Gauhati Greater Sewa Nidhi Trust [2015] 58 taxmann.com 145 (Guwahati - Trib.)
Sunday 21 June 2015
Where deduction under section 10A was denied on ground that assessee-firm was formed by splitting up of an existing business, but nothing was there on record to suggest that business of assessee-firm was carried on by other entity including partners in individual capacity and subsequently business of said entity was split or there was a reconstruction, it could not be said that assessee had violated any of conditions of clause (ii) or (iii) in section 10A(2)
APS Technologies [2015] 58 taxmann.com 104 (Pune - Trib.)
Section 15C of the Indian Income-tax Act, 1922 [corresponding to section 80J of the Income-tax Act, 1961] - Deductions - Profits & gains of newly established industrial undertakings - Whether assessee was entitled to deduction under section 15C on profits and gains derived from an industrial undertaking established in a building taken on lease which was used previously for other business - Held, yes
Bajaj Tempo Ltd [1992] 62 TAXMAN 480 (SC)
Section 9 of the Income-tax Act, 1961 read with article 5 of Model OECD convention - Income - Deemed to accrue or arise in India (Permanent establishment) - Assessment years 2008-09 to 2012-13 - Assessee-company was established as Liason Office (LO) in India for Tesco, Hongkong - It acted as a communication channel between Tesco, Hongkong and manufacturers in sourcing apparels from India - During assessment proceedings, Assessing Officer opined that activities of LO were not confined to activities related to purchase of goods in India for purpose of exports rather said activities of LO related to supply chain management for Tesco, Hong Kong - Assessing Officer, thus concluded that activities of the LO were not confined in exception provided in Explanation 1(b) to section 9(1)(i) - He accordingly passed assessment order determining assessee's taxable income in India - It was noted that Co-ordinate Bench of Tribunal in assessee's own case relating to earlier assessment years held that there was no evidence on record to suggest that LO had indulged in carrying on commercial activities and that it was in fact, a 'permanent establishment' of Tesco, Hong kong in India - It was thus concluded that Explanation 1(b) to section 9(1)(i) was clearly applicable to assessee's case - Whether following aforesaid order of co-ordinate Bench of Tribunal, impugned addition made by Assessing Officer for assessment years in question was also liable to be deleted - Held, yes [Para 5.3-3] [In favour of assessee]
Tesco International Sourcing Ltd [2015] 58 taxmann.com 133 (Bangalore - Trib.)
Section 10B of the Income-tax Act, 1961 - Export oriented undertaking - Assessment year 2006-07 - Whether proviso to section 10B(1) is directory and not mandatory - Held, yes - Whether, therefore, in case of genuine hardship, relief can be granted to assessee under section 10B even if return is not furnished on or before due date specified under sub-section (1) of section 139 - Held, yes
Dhir Global Industria (P.) Ltd [2011] 43 SOT 640 (Delhi)
Section 80-IC of the Income-tax Act, 1961 - Deductions - Special provisions in respect of certain undertakings or enterprises in certain special category States - Assessment year 2008-09 - Assessee claimed deduction under section 80-IC which was disallowed by Assessing Officer as return of assessee was not filed within time as prescribed under section 139(1) - Assessee had given reasons for delay of 74 days submitting that computer in which accounts were maintained got corrupted due to virus; that back up data were available only for 10 months and entire data for last two months had to be re-entered - Whether there was a reasonable cause for filing return of income belatedly and this was beyond control of assessee - Held, yes - Whether further since assessee was legally entitled to deduction under section 80-IC, his claim could not be disallowed on technical ground that return of income was filed belatedly - Held, yes [In favour of assessee
S. Venkataiah[2012] 22 taxmann.com 2 (Hyd.)
Section 139, read with sections 80AC and 80-IC, of the Income-tax Act, 1961 - Return of income - E-return - Assessment year 2008-09 - Whether filing of return electronically is a directory provision and if return is filed manually on or before due date, such return cannot be ignored - Held, yes - Assessee filed its return manually before due date prescribed under section 139(1) wherein deduction was claimed under section 80-IC - Subsequently, on instruction of CBDT, assessee filed its return electronically - Assessing Officer finding that e-return, was filed beyond prescribed period, held that assessee was not entitled for deduction by virtue of provision contained in section 80AC - Whether in view of aforesaid legal position, Assessing Officer was not justified in ignoring manual return filed by assessee before due date of filing of return - Held, yes - Whether, therefore, impugned order passed by Assessing Officer was to be set aside - Held, yes [Para 13] [In favour of assessee]
Gemini Communication Ltd.[2015] [2013] 29 taxmann.com 13 (Chennai)
Where electronic return not filed before due date and also mannual return not filed before due date and also no plausible explanation provided for non filing of return except that the consultant was not aware about timely filing for deduction under S. 80IC, deduction can not be claimed
Sucram Pharmaceuticals [2015] 58 taxmann.com 138 (Chennai - Trib.)
Where a manual return was furnished before due date while electronic return after due date, provision of section 80-IC so as to claim deduction under section 80-IC was complied with
Sucram Pharmaceuticals [2015] 58 taxmann.com 138 (Chennai - Trib.)
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