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    <title>1991 (4) TMI 170 - ITAT CALCUTTA-A</title>
    <link>https://www.taxtmi.com/caselaws?id=59865</link>
    <description>The tribunal ruled in favor of the non-resident company regarding the taxability of detention/demurrage charges under section 44B. It held that only 7.5% of such charges should be treated as profits, not the entire amount. Additionally, all expenses related to detention charges, including depreciation on containers, were allowed as deductions. The tribunal clarified that detention/demurrage charges are not part of carriage charges and should not be considered as income. The departmental appeal was dismissed, and the assessee&#039;s cross-objection was allowed, resulting in the exclusion of the entire detention/demurrage receipts from the assessee&#039;s income.</description>
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    <pubDate>Fri, 26 Apr 1991 00:00:00 +0530</pubDate>
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      <title>1991 (4) TMI 170 - ITAT CALCUTTA-A</title>
      <link>https://www.taxtmi.com/caselaws?id=59865</link>
      <description>The tribunal ruled in favor of the non-resident company regarding the taxability of detention/demurrage charges under section 44B. It held that only 7.5% of such charges should be treated as profits, not the entire amount. Additionally, all expenses related to detention charges, including depreciation on containers, were allowed as deductions. The tribunal clarified that detention/demurrage charges are not part of carriage charges and should not be considered as income. The departmental appeal was dismissed, and the assessee&#039;s cross-objection was allowed, resulting in the exclusion of the entire detention/demurrage receipts from the assessee&#039;s income.</description>
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      <pubDate>Fri, 26 Apr 1991 00:00:00 +0530</pubDate>
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