Section 44B in Telangana Town-Planning Act, 1920
44B. Penalty for breach of the provisions of the scheme.
(1) Where a scheme sanctioned under this ... fails to comply with any such provision shall be punishable under this section, the responsible authority shall send to any person who commits or knowingly
following among other grounds:
Chargeability of income under section 44B of the Act
1. The learned CIT(A) erred in confirming the action ... India as
per the provisions of section 5(2) of the Act, that the provisions of
Section 44B of the Act were applicable
Inclusion of service tax for the purpose of
presumptive income under Section 44B of the Income ... purpose of computing presumptive income under Section 44B of
the Act.
1.2 The Appellant humbly prays that the learned DDIT be directed
not to include
found that
while computing its income by applying the provisions of section
44B, assessee has not included the amount of service tax collected
during ... supra), in the context of provisions contained
under section 44BB, which is pari materia to section 44B and the
decision of the Tribunal in assessee
business of the assessee was covered by the provisions of section 44B of the Act.
2.The first effective Ground of Appeal is about chargeability ... India as per the
provisions of section 5(2) of the Act, that the provisions of Section 44B of the Act were
applicable
total revenue for the
computation of profit under Section 44B of the Income-tax Act, 1961 ('the Act').
2. On the facts ... opted that its income
from operation of shipping be taxed under section 44B of the Income Tax Act
on presumptive basis at the rate
India and therefore, business income cannot
be computed under Section 44B. The assessee referred the
Draft Assessment Order proposing to tax the assessee in India ... action, and
lastly, rate of 15% under Section 44B as applied by the
6 Orient Shipping Services
Assessing Officer was correct. Following the directions
section (1) Section 40 of the Act for a private company which is
not a Government company. For the purpose of Section 44B ... public purpose. That is also borne out by the
notification issued Under Section 6 of the Act which states "that the land
mentioned
that the language of Section
42 makes it clear that it is only the terms of an agreement under Section
41 which deals with ... pointed out that the third respondent being a public limited company
Section 44B of the Act which deals with private companies has no
application
recorded a
perverse observation/finding in para 3 regarding
application of ss. 44B and 172 of the Act 1961."
11. We are unable ... This is for
the reason that the respondent-assessee placed
reliance upon Section 172 of the Act in respect of
payments made
