Month: January 2010

AAR : Whether on the facts and circumstances of the case the amounts received by the applicant outside India from the Public Works Department, Government of Tamil Nadu, are in consideration for the sale of designs and drawings, being a capital asset transferred outside India, and whether such receipts would be liable to tax in India under the provisions of the IT Act, 1961 ?

Authority For Advance Rulings GMP International Gmbh, IN RE Section 9(1)(vii), DTAA between India & Germany, Art. 5, DTAA between India & Germany, Art. 12 P.V. Reddi, J., Chairman; J. Khosla, Member AAR No. 837 of 2009 29th January, 2010 Counsel Appeared : Dr. Anitha Sumanth & G.S.D. Babu, for the Applicant : None, for the …

Punjab & Haryana H.C : Whether an educational institution would cease to exist ‘solely’ for educational purposes and not for purposes of profit merely because it has generated surplus income over a period of 4/5 years after meeting its expenditure ?

High Court Of Punjab & Haryana Pinegrove International Charitable Trust & Ors. vs. Union Of India & Ors. Section 10(23C)(vi), Asst. Year 2000-01 to 2007-08 M.M. Kumar & Jaswant Singh, JJ. Writ Petn. Nos. 3727, 5562, 5649, 5978, 6031, 6834, 7030, 7031, 7038, 7042, 7065, 7082, 7113, 7346, 7391, 7422,7857, 8317, 8912, 9504 & 9777 of …

Delhi H.C : The CIT(A) had erred in deleting the addition of Rs. 1,61,80,156 made by the AO in as much as according to the Revenue the CIT(A) had not appreciated the provisions contained in s. 35E of the Act which, according to the Revenue, were clearly applicable

High Court Of Delhi CIT vs. ACC Rio Tinto Exploration Ltd. Section 35E, 145 Asst. Year 2001-02 Badar Durrez Ahmed & Siddharth Mridul, JJ. IT Appeal No. 547 of 2009 28th January, 2010 Counsel Appeared : Ms. P.L. Bansal, for the Petitioner : Salil Kapoor with Ms. Swati Gupta & Ankit Gupta, for the Respondent JUDGMENT …

Punjab & Haryana H.C : The Hon’ble Tribunal was right in confirming the order of the CIT(A) by directing to take the figure of closing stock of the immediately preceding year based on provisional accounts as opening stock of current year instead of the figure of opening stock available as per the audited accounts and adopted by the AO

High Court Of Punjab & Haryana CIT vs. Punjab State Warehousing Corporation Section 145 Asst. Year 2003-04 M. M. Kumar & Ajay Tewari JJ. IT Appeal No. 670 of 2008 28th January, 2010 Counsel Appeared : Ms. Urvashi Dhugga, for the Appellant JUDGMENT M. M. Kumar, J. : The Revenue has approached this Court challenging the …

Karnataka H.C : Whether the Tribunal was justified in holding the provisions of s. 254(2) of the Act were not applicable to apply the ratio of the jurisdictional High Court rendered in a judgment subsequent to the delivery of the order of the Tribunal ?

High Court Of Karnataka Poonja Arcade vs. Assistant Commissioner Of Income Tax Section 149, 150, 153, Expln. 3, 254(2) Asst. Year 1985-86 D.V. Shylendra Kumar & N. Ananda, JJ. IT Appeal No. 379 of 2009 27th January, 2010 Counsel appeared : P. Dinesh for Parthasarathi, for the Appellant : Aravind for M.V. Seshachala, for the Respondent …

Madras H.C : Whether on the facts and in the circumstances of the case, the Commr. of Agrl. IT, has discharged his initial burden of establishing the existence of essential ingredients to constitute ‘AOP’, among the petitioner and two others, before initiating suo motu proceedings under s. 34 of the Tamil Nadu Agrl. IT Act, 1955

High Court Of Madras R.N. Veerappan vs. State Of Tamil Nadu Section TN Agrl. IT 17, TN Agrl. IT 65 Asst. Year 1993-94, 1994-95, 1995-96 D. Murugesan & P.P.S. Janarthana Raja, JJ. Tax Case (Revn.) Nos. 323, 330 & 331 of 1997 27th January, 2010 Counsel Appeared : R. Krishnamurthy for R. Gangadharan, for the Petitioners …

Punjab & Haryana H.C : Whether on the facts and circumstances of the case the Tribunal was right in law in confirming the order of the CGT(A) (Central), Ludhiana and holding that the transaction of 50,000—4 per cent non-cumulative preference shares at the face value of Rs. 100, the market value of which did not exceed Rs. 30 per share, did not involve any gift ?

High Court Of Punjab & Haryana Commissioner Of Gift Tax vs. Rockman Cycle Industries (P) Ltd. Section GT 4(1)(a) Asst. Year 1986-87 Ashutosh Mohunta & Mehinder Singh Sullar, JJ. GT Appeal No. 2 of 1999 27th January, 2010 Counsel Appeared : Krishan Mehta, for the Appellant : Akshay Bhan, for the Respondent Judgment Mehinder Singh Sullar, …
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