INCOME TAX REPORTS (ITR)--PRINT AND ONLINE EDITION
ITR Volume 360 : Part 2 (Issue dated : 13-1-2014)
SUBJECT INDEX TO CASES REPORTED IN THIS PART
Income-tax survey --Power to call for information--Amendment in 1995--Effect--Power can be exercised in course of enquiry--Even where no proceedings pending--But with permission of Director or Commissioner--Notice to banks calling for information as regards persons having cash transactions of over Rs. 1 lakh or having time deposits over Rs. 1 lakh--Valid--Income-tax Act, 1961, s. 133(6)-- Kathiroor Service Co-operative Bank Ltd. v. CIT (CIB) . . . 243
Search and seizure --Application of retained assets--Interest for delayed assessment--No conflict between section 132B(4)(b) which deals with pre-assessment period and section 240 or section 244A which deal with post-assessment period--Tax on assessment found to be higher and seized cash appropriated against liability but order of Assessing Officer overturned by Tribunal--Assessee entitled to interest for pre-assessment period--Income-tax Act, 1961, ss. 132(5), 132B(4)(b)-- Chironjilal Sharma HUF v. Union of . . . 237
Capital gains --Capital assets--Personal effects--Meaning of--Law applicable--Prior to 1-4-2008 painting and works of art not excluded from capital assets--Sale of articles including paintings and carpets held for personal use in accounting year relevant to assessment year 2002-03--Gains exempt from tax--Income-tax Act, 1961, ss. 2(14), 45-- Faiz Murtaza Ali v. CIT (Delhi) . . . 200
Deduction of tax at source --Non-resident--Income deemed to accrue or arise in India--Royalty--Representative assessee--Agent of non-resident--Time charter agreements between Indian entity and non-resident ship-owners--Payment of hire charges--Is for use of ship--Possession need not be transferred--Ship is equipment--Payment constitutes royalty--Indian entity bound to deduct tax at source on payments--Proceedings for failure to deduct tax and proceedings treating Indian entity as agent of non-resident mutually exclusive--Both permissible--Income-tax Act, 1961, ss. 9(1)(i), (vi), Explns. 2, 4, 5, 43(3), 44BB, 160, 163, 195--Double Taxation Avoidance Agreement between India and Cyprus, arts. 7, 8, 12, 13-- Poompuhar Shipping Corporation Ltd. v. ITO (International Taxation) (Mad) . . . 257
Educational institution --Exemption--Application not filed by educational institution but by society--Aims and objects of society containing several other objects apart from education--Not a ground for rejection of application--Matter remanded to prescribed authority for fresh decision--Income-tax Act, 1961, s. 10(23C)(vi)-- Neeraj Janhitkari Gramin Sewa Sansthan v. Chief CIT (All) . . . 168
Income from house property --Income from business--Rental income from unsold flats shown as stock-in-trade--Assessable under income from house property--Income-tax Act, 1961-- New Delhi Hotels Ltd. v. Asst. CIT (Delhi) . . . 187
Income from undisclosed sources --Sale of shares--Payment of sale price to assessee through bank--Finding that transactions not fictitious--Failure to produce identity of purchaser not material--High Court accepting Tribunal’s order in similar controversy--No distinguishing feature--Sale price of shares not to be treated as income from undisclosed sources--Income-tax Act, 1961-- CIT v. Sudeep Goenka (All) . . . 163
Industrial undertaking --Special deduction--Interest on short-term deposit--Not income earned or derived from manufacturing activity undertaken by industrial undertaking--Tank hire charges received by assessee from consumers separately billed and charged--Not includible in profits and gains from manufacturing activity undertaken by industrial undertaking--Income-tax Act, 1961, s. 80-I-- Krishak Bharati Co-operative Ltd. v. CIT (Delhi) . . . 209
----Special deduction--Service charges received from Heavy Water Board--Entitled to special deduction--Income-tax Act, 1961, s. 80-I-- Krishak Bharati Co-operative Ltd. v. Joint CIT (Delhi) . . . 219
----Special deduction--Service charges, crane hire charges, ammonia tanker hire charges and interest from banks and financial institutions--Not entitled to special deduction--Income-tax Act, 1961, s. 80-I-- Krishak Bharati Co-operative Ltd. v. Joint CIT (Delhi) . . . 219
Interest on borrowed capital --Borrowed capital must be used for commercial expediency--Assessee and sister concern having independent credit limits in bank--Assessee, a guarantor to credit limits advanced to sister concern--Sister concern incurring huge loss and its account declared non-performing asset by bank--Plea of loss reputation and goodwill of assessee in view of sister concern being declared non-performing asset not justified--Failure to establish commercial expediency--Disallowance of interest attributable to interest-free advance made by assessee to its sister concern justified--Income-tax Act, 1961, s. 36(1)(iii)-- C. R. Auluck and Sons P. Ltd. v. CIT (P&H) . . . 193
Interpretation of taxing statutes --Words--“Meaning in context†-- Poompuhar Shipping Corporation Ltd. v. ITO (International Taxation) (Mad) . . . 257
Loss --Carry forward and set off--Speculative transaction--Loss on account of purchase and sale of shares--Transaction not constituting business carried on by assessee--Loss can be set off against profits earned from other sources--Income-tax Act, 1961, s. 73-- CIT v. Orient Instrument P. Ltd. (Delhi) . . . 182
Non-resident --Income deemed to accrue or arise in India--Permanent establishment --Time charter agreements with Indian entity--Ship whether permanent establishment of non-resident-- Poompuhar Shipping Corporation Ltd. v. ITO (International Taxation) (Mad) . . . 257
Reassessment --Notice--Income escaping assessment--Assessee engaged in business of marketing agricultural produce within notified area of Market Committee--Punjab Mandi Board finding assessee concealed its sales--Reassessment on basis of finding of Punjab Mandi Board--Order of Punjab Mandi Board set aside in appeal--Assessing Officer directed to reconsider order to ascertain whether any income has escaped assessment or assessee is guilty of evasion of tax--Income-tax Act, 1961, ss. 147, 148-- CIT v. R. J. Traders (P&H) . . . 190
Representative assessee --Assessee having time-charter agreements with several non-resident ship-owners--Can be treated as representative assessee in respect of each--Income-tax Act, 1961, ss. 160, 163-- Poompuhar Shipping Corporation Ltd. v. ITO (International Taxation) (Mad) . . . 257
Revision --Condition precedent--Order should be erroneous and prejudicial to Revenue--Assessing Officer taking one of two possible views--Order not erroneous--Assessing Officer granting interest refund due to excess payment under section 115J--Two views possible on question of such interest--Order of Assessing Officer not erroneous--Commissioner not justified in setting aside order--Income-tax Act, 1961, s. 263-- CIT v. Chambal Fertilizers and Chemicals Ltd. (Raj) . . . 225
Salary --Perquisite--Definition--Development officers of Life Insurance Corporation--Salaried officers--Conveyance/additional conveyance allowances--Incentive bonus--Expenses incurred for generating business--Taxable as perquisite--Income-tax Act, 1961, ss. 10(14)(i), 17(2)-- National Federation of Insurance Field Workers of India v. Union of India (All) . . . 175
Scientific research association --Exemption--Requirement of reference of question to Central Government through Board--No clear reference to Central Government whether association falls within category of “scientific research association†or of “other institutions†--Association receiving payments towards royalty and service charges--Not by itself ground to hold association not a scientific research association--Direction to Central Government to decide issue afresh--Income-tax Act, 1961, ss. 10(21), 35(1)(ii)-- Centre for Development of Telematics v. Union of India (Delhi) . . . 184
Words and phrases --“Right to use†, “royalty†, “equipment†, “plant†, “international traffic†-- Poompuhar Shipping Corporation Ltd. v. ITO (International Taxation) (Mad) . . . 257
SECTIONWISE INDEX TO CASES REPORTED IN THIS PART
Double Taxation Avoidance Agreement between India and Cyprus :
Arts. 7, 8, 12, 13 --Deduction of tax at source--Non-resident--Income deemed to accrue or arise in India--Royalty--Representative assessee--Agent of non-resident--Time charter agreements between Indian entity and non-resident ship-owners--Payment of hire charges--Is for use of ship--Possession need not be transferred--Ship is equipment--Payment constitutes royalty--Indian entity bound to deduct tax at source on payments--Proceedings for failure to deduct tax and proceedings treating Indian entity as agent of non-resident mutually exclusive--Both permissible-- Poompuhar Shipping Corporation Ltd. v. ITO (International Taxation) (Mad) . . . 257
S. 2(14) --Capital gains--Capital assets--Personal effects--Meaning of--Law applicable--Prior to 1-4-2008 painting and works of art not excluded from capital assets--Sale of articles including paintings and carpets held for personal use in accounting year relevant to assessment year 2002-03--Gains exempt from tax-- Faiz Murtaza Ali v. CIT (Delhi) . . . 200
S. 9(1)(i), (vi), Explns. 2, 4, 5 -- Deduction of tax at source--Non-resident--Income deemed to accrue or arise in India--Royalty--Representative assessee--Agent of non-resident--Time charter agreements between Indian entity and non-resident ship-owners--Payment of hire charges--Is for use of ship--Possession need not be transferred--Ship is equipment--Payment constitutes royalty--Indian entity bound to deduct tax at source on payments--Proceedings for failure to deduct tax and proceedings treating Indian entity as agent of non-resident mutually exclusive--Both permissible-- Poompuhar Shipping Corporation Ltd. v. ITO (International Taxation) (Mad) . . . 257
S. 10(14)(i) --Salary--Perquisite--Definition--Development officers of Life Insurance Corporation--Salaried officers--Conveyance/additional conveyance allowances--Incentive bonus--Expenses incurred for generating business--Taxable as perquisite-- National Federation of Insurance Field Workers of India v. Union of India (All) . . . 175
S. 10(21) --Scientific research association--Exemption--Requirement of reference of question to Central Government through Board--No clear reference to Central Government whether association falls within category of “scientific research association†or of “other institutions†--Association receiving payments towards royalty and service charges--Not by itself ground to hold association not a scientific research association--Direction to Central Government to decide issue afresh-- Centre for Development of Telematics v. Union of India (Delhi) . . . 184
S. 10(23C)(vi) --Educational institution--Exemption--Application not filed by educational institution but by society--Aims and objects of society containing several other objects apart from education--Not a ground for rejection of application--Matter remanded to prescribed authority for fresh decision-- Neeraj Janhitkari Gramin Sewa Sansthan v. Chief CIT (All) . . . 168
S. 17(2) --Salary--Perquisite--Definition--Development officers of Life Insurance Corporation--Salaried officers--Conveyance/additional conveyance allowances--Incentive bonus--Expenses incurred for generating business--Taxable as perquisite-- National Federation of Insurance Field Workers of India v. Union of India (All) . . . 175
S. 35(1)(ii) --Scientific research association--Exemption--Requirement of reference of question to Central Government through Board--No clear reference to Central Government whether association falls within category of “scientific research association†or of “other institutions†--Association receiving payments towards royalty and service charges--Not by itself ground to hold association not a scientific research association--Direction to Central Government to decide issue afresh-- Centre for Development of Telematics v. Union of India (Delhi) . . . 184
S. 36(1)(iii) --Interest on borrowed capital--Borrowed capital must be used for commercial expediency--Assessee and sister concern having independent credit limits in bank--Assessee, a guarantor to credit limits advanced to sister concern--Sister concern incurring huge loss and its account declared non-performing asset by bank--Plea of loss reputation and goodwill of assessee in view of sister concern being declared non-performing asset not justified--Failure to establish commercial expediency--Disallowance of interest attributable to interest-free advance made by assessee to its sister concern justified-- C. R. Auluck and Sons P. Ltd. v. CIT (P&H) . . . 193
S. 43(3) -- Deduction of tax at source--Non-resident--Income deemed to accrue or arise in India--Royalty--Representative assessee--Agent of non-resident--Time charter agreements between Indian entity and non-resident ship-owners--Payment of hire charges--Is for use of ship--Possession need not be transferred--Ship is equipment--Payment constitutes royalty--Indian entity bound to deduct tax at source on payments--Proceedings for failure to deduct tax and proceedings treating Indian entity as agent of non-resident mutually exclusive--Both permissible-- Poompuhar Shipping Corporation Ltd. v. ITO (International Taxation) (Mad) . . . 257
S. 44BB -- Deduction of tax at source--Non-resident--Income deemed to accrue or arise in India--Royalty--Representative assessee--Agent of non-resident--Time charter agreements between Indian entity and non-resident ship-owners--Payment of hire charges--Is for use of ship--Possession need not be transferred--Ship is equipment--Payment constitutes royalty--Indian entity bound to deduct tax at source on payments--Proceedings for failure to deduct tax and proceedings treating Indian entity as agent of non-resident mutually exclusive--Both permissible-- Poompuhar Shipping Corporation Ltd. v. ITO (International Taxation) (Mad) . . . 257
S. 45 --Capital gains--Capital assets--Personal effects--Meaning of--Law applicable--Prior to 1-4-2008 painting and works of art not excluded from capital assets--Sale of articles including paintings and carpets held for personal use in accounting year relevant to assessment year 2002-03--Gains exempt from tax-- Faiz Murtaza Ali v. CIT (Delhi) . . . 200
S. 73 --Loss--Carry forward and set off--Speculative transaction--Loss on account of purchase and sale of shares--Transaction not constituting business carried on by assessee--Loss can be set off against profits earned from other sources-- CIT v. Orient Instrument P. Ltd. (Delhi) . . . 182
S. 80-I --Industrial undertaking--Special deduction--Interest on short-term deposit--Not income earned or derived from manufacturing activity undertaken by industrial undertaking--Tank hire charges received by assessee from consumers separately billed and charged--Not includible in profits and gains from manufacturing activity undertaken by industrial undertaking-- Krishak Bharati Co-operative Ltd. v. CIT (Delhi) . . . 209
----Industrial undertaking--Special deduction--Service charges received from Heavy Water Board--Entitled to special deduction-- Krishak Bharati Co-operative Ltd. v. Joint CIT (Delhi) . . . 219
----Industrial undertaking--Special deduction--Service charges, crane hire charges, ammonia tanker hire charges and interest from banks and financial institutions--Not entitled to special deduction-- Krishak Bharati Co-operative Ltd. v. Joint CIT (Delhi) . . . 219
S. 132(5) --Search and seizure--Application of retained assets--Interest for delayed assessment--No conflict between section 132B(4)(b) which deals with pre-assessment period and section 240 or section 244A which deal with post-assessment period--Tax on assessment found to be higher and seized cash appropriated against liability but order of Assessing Officer overturned by Tribunal--Assessee entitled to interest for pre-assessment period-- Chironjilal Sharma HUF v. Union of India (SC). . . 237
S. 132B(4)(b) --Search and seizure--Application of retained assets--Interest for delayed assessment--No conflict between section 132B(4)(b) which deals with pre-assessment period and section 240 or section 244A which deal with post-assessment period--Tax on assessment found to be higher and seized cash appropriated against liability but order of Assessing Officer overturned by Tribunal--Assessee entitled to interest for pre-assessment period-- Chironjilal Sharma HUF v. Union of India (SC). . . 237
S. 133(6) --Income-tax survey--Power to call for information--Amendment in 1995--Effect--Power can be exercised in course of enquiry--Even where no proceedings pending--But with permission of Director or Commissioner--Notice to banks calling for information as regards persons having cash transactions of over Rs. 1 lakh or having time deposits over Rs. 1 lakh--Valid-- Kathiroor Service Co-operative Bank Ltd. v. CIT (CIB) (SC). . . 243
S. 147 --Reassessment--Notice--Income escaping assessment--Assessee engaged in business of marketing agricultural produce within notified area of Market Committee--Punjab Mandi Board finding assessee concealed its sales--Reassessment on basis of finding of Punjab Mandi Board--Order of Punjab Mandi Board set aside in appeal--Assessing Officer directed to reconsider order to ascertain whether any income has escaped assessment or assessee is guilty of evasion of tax-- CIT v. R. J. Traders (P&H) . . . 190
S. 148 --Reassessment--Notice--Income escaping assessment--Assessee engaged in business of marketing agricultural produce within notified area of Market Committee--Punjab Mandi Board finding assessee concealed its sales--Reassessment on basis of finding of Punjab Mandi Board--Order of Punjab Mandi Board set aside in appeal--Assessing Officer directed to reconsider order to ascertain whether any income has escaped assessment or assessee is guilty of evasion of tax-- CIT v. R. J. Traders (P&H) . . . 190
S. 160 -- Deduction of tax at source--Non-resident--Income deemed to accrue or arise in India--Royalty--Representative assessee--Agent of non-resident--Time charter agreements between Indian entity and non-resident ship-owners--Payment of hire charges--Is for use of ship--Possession need not be transferred--Ship is equipment--Payment constitutes royalty--Indian entity bound to deduct tax at source on payments--Proceedings for failure to deduct tax and proceedings treating Indian entity as agent of non-resident mutually exclusive--Both permissible-- Poompuhar Shipping Corporation Ltd. v. ITO (International Taxation) (Mad) . . . 257
----Representative assessee--Assessee having time-charter agreements with several non-resident shipowners--Can be treated as representative assessee in respect of each-- Poompuhar Shipping Corporation Ltd. v. ITO (International Taxation) (Mad) . . . 257
S. 163 -- Deduction of tax at source--Non-resident--Income deemed to accrue or arise in India--Royalty--Representative assessee--Agent of non-resident--Time charter agreements between Indian entity and non-resident ship-owners--Payment of hire charges--Is for use of ship--Possession need not be transferred--Ship is equipment--Payment constitutes royalty--Indian entity bound to deduct tax at source on payments--Proceedings for failure to deduct tax and proceedings treating Indian entity as agent of non-resident mutually exclusive--Both permissible-- Poompuhar Shipping Corporation Ltd. v. ITO (International Taxation) (Mad) . . . 257
----Representative assessee--Assessee having time-charter agreements with several non-resident shipowners--Can be treated as representative assessee in respect of each-- Poompuhar Shipping Corporation Ltd. v. ITO (International Taxation) (Mad) . . . 257
S. 195 -- Deduction of tax at source--Non-resident--Income deemed to accrue or arise in India--Royalty--Representative assessee--Agent of non-resident--Time charter agreements between Indian entity and non-resident ship-owners--Payment of hire charges--Is for use of ship--Possession need not be transferred--Ship is equipment--Payment constitutes royalty--Indian entity bound to deduct tax at source on payments--Proceedings for failure to deduct tax and proceedings treating Indian entity as agent of non-resident mutually exclusive--Both permissible-- Poompuhar Shipping Corporation Ltd. v. ITO (International Taxation) (Mad) . . . 257
S. 263 --Revision--Condition precedent--Order should be erroneous and prejudicial to Revenue--Assessing Officer taking one of two possible views--Order not erroneous--Assessing Officer granting interest refund due to excess payment under section 115J--Two views possible on question of such interest--Order of Assessing Officer not erroneous--Commissioner not justified in setting aside order-- CIT v. Chambal Fertilizers and Chemicals Ltd. (Raj) . . . 225
No comments:
Post a Comment