*ITR'S TRIBUNAL TAX REPORTS (ITR (Trib)) HIGHLIGHTS **ISSUE DATED 21-6-2010*
* ***

*Volume 3 : Part 8***

* *

* *

*REPORTS*


>> Tribunal has power to admit additional claim made by assessee when all
facts brought on record at earlier stage : *Franco-Indian Pharmaceuticals P.
Ltd. v. ITO (Mumbai) p. 754*



>> Where specific finding regarding enquiry in assessment order, revision
for failure to conduct enquiry not proper :* Vijay Kumar Megotia v. CIT
(Patna) p. 760*



>> Assessee not entitled to deduction in respect of commission earned on
transport contract : *Muzaffar Nagar District Co-operative Development
Federation Ltd. v. Asst. CIT (Delhi) p.763*



>> Single payment to labourers through representative not exceeding
prescribed limit ; assessee not liable to effect TDS u/s. 194C : *Dy. CIT v.
Laxmi Protein Products P. Ltd. (Ahd.) p. 768*



>> Assessee-company entitled to set-off of carry forward business loss when
shareholding of assessee clubbed with group company exceeding 51 per cent.
of voting power : *Amco Power Systems Ltd. v. ITO (Bangalore) p. 775*



>> Payment of lump sum consideration for acquiring technical know-how
deductible u/s. 35AB : *Amco Power Systems Ltd. v. ITO (Bangalore) p. 775*



>> Penalty proceedings different from assessment proceedings : Necessary
information furnished by assessee : Penalty deleted : *Dabwali Transport
Company v. Asst. CIT (Chandigarh) p. 785 *



>> Debts written off as bad debts allowable u/s. 36(1)(vii) : *Asst. CIT v.
Rabo India Finance Pvt. Ltd. (Mumbai) p. 793*



>> Assessee providing long-term financing and entities notified under
provisions of s. 10(23G) entitled to exemption : *Asst. CIT v. Rabo India
Finance Pvt. Ltd. (Mumbai) p. 793*



>> No evidence that under agreement for logistics services technical
knowledge, experience and skills made available ; payments not "fees for
technical services" and assessee not liable to effect TDS u/s. 195: *Sun
Microsystems India P. Ltd. v. ITO (Bangalore) p. 808 *



>> Where assessee not claiming expenditure in its accounts, s. 69C cannot be
invoked : *Asst. CIT v. Abhishek Exports (Ahd.) p. 823*



>>


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