Tuesday, October 27, 2009 |
1. THE ROADMASTER INDUSTRIES OF INDIA (P) LIMITED (PUNJAB and HARYANA High Court) [Related to section 35B(1)(b)(iii)] Income Tax – Expenditure incurred by way of sea freight not eligible for weighted deduction in terms of sub-clause (iii) of Section 35B (1)(b) of IT Act, 1961 – Sub-clause (viii) being a general provision cannot be applied when a specific provision debars eligibility.
2. M/s UNITED EXPORTS (Delhi High Court) Income tax - Sec 40A(2)(a) - Assessee is a partnership firm - deals in export of rice - debits certain sums on account of trading discount given to sister concern - AO finds 11% as excessive trade discount and reduces it to 3% - CIT(A) hikes it to 8% on the basis of high discounts allowed in the past AYs - Tribunal reduces the same to 5% - held, Tribunal's order is flawed as the trade discount is reduced without any basis or any documents.
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"Voice of CA" CA. Kapil Goel, Moderator-Direct Taxes, Mob:9910272806, cakapilgoel@gmail.com CA. Sidharth Jain, Co-Moderator, Mob: 9810418700, sidhjasso@yahoo.com CA. Mukesh K Bansal, Co-Moderator-FEMA, mkak@rediffmail.com |
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