Court : Income Tax Appellate Tribunal ITAT Nagpur
Reported in : (1992)43ITD659(Nag.)
..... payable and such intimation shall be deemed to be the notice of demand and if any refund is due, it had to be granted to the assessee. by the amending act, 1989, w.e.f. 1-4-1989, the department was given certain rights to make prima facie adjustment to the return of income and create a demand or ..... allowance. (f) subject to the fulfilment of the required conditions, the benefit of investment allowance continues to be available if the sale or transfer of the ship or aircraft or plant and machinery is made as per a scheme of amalgamation. under the provisions of section 32ab such deductions are not allowable perhaps because in india, such amalgamations ..... provisions of section 32a regarding the investment allowance as under: (a) the provisions of the investment allowance apply to only those assessee- (i) who purchase a ship or aircraft, which is first put to use in the business of the assessee; or (ii) who install new machinery or plant in an industrial undertaking for the purposes only of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Nagpur
Reported in : (1987)22ITD392(Nag.)
..... the agreement and not to restrict it. therefore, it is not by virtue of article ix of the amending act that something which was not taxable, has been subjected to tax, rather by the amended agreement restrictions have been placed on something which was already taxable and now only a specified percentage tax can ..... the very fact that the rent, royalties, interest, dividends, management charges, remunerabion for labour or personal services or income from the operation of ships or aircraft are excluded from the scope of this article, would show that the intention of the contracting parties representing the two countries was not to exempt all ..... not include income in the form of rents, royalties, interest, dividends, management charges, remuneration for labour or personal services or income from the operation of ships or aircraft but shall include rent or royalties in respect of cinematographic films.the term 'permanent establishment' was defined in article ii(i) as under :- the term 'permanent .....
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