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    <title>2012 (5) TMI 73 - ITAT KOLKATA</title>
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    <description>The Tribunal upheld the Assessing Officer&#039;s decision on the apportionment of common expenses for non-shipping business, disallowing a portion of the appellant&#039;s claimed deduction. It emphasized that expenses under the tonnage tax scheme cannot be fully deducted when income is derived from both shipping and non-shipping activities. The Assessing Officer&#039;s recomputation of expenses for non-shipping business was supported by the CIT(A), who clarified the exclusion of direct expenses for shipping activities and a portion of common expenses related to shipping when determining deductions. The Tribunal directed reassessment of common costs allocation between shipping and non-shipping business on a reasonable basis, highlighting the error in equating &#039;reasonable basis&#039; with &#039;proportionate basis.&#039; It also instructed the Assessing Officer to reconsider the income computation for the subsequent assessment year in accordance with the correct legal provisions, ensuring fairness to the appellant.</description>
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    <pubDate>Fri, 17 Feb 2012 00:00:00 +0530</pubDate>
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      <title>2012 (5) TMI 73 - ITAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=213028</link>
      <description>The Tribunal upheld the Assessing Officer&#039;s decision on the apportionment of common expenses for non-shipping business, disallowing a portion of the appellant&#039;s claimed deduction. It emphasized that expenses under the tonnage tax scheme cannot be fully deducted when income is derived from both shipping and non-shipping activities. The Assessing Officer&#039;s recomputation of expenses for non-shipping business was supported by the CIT(A), who clarified the exclusion of direct expenses for shipping activities and a portion of common expenses related to shipping when determining deductions. The Tribunal directed reassessment of common costs allocation between shipping and non-shipping business on a reasonable basis, highlighting the error in equating &#039;reasonable basis&#039; with &#039;proportionate basis.&#039; It also instructed the Assessing Officer to reconsider the income computation for the subsequent assessment year in accordance with the correct legal provisions, ensuring fairness to the appellant.</description>
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      <pubDate>Fri, 17 Feb 2012 00:00:00 +0530</pubDate>
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