INCOME TAX REPORTS (ITR)--PRINT AND ONLINE EDITION
Income-tax Act, 1961 : Notification under section 90 : Agreement between the Government of the Republic of India and the Royal Government of Bhutan for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income . . . 257
ITR Volume 367 : Part 5 (Issue dated : 13-10-2014)
SUBJECT INDEX TO CASES REPORTED IN THIS PART
Appeal to Commissioner (Appeals) --Powers of Commissioner (Appeals)--Power to admit additional evidence--Assessing Officer given opportunity to consider such evidence--Admission of additional evidence valid--Income-tax Act, 1961--Income-tax Rules, 1962, r. 46A-- CIT v. Kamlaben Sureshchandra Bhatti (Guj) . . . 692
Capital or revenue expenditure --Prior period expenses--Expenses on project work-in-progress--No change in method of accounting--Revenue expenditure--Income-tax Act, 1961, s. 37-- CIT v. Gaja Advisors (P.) Ltd. (Delhi) . . . 726
Cash credits --Source of credits satisfactorily explained--Deletion of addition under section 68--Justified--Income-tax Act, 1961, s. 68-- CIT v. Kamlaben Sureshchandra Bhatti (Guj) . . . 692
Charitable purpose --Charitable trust--Exemption--Will bequeathing entire property including immovable property and shares to assessee-trust--Will challenged in probate proceedings--Trust acquiring no legal right--No violation of section 11(5)--Income-tax Act, 1961, s. 11(5)--Director of Income-tax (Exemption) v. Khetri Trust (Delhi) . . . 723
Deduction of tax at source --Payment to sub-contractor--Contract for transportation of employees of client--Amount paid for hire of vehicles--No sub-contract--Tax not deductible at source on such amount--Income-tax Act, 1961, s. 194C-- CIT v. Mukesh Travels Co. (Guj) . . . 706
Income --Accrual--Time of accrual--Work executed under contract--Retention of part of consideration to ensure proper performance of work--Modification of contract--Assessee allowed to withdraw retained consideration on furnishing bank guarantee--Modification of contract did not make any difference--Amount retained did not accrue to assessee--Income-tax Act, 1961-- Amarshiv Construction P. Ltd. v. Deputy CIT (Guj) . . . 659
Income from undisclosed sources --Deletion of addition after considering facts--Deletion justified--Income-tax Act, 1961-- CIT v. Jayendra N. Shah (Guj) . . . 686
Interest-tax --Chargeable interest--Difference between finance and hire-purchase agreements--Finding that transaction was one of hire-purchase--Interest-tax cannot be levied--Interest-tax Act, 1974, s. 8(3)-- CIT v. N. K. Leasing and Construction P. Ltd. (T & AP) . . . 720
International transactions --Arm’s length price--Determination--Jurisdiction of Transfer Pricing Officer and Assessing Officer--Distinct--Fees for services paid by assessee to associated enterprise--Order of Transfer Pricing Officer as regards arm’s length price binding on Assessing Officer--But Assessing Officer to decide whether work or services actually rendered and expenditure was for business purpose--Payment must be subjected to transfer pricing study--No inference that merely because reimbursement was at cost, it was at arm’s length--Reimbursement of costs--Basis for costs incurred, activities for which incurred, benefit accruing to assessee must be proved to determine whether, and how much, of expenditure was for purpose of benefit of assessee and whether that amount subjected to proper transfer pricing analysis--Income-tax Act, 1961, ss. 37, 92, 92CA(3)--Income-tax Rules, 1962, r. 10C-- CIT v. Cushman and Wakefield (India) Pvt. Ltd. (Delhi) . . . 730
Precedent --Effect of decision of Supreme Court in CIT v. Harprasad and Co. P. Ltd. [1975] 99 ITR 118 (SC)-- Fenoplast Ltd. v. Asst. CIT (T & AP) . . . 761
Reassessment --Notice--Assessing Officer--Powers--Power to make additions on grounds other than those on which assessment reopened--Assessing Officer assessing income which come to his notice subsequently in course of proceedings under section 147--Reassessment valid--Income-tax Act, 1961, ss. 147, 148-- CIT v. Mehak Finvest Pvt. Ltd.(P&H) . . . 769
----Notice--Reasons to believe that assessee failed to fulfil conditions required to claim deduction under section 10B--Assessing Officer following due procedure and recorded sufficient reasons--Only remedy of assessee is to file an appeal after reassessment--Income-tax Act, 1961, s. 148-- Jeans Knit P. Ltd. v. Deputy CIT (Karn) . . . 773
----Notice--Validity--Failure to issue notice under section 143(2)--Notice not valid--Income-tax Act, 1961, ss. 143, 147-- CIT v. Sukhini P. Modi (Guj) . . . 682
----Notice after four years--Validity--Failure to disclose material facts necessary for assessment--Amortised deduction spread over ten years--Claim accepted in first year in scrutiny assessment--Notice in fifth year on ground that claim was excessive--No failure to disclose material facts necessary for assessment--Notice not valid--Income-tax Act, 1961, ss. 35D, 147, 148-- Gujarat Narmada Valley Fertilizers Co. Ltd. v. Deputy CIT (Guj) . . . 677
Search and seizure --Block assessment--Undisclosed income--Meaning of income in Chapter XIV-B--Undisclosed income having effect of reducing losses--Not assessable under Chapter XIV-B--Income-tax Act, 1961, Chapter XIV-B-- Fenoplast Ltd. v. Asst. CIT (T & AP) . . . 761
----Block assessment--Undisclosed income--Undisclosed income to be treated as part of total income--Depreciation deductible from such undisclosed income--Income-tax Act, 1961, Chapter XIV-B-- Fenoplast Ltd. v. Asst. CIT (T & AP) . . . 761
----Seizure of assets--Release of seized assets--Effect of proviso to section 132B(1)(i)--Release only if source of acquisition of asset is explained satisfactorily--Contradictory stands regarding acquisition of asset--Refusal to release asset--Justified--Income-tax Act, 1961, s. 132B-- Jinkal Dineshbhai Virvadiya v. Asst. CIT (Guj) . . . 713
Settlement of cases --Application for settlement--Interest under sections 234B and 234C not chargeable beyond stage of section 245D(1)--Income-tax Act, 1961, ss. 234B, 234C, 245D--C. M. Smith and Sons v. Asst. CIT (Guj) . . . 701
Unexplained investment --Explanation regarding investment satisfactory--Deletion of addition under section 69--Justified--Income-tax Act, 1961, s. 69-- CIT v. Kamlaben Sureshchandra Bhatti (Guj) . . . 692
Writ --High Court--Delay in filing writ petition--Reasonable cause for delay--Petition cannot be rejected--Constitution of India, art 226-- C. M. Smith and Sons v. Asst. CIT (Guj) . . . 701
SECTIONWISE INDEX TO CASES REPORTED IN THIS PART
Art. 226 --Writ--High Court--Delay in filing writ petition--Reasonable cause for delay--Petition cannot be rejected-- C. M. Smith and Sons v. Asst. CIT (Guj) . . . 701
S. 11(5) --Charitable purpose--Charitable trust--Exemption--Will bequeathing entire property including immovable property and shares to assessee-trust--Will challenged in probate proceedings--Trust acquiring no legal right--No violation of section 11(5)-- Director of Income-tax (Exemption) v. Khetri Trust (Delhi) . . . 723
S. 35D --Reassessment--Notice after four years--Validity--Failure to disclose material facts necessary for assessment--Amortised deduction spread over ten years--Claim accepted in first year in scrutiny assessment--Notice in fifth year on ground that claim was excessive--No failure to disclose material facts necessary for assessment--Notice not valid-- Gujarat Narmada Valley Fertilizers Co. Ltd. v. Deputy CIT (Guj) . . . 677
S. 37 --Capital or revenue expenditure--Prior period expenses--Expenses on project work-in-progress--No change in method of accounting--Revenue expenditure-- CIT v. Gaja Advisors (P.) Ltd. (Delhi) . . . 726
----International transactions--Arm’s length price--Determination--Jurisdiction of Transfer Pricing Officer and Assessing Officer--Distinct--Fees for services paid by assessee to associated enterprise--Order of Transfer Pricing Officer as regards arm’s length price binding on Assessing Officer--But Assessing Officer to decide whether work or services actually rendered and expenditure was for business purpose--Payment must be subjected to transfer pricing study--No inference that merely because reimbursement was at cost, it was at arm’s length--Reimbursement of costs--Basis for costs incurred, activities for which incurred, benefit accruing to assessee must be proved to determine whether, and how much, of expenditure was for purpose of benefit of assessee and whether that amount subjected to proper transfer pricing analysis-- CIT v. Cushman and Wakefield (India) Pvt. Ltd. (Delhi) . . . 730
S. 68 --Cash credits--Source of credits satisfactorily explained--Deletion of addition under section 68--Justified-- CIT v. Kamlaben Sureshchandra Bhatti (Guj) . . . 692
S. 69 --Unexplained investment--Explanation regarding investment satisfactory--Deletion of addition under section 69--Justified-- CIT v. Kamlaben Sureshchandra Bhatti (Guj) . . . 692
S. 92 --International transactions--Arm’s length price--Determination--Jurisdiction of Transfer Pricing Officer and Assessing Officer--Distinct--Fees for services paid by assessee to associated enterprise--Order of Transfer Pricing Officer as regards arm’s length price binding on Assessing Officer--But Assessing Officer to decide whether work or services actually rendered and expenditure was for business purpose--Payment must be subjected to transfer pricing study--No inference that merely because reimbursement was at cost, it was at arm’s length--Reimbursement of costs--Basis for costs incurred, activities for which incurred, benefit accruing to assessee must be proved to determine whether, and how much, of expenditure was for purpose of benefit of assessee and whether that amount subjected to proper transfer pricing analysis-- CIT v. Cushman and Wakefield (India) Pvt. Ltd. (Delhi) . . . 730
S. 92CA(3) --International transactions--Arm’s length price--Determination--Jurisdiction of Transfer Pricing Officer and Assessing Officer--Distinct--Fees for services paid by assessee to associated enterprise--Order of Transfer Pricing Officer as regards arm’s length price binding on Assessing Officer--But Assessing Officer to decide whether work or services actually rendered and expenditure was for business purpose--Payment must be subjected to transfer pricing study--No inference that merely because reimbursement was at cost, it was at arm’s length--Reimbursement of costs--Basis for costs incurred, activities for which incurred, benefit accruing to assessee must be proved to determine whether, and how much, of expenditure was for purpose of benefit of assessee and whether that amount subjected to proper transfer pricing analysis-- CIT v. Cushman and Wakefield (India) Pvt. Ltd. (Delhi) . . . 730
S. 132B --Search and seizure--Seizure of assets--Release of seized assets--Effect of proviso to section 132B(1)(i)--Release only if source of acquisition of asset is explained satisfactorily--Contradictory stands regarding acquisition of asset--Refusal to release asset--Justified-- Jinkal Dineshbhai Virvadiya v. Asst. CIT (Guj) . . . 713
S. 143 --Reassessment--Notice--Validity--Failure to issue notice under section 143(2)--Notice not valid-- CIT v. Sukhini P. Modi (Guj) . . . 682
S. 147 --Reassessment--Notice--Assessing Officer--Powers--Power to make additions on grounds other than those on which assessment reopened--Assessing Officer assessing income which come to his notice subsequently in course of proceedings under section 147--Reassessment valid-- CIT v. Mehak Finvest Pvt. Ltd. (P&H) . . . 769
----Reassessment--Notice--Validity--Failure to issue notice under section 143(2)--Notice not valid-- CIT v. Sukhini P. Modi (Guj) . . . 682
----Reassessment--Notice after four years--Validity--Failure to disclose material facts necessary for assessment--Amortised deduction spread over ten years--Claim accepted in first year in scrutiny assessment--Notice in fifth year on ground that claim was excessive--No failure to disclose material facts necessary for assessment--Notice not valid-- Gujarat Narmada Valley Fertilizers Co. Ltd. v. Deputy CIT (Guj) . . . 677
S. 148 --Reassessment--Notice--Assessing Officer--Powers--Power to make additions on grounds other than those on which assessment reopened--Assessing Officer assessing income which come to his notice subsequently in course of proceedings under section 147--Reassessment valid-- CIT v. Mehak Finvest Pvt. Ltd. (P&H) . . . 769
----Reassessment--Notice--Reasons to believe that assessee failed to fulfil conditions required to claim deduction under section 10B--Assessing Officer following due procedure and recorded sufficient reasons--Only remedy of assessee is to file an appeal after reassessment-- Jeans Knit P. Ltd. v. Deputy CIT (Karn) . . . 773
----Reassessment--Notice after four years--Validity--Failure to disclose material facts necessary for assessment--Amortised deduction spread over ten years--Claim accepted in first year in scrutiny assessment--Notice in fifth year on ground that claim was excessive--No failure to disclose material facts necessary for assessment--Notice not valid-- Gujarat Narmada Valley Fertilizers Co. Ltd. v. Deputy CIT (Guj) . . . 677
Chapter XIV-B --Search and seizure--Block assessment--Undisclosed income--Meaning of income in Chapter XIV-B--Undisclosed income having effect of reducing losses--Not assessable under Chapter XIV-B-- Fenoplast Ltd. v. Asst. CIT (T & AP) . . . 761
----Search and seizure--Block assessment--Undisclosed income--Undisclosed income to be treated as part of total income--Depreciation deductible from such undisclosed income--Fenoplast Ltd. v. Asst. CIT (T & AP) . . . 761
S. 194C --Deduction of tax at source--Payment to sub-contractor--Contract for transportation of employees of client--Amount paid for hire of vehicles--No sub-contract--Tax not deductible at source on such amount-- CIT v. Mukesh Travels Co. (Guj) . . . 706
S. 234B --Settlement of cases--Application for settlement--Interest under sections 234B and 234C not chargeable beyond stage of section 245D(1)-- C. M. Smith and Sons v. Asst. CIT(Guj) . . . 701
S. 234C --Settlement of cases--Application for settlement--Interest under sections 234B and 234C not chargeable beyond stage of section 245D(1)-- C. M. Smith and Sons v. Asst. CIT(Guj) . . . 701
S. 245D --Settlement of cases--Application for settlement--Interest under sections 234B and 234C not chargeable beyond stage of section 245D(1)-- C. M. Smith and Sons v. Asst. CIT(Guj) . . . 701
R. 10C --International transactions--Arm’s length price--Determination--Jurisdiction of Transfer Pricing Officer and Assessing Officer--Distinct--Fees for services paid by assessee to associated enterprise--Order of Transfer Pricing Officer as regards arm’s length price binding on Assessing Officer--But Assessing Officer to decide whether work or services actually rendered and expenditure was for business purpose--Payment must be subjected to transfer pricing study--No inference that merely because reimbursement was at cost, it was at arm’s length--Reimbursement of costs--Basis for costs incurred, activities for which incurred, benefit accruing to assessee must be proved to determine whether, and how much, of expenditure was for purpose of benefit of assessee and whether that amount subjected to proper transfer pricing analysis-- CIT v. Cushman and Wakefield (India) Pvt. Ltd. (Delhi) . . . 730
R. 46A --Appeal to Commissioner (Appeals)--Powers of Commissioner (Appeals)--Power to admit additional evidence--Assessing Officer given opportunity to consider such evidence--Admission of additional evidence valid-- CIT v. Kamlaben Sureshchandra Bhatti (Guj) . . . 692
S. 8(3) --Interest-tax--Chargeable interest--Difference between finance and hire-purchase agreements--Finding that transaction was one of hire-purchase--Interest-tax cannot be levied-- CIT v. N. K. Leasing and Construction P. Ltd. (T & AP) . . . 720
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