Delhi H.C : Lease equalisation charges cannot be reduced while calculating profits
High Court Of Delhi CIT, Large Taxpayers Unit VS. Indian Railway Finance Corporation Ltd. Assessment Year : 2001-02 Section : […]
Sec. 115JB
October 2013
Sec. 271(1)(c )
S.C : Voluntary disclosure does not release assessee from mischief of penal proceedings under section 271(1)(c)
Supreme Court Of India Mak Data (P.) Ltd. Vs. CIT – II Section : 271(1)(c) K.S. Radhakrishnan And A.K. Sikri,
Section 147, Section 10A
Delhi H.C : Merely because payment against impugned invoice of software export was received in advance, section 10A exemption could not be denied on ground that it was an arbitration award as stamp paper purportedly for arbitration was purchased prior to raising such invoice
High Court Of Delhi Nuwave E Solutions (P.) Ltd. VS. ACIT Assessment Year : 2007-08 Section : 10A, 147 Sanjiv
Sec. 245D
Punjab & Haryana H.C : Where Settlement Commission received a statement made and an affidavit sworn by an officer of department after conclusion of arguments and on basis of said affidavit it made addition to income of assessee and assessee was not confronted with said statement or affidavit, Settlement Commission had violated principles of natural justice rendering impugned order illegal and void
High Court Of Punjab And Haryana Dr. Avtar Singh VS. ITSC Section : 245D Rajive Bhalla And Dr.Bharat Bhushan Parsoon,
Section 90
Bombay H.C : In terms of Article 27 of India-US DTAA read with MoU, suspension of assessment and collection of tax takes place as soon as an application is made to Competent Authorities to settle dispute under MAP proceedings and revenue is secured by tax payer by furnishing a bank guarantee and, such a benefit cannot be denied by holding that issue raised by tax payer has not been admitted for consideration under MAP proceedings
High Court Of Bombay UPS Worldwide Forwarding Inc. VS. ADIT (International Taxation) Assessment Year : 2010-11 Section : 90 Mohit
Sec. 36(1)(iii)
Punjab & Haryana H.C : Where assessee after taking loan from bank gave interest-free advances to its sister concern which had gone into huge loss and there was no commercial expediency in advancing such loan, interest attributable to such loan was to be disallowed
High Court Of Punjab And Haryana C. R. Auluck And Sons (P.) Ltd. VS. CIT Assessment Year : 2005-06 Section
Section 254
Bombay H.C : Whether the Tribunal has power in terms of Rule 24 of the Tribunal Rules to dismiss an appeal before it without considering the merits of the appeal and only on the ground for want of prosecution?
High Court Of Bombay Bharat Petroleum Corporation Ltd. VS. Income Tax Appellate Tribunal Assessment Year : 2000-01 Section : 254
Sec. 10(38)
Delhi H.C : The appellant had earlier filed an appeal before the Allahabad High Court, which was withdrawn for lack of jurisdiction and now this appeal has been preferred before the Delhi High Court. Before issuing notice on the application for condonation of delay
High Court Of Delhi CIT (Central) vs. Express Securities (P.) Ltd. Assessment Year : 2006-07 Section : 10(38) Sanjiv Khanna
Section 12, Sec. 12A, Sec. 12AA, Sec. 2(15)
Madras H.C : Where Commissioner after satisfying himself about genuineness of objects of assessee, a cricket association, granted registration to it under section 12AA on 28-3-2003 and later on 19-7-2011 he having noticed that assessee was receiving income from holding of cricket matches cancelled registration, since objects remained as they were in year 2003, cancellation of registration was not justified
High Court Of Madras Tamil Nadu Cricket Association VS. DIT (Exemptions) Section : 12AA, 2(15), 12, 12A, 13 Mrs. Chitra
Sec. 245D
Bombay H.C : Jurisdiction to determine as to whether a further enquiry or investigation is necessary under section 245D is vested with Settlement Commission
High Court Of Bombay CIT (Central), Pune VS. Income Tax Settlement Commission (ITSC) Section : 245D Dr. D.Y. Chandrachud And
