ITR'S TRIBUNAL TAX REPORTS (ITR (Trib)) HIGHLIGHTS


  ISSUE DATED 8-3-2010
 Volume 2 : Part 1


 REPORTS <?ui=2&view=bsp&ver=1qygpcgurkovy#12727cafc8246600_1018623>
STATUTES
JOURNAL
NEWS BRIEFS


  REPORTS

*F* Business expenditure : Deduction under section 36(1)(viia) to be
computed at the rate of 5 % of total income before making any deduction
under section 36(1)(viia) and Chap. VI-A : *Tourism Finance Corp. of India
Ltd. v. Jt. CIT (Delhi) p.1** *
 *F* Receipts on account of dividends and profits on sale of investment are
not income from long-term finance : Not allowable : *Tourism Finance Corp.
of India Ltd. v. Jt. CIT (Delhi) p.1 *
 *F* Bad debts : Deduction to be allowed after reducing credit balance
: *Tourism
Finance Corp. of India Ltd. v. Jt. CIT (Delhi) p.1 *
 *F* Collection of corpus donations essential for pursuing charitable
activities, delay to be condoned and registration to be granted from date of
inception :* Kadayanallur Cholia Brahmana Mahajana Trust v. ITO (Chennai)
p.14 *
 *F* Payments made by assessee under SEBI Regularisation Scheme, 2002,
cannot for purpose of disallowance under *Expln.* be treated as penalty
under section 37 : *Kaira Can Co. Ltd. v. DCIT (Mumbai) p. 20 *
 *F* Expenses incurred for utilising services of sister concern for all its
operational activities not shown as excessive : Allowable : *Asst. CIT v.
KIN Ship Services (I) P. Ltd. (Coch) p. 29*
 *F* Payments made to non-resident companies towards charter hire charges
for transporting merchandise from foreign port to another foreign port,
allowable : *Asst. CIT v. KIN Ship Services (I) P. Ltd. (Coch) p. 29*
 *F* Expenses on speed money paid to dock labour, inherent to nature of
business carried on by assessee, allowable under section 37 : *Asst. CIT v.
KIN Ship Services (I) P. Ltd. (Coch) p. 29*
 *F* Where element of proft not involved, TDS not required : *Cairn Energy
India Pty. Ltd. v. Asst. CIT (Chennai) p. 38*
 *F* Section 40(a)(i) could not be invoked where the income to be computed
under section 42, assessee entitled to deduction in respect of payment made
to its parent company : *Cairn Energy India Pty. Ltd. v. Asst. CIT (Chennai)
p. 38*
 *F* Where entire amount declared by assessee as income, addition as
capitation fees not justified : *SSRD Somany Sikshan Sansthan v. Asst. CIT
(Delhi) p. 55 *
 *F* Commissioner (Appeals) deleting addition based on statement of eleven
employees stating receipt of full salary as debited by assessee in its
books, proper : *SSRD Somany Sikshan Sansthan v. Asst. CIT (Delhi) p. 55 *
 *F* Losses of unit of assessee not eligible under section 10A not to be set
off against profits of eligible undertaking : *Scientific Atlanta India
Technology P. Ltd. v. Asst. CIT (Chennai) [SB] p.66*



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