Month: November 2011

Bombay H.C : Whether since what was sought to be brought to tax as capital gains were capital gains alleged to accrue to Bermudian company, provisions of section 153B would have no application

High Court Of Bombay Ingram Micro India Ltd. vs. DCIT, Central Range Assessment Year : 2005-06 Section : 163, 149, 153B Dr. D.Y. Chandrachud & A.A. Sayed, JJ. Writ Petition No. 285 Of 2011 November 30, 2011 JUDGMENT Dr. D.Y. Cha– Rule, by consent returnable forthwith. With the consent of Counsel and at their request the …

Delhi H.C : Whether the learned Tribunal had erred in interpretation of the letter dated 04.11.2004 issued by the Principal and consequently upholding the interest charged by Assessing Officer under Section 234C amounting to Rs.4,17,074.00?

High Court Of Delhi Bill & Peggy Marketing India Pvt Ltd. vs. Assistant Commissioner Of Income Tax Section 234C, 208, 211, 234A, 234B, 119(2)(a) Asst. Year 2004-05 Sanjiv Khanna & R.V. Easwar, JJ. ITA NO.1013/2011 30th November, 2011 Counsel appeared: Ajay K. Aren & Achin Aren, Adv. for the Appellant : Anupam Tripathy, sr. standing counsel …

Delhi H.C : Whether the Income Tax Appellate Tribunal (tribunal, for short) was correct in law in quashing the order passed by the Commissioner of Income Tax under Section 263 of the Act dated 31.12.2009?

High Court Of Delhi CIT vs. DLF Power Ltd Asst. Year 2005-06 Section 263, 115JB, 80IA Sanjiv Khanna & R. V. Easwar, JJ. ITA No. 973/2011 29th Nov., 2011 Counsel appeared N P Sahni and RucheshSinha, Advs.for the Petitioner.: Ajay Vohra, Kavita Jha and Somnath Shukla, Advs.for the Respondent Sanjiv Khanna, J. 1. With the consent …

Delhi H.C : the Transfer Pricing Officer (TPO) could not take cognizance suo motu of any international transaction for adjustment in the Arm’s Length Price (ALP) under s. 92CA of the IT Act, 1961

High Court Of Delhi CIT vs. Amadeus India (P) Ltd. Section : 92B, 92C, 92CA Asst. Year : 2006-07 Badar Durrez Ahmed & Ms. Veena Birbal, JJ. IT Appeal No. 938 of 2011 28th November, 2011 Counsel appeared : Ms. Suruchi Aggarwal, for the Appellant : M.S. Syali with Mayank Nagi & Ms. Husnal Syali, for …

Andhra Pradesh H.C : Being the expenditure incurred for hiring space at various locations, shall be considered for the purposes of computation of disallowance under section 37(3A)

High Court Of Andhra Pradesh Bakelite Hylam Ltd. VS. CIT Assessment Year : 1985-86 Section : 37(3)/(3a), 37(3b), 30 V.V.S. Rao And B.N. Rao Nalla, JJ. Referred Case. No. 152 Of 1996 November 28, 2011 JUDGMENT V.V.S. Rao, J. – This is a reference under section 256(1) of the Income-tax Act, 1961 (“the Act”). The following …

AAR : Whether since essence of transaction in question takes within its sweep various rights including a change in controlling interest of an Indian company (Shantha) having assets, business and income in India, it has to be ruled that transaction of sale of shares by applicant in ‘ShanH’ to ‘Sanofi’ is taxable in India in terms of paragraph 5 of Article 14 of India – France DTAA

Authority For Advance Rulings (Income-Tax), New Delhi Groupe Industrial Marcel Dassault, In Re Section : 9 Justice P.K. Balasubramanyan, Chairman And V.K. Shridhar, Member A.A.R. Nos. 846 And 847 Of 2009 November 28, 2011 RULING Justice P.K. Balasubramanyan, Chairman – Murieux Alliance, hereinafter referred to as ‘MA’ is said to be a part of an International …

Himachal Pradesh H.C : The interest paid/credited by the Housing Board on the amount deposited by the allottees on account of delayed allotment of flats does not fall under the definition of interest as assigned to it in subsection (28A) of Section 2

High Court Of Himachal Pradesh CIT, Shimla vs. H.P. Housing Board Section 2(28A), 194A Deepak Gupta And V.K. Ahuja, JJ. IT Appeal No. 36 Of 2006 November 28, 2011 ORDER Deepak Gupta, J. – The following interesting questions arise for decision in the present case: – “1. Whether on the facts and in the circumstances of …

Allahabad H.C : Assessing Officer can proceed under section 153A to find out source of income, even if seized goods were released for valid entry in stock books

High Court Of Allahabad Savesh Kumar Agarwal Vs.Union Of India Assessment Year : 2009-10 Section : 153C, 153A Sunil Ambwani And K.N. Pandey, JJ. Civil Misc. Writ Petition No. 692 Of 2011 November 25, 2011 JUGDMENT 1. We have heard Shri S. D. Singh, learned counsel for the petitioner. Shri Dhananjay Awasthi appears for the respondents. …
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