Partial taxpayer relief: electrical fittings depreciated at 10%; foreign-exchange loss allocation deleted; s.40(a)(ia) TDS not disallowable; s.10B set-off reversed &D

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ITAT allows relief to the assessee in part and against the Revenue in part. Depreciation on electrical fittings is confirmed at 10% (not 15%), treating such installations as "furniture and fittings." Addition for foreign-exchange loss allocated by turnover is deleted and CIT(A)'s reversal is restored where losses are identifiable and claimed on actuals. Disallowance under s.40(a)(ia) is negated: late deposit of TDS where tax is deposited before the return filing due date is not disallowable, and CIT(A)'s curative-construction is affirmed. Apportionment of R&D expenses to EOUs is deleted, where the assessee had booked R&D costs to those units. AO's pre-set-off of carried-forward business loss prior to granting s.10B deduction is disapproved and CIT(A)'s treatment is upheld.....