Month: December 2013

Andhra Pradesh H.C : Whether conveyance allowance is given for coming from house to office/factory and back instead of providing a vehicle for transportation is liable to be treated as salary for the purpose of deduction of tax at source

High Court Of Andhra Pradesh Sriram Refregeration Industries vs. ITO Assessment Year : 1995-96 Section : 195, 10(14) G. Chandraiah And Challa Kodanda Ram, JJ. IT Appeal No. 71 Of 2000 December 24, 2013 JUDGMENT Challa Kodanda Ram J. – This appeal is preferred by the assessee, against the order dated February 10, 2000, in I. …

Calcutta H.C : Where on basis of ‘information’ that group companies provided accommodation entries, Director of Income-tax founded ‘reason to believe’, same could not be challenged

High Court Of Calcutta Sumermal Jain VS. DCIT, Central Circle -Xvi, Kolkata Section : 131, 132 Sanjib Banerjee, J. Ga No. 3413 Of 2013 W.P. No. 844 Of 2013 December 24, 2013 ORDER 1. In some ways this petition epitomises how resourceful litigants hold the judicial system to ransom and subvert due process if the slightest …

Delhi H.C : Where in course of search proceedings initiated against assessees belonging to MDLR Group, panchnama drawn did not contain their specific names, it amounted to a mere lapse on part of revenue authorities, however, said lapse would not affect validity of search or nullify notices issued under section 153A

High Court Of Delhi MDLR Resorts (P.) Ltd. vs. CIT Section : 153A, 132 Sanjiv Khanna And Sanjeev Sachdeva, JJ. Writ Petition (Civil) Nos. 823 Of 2013 & Others December 20, 2013 ORDER Sanjiv Khanna, J. – This common judgment will dispose of the aforesaid writ petitions. The petitioners for the sake of convenience can be and …

Karnataka H.C : Where assessee-university was a ‘body corporate’ having perpetual succession and a common seal with a power to acquire and hold property and to enter into contract in its name, it could not be regarded as ‘State’ within meaning of article 289(1) of Constitution of India and, thus, it could not be exempted from taxation as envisaged thereunder

High Court Of Karnataka Visvesvaraya Technological University Vs. ACIT, Circle –I Assessment Years : 2004-05 To 2009-10 Section : 10(23C), 4 Dilip B. Bhosale And B. Manohar, Jj. IT Appeal Nos. 5007 -12 Of 2013 December  20, 2013 JUDGMENT Dilip B. Bhosale, J. – These Income Tax appeals are directed against the order dated 21.06.2013 passed …

Andhra Pradesh H.C : Interest u/s.244(1A) of the Income-Tax Act on the refund due accrues on the date when the Appellate Tribunal passed order and did not accrue on any day anterior to the date of the Tribunal order

High Court Of Andhra Pradesh M. Jaffer Saheb vs. CIT, Vijayawada Assessment Year : 1990-91 Section : 5, 244 G. Chandraiah And Challa Kodanda Ram, JJ. R.C. No. 127 Of 1997 December 19, 2013 ORDER Challa Kodanda Ram, J. – At the instance of the Assessee, the Income Tax Appellate Tribunal, Hyderabad Bench “A”, had referred …

Allahabad H.C : The provisions of section 9(1)(vii), read alongwith the explanation introduced by Finance Act, 2010 with retrospective effect from 1.6.1976, of the Income-tax Act, 1961, are applicable for services rendered by the non-resident entities

High Court Of Allahabad CIT (Central) vs. Model Exims Assessment Year : 2008-09 Section : 9, 195 Sunil Ambwani And Surya Prakash Kesarwani, JJ. IT Appeal No. 361 Of 2013 December  17, 2013 ORDER 1. We have heard Shri Bharat Ji Agrawal, Senior Counsel assisted by Shri Ashok Kumar, learned counsel for the income tax department. …

Delhi H.C : Whether the assessment of the Revenue of arm’s length price applying the TNMM method was contrary to the transfer pricing provisions under the IT Act and Rules

High Court Of Delhi Li And Fung India (P.) Ltd. vs. CIT Assessment Year : 2006-07 Section : 92C Ravindra Bhat And R.V. Easwar, JJ. IT Appeal No. 306 Of 2012 December  16, 2013 ORDER S. Ravindra Bhat, J. – The present appeal under Section 260A of the Income Tax Act, 1961 (hereafter ‘the IT Act’) impugns …

AAR H.C : Payment to a non-resident for production of programmes for purpose of broadcasting and telecasting shall not be treated as ‘Fees for Technical Service’

Authority For Advance Rulings (Income Tax), New Delhi Endemol India (P.) Ltd., In Re Section : 9, 194C, 195 Justice Dr. Arijit Pasayat, Chairman And T.B.C. Rozara, Member A.A.R. No. 1083 Of 2011 December 13, 2013 RULING 1. The applicant M/s Endemol India Private Limited (EIPL) is a resident company incorporated under the Companies Act, 1956. …

AAR-New Delhi : Only when issues are shown in return and notice under section 143(2) is issued, question will be considered as pending for adjudication before Income-tax Authorities

Authority For Advance Rulings (Income Tax), New Delhi Mitsubishi Corporation, Japan, In Re Section : 245R, 143 Justice Dr. Arijit Pasayat, Chairman And T.B.C. Rozara, Member A.A.R. No. 1309 Of 2012 December 13, 2013 ORDER 1. The applicant is a company incorporated in Japan and is a tax resident of Japan, as per Article 4 of the …
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