Section 10A and related deductions: Tribunal rejects separate-undertaking claim, but allows loss set-off, ESOP cost and foreign tax credit in principl...
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A society registered under the Societies Registration Act, 1860 was held not liable to tax at the maximum marginal rate merely because it was treated as an association of persons with indeterminate shares. The Tribunal found that the statutory exception for a registered society had been overlooked, so the income had to be recomputed at the rates applicable to an individual. The TDS credit claim was not decided on merits and was remitted to the Assessing Officer for verification, with credit to be allowed if the claim and corresponding income were correctly reflected in the return.
A society registered under the Societies Registration Act, 1860 was held not liable to tax at the maximum marginal rate merely because it was treated as an association of persons with indeterminate shares. The Tribunal found that the statutory exception for a registered society had been overlooked, so the income had to be recomputed at the rates applicable to an individual. The TDS credit claim was not decided on merits and was remitted to the Assessing Officer for verification, with credit to be allowed if the claim and corresponding income were correctly reflected in the return.
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