Month: August 2011

Delhi H.C : the ITAT grossly erred in holding that the Appellant has a Permanent Establishment in India as per Article 5 of the DTAA between India and Singapore

High Court Of Delhi Rolls Royce Singapore (P.) Ltd. vs. Assistant Director of Income-tax Assessment Years : 2000-01 to 2004-05 Section : 9, 92 A.K. Sikri And M.L. Mehta, JJ. IT Appeal Nos. 1278,1280-1282 And 1284 (Delhi) Of 2010 And 249 To 260 (Delhi) Of 2011 August 30, 2011 JUDGMENT A.K. SIKRI, J. – These 17 appeals …

Karnataka H.C : While computing deduction under section 10A, if export turnover is arrived at after excluding certain expenses, said expenses should also be excluded from ‘total turnover’

High Court Of Karnataka CIT vs. Tata Elxsi Ltd. Assessment Year : 2003-04 Section : 10A N. Kumar And Ravi Malimath, JJ. IT Appeal Nos. 70 Of 2009 & Others August 30, 2011 JUDGMENT 1. In all these appeals, as the question involved is one and the same, which is purely a question of law, they …

Bombay H.C : The assessee was entitled to the deduction under section 10A of the Income-tax Act, 1961 in respect of the sum of Rs. 2.20 crores being export proceeds which were realized beyond the period of six months from the end of relevant assessment year and there was no specific extension of time granted by the Competent Authority under section 10A(3)

High Court of Bombay CIT – 9, Mumbai vs. Morgan Stanley Advantage Services (P.) Ltd. Assessment Year : 2004-05 Section : 10A J.P. Devadhar And K.K. Tated, JJ. IT Appeal No. 4027 Of 2010 August  30, 2011 JUDGMENT J.P. Devadhar, J. – Although several questions are raised by the Revenue in this appeal, the basic question …

Delhi H.C : The principal amount of working capital loans granted in the form of cash credit limits by the bank and subsequently waived off, constitutes taxable income of the appellant

High Court Of Delhi Rollatainers Ltd. vs. CIT Assessment Year 2010-11 Section : 41(1) A.K. Sikri And M.L. Mehta, JJ. IT Appeal No. 127 Of 2011 August 30, 2011 JUDGMENT A.K. Sikri, J. – This appeal was admitted on 8th July, 2011 on the following substantial question of law:- “Whether on the facts and circumstances of …

Delhi H.C : Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal (for short ‘ITAT’) was justified in sustaining Rs. 8,24,000 on account of unexplained cash credit under the provisions of section 68 of the Income-tax Act, 1961 (hereinafter referred to as the ‘IT Act’)?

High Court Of Delhi Mod Creations (P.) Ltd. vs. ITO Assessment Year : 2002-03 Section : 68 Sanjay Kishan Kaul And Rajiv Shakdher, JJ. IT Appeal No. 1158 Of 2007 August 29, 2011 JUDGMENT Rajiv Shakdher, J. ‑ The learned counsels for both parties agree that the appeal can be admitted and heard on the basis …

S.C : The Circular, dt. 9th Feb., 2011 [(2011) 238 CTR (St) 154 : (2011) 51 DTR (St) 135], should not be applied ipso facto, particularly, when the matter has a cascading effect

Supreme Court Of India CIT vs. Surya Herbal Ltd. Section : 260A, 268A S.H. Kapadia, C.J.; K.S. Panicker Radhakrishnan & Swatanter Kumar, JJ. Special Leave Petition CC No. 13694 of 2011 29th August, 2011 Counsel appeared : Goolam E. Vahanvati, Rupesh Kumar, Anand Kannan & B.V. Balaram Das, for the Petitioner ORDER BY THE COURT : …
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