Month: January 2012

AAR H.C : Whether on a perusal of terms of contract and conduct disclosed by Bill of Lading, Bill of Entry and taking of transit insurance it is found that this would be an off-shore sale in light of decision of Supreme Court in Ishikawajma

Authority For Advance Rulings (Income-Tax), New Delhi SEPCO III Electric Power Construction Corpn., In Re Section : 9 Justice P.K. Balasubramanyan, Chairman And V.K. Shridhar, Member Application No. 1 Of 2011 Aar No. 1008 Of 2010 January 31, 2012 RULING 1. The applicant is a company incorporated under the laws of China on 26.3.2009. The applicant, …

Bombay H.C : The ITAT was correct in deleting the levy of penalty on account under section 40(a)(ia) in the light of the decision of the Tribunal

High Court Of Bombay CIT Vs. Shyam Narayan & Bros. Assessment Year : 2006-07 Section : 40(a)(Ia), 271(1)(c) Dr. D.Y. Chandrachud And M.S. Sanklecha, JJ. IT Appeal (Lodg.) No. 1365 Of 2011 January 30, 2012 JUDGMENT 1. This appeal by the Revenue under section 260A of the Income-tax Act, 1961, raises the following substantial question of …

Andhra Pradesh H.C :The article or thing, viz., alcohol including rectified spirit and denatured spirit manufactured by the assessee-company do not come under the ambit of Eleventh Schedule of the I.T. Act, 1961

High Court Of Andhra Pradesh CIT Vs. O.R. Distilleries Ltd. Assessment Years : 1985-86, 1986-87 And 1989-90 Section : 32A V.V.S. Rao And B.N. Rao Nalla, JJ. Referred Case Nos. 254 Of 1996 & 77 Of 1997 January 27, 2012 JUDGMENT V. V. S. Rao, J. – These two Referred Cases can be disposed of by …

Andhra Pradesh H.C : The original infirmity in clause III (aims and objects of the association) of the trust deed stood rectified after the amendment to the clauses of the trust deed

High Court of Andhra Pradesh CIT vs. Vijaya Vani Educational Trust Assessment years : 1986-87 and 1987-88 Section : 2(15), 11, 13 V.V.S. Rao And B.N. Rao Nalla, JJ. Referred Case Nos. 46 Of 1998 & 46 Of 2001 January 27, 2012 JUDGMENT V.V.S. Rao, J. – In R. C. No. 46 of 1998 under section 256(1) …

Delhi H.C : Whether the Income Tax Appellate Tribunal was right in holding that the assessment orders under Section 153A dated 29th June, 2007 were barred by limitation?

High Court Of Delhi CIT Vs. Ulike Promoters (P.) Ltd. Assessment Years : 1998-99 To 2001-02 Section : 153B, 142 Sanjiv Khanna And R.V. Easwar, JJ. IT Appeal Nos. 1528 To 1530 & 1532 Of 2010 January  24, 2012 ORDER 1. Revenue in these appeals under Section 260A of the Income Tax Act, 1961 (Act, for short) …

Delhi H.C : Free of Cost (FOC) accessories provided to customers at the time of sale of a car were in the nature of sales promotion expenses and not in the nature of selling expenses

High Court Of Delhi T & T Motors Ltd. vs. ACIT Assessment Year : 2006-07 Section : 115WB Sanjiv Khanna And R.V. Easwar, JJ. IT Appeal No. 899 Of 2010 January 24, 2012 JUDGMENT Sanjiv Khanna, J. – The present appeal under Section 260A of the Income Tax Act, 1961 (Act, for short) involves the question …

Madras H.C : Whether the Tribunal erred in rejecting the claim for bad debts on the ground that the amounts were borrowed by the Madhya Pradesh State Transport Corporation that was allegedly managed or enrolled by the State of Madhya Pradesh

High Court Of Madras First Leasing Company of India Ltd. vs. CIT Assessment Year : 2006-07 Section : 36(1)(Vii) D. Murugesan And P. P. S. Janarthana Raja, JJ. Tax Case (Appeal) No. 363 Of 2011 M.P. Nos. 1 & 2 Of 2011 January 24, 2012 JUDGMENT P.P.S. Janarthana Raja, J. – The assessee has filed the …

Delhi H.C : They filed an application with the Ministry of Commerce and Industries for registration of the industrial park under the Industrial Park Scheme, 2002 (2002, Scheme, for short) to avail of benefits/exemption under Section 80IA

High Court of Delhi Regency Soraj Infrastructures vs. Union Of India And Ors. Section 80IA, 295, 80IA(4)(iii) Sanjiv Khanna & R.V. Easwar, JJ. W. P (Civil) Nos. 13825/2009 and 7699/2010 24th January, 2012 Counsel Appeared Porus F. Kaka, Sr. Adv. With Divesh Chawla, Arvind Gupta and Shiny Varghese, Advs. For the Petitioner.: A.S. Chandhiok, ASG with …
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