ITR’S TRIBUNAL TAX REPORTS (ITR (TRIB)) -- PRINT AND ONLINE EDITION
SUBJECT INDEX TO CASES REPORTED
Business expenditure --Interest on borrowed capital--Commissioner (Appeals) following decision rendered in case of group concern of assessee deleting addition made by Assessing Officer--No material to show that facts identical--Applicability of facts pertaining to commercial expediency needs to be seen--Matter remanded--Income-tax Act, 1961-- Assistant CIT v. Laksons Footwear P. Ltd. (Delhi) . . . 106
Non-resident --Royalty--Company providing international connectivity services--Provision of international private leased circuits in contract with VSNL--Customers of assessee paying for composite connectivity from Chennai to U.S.A.--Division of contract owing to Indian telecommunications regulations--Payment was for use of equipment or process and amounts to royalty--Income-tax Act, 1961, s. 9(1)(vi), Expln. 2(iva)-- Verizon Communications Singapore Pte Ltd. v. ITO (International Taxation) (Chennai) . . . 51
PRINT EDITION
Volume 29 : Part 6 (Issue dated : 10-2-2014)
SUBJECT INDEX TO CASES REPORTED
Advance tax --Interest--Interest payable by assessee--Sums liable to deduction of tax at source--Failure by payer to deduct--No interest chargeable from payee--Income-tax Act, 1961, s. 234B-- China Shipping Container Lines (Hong Kong) Co. Ltd. v. Assistant DIT (International Taxation) (Mumbai) . . . 673
Appeal to Appellate Tribunal --Assessee not pressing issue before Commissioner (Appeals)--Cannot raise issue before Tribunal--Income-tax Act, 1961-- GVK Biosciences P. Ltd. v. Additional CIT (Hyderabad) . . . 684
Business expenditure --Disallowance--Payments to non-resident subject to deduction of tax at source--Payment for leather testing charges--Services rendered outside India though utilised in India--Leather testing fees not taxable in India--Disallowance of expenditure for failure to deduct tax at source not justified--Income-tax Act, 1961, ss. 9(1), 40(a)(i)-- Metro and Metro v. Additional CIT (Agra) . . . 772
Deduction --Disallowance of expenditure relating to exempt income--Expenditure incurred under head printing and stationery, postage and telegram, professional and other services and payment to auditors--Disallowance under section 14A depend on facts and circumstances of case--Matter remanded--Income-tax Act, 1961, s. 14A-- Metal Powder Co. Ltd. v. Assistant CIT (Chennai) . . . 759
Deduction of tax at source --Failure to deduct tax at source--Composite contract for work split into two parts--First contract for supply of machines and second contract for installation--Machines to be dismantled for easy transportation and to be assembled at work to make them functional--Part of machines supplied have individual existence and become functional upon their installation--Supply contract in nature of “contract of sale†and provisions of section 194C relating to “works contract†not applicable--Income-tax Act, 1961, ss. 194C, 201(1), (1A)-- National Thermal Power Corporation Ltd . v. ITO (Visakhapatnam) . . . 712
Depreciation --Additional depreciation--Depreciation not claimed at time of filing of return--No revised return filed--Claim not acceptable--Income-tax Act, 1961, s. 32(1)(iia)-- Metal Powder Co. Ltd. v. Assistant CIT (Chennai) . . . 759
Industrial undertaking --Special deduction--Assessee filing audit report declaring assessment year 2003-04 as initial assessment year--Report specified under section 80-IA to be considered as final--Assessee not entitled to claim information contained therein not correct--Income-tax Act, 1961, s. 80-IA-- Metal Powder Co. Ltd. v. Assistant CIT (Chennai) . . . 759
----Special deduction--Scientific research and development--Approved by prescribed authority for benefit of deduction under section 80-IB(8A)--No material to show withdrawal of approval--Assessee cannot be denied deduction on ground not engaged in scientific research and development--Income-tax Act, 1961, s. 80-IB(8A)-- GVK Bio-sciences P. Ltd. v. Additional CIT (Hyderabad) . . . 684
----Special deduction under section 80-IA--Loss of earlier years not carried forward--Gross total income for all assessment years positive--Losses of some units not to be adjusted against profits of others--Each undertaking to be considered separately for working out deduction under section 80-IA--Income-tax Act, 1961, s. 80-IA-- Metal Powder Co. Ltd. v. Assistant CIT (Chennai) . . . 759
Presumptive tax --Non-resident--Shipping business--Provision for deeming income at 7.5 per cent of gross receipts--Computation of gross receipts--Service tax collected by assessee--Is trading receipt--To be included in gross receipts for computation of presumptive tax--Income-tax Act, 1961, s. 44B(2)-- China Shipping Container Lines (Hong Kong) Co. Ltd. v. Assistant DIT (International Taxation) (Mumbai) . . . 673
Reassessment --Income escaping assessment--Reopening of assessment on basis of different view taken in subsequent assessment year--No fresh tangible material to show income escaped assessment--Reassessment invalid in law--Income-tax Act, 1961, ss. 143(3), 147-- GVK Biosciences P. Ltd. v. Additional CIT (Hyderabad) . . . 684
Revision --Commissioner--Depreciation--Windmill claimed to be erected and generating electricity from September 30, 2007--Power from windmill sold to Electricity Board and sale proceeds offered for taxation--Not case of Commissioner that Assessing Officer had not verified details--Certificate issued by Superintending Engineer of State Electricity Board as to date--Not a fit case for revision to restrict depreciation--Income-tax Act, 1961, s. 263-- D. M. Kathir Anand v. Assistant CIT (No. 2) (Chennai) . . . 753
----Commissioner--Erroneous and prejudicial to Revenue--Depreciation--No material to show assessee failed to file all details before Assessing Officer at stage of assessment--Claim of assessee in accordance with provisions of Act--Certificate issued by Tamil Nadu Electricity Board as to date of commissioning of windmill--Order passed by Assessing Officer neither erroneous nor prejudicial to interests of Revenue--Income-tax Act, 1961, s. 263-- D. M. Kathir Anand v. Assistant CIT (No. 1 ) (Chennai) . . . 747
SECTIONWISE INDEX TO CASES REPORTED IN THIS PART
S. 9(1) --Business expenditure--Disallowance--Payments to non-resident subject to deduction of tax at source--Payment for leather testing charges--Services rendered outside India though utilised in India--Leather testing fees not taxable in India--Disallowance of expenditure for failure to deduct tax at source not justified-- Metro and Metro v. Additional CIT (Agra) . . . 772
S. 14A --Deduction--Disallowance of expenditure relating to exempt income--Expenditure incurred under head printing and stationery, postage and telegram, professional and other services and payment to auditors--Disallowance under section 14A depend on facts and circumstances of case--Matter remanded-- Metal Powder Co. Ltd. v. Assistant CIT (Chennai) . . . 759
S. 32(1)(iia) --Depreciation--Additional depreciation--Depreciation not claimed at time of filing of return--No revised return filed--Claim not acceptable-- Metal Powder Co. Ltd. v. Assistant CIT (Chennai) . . . 759
S. 40(a)(i) --Business expenditure--Disallowance--Payments to non-resident subject to deduction of tax at source--Payment for leather testing charges--Services rendered outside India though utilised in India--Leather testing fees not taxable in India--Disallowance of expenditure for failure to deduct tax at source not justified-- Metro and Metro v. Additional CIT (Agra) . . . 772
S. 44B(2) --Presumptive tax--Non-resident--Shipping business--Provision for deeming income at 7.5 per cent of gross receipts--Computation of gross receipts--Service tax collected by assessee--Is trading receipt--To be included in gross receipts for computation of presumptive tax-- China Shipping Container Lines (Hong Kong) Co. Ltd. v. Assistant DIT (International Taxation) (Mumbai) . . . 673
S. 80-IA --Industrial undertaking--Special deduction under section 80-IA--Loss of earlier years not carried forward--Gross total income for all assessment years positive--Losses of some units not to be adjusted against profits of others--Each undertaking to be considered separately for working out deduction under section 80-IA-- Metal Powder Co. Ltd. v. Assistant CIT (Chennai) . . . 759
----Industrial undertaking--Special deduction--Assessee filing audit report declaring assessment year 2003-04 as initial assessment year--Report specified under section 80-IA to be considered as final--Assessee not entitled to claim information contained therein not correct-- Metal Powder Co. Ltd. v. Assistant CIT (Chennai) . . . 759
S. 80-IB(8A) --Industrial undertaking--Special deduction--Scientific research and development--Approved by prescribed authority for benefit of deduction under section 80-IB(8A)--No material to show withdrawal of approval--Assessee cannot be denied deduction on ground not engaged in scientific research and development-- GVK Biosciences P. Ltd. v. Additional CIT (Hyderabad) . . . 684
S. 143(3) --Reassessment--Income escaping assessment--Reopening of assessment on basis of different view taken in subsequent assessment year--No fresh tangible material to show income escaped assessment--Reassessment invalid in law-- GVK Bio-sciences P. Ltd. v. Additional CIT (Hyderabad) . . . 684
S. 147 --Reassessment--Income escaping assessment--Reopening of assessment on basis of different view taken in subsequent assessment year--No fresh tangible material to show income escaped assessment--Reassessment invalid in law-- GVK Biosciences P. Ltd. v. Additional CIT (Hyderabad) . . . 684
S. 194C --Deduction of tax at source--Failure to deduct tax at source--Composite contract for work split into two parts--First contract for supply of machines and second contract for installation--Machines to be dismantled for easy transportation and to be assembled at work to make them functional--Part of machines supplied have individual existence and become functional upon their installation--Supply contract in nature of “contract of sale†and provisions of section 194C relating to “works contract†not applicable-- National Thermal Power Corporation Ltd. v. ITO
(Visakhapatnam) . . . 712
S. 201(1) --Deduction of tax at source--Failure to deduct tax at source--Composite contract for work split into two parts--First contract for supply of machines and second contract for installation--Machines to be dismantled for easy transportation and to be assembled at work to make them functional--Part of machines supplied have individual existence and become functional upon their installation--Supply contract in nature of “contract of sale†and provisions of section 194C relating to “works contract†not applicable-- National Thermal Power Corporation Ltd. v. ITO
(Visakhapatnam) . . . 712
S. 201(1A) --Deduction of tax at source--Failure to deduct tax at source--Composite contract for work split into two parts--First contract for supply of machines and second contract for installation--Machines to be dismantled for easy transportation and to be assembled at work to make them functional--Part of machines supplied have individual existence and become functional upon their installation--Supply contract in nature of “contract of sale†and provisions of section 194C relating to “works contract†not applicable-- National Thermal Power Corporation Ltd. v. ITO
(Visakhapatnam) . . . 712
S. 234B --Advance tax--Interest--Interest payable by assessee--Sums liable to deduction of tax at source--Failure by payer to deduct--No interest chargeable from payee-- China Shipping Container Lines (Hong Kong) Co. Ltd. v. Assistant DIT (International Taxation) (Mumbai) . . . 673
S. 263 --Revision--Commissioner--Depreciation--Windmill claimed to be erected and generating electricity from September 30, 2007--Power from windmill sold to Electricity Board and sale proceeds offered for taxation--Not case of Commissioner that Assessing Officer had not verified details--Certificate issued by Superintending Engineer of State Electricity Board as to date--Not a fit case for revision to restrict depreciation-- D. M. Kathir Anand v. Assistant CIT (No. 2) (Chennai) . . . 753
----Revision--Commissioner--Erroneous and prejudicial to Revenue--Depreciation--No material to show assessee failed to file all details before Assessing Officer at stage of assessment--Claim of assessee in accordance with provisions of Act--Certificate issued by Tamil Nadu Electricity Board as to date of commissioning of windmill--Order passed by Assessing Officer neither erroneous nor prejudicial to interests of Revenue-- D. M. Kathir Anand v. Assistant CIT (No. 1 ) (Chennai) . . . 747
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