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Special Bench verdict in Sec 40(a)(ia) TDS case of Merilyn Shipping considered as bad law

CLR Editorial Note: The assessee had incurred an expenditure of about Rs. 31 lakhs on freight but had not deducted TDS as per section 194C of the IT Act. The Assessing Officer hence held that there was a failure to deduct TDS, hence the expenditure could not be allowed as per deduction under section 40(a)(ia).… Read More

Tags: AppealCalcutta High CourtCITFull Case DocumentIncome taxKolkata

Absorbed losses incurred before initial assessment year as per Sec. 80 IA(5), need not be set off

CLR Editorial Note: The assessee, in this case, set up a Wind Mill unit and had commenced operations on in the Assessment Year 2007-08. In the said year, the assessee suffered a loss of Rs. 3.5 crores on account of depreciation and the interest which was set-off against the other income. In Assessment Year (AY) 2008-09, the… Read More

Tags: CITCommonwealth Law ReportsEducational assessmentFinance ActFull Case DocumentIncome taxMumbai

Share application money is not loan or advance

Ratio Decidendi: Money paid in advance for Share application cannot be treated as loan or advance or Deemed Dividend as under Section 2(22)(e) of the IT Act. CLR Editorial Note: The assessee was a beneficial shareholder of two companies named Kingston Properties P Ltd. (KPPL), New Dimensions Consultants P Ltd (NDCPL) & R. S. Estate Developers P Ltd… Read More

Tags: Advance paymentAllotmentsCITCommonwealth Law ReportsDividendFull Case DocumentGardensITAT MumbaiMumbaiOrder of Australia

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