Month: July 2015

Madras H.C : Whether the Tribunal is right in law in holding that Section 154 (1A) is a bar to the rectification of the errors in question?

High Court Of Madras Indus Finance Corporation Ltd. vs. CIT And Another Section 260A, 154 (1A), 154, 132, 158BC, 158BG, 28, 158, 113 Asst. Year 1993-1994 to 1996-1997 R.Sudhakar & K.B.K.Vasuki, JJ T.C.A. NO. 536 OF 2005 & 590 OF 2008 29th July, 2015 Counsel appeared: S.Sridhar for the. Appellant: M.Swaminathan for the Respondent. R.SUDHAKAR, J: …

AAR : In case of Ruling of the Hon’ble AAR to Question (1) above is yes, what is the rate of tax applicable for computing the amount of income tax chargeable in manner and respect of aforesaid amount received/receivable by the Applicant?

Authority For Advance Rulings (Income-Tax), New Delhi Measurement Technology Ltd. United Kingdom, In re Section 9 Justice V. S. Sirpurkar, Chairman And A.K. Tewary, Revenue Member A.A.R. No. 966 Of 2010 July 29, 2015 RULING A. K. Tewary, Revenue Member – Measurement Technology Ltd (the applicant) is a company incorporated in UK and engaged in the …

Delhi H.C : the assessee is a charitable institution engaged in running a hospital (both allopathic and ayurvedic), which constitutes charitable activity u/s 2 (15) of the Income Tax Act. 1961

High Court Of Delhi Mool Chand Khairati Ram Trust vs. DIT (Exemptions) Assessment Year : 2006-07 Section : 11, 12, 12A, 2(15) Dr. S. Muralidhar And Vibhu Bakhru, JJ. IT Appeal No. 141 Of 2013 July 27, 2015 JUDGMENT Vibhu Bakhru, J. – The Appellant, a Charitable Trust, has preferred the present appeal under Section 260A …

S.C : the assessee has failed to furnish form 3AA along with the return of income. Admittedly, Form 3AA was submitted during the course of assessment proceedings and it is not in dispute that the assessee is entitled to the additional depreciation. In these circumstances, in the light of the judgment of this Court in the case of Commissioner of Income Tax v. Shivanand Electronics [1994] 209 ITR 63 (Bom.), we see no merit in this appeal

Supreme Court Of India CIT, Maharashtra vs. G. M. Knitting Industries (P.) Ltd. Section : 32, 80-IB Assessment year 2005-06 A.K. Sikri And Rohinton Fali Nariman, JJ. Civil Appeal Nos. 10782 Of 2013 & 4048 Of 2014 July 24, 2015 ORDER 1. It would be suffice to reproduce para 2 of the impugned order whereby action …

Delhi H.C : Whether the assessee is entitled to depreciation in respect of the hotel building, under Section 32 of the Act?

High Court Of Delhi CIT vs. Bharat Hotels Section 260A, 143(3), 32, 269 Asst. Year 1989-90, 1990-91, 1991-92, 1992-93, 1993-94 S. Muralidhar & Vibhu Bakhru, JJ. ITA 69/2000, 70/2000, 71/2000, 72/2000, 73/2000 24th July, 2015 Counsel appeared: Ajay Vohra, Senior Advocate with Prakash Kumar and Bhovita Kumar, Advocates for the Petitioner.: N.P. Sahni, Senior Standing counsel …

Punjab & Haryana H.C : Whether the transactions in hand envisage a “transfer” exigible to tax by reference to Section 2(47)(v) of the Income Tax Act, 1961 read with Section 53-A of the Transfer of Property Act, 1882?

High Court Of Punjab And Haryana C.S. Atwal vs. CIT, Ludhiana Assessment Year : 2007-08 Section : 2(47), 45 Ajay Kumar Mittal And Fateh Deep Singh, JJ. IT Appeal No. 200 Of 2013 (O & M) July 22, 2015 JUDGMENT Ajay Kumar Mittal, J. – This order shall dispose of a bunch of 85 appeals bearing …

Delhi H.C : Whether the Income-tax Appellate Tribunal has rightly upheld the decision of the Commissioner of Income-tax (Appeals) allowing the relief to the assessee-company by holding that refund of excise duty amounting to Rs. 12,46,29,000 claimed by the assessee-company from the Director General of Foreign Trade is not income under section 5 read with section 28(iii)(b) of the Act in the hands of the assessee-company ?

High Court Of Delhi Commissioner of Income-tax vs. Maithon Power Ltd. Section 28(iiic) Assessment year 2009-10 Dr. S. Muralidhar And Vibhu Bakhru, JJ. IT Appeal No. 5 Of 2015 July 21, 2015 JUDGMENT 1. This appeal under section 260A of the Income-tax Act, 1961 (“the Act”) is directed against the order dated May 9, 2014, passed …

Kerala H.C : Whether on the facts and circumstances of the case and also in the light of Section 40A(9) of the Income Tax Act, the assessee is entitled to claim deduction of the contribution made by it

High Court Of Kerala CIT, Trivandrum vs. State Bank Of Travancore Assessment Year : 2006-07 Section : 40A(9) Antony Dominic And Shaji P. Chaly, JJ. IT Appeal No. 73 Of 2014 July 21, 2015 JUDGMENT Antony Dominic, J. – This appeal filed by the Revenue is directed against the order passed in ITA 381/13 on the …
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