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case laws learning Flashcards

1
Q

Asessee paid technical fee for knowhow/ technical info. Received - limited period - on termination of TCS, Joint Venture come to an end – its Capital Exps.

A

HONDA SIEL CARS INDIA LTD.

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2
Q

Main business is to acquire and letout property- MOA- PGBP-YES , HP-NO

A

CHENNAI PROPERTIES & INVESTMENT LTD/ RAYALA CORP. PVT LTD

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3
Q

Unsold flats of builder-letout- HP income (Amendment- Annual value shall be NIL for 2 year from the end of FY in which completion certificate recd.)

A

NEW DELHI HOTELS LTD

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4
Q

Waiver of Loan taken for P&M- Not taxable u/s 28 as well as 41(1)

A

MAHINDRA AND MAHINDRA LTD.

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5
Q

Interest on deposit of share application money- it can’t be taxable under IFOS- It can be set-off against share issue exps.

A

SREE RAMA MULTI TECH LTD.

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6
Q

Application for 3star category Hotel is made in current year- Certificate granted in next year- Dedn u/s 35AD allowed from current year only.

A

CEEBROS HOTELS PRIVATE LIMITED

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7
Q

Loan taken & advance to some third party without interest. If its due to commercial expediency then interest paid allowed as deduction.

A

REEBOK INDIA COMPANY

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8
Q

Instead of Subsidy, Govt allotted Bonds. Loss on sale of such Bonds allowed as Business Loss.

A

GUJARAT STATE FERTILIZERS AND CHEMICALS LIMITED

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9
Q

Construction of House-1 started in PY 10-11 and Completed in PY 16-17. House-2 sold in PY 15-16-LTCG- can assessee claim exemption u/s 54 on construction of House-1 – Yes as time limit is not given for commencement of construction, it is given only for completion of Construction i.e. 3 years after the date of transfer.

A

C ARYAMA SUNDARAM

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10
Q

“Freight, Insurance, telecommunication charges & exps. For providing technical service outside India – Excluded from Export T/o as well as
Total T/o.”

A

HCL TECHNOLOGIES LIMITED

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11
Q

Inland Container Depots – included in infrastructure facility- deduction allowed u/s 80-IA

A

CONTAINER CORPORATION OF INDIA LIMITED

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12
Q

Dividend Paid by Company Engaged in Tea growing and Mnf. Business.- Dividend is not treated as Agriculture income in hands of SH’s. DDT applicable u/s 115-O on whole dividend.

A

TATA TEA AND OTHERS

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13
Q

“Certain receipts by co-operative societies from its members (non-occupancy charges, transfer charges, common amenity fund charges) are EXEMPT
based on the doctrine of mutuality.”

A

VENKATESH PREMISES CO-OPERATIVE SOCIETY LTD.

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14
Q

“Search conducted in the premises of the Secretary General- He virtually ran the assessee-trust’s activities from the same
premises- Registration cancelled of Trust- Its Valid cancellation.”

A

U.P. DISTILLERS ASSOCIATION (UPDA)

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15
Q

“Amount retained by Advtg. Agent- Treated as commission to agent and TDS applicable u/s 194H. Here its Principal-Agent relationship
Exist.”

A

DIRECTOR, PRASAR BHARATI

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16
Q

“The assessee-company required tank trucks for road transportation of bulk petroleum products from
its various storage points to customers or other storage points. Entered into agreement- TDS
u/s 194C apply and not 194-I”

A

INDIAN OIL CORPORATION

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17
Q

Interest u/s 201(1A) applicable even TDS not deducted bona fide belief that tax was not deductible and the default was not willful.

A

SUN OUTSOURCING SOLUTIONS PRIVATE LIMITED

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18
Q

“Non-issuance of notice u/s 143(2) is not a curable defect under section 292BB inspite of
participation by the assessee in assessment proceedings.”

A

LAXMAN DAS KHANDELWAL

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19
Q

“Amalgamating Company S merged with Amalgamated Company M, intimated to IT
Authority- Now Notice issued to A’ing Co. after amalgamation – Notice is Invalid.”

A

MARUTI SUZUKI INDIA LTD.

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20
Q

It’s Mandatory for HC to formulate questions of law and on the basis of that only HC will pronounce Judgment.

A

A. A. ESTATE PVT. LTD.

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21
Q

“If the substantial expansion is carried out immediately, on the completion of first 5 years, the assessee would be entitled to deduction@100% of profits and gains again for the next 5 years. On the other hand, if substantial expansion is undertaken, say, in the 8th year, deduction would be 100% for the first 5 years, deduction at 25% for the next 2 years and at 100% again from the 8th year as this year becomes ““initial assessment year”” once again. This 100% deduction would be for
the remaining 3 years only, i.e., 8th, 9th and 10th assessment years.”

A

AARHAM SOFTRONICS

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22
Q

ITAT has the power u/s 254(1) to pass an order directing CIT to grant registration u/s 12AA

A

REHAM FOUNDATION

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23
Q

“ITAT dismiss an appeal, without deciding the case on its merits-solely on the ground that the assessee had not appeared on the appointed
date of hearing- ITAT has to decide the case on its merits.”

A

RITHA SABAPATHY

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24
Q

“assessee is unable to produce a copy of the order of approval of the Gratuity Scheme by the CIT after long gap of time- assessee had produced a copy of the agreement with LIC and the trustees of the gratuity scheme in the
course of original assessment- AO cannot invoke 147”

A

VALSAD DISTRICT CENTRAL CO-OPERATIVE BANK LTD.

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25
Q

TDS Not Deducted or Deducted but NOT PAID penalty u/s 271C attracted.

A

EUROTECH MARITIME ACADEMY PVT. LTD.

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26
Q

High Court have the inherent power to review its own order to correct a mistake apparent from the record

A

SUNIL VASUDEVA & OTHERS V. SUNDAR GUPTA & OTHERS

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27
Q

CG Exempt u/s 54EC – MAT also NOT applicable.

A

METAL AND CHROMIUM PLATER (P) LTD.

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28
Q

Foreign shipping company governed by sec 172 for levy & recovery of tax - is TDS u/s 195 required to be deducted on demurrage charged paid to be shipping company – no TDS u/s 195

A

V.S. DEMPO & CO. PVT LTD

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29
Q

Premium on subscribed share capital is included in capital employed or not - deduction u/s 35D – no its not included

A

BERGER PAINTS INDIA LTD.

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30
Q

Loan to HUF ( karta - shareholder in closely held co.) - deemed dividend applies? - yes, dispute on who is shareholder(HUF/KARTA) Yes 2(22)(e) apply

A

GOPAL & SONS (HUF)

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31
Q

Receipt of higher compensation - negotiation with collector - character won’t change for increase in compensation - remain as compulsory acquisition - exemption allowed u/s 10(37)(iii) under capital gain

A

BALAKRISHNAN

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32
Q

“148 issued – assessee filed return -notice u/s 143(2) omitted to issue for assessment u/s 143(3) read with section 147 - jurisdictional defect (not procedural defect)-292BB not apply
– assessment invalid”

A

TRAVANCORE DIAGNOSTICS (P) LTD.

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33
Q

Interest on enhanced compensation u/s 28 of land acquisition act - Cap. Gain/ IFOS ? - cap. Gain - on enhanced value of land

A

MOVALIYA BHIKHUBHAI BALABHAI

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34
Q

Whether AO bound to consider report of valuation officer? - yes - AO referred to V.O. – u/s 50C asst. Can’t be completed without conformity of V.O.

A

RAJIVBHAI NAGJIBHAI THESIA

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35
Q

Partnership firm (13 individuals & 2 firms) - partnership is relationship b/w persons - CIT(a) have power to change status of assessee ? – YES

A

MEGA TRENDS INC.

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36
Q

“Housing project - assessee did not deduct TDS

- does increase in GTI consequent to disallowance u/s 40(a)(ia)eligible for profit linked deduction - YES”

A

SUNIL VISHWAMBHARNATH TIWARI

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37
Q

Failure to supply machinery (capital asset) – compensation recd – capital nature

A

SAURASHTRA CEMENT LTD

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38
Q

Capital cont. by part. To firm- partner not able to explain source in his hand- Sec 68 can’t be invoke in hands of firm, can be in hands of partner

A

M. VENKATESWARA RAO

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39
Q

Software embedded in hardware - royalty?? - four condition- no royalty- its hardware only

A

ALCATEL LUCENT CANADA

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40
Q

CIT rejected grant of approval u/s 80G(5) -trust failed applying 85% of income for charitable purpose – CIT can’t reject application

A

SHREE GOVINDBHAI JETHALAL NATHAVANI CHARITABLE TRUST

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41
Q

Can unabsorbed depreciation of an eligible business (industrial undertaking) for deduction u/s 80-ia be set of against non-eligible business – yes it can

A

SWARNAGIRI WIRE INSULATIONS PVT LTD

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42
Q

“Slot charter - shipping co. - tonnage tax scheme

- deemed tonnage - sec 115VG4)”

A

TRANS ASIAN SHIPPING SERVICES (P) LTD.

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43
Q

Educational institution - incidentally makes profit – exemption u/s 10(23C)(iiiad) allowed

A

QUEEN’S EDUCATIONAL SOCIETY

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44
Q

Non-consideration of registration of a charitable trust within 6 months as required u/s 12AA – treated as deemed to be registered

A

SOCIETY FOR THE PROMOTION OF EDUCATION

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45
Q

Gold bar seized - assessee asks to sell them before completion of asst. U/s 153A – it can be sell after finalising liability

A

HEMANT KUMAR SINDHI & ANOTHER

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46
Q

Power to call information u/s 133(6) - whether any proceeding is pending or not- yes it can

A

KATHIROOR SERVICE CO-OPERATIVE BANK LTD.

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47
Q

Time-barred notice - death of assessee - delay in giving notice to legal heir

A

VIPIN WALIA

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48
Q

Tips received from customers through credit card – distributed to EE - tips are not part of salary – TDS u/s 192 not applicable

A

ITC LTD

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49
Q

Interest on FD in name of registrar general of HC – no TDS u/s 194A

A

UCO BANK

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50
Q

Distributor/stockist - provided incentives for increase in volume of sales(sales promotion) - TDS not attracted

A

INTERVET INDIA PVT. LTD.

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51
Q

Landing/parking charges paid by airline co. - is a contract (not rent) - hence deduct TDS u/s 194C and not u/s 194-I

A

JAPAN AIRLINES CO. / SINGAPORE AIRLINES LTD.

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52
Q

Stock exchange provide to brokers a software & charge for same - is it technical fee & liable to TDS u/s 194J – no its not technical fess – no TDS u/s 194J

A

KOTAK SECURITIES LTD

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53
Q

“Lease hold land - made shop/stall - sub-letting

- unable to produce sufficient proof. Of business – taxable under ifhp”

A

RAJ DADARKAR & ASSOCIATES

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54
Q

“Amount paid by Indian agents to NR(cargo) co.

- centralised communication system - is it technical fee? – no its not.”

A

A.P. MOLLER MAERSK (INTERNATIONAL TAXATION)

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55
Q

Deadline stipulated by ITSC for payment of sum due - not paid within given time - paid before hearing of SC - immunity will remain

A

SANDEEP SINGH

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56
Q

Eligible rate of depreciation on computer accessories & peripherals – 40%

A

BSES YAMUNA POWERS LTD

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57
Q

Acquired business contracts/information as part of slump sale - described as goodwill - eligible for depreciation

A

AREVA T & D INDIA LTD

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58
Q

Is depreciation allowed on value of goodwill considering it as an asset u/s 32(1)- yes

A

SMIFS SECURITIES LTD

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59
Q

Epabx & mobile phones entitled dep @ 15% and not 40%

A

FEDERAL BANK LTD

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60
Q

Beneficial ownership suffice for claim depreciation

A

SMT. SIVAKAMI & ANOTHER

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61
Q

Employees contribution to PF & ESI - deposit it before the due date of the fund(not due date of Roi)

A

GUJRAT STATE ROAD TRANSPORT CORPORATION

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62
Q

Expenditure on glow-sign boards displayed at retail outlets – revenue expenditure

A

ORIENT CERAMICS & INDUSTRIES LTD

63
Q

Expenditure on issue & collection of convertible debentures – revenue exps

A

ITC HOTELS LTD

64
Q

Expenditure on alteration of Dam(own by govt.) To ensure supply of water for a smelter plant owned by assessee – revenue exps

A

HINDUSTAN ZINC LTD

65
Q

“Expenditure by co. On higher studies of director’s son - contention that son appointed as trainee under a scheme - no proof of such
scheme – not allowed”

A

ECHJAY FORGINGS LTD

66
Q

Heart surgery of lawyer- personal exps- not allowed

A

SHANTI BHUSHAN

67
Q

Payment to police & gundas - cinema theatre - keep away other gundas – deduction not allowed

A

NEELAVATHI & OTHERS

68
Q

Construction co. Paid regularization fee for violating building bye-laws – not allowed

A

MILLENIA DEVEOPERS PVT LTD

69
Q

“Partner’s remuneration paid as per deed - amount paid is within statutory limits - can it be considered unresonable & excessive for
disallowance u/s 40(2)- no”

A

GREAT CITY MANUFACTURING CO.

70
Q

Tumlo yaad hoga

A

MANJULA J SHAH

71
Q

Residential building reconstructed (with extra floors) - sec 54/54F available

A

GITA DUGGAL

72
Q

“New agriculture land is owned by co-owners

(assessee & his son) as per sale deed - exemption u/s 54B available”

A

GURNAM SINGH

73
Q

Purchased 2 flats - common meeting point(modified) to make it a single unit- exemption available

A

SYED ALI ADIL

74
Q

“Cap. Gain on t/f of depreciable asset - held for

>36 months - exemption u/s 54F/EC”

A

RAJIV SHUKLA / DEMPO CO. LTD.

75
Q

New residential house owned by assessee in the name of his wife - exemption u/s 54F available

A

KAMAL WAHAL

76
Q

House property purchased & registered in joint names - one of the co-owner paid whole purchase consideration - exemption u/s 54F be not be restricted to his share & full allowed

A

RAVINDER KUMAR ARORA

77
Q

Construction did not complete within 3 years from date of transfer - finishing work left - exemption u/s 54F -yes

A

SAMBANDAM UDAYKUMAR

78
Q

“Property sold for amount less than SDV - reinvt. In resi. Property (together with other
income) - sec 54F till NC”

A

GOULI MAHADEVAPPA

79
Q

“Bonds issued after 6 months from date of transfer - payment was made within 6 months
– exemption available”

A

HINDUSTAN UNILEVER LTD

80
Q

Tests for determining “substantial part of business” of lending co. For exclusion of sec 2(22) – Q of facts

A

PARLE PLASTICS LTD

81
Q

Repair & renovation of building - owner shareholder – no deemed dividend

A

VIR VIKRAM VAID

82
Q

“Loan/advance given to shareholder by co. In return of an advantage conferred on co. By
shareholder- no deemed dividend”

A

PRADIP KUMAR MALHOTRA

83
Q

Financial transactions entered in normal course of business – no deemed dividend

A

AMBASSADOR TRAVELS PVT LTD

84
Q

Winning of prize money on unsold lottery tickets by the distributor – taxable @30% u/s 115BB

A

MANJOO & CO

85
Q

Loss suffered by erstwhile partnership firm - firm dissolved into sole-proprietorship - can loss suffered by the firm be c/f for set off by the individual partner-no

A

PRAMOD MITTAL

86
Q

“Industrial undertaking (eligible business) -duty

drawback/DEPB- not treated as profit to be eligible for deduction u/s 80-IB”

A

ORCHEV PHARMA PVT LTD

87
Q

Transport/interest/power subsidy received from govt. - deduction u/s 80IB : yes revenue receipts

A

MEGHALAYA STEELS LTD.

88
Q

Exemption u/s 80-IB - commence for which year (trial production or commercial production) – any product sale- deduction from that year

A

“NESTOR PHARMACEUTICALS LTD
/SIDWAL
REFRIGERATIONS IND LTD”

89
Q

Assessee did not claim deduction u/s 80-IB in initial years - all conditions are fulfilled - can he claim deduction for remaining eligible years – yes

A

PRAVEEN SONI

90
Q

3 brothers – inherited land compulsorily acquired by sg - resulting cap. Gain - assessed in which status (AOP/ individual)- individual only

A

GOVINDBHAI MAMAIYA

91
Q

Assessee received ancestral property after death of his father - father received property as share when he went of joint family - it is HUF property/individual property - HUF property

A

D.L. NANDAGOPALA REDDY

92
Q

Rental income from plinths inherited by individual co-owners from their ancestors - which head-IFOS. Status – individually

A

SUDHIR NAGPAL

93
Q

“Interest earned on surplus funds of a club - investment made in form of fixed deposit with institutional member - does it satisfy principle
of mutuality – no – no exemption”

A

MADRAS GYMKHANA CLUB

94
Q

“Transfer fees received by co-operative housing society from its incoming & outgoing members
- is it exempt on grounds of mutuality- its not
taxable”

A

SIND CO-OP. HOUSING SOCIETY (N16)

95
Q

Are NR match referees & umpires “sportsmen” & taxable u/s 115BBA ? No – 194E not applicable, 195 apply

A

INDCOM

96
Q

Partnership deed does not specify the amount payable as remuneration to partners - deed lays down manner of fixing remuneration – firm can claim deduction

A

ANIL HARDWARE STORE

97
Q

“Interest u/s 234B & 234C shall be levied/payable on failure of company to pay advance tax, in respect of tax payable u/s
115JB.”

A

ROLTA INDIA LTD

98
Q

LTCG exempted u/s 54EC cannot be excluded to computation of book profits u/s 115JB.

A

N.J. JOSE & CO. PVT LTD

99
Q

No charitable activity commenced after registration been granted u/s 12A within short spam of time, application cannot be denied.

A

MEENAKSHI AMMA ENDOWMENT TRUST

100
Q

Property bequeathed (donated) to trust - no transfer due to court litigation - trusties made advance - violation of sec. 11(5)- no violation of section 11(5)

A

KHETRI TRUST

101
Q

Is approval of court mandatory for amendment in trust deed - deed gives power to trustee- no approval required

A

RAMOJI FOUNDATION

102
Q

“Imparting higher & specialized education (communication/advertisement) – awarding diplomas/ certificates - moa said fees collected shall not exceed cost of training/hostel exp,
etc.- exemption allowed u/s 10(23C)”

A

ST. PETER’S EDUCATIONAL SOCIETY

103
Q

“Granting reasonable opportunity of being

heard u/s 127(1) is mandatory in nature - in this section, ““may”” should be read as ““shall””.”

A

SAHARA HOSPITALITY LTD

104
Q

CBDT has the power u/s 119(2)(b) to condone the delay in filling of loss return due to genuine reasons.

A

LODHI PROPERTY CO. LTD

105
Q

Unabsorbed depreciation can be c/f in case the ROI filed after due date - sec 80 & 139(3)

A

GOVIND NAGAR SUGAR LTD

106
Q

Filing of statement of income to revise his income is of no value - assessee can make a fresh claim before AO or file revised ROI u/s 139(5)

A

ORRISA RURAL HOUSING DEVT CORP LTD

107
Q

Person having income is not required to furnish pan to deductor - specific provision 139A (Sec 206AA not applicable to such person)

A

SMT. A. KOWSALYA BAI

108
Q

Ao cannot re-open assessement merely on change of opinion.

A

AVENTIS PHARMA LTD

109
Q

Ao cannot re-open assessement merely on change of opinion

A

ICICI SECURITIES PRIMARY DEALERSHIP LTD

110
Q

“Difference found in cash & stock on survey u/s

133A - satisfactorily answered for such difference – not a reason to believe for 148”

A

HEMANT TRADERS

111
Q

“Ao issued notice u/s 148 for reason that PBDD is provision for unascertained liability - subsequent amendment in law with retrospective effect - is reassessment notice on a different ground before the amendment
valid?? : no its not valid”

A

GODREJ INDUSTRIES LTD

112
Q

Ao reassess proceedings u/s 147 where “original reason to believe” ceases to exist - ao’s reason is invalid - fresh notice u/s 148 needed

A

RANBAXY LABORATORIES LTD.

113
Q

(Contradictory to ranbaxy) - no fresh notice u/s 148 required even if the reason of AO is invalid.

A

MEHAK FINVEST PVT. LTD., GOVIND RAJU

114
Q

Sec 150 override time limitation specified u/s 149 - AO can issue notice re-open u/s 148 for re-opening of assessement even after 6 years’ time limit

A

PP ENGINEERING WORK

115
Q

Initiation of reassessment beyond 4 years is not adequate unless there is failure on part of assessee to disclose complete facts

A

ALLANASONS LTD

116
Q

“2 conditions must be satisfied for issue of notice u/s 148 after a period of 4 years (income escapement & non-disclosure of necessary material facts for assessment) – subsequent decision of HC by it self is not adequate for reopening of assessment completed u/s 143(3) unless there is failure on part of assessee to
disclose facts.”

A

AMARNATH AGARWAL

117
Q

In case of change of incumbent of an office, successor AO cannot initiate reassessment proceedings for change in opinion from previous AO who frame original assessment

A

H. K. BUILDCON LTD

118
Q

Doctrine of merger - whether time limit of 4 years u/s 154(7) would apply from date of original assessment order or appellate authority?? - after merger, original authority’s order ceases to exists and order of appellate authority prevails. So time from order of appellate authority.

A

TONY ELECTRONICS LTD

119
Q

Non-mention/non-discussion of enquiry made by AO - sec 263(revision) – CIT cannot invoke section 263

A

KRISHNA CAPBOX (P) LTD.

120
Q

“Can CIT invoke revisionary jurisdiction u/s 263 when case decided by CIT(A) & pending before tribunal. No, issues subject to appeal –
263 not applicable”

A

FORTALEZA DEVELOPERS

121
Q

”"”Write petition”” - assessee objecting to reassessment notice u/s 148 - can he directly approach to HC in normal course contending reassessment proceedings to be unjustified & illegal- first he should file return to AO, AO does not provide opportunity then can make
and appeal to HC.”

A

SAMSUNG INDIA ELECTRONICS P LTD

122
Q

“Asst. Order u/s 143(3) - re-asst. U/s 147 - revision u/s 263 - for deduction u/s 36(1)(vii)/(viia)- revision time limit from order
u/s 143(3) and not from 147”

A

“LARK CHEMICALS LTD.

ICICI BANK LTD.”

123
Q

“Original assessment order u/s 143(3) was modified to give effect to revision order u/s 264
- can it be subject to revision u/s 263?? No it
cannot”

A

NEW MANGALORE PORT TRUST

124
Q

ITAT does not have the power to review/reappreciate its earlier order u/s 254(2)

A

EARNEST EXPORTS LTD

125
Q

If there is a mistake apparent from record, ITAT can exercise power of rectification u/s 254(2) to recall its order in entirety.

A

LACHMAN DASS BHATIA HINGWALA P LTD

126
Q

Hc’s inherent power to review earlier order passed

A

MEGHALAYA STEELS LTD.

127
Q

“ITAT order - advocate attended & gave submission - HC order is not ex-parte order -
can HC recall order- no HC cannot”

A

SUBRATA ROY

128
Q

“Expense towards security not claimed in original return - revised return - AO asked for evidence - no evidence since paid in cash - AO wanted but did not taxed the assessee u/s 69C
- CIT revised u/s 263 - valid notice/revision
since AO was ignorant”

A

AMITABH BACHCHAN

129
Q

“Penalty u/s 271D for accepting/taking deposits/loans received from partners –
reasonable cause for not levying penalty.”

A

MUTHOOT FINANCIERS

130
Q

No penalty is attracted on loan advanced by partnership firm to its partner’s sole proprietorship concern of specified unit is exceeded - no violation of sec – 269SS

A

V. SIVAKUMAR

131
Q

“As per sec-273B, no penalty u/s 271E can be imposed on assessee where he repays a loan merely by-passing adjustment entries in its
books”

A

TRIUMPH INTERNATIONAL FINANCE (I.) LTD

132
Q

“Failure to furnish return in time - delay not wilful - is prosecution proceedings u/s 276CC
attracted- no”

A

BHAVECHA MACHINERY & OTHERS

133
Q

Ao has no jurisdiction to suo-moto declare sale of property as void u/s 281. - AO required to file a suit.

A

DR. MANOJ KABRA

134
Q

Winning in kind - unable to ensure whether TDS deducted or not - winnings released- 201 proceeding cannot be initiated.

A

HINDUSTAN LEVER LTD.

135
Q

“Transmission and wheeling charges : TDS u/s 194J
SLDC (state load dispatch centre (sldc) charges)
: no TDS u/s 194C/J”

A

AJMER VIDYUT VITRAN NIGAM LTD

136
Q

Stamps purchased in bulk quantity (at discount) - sells at normal price - this is discount (not comm./brokerage)

A

AHMEDABAD STAMP VENDORS ASSOCIATION

137
Q

“Supply of sim cards/prepaid card (recharge coupon) to franchisee - deduct TDS (indirect
commission in form of discount)”

A

BHARATI CELLULAR LTD.

138
Q

“Difference b/w published price & minimum fixed price - additional special commission of agents??
Tds attracted? - no TDS as impracticable &
unreasonable to get feedback of each tickets sold.”

A

QATAR AIRWAYS

139
Q

“Payment for use of passive infrastructure facility such as mobile towers – TDS u/s (194C/194I) ? - dominant intention is use of
equipment or p & machinery so TDS u/s 194-I”

A

INDUS TOWERS LTD

140
Q

Threshold limit of rs180000 u/s 194-I has to be seen separately for each co-owner

A

SENIOR MANAGER, SBI

141
Q

“Assessee (engaged in transportation of building material & to contractors for hiring dumpers) - tds u/s (194C/194-I)?? - assessee contracted for transportation of goods & not taken machinery & equipment on rent – tds u/s 194-
C”

A

SHREE MAHALAXMI TRANSPORT CO.

142
Q

“Doctors come for fixed time - payment/remuneration made on patient basis
- is a contract for service tds
u/s 194J”

A

MANIPAL HEALTH SYSTEMS (P) LTD.

143
Q

No tds u/s 195 for payment made to overseas agent, who did not perform any service in india

A

“WIZCRAFT INTERNATIONAL ENTERTAINMENT PVT

LTD”

144
Q

“Finished products (scrap & waste) from shipbreaking activities – assessee sold it & purchaser started using it as it is - is this scrap
& charged to TCS – no its not scrap”

A

PRIYA BLUE INDUSTRIES PVT LTD

145
Q

“Levy of interest u/s 234B is automatic even when order does not contain any specific direction for payment of interest - itns 150 - provision of sec 234B are attracted the moment assessee fail to pay advance tax or paid less
than 90% of the assessed tax”

A

BHAGAT CONSTRUCTION CO. PVT LTD

146
Q

Sec. 40(a)(ia)-tds- applicable on paid/payable both.

A

PALAM GAS SERVICE

147
Q

Assessee claims expenditure on advertisement & public issue as revenue expenditure - adjustment u/s 143(1)(a) and disallowed different judgement exists for the same issue - apply the hc judgment of the concerned state – ao can change u/s 143(1)

A

RAGHUVIR SYNTHETICS LTD.

148
Q

Payment made to NR- Not taxable in hands of NR-No need to deduct TDS- No disallowed u/s 40(a)(i).

A

MARUTI SUZUKI INDIA LIMITED

149
Q

“Inherited Property- Exps. Incurred for perfection of title- Treated as COA. Same as
R.M. Arunachalam”

A

ADITYA KUMAR JAJODIA

150
Q

“Interest to NOIDA (New Okhla Industrial Development Authority) is a Corporation established by or under the Uttar Pradesh Industrial Area Development Act, 1976 – its Corporation under State Act so No need to
deduct TDS u/s 194A.”

A

CANARA BANK

151
Q

CBDT has the power to amend legislative provisions through a Circular - NO-

A

SV GOPALA AND OTHERS

152
Q

“Notice u/s 148 has been issued erroneously in the name of the erstwhile company which has now been converted
into an LLP - LLP is required to appear before the AO- Notice is Valid.”

A

SKY LIGHT HOSPITALITY LLP

153
Q

Delay in filing an appeal before HC 439 days- rectification application pending before ITAT- Delay cannot be Condon by HC

A

SPINACOM INDIA (P.) LTD.

direct tax (2 decks)

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