**

*INCOME TAX REPORTS (ITR) HIGHLIGHTS***

*ISSUE DATED 4-1-2010** *

*Volume 320 : Part 1** *

* *

* *

*SUPREME COURT JUDGMENTS** ***


*>>*CBDT circular avoiding harassment in the course of enquiry/search of the
air-passengers by the Air Intelligence Units/Investigation Units of the
Income-tax Department :* **Rajendran Chingaravelu v. R. K. Mishra, Addl. CIT
p. 1*

*>>*Sawing marble blocks into slabs and tiles and polishing entitled to
deduction u/s 80-IA(2)(iii) :* ITO v. Arihant Tiles and Marbles P. Ltd. p.
79*

*HIGH COURT JUDGMENTS** ***


*>>*Tribunal not justified in reviewing its order : *Express Newspapers Ltd.
v. Deputy CIT (Mad) p. 12*

*>>*Exemption u/s 10(26) available to member migrating from his place of
origin in one of areas specified in section 10(26) to another area also
specified therein : *Pradip Kr. Taye v. Union of India (Gauhati) [FB] p. 29*

*>>*High Court not interfering with notice for reassessment but granting one
week time to assessee to file explanation before AO : *Mavis Satcom Ltd. v.
Deputy CIT (Mad) p. 46*

*>>*Proceeding invoking provisions u/s 179 against director justified where
concurrent finding that due amount could not be recovered from company : *Alex
Cherian v. CIT (Ker) p. 49*

*>>*Order of Tribunal directing assessment not be at figure higher than that
determined by AO u/s 144 not sustainable : *CIT v. H. P. State Forest
Corporation Ltd. (HP) p. 54*

*>>*Tribunal not justified in remanding matter to Commissioner (Appeals)
where Commissioner (Appeals) ascribing reasons and dislodging order of AO on
merits : *Rajesh Maheshwari v. Asst. CIT (MP) p. 58*

*>>*Actual cost to assessee to be treated as WDV for purposes of
depreciation : *CIT v. Hybrid Rice International P. Ltd. (Delhi) p. 63*

*>>*Tribunal to consider claim of accumulated agricultural income on basis
of books of account of assessee and documents and certificates filed by
assessee : *Swapna Rani Sarkar v. CIT (Gauhati) p. 70*

*>>*Interest on interest payable only where refund is made without interest
and there is delay in payment of interest : *Motor and General Finance Ltd.
v. CIT (Delhi) p. 88*

*>>*S 40A(3) does not apply unless any one payment is above Rs. 2,500 : *CIT
v. Ashok Iron and Steel Rolling Mills (All) p. 101*

*>>*Provision for presumptive tax applicable where processes starting with
soil testing and evaluation of available data, assessment of risk involved
and certification as to whether rig could be moved from one site to another
: *Director of I. T. v. Jindal Drilling and Industries Ltd. (Delhi) p. 104*

*>>*Notice for reassessment valid where reasons given by AO not influenced
by superior officer : *Jagjit Pal Singh Anand v. CIT (Delhi) p. 106*

*>>*Reassessment on basis of order of DVO not valid where assessment order
passed on 4-12-1990 : *CIT v. Leather Trends (P) Ltd. (All) p. 114*

*>>*Court will not interfere where deletion of additions for suppressed
sales based on cogent reasons : *CIT v. Mascot (India) Tools and Forgings
(P) Ltd. (All) p. 116*

*AUTHORITY FOR ADVANCE RULINGS** ***


*>>*Amount paid to Institute of University of Texas not taxable in India
where activities of institute not technical services : *Federation of Indian
Chambers of Commerce and Industry, In re p. 124*

*STATUTES** ***


*>>*Notified scientific research association u/s 35(1)(ii) *p. 15*

*>>*Officers nominated as members of DRP *p. 15*

*>>*Specified association/territory u/s 90A, Expln. 2(a) and (b) *p. 14*

*>>*Valuation of perquisites : Rule 3 substituted *p. 1*




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