Month: December 2010

Karnataka H.C : The professional charges received by the appellant would fall under explanation (baa) below Section 80HHC in spite of its clear finding that such professional charges were received not only for procuring order but also for supervising production and quality and ensuring shipment in time

High Court Of Karnataka Anil Dang vs. ITO, Ward 7(1), Bangalore Assessment Year : 2001-02 Section : 80HHC Mrs. Manjula Chellur And Aravind Kumar, JJ. IT Appeal No. 1252 Of 2006 December 30, 2010 JUDGMENT Aravind Kumar, J. – This appeal is by the asseesee under Section 260A of Income-tax Act, 1961 being aggrieved by the …

Karnataka H.C : , the appellant’s Kunigal unit was entitled to the relief under section 10B of the Income-tax Act, 1961, for the assessment year 2002-03

High Court Of Karnataka Sami Labs Ltd. vs. ACIT Assessment Year : 2002-03 Section : 10B Mrs. Manjula Chellur And Aravind Kumar, JJ. IT Appeal No. 3167 Of 2005 Assessment Year 2002-03 December  30, 2010 JUDGMENT Aravind Kumar, J. – The assessee is in appeal questioning the correct ness and legality of the order passed by …

Karnataka H.C : the order passed by the Commissioner is valid and within the powers under section 263 of the Act on the facts and circumstances of the case

High Court Of Karnataka Mahesh G. Shetty vs. CIT, Bangalore Assessment Year : 1995-96 Section : 14A, 263 Mrs. Manjula Chellur And Mrs. B.V. Nagarathna, JJ. IT Appeal Nos. 40-43 Of 2009 December 24, 2010 JUDGMENT Mrs. Manjula Chellur, J.—The following substantial questions of law arise for our consideration : “1. Whether the Tribunal was justified …

Delhi H.C : The profit arose on transfer of the Sonepat unit by the assessee was to be treated as long-term capital gain and not the short-term capital gain as treated by the Assessing Officer

High Court Of Delhi CIT vs. ECE Industries Ltd. Assessment Years : 1999-2000 And 2000-01 Section : 50 A.K. Sikri And Suresh Kait, JJ. IT Appeal Nos. 417 And 1069 Of 2007 December 24, 2010 JUDGMENT A.K. Sikri, J. – Between common parties, identical issues arise for determination in these two appeals ; albeit for two …

Delhi H.C : Whether after amendment of section 32 by Taxation Laws (Amendment) Act, 1986, depreciation is allowed on block of assets, and revenue cannot segregate a particular asset therefrom on ground that it was not put to use

High Court Of Delhi CIT vs. Oswal Agro Mills Ltd. Assessment Year : 1998-99 Section : 32 A.K. Sikri And Suresh Kait, JJ. IT Appeal Nos. 161 And 617 Of 2006, 998, 1104 And 1283 Of 2008 December 24, 2010 JUDGMENT A. K. Sikri, J. – In all these appeals, with the same assessee as respondent, …

Delhi H.C : Since the additions made in the case of sister concern of the assessee have been deleted therefore the statement of account as filed by the assessee should be accepted and no adverse inference can be drawn

High Court Of Delhi CIT, Delhi-Xi vs. Aero Club Assessment Year : 1994-95 and 1998-99 Section : 144 A.K. Sikri And Ms. Reva Khetrapal, JJ. IT Appeal No. 216 Of 2006 December 24, 2010 JUDGMENT Ms. Reva Khetrapal, J. – This is an appeal filed by the Department relating to the assessment years 1994-95 and 1998-99 …

Delhi H.C : Whether non-consideration of a decision of jurisdictional Court (in this case a decision of the High Court of Gujarat) or of the Supreme Court can be said to be a ‘mistake apparent from the record’ ?

High Court Of Delhi : Full Bench Lachman Dass Bhatia Hingwala (P) Ltd. vs. Assistant Commissioner Of Income Tax Section 254(2) Asst. Year 2000-01, 2001-02, 2002-03, 2003-04, 2004-05, 2005-06 Dipak Misra, C.J.; A.K. Sikri & Manmohan, JJ. Writ Petn. Nos. 6460 to 6465 of 2010 24th December, 2010 Counsel Appeared : R.M. Mehta, for the Petitioner …

Calcutta H.C : Whether since by virtue of DTAA between India and Netherlands, head office of assessee was not liable to pay any tax under Act, there was no obligation on part of assessee’s Indian branch to deduct tax while making interest remittance to its head office or any other foreign branch

High Court Of Calcutta ABN Amro Bank, N.V. vs. CIT, West Bengal-III, Kolkata Section : 195 Kalyan Jyoti Sengupta And I.P. Mukerji, JJ. IT Appeal No. 458 Of 2005 December 23, 2010 JUDGMENT I.P. Mukerji, J. – This is an Appeal under section 260A of the Income-tax Act, 1961 (in short “the Act”) against the Order …
Malcare WordPress Security