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March 2010

Sec. 9(1)(Vii), Sec. 44BB, Sec. 44DA

AAR : Whether on the stated facts and in law the income derived by Master & Commander AS (M&C) ought to be computed in accordance with the computational mechanism under s. 44BB of the Act ?

Avijit Das / March 5, 2010

Authority For Advance Rulings Wavefield Inseis Asa, In Re Section 9(1)(vii), 44BB, 44DA, 115A P.V. Reddi, J., Chairman; J. Khosla, […]

AAR : Whether on the facts and circumstances of the case, the IC2 Institute of University of Texas, Austin, USA executing the agreement between FICCI and UT (IC2) is covered by the Double Taxation Avoidance Agreement (DTAA) between India and USA, therefore, the provisions of the IT Act, 1961 will not be applicable ?

Avijit Das / March 5, 2010

Authority For Advance Rulings Federation Of Indian Chambers Of Commerce & Industry (Ficci),In Re Section 90, DTAA between India &

AAR : Whether the payments received by the applicant for the proposed recruitment services and referral services from the Indian clients is liable to tax withholding under s. 195 of the IT Act, 1961 read with DTAA between India and UK ?

Avijit Das / March 5, 2010

Authority For Advance Rulings Real Resourcing Ltd., In Re Section 90, DTAA between India & UK, art. 5, DTAA between

Sec. 115JA, Sec. 234B, Sec. 234C

Calcutta H.C : Whether on a true and proper interpretation of the relevant provisions of the IT Act, 1961, the provisions relating to payment of advance tax are applicable in case where the total income is deemed to be 30 per cent of the book profit under s. 115JA and the Tribunal was justified in law in upholding the charging of interest under ss. 234B and 234C in the appellant’s case for the asst. yrs. 1999-2000 and 2000-01

Avijit Das / March 4, 2010

High Court Of Calcutta Binani Industries Ltd. vs. CIT Section 115JA, 234B, 234C Asst. Year 1999-2000, 2000-01 Kalyan Jyoti Sengupta

Bombay H.C : The assessee has not debited any amount on account of write off of debts/advances to P&L a/c as in Sch. 17 of balance sheet, the “sundry irrecoverable balances written off is shown at nil

Avijit Das / March 4, 2010

High Court Of Bombay Rallis India Ltd. vs. Assistant Commissioner Of Income Tax & Anr. Section 147 Asst. Year 2004-05

Bombay H.C : The assessment has been sought to be reopened by the issuance of a notice under s. 148

Avijit Das / March 4, 2010

High Court Of Bombay Anil Radhakrishna Wani vs. ITO & Ors. Section 147, proviso, 149(1)(b) Asst. Year 2003-04 Dr. D.Y.

Sec. 115JA, Sec. 234B, Sec. 234C

Calcutta H.C : Whether on a true and proper interpretation of the relevant provisions of the IT Act, 1961, the provisions relating to payment of advance tax are applicable in case where the total income is deemed to be 30 per cent of the book profit under s. 115JA and the Tribunal was justified in law in upholding the charging of interest under ss. 234B and 234C in the appellant’s case for the asst. yrs. 1999-2000 and 2000-01 ?

Avijit Das / March 4, 2010

High Court Of Calcutta Binani Industries Ltd. vs. CIT Section 115JA, 234B, 234C Asst. Year 1999-2000, 2000-01 Kalyan Jyoti Sengupta

Calcutta H.C : whether section 260A excluded the provisions of sections 4 to 24 of the Limitation Act, 1963

Avijit Das / March 3, 2010

High Court Of Calcutta CIT Vs. R.K.B.K. Ltd. Section : 260A Kalyan Jyoti Sengupta And Indra Prasanna Mukerji, JJ. IT

Section 147, Section 148

Bombay H.C : An order adverse to the assessee is passed, effect shall not be given to the order for a period of four weeks thereafter to enable the assessee to seek recourse to its remedies against the order

Avijit Das / March 2, 2010

High Court Of Bombay IOT Infrastructure & Energy Services Ltd. vs. Assistant Commissioner Of Income Tax & Anr. Section 147,

Income Tax Case Laws, Section 148, Section 282

Madras H.C : the petitioner has not been served with the notice as contemplated under s. 148 of the IT Act, 1961

Avijit Das / March 2, 2010

High Court Of Madras Smt. S. Nachiar vs. ITO & ORS. Section 148, 282 Asst. Year 1994-95 K.N. Basha, J.

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