Month: October 2013

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 Khanna And Sanjeev Sachdeva, Jj. W.P. (C.) No. 1607 Of 2013 October  29, 2013 JUDGMENT 1. Nuwave E Solutions (P.) Ltd. has filed the present writ petition for quashing/set aside reassessment proceedings initiated under section 147/ 148 …

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, Jj. CWP No. 1876 Of 2013 October 28, 2013 ORDER Rajive Bhalla, J. – The petitioner challenges order dated 31.7.2012 passed by the Income Tax Settlement Commission. 2. Counsel for petitioner submits that the only point …

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 S. Shah, Cj. And M.S. Sanklecha, J. Writ Petition No. 1455 Of 2013 October  25, 2013 JUDGMENT M. S. Sanklecha J. – RULE, returnable forthwith and by consent of the parties, taken up for final disposal. 2. …

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 : 36(1)(iii) Ajay Kumar Mittal And Jaspal Singh, JJ. IT Appeal No. 128 Of 2011 (O & M) October 23, 2013 JUDGMENT Ajay Kumar Mittal, J. – This appeal has been preferred by the assessee under …

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 Mohit S. Shah, Cj. And M.S. Sanklecha, J. Writ Petition No. 1740 Of 2013 October  23, 2013 JUDGMENT M.S. Sanklecha, J. – Rule Returnable forthwith. 2. At the instance and request of the Counsel for both the sides the …

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 And Sanjeev Sachdeva, JJ. IT Appeal No. 406/2013 CM No. 12622/2013 October 22, 2013 ORDER Sanjiv Khanna, J. – This appeal by the Revenue, which pertains to Assessment Year 2006-07, is delayed by 156 days. The …

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 Venkataraman And T.S. Sivagnanam, Jj. Tax Case (Appeal) No. 450 Of 2013 M.P. No. 1 Of 2013 October 21, 2013 JUDGMENT Mrs. Chitra Venkataraman, J. – The assessee is on appeal as against the order of …

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 M.S. Sonak, Jj. Writ Petition No. 9617 Of 2013 October 21, 2013 JUDGMENT Dr. D.Y. Chandrachud, J. – The Commissioner of Income Tax (Central), Pune has challenged an order passed by the Settlement Commission on 29 …
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