Month: February 2013

Delhi H.C : Amendment made to section 115JB by Finance (No. 2) Act, 2009 by insertion of clause (i) to Explanation 1 with retrospective effect from 1-4-2001 is constitutionally valid

High Court Of Delhi Whirlpool Of India Ltd.vs. Union Of India Section : 115JB Ravindra Bhat And R.V. Easwar, JJ. W.P.(C) No. 3126 Of 2010 February  28, 2013 ORDER R.V. Easwar, J. – In this writ petition, the petitioner challenges the retrospectivity of the amendment made to Section 115 JB of the Income Tax Act, 1961 by …

Gujarat H.C :Where Assessing Officer completed assessment of assessee under section 143(3) and subsequently he reopened said assessment solely on basis of objection of audit party without application of his mind independently, reopening of assessment was invalid

High Court Of Gujarat Jagat Jayantilal Parikh vs. DCIT Assessment Year : 2007-08 Section : 147, 148 Akil Kureshi And Ms. Sonia Gokani, JJ. Special Civil Application No. 16062 Of 2012 February 28, 2013 JUDGMENT Ms. Sonia Gokani, J. – The petitioner is an individual assessed in the same status for last several years under the …

Punjab & Haryana H.C : Whether on the facts and the additional information made available to this Court and in the circumstances of this case, the land acquired is not an agricultural land and, therefore, compensation shall be assessed in the year of receipt and not as and when the matter is finally resolved?

High Court Of Punjab & Haryana CIT vs. Smt. Rani Tara Devi Assessment Year : 2004-05 Section : 2(14) Hemant Gupta And Ms. Ritu Bahri, JJ. IT Appeal Nos. 104 & 105 Of 2009 February 28, 2013 JUDGMENT Hemant Gupta, J. – This order shall dispose of afore-mentioned Income Tax Appeals filed by the Revenue under …

Andhra Pradesh H.C : Where revenue was not able to establish that royalty paid by assessee was unreasonable, same was to be inferred as adequate and reasonable coming within clause (c) of sub-section (2) of section 13

High Court Of Andhra Pradesh Chirec Education Society vs. ADIT Assessment Years : 1998-99 To 2002-03 Section : 13, 11 Goda Raghuram And M.S. Ramachandra Rao, JJ. ITTA Nos. 35, 45, 46, 63 & 64 Of 2011 February 28, 2013 JUDGMENT M. S. Ramachandra Rao, J. -These five appeals are filed under section 260A of the …

Delhi H.C : Mere furnishing of the bank statements of the share subscribers without any explanation for the deposits in the accounts may not meet the requirements of Section 68

High Court Of Delhi CIT Vs. Titan Securities Ltd. Assessment Year : 2001-02 Section : 68 Ravindra Bhat And R.V. Easwar, Jj. IT Appeal No. 263 Of 2012 February  28, 2013 ORDER R.V. Easwar, J. – This is an appeal by the revenue under section 260A of the Income Tax Act, 1961 (hereinafter referred to as …

Madras H.C : the registration had been granted to the Trust if the application was not either accepted or rejected within a period of six months from the end of the month in which such application was filed by the applicant Trust

High Court Of Madras CIT-I, Salem vs. Sheela Christian Charitable Trust Section : 12AA R. Banumathi And K. Ravichandrabaabu, JJ. T.C. (A) No. 315 Of 2010 February 27, 2013 JUDGMENT 1. Being aggrieved by the order of the Tribunal holding that there was ‘assumed registration for the Respondent Trust’, the Revenue has preferred this appeal. The …

Delhi H.C : Where shares of Indian company are listed shares exempted under section 10(38), no treaty shopping to be alleged on transfer of shareholding in it by company of one foreign country to company of another foreign country

High Court Of Delhi DIT (International Taxation), Delhi vs. Goodyear Tire & Rubber Company Section : 5, 10(38) Badar Durrez Ahmed And R.V. Easwar, JJ. W.P.(C) No. 8295 Of 2011 February 27, 2013 JUDGMENT Badar Durrez Ahmed, J. – This writ petition has been filed by the department against the advance ruling order dated 02.05.2011 given …

Karnataka H.C : the benefit of deduction under section 80HHC of the Act can be availed by the assessee only on the total income as computed after setting off the unabsorbed depreciation of the earlier years

High Court Of Karnataka J.K. Industries Ltd. vs. JCIT Section 28 to 43D, 72(2), 80HHC Asst. Year 1998-99 D V Shylendra Kumar & B Sreektvase Gowda, JJ. ITA No. 1360 of 2006 26th February, 2013 Counsel appeared: A Shankar & M Lava, Advs.for the Petitioner.:E R Indrakumar, Sr. Counsel for E I Sanmathi Adv.for the Respondent …
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