September 2013

Sec. 2(22)

Jammu & Kashmir H.C : Where assessee received certain inter-corporate deposits from its sister concern, in view of fact that one of shareholders was holding shares in excess of 20 per cent in both companies but assessee itself was not a registered shareholder of sister concern, amount in question could not be brought to tax as deemed dividend under section 2(22)(e)

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High Court Of Jammu And Kashmir CIT Vs. G.T. Z. Securities Ltd. Assessment Years : 2003-04 And 2004-05 Section : […]

Section 45

Bombay H.C : Whether on the facts and in the circumstances of the case and in law, an investment made in the shares of a private limited company for purposes of acquiring control over the business conducted by it, can be said to be stock-in-trade and not a capital asset especially when the shares were not freely transferable and were held by the assessee for 31 months?

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High Court Of Bombay Accra Investments (P.) Ltd. Vs. ITO, Range -3(1)(1) Assessment Year : 2006-07 Section : 45, 28(i)

Sec. 144C, Section 254, Section 92B

Bombay H.C : Whether sub-section (2A) as inserted in section 92CA is prospectively effective from 1-6-2011 and it is prospective qua proceedings and not qua assessment year which means if proceedings were concluded before TPO prior to 1-6-2011, sub-section (2A) would not have been applicable and if proceedings were pending before TPO on 1-6-2011, TPO is entitled to exercise jurisdiction under sub-section (2A)

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High Court Of Bombay Vodafone India Service (P.) Ltd. Vs. Union Of India, Ministry Of Finance, New Delhi Assessment Year

Sec. 244A

Delhi H.C : Where assessee became entitled to refund of taxes paid and interest under section 244A had become due and payable on tax amount refundable and Assessing Officer did not make payment of interest element on date when tax amount was refunded, revenue would be liable to pay interest under section 244A on said amount of interest up to date of payment

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High Court Of Delhi India Trade Promotion Organisation vs. CIT Assessment Years : 1989-90 And 1990-91 Section : 244A Sanjiv

Sec. 158BE, Sec. 158BC

Allahabad H.C : The communication of dismissal of the assessee’s writ petition against the proceedings initiated under section 158BC of the Income-tax Act, 1961, was made to the Assessing Officer on November 9, 2009, and then the Assessing Officer could not have proceeded to take up the assessment proceedings before November 9, 2009, consequently the period of limitation was counted from such date

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High Court Of Allahabad CIT VS. Drs. X-Ray & Pathology Institute (P.) Ltd. Section : 158BE, 158BC Sunil Ambwani And

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