Month: April 2015

Delhi H.C : Whether the finding of the Income-tax Appellate Tribunal accepting the genuineness of the loss as declared in respect of shares purchased and sold or held as stock-in-trade is perverse?

High Court Of Delhi CIT vs. Vishishth Chay Vyapar Ltd. Section 28(i) Assessment years 1997-98 to 1999-2000 S. Ravindra Bhat And Vibhu Bakhru, JJ. IT Appeal Nos. 1105, 1106 & 1107 Of 2010 April 30, 2015 JUDGMENT 1. The judgment of the court was delivered by 2. Vibhu Bakhru J. – These appeals, preferred by the …

Gujarat H.C : The petitioner has prayed to quash and set aside the impugned notice under section 148 of the Income Tax Act (for short “the Act”) dated 27.3.2014 issued by the respondent herein, by which the assessment for AY 2009-2010 is sought to be reopened in exercise of powers under section 147

High Court Of Gujarat Sai Consulting Engineers (P.) Ltd. vs. DCIT-Circle 4(1) Section 40(a)(i) Assessment year 2009-10 M.R. Shah And S.H. Vora, JJ. Special Civil Application No. 1118 Of 2015 April 29, 2015 JUDGMENT M.R. Shah, J. – By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed to …

Bombay H.C : the decision of CIT(A) that B4U cannot be treated as dependent agent of assessee despite various clauses of the agreement between the assessee and B4U demonstrating that the case is covered by Article 5(4) and Article 5(5) of Indo Mauritius Treaty

High Court Of Bombay Director of Income-tax (IT) –II vs. B4U International Holdings Ltd. Section 9 S.C. Dharmadhikari And A.K. Menon, JJ. IT Appeal Nos. 1274,1557,1599 And 1621 Of 2013 April 29, 2015 JUDGMENT S.C. Dharmadhikari, J. – These appeals by the Revenue and for several assessment years, project the following questions as substantial questions of …

Bombay H.C : The amounts paid by these three agents to the assessee is consideration/fees for technical services rendered by the assessee and, accordingly, held them to be taxable in India under Article 13(4) of the DTAA and assessed tax at 20% under section 115A

High Court Of Bombay Director of Income-tax (IT)-I, Mumbai vs. A.P. Moller Maersk A/S Section 9 S.C. Dharmadhikari And A.K. Menon, JJ. IT Appeal Nos. 1306,1456,1487,1488,1688,1690,1780 & 2509 Of 2013 April 29, 2015 JUDGMENT A.K. Menon, J. – The present set of appeals involve a common set of questions which have been proposed as substantial questions …

Calcutta H.C : he Income-tax Appellate Tribunal was correct in law in deleting the addition of Rs. 41,15,000, which was made by the Assessing Officer under section 68 of the Income-tax Act, 1961, and which was upheld by the Commissioner of Income-tax (Appeals) by ignoring the facts recorded by the Assessing Officer as also the Commissioner of Income-tax (Appeals) and whether in such view of the mater the decision of the Tribunal could be said to be perverse

High Court Of Calcutta CIT vs. Mihir Kanti Hazra Section 68 Assessment year 2006-07 Girish Chandra Gupta And Arindam Sinha, JJ. I.T.A.T. No. 46 Of 2015 G.A. Nos. 904 & 905 Of 2015 April 28, 2015 JUDGMENT 1. The application for condonation of delay of 38 days in filing the appeal, after hearing the parties, is …

AAR : after filing the application when the matter proceeded before the Assessing Officer on the basis of the return filed by the applicant for those proceedings the Assessing officer was not informed about the applicant having filed the present application before this Authority

Authority For Advance Rulings Soregam S.A. Belgium, In re Section 245Q V.S. Sirpurkar, Chairman And A.K. Tewary, Member Revenue AAR No. 1446 Of 2013 April 27, 2015 JUDGMENT 1. Ruling 1.1 Heard both the sides. The Revenue has taken an objection. The first objection is that after filing the application when the matter proceeded before the …

AAR : The Applicant Also Relies On The Double Taxation Avoidance Agreement (Dtaa) Between India And Belgium And Also The Dtaa Between India And Portugal

Authority For Advance Rulings (Income Tax), New Delhi Magotteaux International S. A., Belgium, In Re Section 245U V.S. Sirpurkar, Chairman And A.K. Tewary, Revenue Member A.A.R. No. 1447 Of 2013 April 27, 2015 Ruling 1. Heard Shri Piyush Kaushik On Behalf Of The Applicant And Shri Kanv Bali And Ms. Anusha Khurana On Behalf Of The …

Gujarat H.C : the appellate Tribunal is right in deleting the disallowance made on account of interest expenditure u/s 14A r.w.r. 8D though assessee suo motu disallowed the amount on ad hoc basis

High Court Of Gujarat Pr. CIT vs. India Gelatine And Chemicals Ltd. Section 14A Assessment year 2009-2010 M.R. Shah And S.H. Vora, JJ. Tax Appeal Nos. 276 And 277 Of 2015 April 27, 2015 JUDGMENT M.R. Shah, J. – As common question of law and facts arise in both these Tax Appeals challenging the impugned common …
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