272 ITR

Sec. 260A, Section 260, Section 32

Madhya Pradesh H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the assessee-company was entitled to depreciation on biogas plant for full year ignoring comprehensive information furnished by the assessee-company itself vide its letter dt. 23rd Feb., 1996, which contains its own admission with the biogas plant was commissioned on 9th Oct., 1992, and also documentary evidence on record clearly proves the biogas plant having been operational on 9th Oct., 1992, i.e., after the expiry of half of the previous year relevant to the assessment year in question ?

High Court Of Madhya Pradesh CIT vs. Vindhyachal Distilleries (P) Ltd. Sections 32, 260A Asst. Year 1993-94 R.V. Raveendran, C.J. […]

Section 90

AAR : India has DTAA with UAE. As per art. 13(3) of the DTAA between India and UAE, signed in 1993, gains from alienation of shares in an Indian company held by resident of UAE will be taxable only in UAE. So as our client is a resident of UAE for which necessary tax residency certificate is enclosed. Hence, under this tax treaty the assessee would not be liable to capital gains tax in India.

Authority For Advance Rulings Emirates Fertilizer Trading Company Wll, In Re Section 90(2), DTAA between India and UAE, art. 13

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