Month: April 2014

Delhi H.C : The entire expenditure incurred by the assessee on production of programmes which became part of news archives should be allowed as a revenue expense under Section 37 of the Income Tax Act, 1961 and should not be treated as incurred for creating a capital asset

High Court Of Delhi CIT vs. Television Eighteen India Ltd. Assessment Year : 1998-99 Section : 37(1) S. Ravindra Bhat And Vibhu Bakhru, JJ. IT Appeal Nos. 135,437 & 447 Of 2007 April 30, 2014 ORDER 1. In respect of these appeals, the following common questions of law are framed:— “(i) Whether the Income Tax Appellate …

AAR : Whether on the facts and in the circumstances of the case and in law payment to Ms Geetha Kumararaja (hereinafter referred to as “Ms Geatha”) in her bank account in Sri Lanka, of monthly remuneration of retainer fees for services rendered in ‘Sri Lanka should be subjected to tax deduction under the income tax act, in India

Authority For Advance Rulings (Income Tax), New Delhi Oxford University Press, In re Section : 9 Justice Dr. Arijit Pasayat, Chairman And T.B.C. Rozara, Member A.A.R. No. 1110 Of 2011 April 30, 2014 RULING 1. The applicant, Oxford University Press, is an Indian branch of Oxford University Press, U.K., a Department of Oxford University U.K. It is …

Karnataka H.C : Where in pursuance of an agreement entered into between assessee and TATA IBM, a part of business being handled by erstwhile TATA IBM was handed over to assessee company due to bifurcation of software and hardware business, expenditure incurred by assessee on processing domestic customer database and transfer of human skills in terms of said agreement, was to be allowed as business expenditure

High Court Of Karnataka CIT, Central Circle Vs. IBM Global Services India (P.) Ltd. Section 37(1) Assessment years : 1998-99 and 1999-2000. Dilip B. Bhosale And B. Manohar, JJ. IT Appeal No. 735 Of 2007 April 30, 2014 JUDGMENT B. Manohar, J. – The Revenue has preferred this appeal under Section 260A of the Income Tax …

Karnataka H.C : Whether writ jurisdiction under article 226 can not be invoked to challenge correctness or otherwise of notices issued under section 148 and proper remedy is to file an appeal after reassessment order under section 14

High Court Of Karnataka Jeans Knit (P.) Ltd. Vs. DCIT, Circle 11(5) Bangalore Section : 148, 10B Assessment Year : 2006-07 Dilip B. Bhosale And B. Manohar, JJ. Writ Appeal No. 5789 Of 2013 (T-It) April 29, 2014 JUDGMENT Dilip B. Bhosale, J. – This writ appeal is placed before us for admission. We have heard …

Gujarat H.C : Where assessee’s claim for exemption under section 54B was thoroughly scrutinized and Assessing Officer accepted same after examination of all details; assessment proceeding could not be reopened on ground that what assessee sold, was not an agricultural land

High Court Of Gujarat Deepakbhai Ramjibhai Patel Vs. ITO Section 54B, 147 A.Y : 2009-2010 Akil Kureshi And Ms. Sonia Gokani, JJ. Special Civil Application No. 3890 Of 2014 April  29, 2014   ORDER Justice Akil Kureshi, J. – Petitioner has challenged notice dated 21.8.2013 issued under section 148 of the Income Tax Act, 1961 (‘the …

Gujarat H.C : Assessee failed to take measures for protecting property or interest of company and, therefore, impugned order passed by TRO was to be quashed

High Court Of Gujarat Gul Gopaldas Daryani Vs. ITO Section : 179 Assessment Year : 2010-11 Akil Kureshi And Ms. Sonia Gokani, JJ. Special Civil Application Nos. 2257 To 2259 Of 2014 April 29, 2014 JUDGMENT Akil Kureshi, J. – Leave to amend. 2. These petitions are taken up for final disposal. The petitions involve identical …

S.C : Pursuant to scheme of amalgamation, an amalgamating co-operative society cannot carry forward and set off its accumulated losses against profits of amalgamated co-operative society

Supreme Court Of India Rajasthan R.S.S. & Ginning Mills Fed. Ltd. vs. DCIT, Jaipur Section : 72A Anil R. Dave And Shiva Kirti Singh, JJ. Civil Appeal No. 3880 Of 2003 April  29, 2014 JUDGMENT Anil R. Dave, J. – Being aggrieved by the judgment delivered on 19th September, 2002 in Income Tax Appeal No.19 of …

Bombay H.C : Where Commissioner (Appeals) not only examined author of seized document but also allowed Assessing Officer to cross-examine said author, there was no perversity or error of law apparent on face of record in order passed by Commissioner (Appeals) deleting addition of undisclosed income

High Court Of Bombay CIT (Central) VS. Sairang Developers And Promoters (P.) Ltd. Block Assessment Years : 1997-98 To 2002-03 Section : 69B, 132, 158BC S.C. Dharmadhikari And G.S. Kulkarni, JJ. IT Appeal No. 2603 Of 2011 April 28, 2014 ORDER 1. This appeal challenges the order passed by the Income-tax Appellate Tribunal. The block assessment …

Delhi H.C : Where in terms of ‘secondment agreement’ entered into by assessee with overseas companies, employees of those companies used their technical knowledge and skills while assisting assessee in conducting its business of quality control and management, amounts reimbursed by assessee to overseas companies towards salaries of seconded employees amounted to ‘fee for technical services’ liable to tax in India

High Court Of Delhi Centrica India Offshore (P.) Ltd. vs. CIT –I Section : 9 S. Ravindra Bhat And R.V. Easwar, JJ. W.P. (C) No. 6807 Of 2012 April 25, 2014 ORDER S. Ravindra Bhat, J. – The writ petitioner (hereafter called “CIOP”) is aggrieved by the decision of the Authority for Advance Ruling (“the Authority”) …
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