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Discussion < Students < Direct Tax : Recent Case Laws Part 4
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students zone,CA Students
CA Adarsh Agrawal


[ Scorecard :2927 ]

CIT v.Earnest Export Ltd 2010 (Bom)

 
Tribunal's power u/s254(2) is limited to rectification of a mistake apparent on record.Tribunal cannot change its own view by substituting a view which it believes shud hv been taken in first instance.
In this case,Tribunal u/s254(2) virtually reconsidered the entire matter and come to a different conclusion.This amounted to reappreciation of correctness of earlier decision which is beyond the scope of power u/s254(2)








CA Adarsh Agrawal


[ Scorecard :2927 ]

Deepak Kumar Garg v.CIT 2010 (MP)

 
Power to review is not an inherent power&must b conferred by law specifically.Under provision of Sec260A(7),Power of re-admission/restoration of appeal is always with High Court However,such power2restore appeal cant b treated2b power to review the earlier order passed on merits

CA Adarsh Agrawal


[ Scorecard :2927 ]

CIT v.Reliance Petro Product Pvt. Ltd. 2010 (SC)

V.Imp.Case
CIT v.Reliance Petro Product Pvt Ltd 2010 (SC)
CIT v.Vijay Kumar Jain2010 (Chhattisgarh)
Penalty u/s271(1)(c)can b levied only wen there is CONCEALMENT of particulars of income/furnishing INACCURATE or FALSE particulars of income
e.g.1.Making an incorrect claim(i.e. which has been disallowed)wud not,by itself,tantamount to furnishing inaccurate particulars.
2.Levy of penalty u/s271(1)(c)on the basis of addition made on a/c of application of highr rate of NP by applying Sec145,consequent2rejection of books

CA Adarsh Agrawal


[ Scorecard :2927 ]

UOI v.Bhavecha machinery & Others 2010 (MP)

 
Prosecution Proceeding u/s276CC can b attracted only where there is clear, cogent & reliable evidence that failure to file return in time was WILLFUL & there shud b no possible doubt of its being WILLFUL. The failure must be INTENTIONAL, DELIBERATE, CALCULATED & CONSCIOUS with COMPLETE KNOWLEDGE of LEGAL CONSEQUENCES.



CA Adarsh Agrawal


[ Scorecard :2927 ]

CIT v.Bharti Cellular Ltd 2009 (Del.)

194J & 9(1)(vii):
Sec194J would not attract on pmt to MTNL/other Co. for services provided through Interconnect / Port Access etc bcoz such services DIDNOT involve any HUMAN INTERFACE & so it cud not b regarded as Technical Services u/s194J.

CA Adarsh Agrawal


[ Scorecard :2927 ]

CIT v.Japan Airlines Co.Ltd 2010 (Del.)

 
TDS u/s194-I wil attract on pmt of Landing & Parking Charges to Airport Authority of India. becoz Rent defined u/s194-I has wider meaning& includes use of land. Court says:when the wheels of aircraft touches the surface of airfield,USE of LAND immediately begins.Parking the aircraft is also use of Land.

CA Adarsh Agrawal


[ Scorecard :2927 ]

East India Hotels Ltd v. CBDT 2010 (Bomb.)

 
Services rendered by Hotel to its customer e.g.House Keeping,Bank Counter,beauty saloon,car rental,health club etc would not amounts to CARRY OUT ANY WORK to attract 194C.Work in this sec has 2b understood in LIMITED SENSE & wud extend only to service contracts specially included in clause(iv) of Explntn to194C(7)

CA Adarsh Agrawal


[ Scorecard :2927 ]

CIT v. Assam Mineral Dev.Co. Ltd 2010 (Gau.)

 
Intt u/s234B & 234C is mandatory in nature.So,it can b levied on the basis of intt calculation gvn in Computation Sheet(in Form Prescribed,Signed,initialed) annexed to Assessment Order, eventhough direction to charge such intt is not mentioned in the Assessment Order

CA Adarsh Agrawal


[ Scorecard :2927 ]

CIT v.Emilio Ruiz Berdejo 2010 (Bomb.)

 

Employee is not liable to pay intt u/s 234A, 234B, 234C where the employer has failed to TDS, but has later paid such tax with intt u/s 201(1A)


CA Adarsh Agrawal


[ Scorecard :2927 ]

GE India Tech Centre Pvt Ltd v.CIT & another 2010 (SC)

 
The expression "CHAREABLE UNDER PROVISION of ACT" in Sec195(1) shows that remittance has got 2b a TRADING RECEIPT, THE WHOLE OF PART OF WHICH IS LIABLE TO TAX IN INDIA.
If no tax liability, then no question of TDS.

CA Adarsh Agrawal


[ Scorecard :2927 ]

CIT v. Director,Prasar Bharti 2010(SC)

 
TDS Provision of Sec194H wud get attracted on retention of a %age(eg 15%commision)of advertising charges collected frm customers by advertising agencies for pymnt2 Doordarshan 4telecast advertisements.Wen agent pays 85%of Ad charges,he is free2appropriate as his income

CA Adarsh Agrawal


[ Scorecard :2927 ]

Kanchanganga Sea Foods Ltd v. CIT & ITO 2010 (SC)

 
TDS Provision of Sec195 will b attracted in case of Payment(either in money or IN KIND)of Charter fee to NON-Resident(NR) for chartering fishing vessels,by way of percentage of fish catch done outside territorial water of India but brought to an Indian Port for verification&valuation b4 dispatch of same to NR

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