Month: November 2014

Madras H.C : The transaction between the appellant and the distributors of its prepaid SIM cards and recharge coupons was a contract of agency and not on a principal-to-principal basis

High Court Of Madras Vodafone Cellular Ltd. Vs. CIT (Appeals) -II, Coimbatore Assessment Years : 2012-13 To 2014-15 Section : 220 T.S. Sivagnanam, J. W.P. Nos. 30650 To 30652 Of 2014 & Connected MPS. November 26, 2014 ORDER 1. Since the prayer sought for in all these Writ Petitions are identical these Writ Petitions were heard …

Delhi H.C : It is only when voluntary disallowance made by assessee under section 14A is found to be unsatisfactory on examination of accounts, that Assessing Officer is entitled and authorised to compute deduction under rule 8D

High Court Of Delhi CIT-VI Vs. Taikisha Engineering India Ltd. Section 14A Assessment years 2008-09 and 2009-10 Sanjiv Khanna And V. Kameswar Rao, JJ. IT Appeal Nos. 115 & 119 Of 2014 November 25, 2014 JUDGMENT Sanjiv Khanna, J. – These two appeals by the Revenue under Section 260A of the Income Tax Act, 1961 (‘Act’ …

Bombay H.C : Whether a mistake from any source be it parties or Tribunal so long as it becomes a part of record, would require examination by Tribunal under section 254(2) and cannot be dismissed at threshold

High Court Of Bombay Supreme Industries Ltd. Vs. ACIT Section 254 Assessment Years : 1999-2000 To 2001-02 M.S. Sanklecha And M.S. Sonak, JJ. Writ Petition Nos. 2548 & 2722 Of 2014 Writ Petition (L) No. 2152 Of 2014 November 24, 2014 ORDER 1. At the request of the Counsel for both the sides, these three Petitions …

Punjab & Haryana H.C : the hon’ble Income-tax Appellate Tribunal was right in law in directing the Assessing Officer to apply the net profit rate of 6 per cent. against 12 per cent. whereas the hon’ble Punjab and Haryana High Court itself in different set of facts had applied the net profit rate of 10 per cent

High Court Of Punjab And Haryana CIT vs. Rajinder Parshad Jain Section : 145 Assessment Year : 2008-09 Rajive Bhalla And B.S. Walia, JJ. IT Appeal No. 228 Of 2014 (O & M) November 20, 2014 JUDGMENT Rajive Bhalla, J. – The Revenue is before us challenging the order dated August 28, 2012, passed by the …

Calcutta H.C : the appeal filed by the assessee as well as on law in upholding the decision of the Commissioner of Income-tax (Appeals) in deleting the addition of Rs. 4,17,27,868 made by the Assessing Officer on the ground of additional depreciation without appreciating the fact that the case of the assessee falls under clause (i) of sub-section (1) of section 32 for which there is no additional depreciation available in clause (iia) of sub-section (1) of section 32

High Court Of Calcutta CIT, Kolkata-I vs. Ankit Metal and Power Ltd. Section : 32 Assessment Year : 2008-09 Soumitra Pal And Arindam Sinha, JJ. I.T.A.T. No.78 Of 2014 G.A. No. 1936 Of 2014 November 20, 2014 JUDGMENT The Court – This appeal was heard extensively on November 11, 2014, as well as today. 2. The …

Andhra Pradesh And Telangana H.C : the deduction of the interest that accrued on the FDRs, the Assessing Officer examined the document from the point of view of section 171 of the Act

High Court Of Andhra Pradesh And Telangana P. Shankaraiah Yadav (HUF) vs. ITO Section 171 Assessment Years 1991-92 To 1996-97 L. Narasimha Reddy And Challa Kodanda Ram, JJ. I.T.T.A. Nos. 3,26,29 & 30 Of 2004 November 19, 2014 JUDGMENT L. Narasimha Reddy, J. – This batch of appeals raises the questions of some general importance and …

Calcutta H.C : The assessment order under section 143(3) of the Income-tax Act, 1961, dated March 31, 2005, received by the respondent-assessee on April 13, 2005, was barred by limitation and as such perverse

High Court Of Calcutta CIT vs. Binani Industries Ltd. Section 143, 153 Assessment year 2002-03 Soumitra Pal And Arindam Sinha, JJ. I.T.A.T. No. 54 Of 2014 G.A. No. 1637 Of 2014 November 19, 2014 JUDGMENT 1. This appeal under section 260A of the Income-tax Act, 1961, preferred by the Revenue against the consolidated order dated November …

Sikkim H.C : The State of Sikkim with effect from April 1, 1990, the Sikkim State Income-tax Manual, 1948, stands repealed and the assessments made thereunder for the accounting years 1996-97 to 2004-05 (assessment years 1997-98 to 2005-06) would be without authority of law

High Court Of Sikkim Sikkim Manipal University Vs. State Of Sikkim Assessment Years : 1997-98 To 2005-06 Section : 1 Sunil Kumar Sinha, Actg. CJ. And S.P. Wangdi, J. W.P. (C) No. 30 Of 2013 November 18, 2014 JUDGMENT Sunil Kumar Sinha, Actg. CJ. – A short question involved in this writ petition is : “Whether, …
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