November 2016 – taxcaselaw.com

Delhi H.C : The entire consideration received/ receivable under the RPC was in nature of business income and not ‘royalty’ as defined both under the Act and the DTAA

High Court Of Delhi Formula One World Championship Ltd. vs. CIT, International Taxation-3 Section : 9, 195 S. Ravindra Bhat And Najmi Waziri, JJ. W.P.(C) Nos. 9509, 10307 & 10145 Of 2016 C.M. Appl. Nos. 38021, 40169, 40563, 40564, 41063, 41235 & 41236 Of 2016 November 30, 2016 JUDGMENT S. Ravindra Bhat, J. – This judgment …

S.C : Application for oral hearing is rejected.

Supreme Court Of India Preetam Singh Luthra vs. CIT-II Section 28(i) Assessment Year 2006-07 Ranjan Gogoi And Prafulla C. Pant, JJ. Review Petition (Civil) No. 3653 Of 2016 Civil Appeal No. 7169 Of 2016 November 30, 2016 ORDER 1. Delay condoned. 2. Application for oral hearing is rejected. 3. This Review Petition has been filed against …

S.C : ‘salary amount’ on which interest would be chargeable/leviable under Section 234B and 234C of the Income Tax Act, 1961

Supreme Court Of India Ian Peter Morris vs. ACIT Section 234B, 234C Ranjan Gogoi And N.V. Ramana, JJ. Special Leave To Appeal (C) No. 1196-1197 Of 2013 And Civil Appeal No. 11385-11386 Of 2016 November 29, 2016 ORDER 1. Leave granted. 2. The appellant – Assessee along with three others had promoted a Company, namely, ‘Log …

Gauhati H.C : The transport subsidy received by the assessee during the assessment year 2001-02 was in the nature of revenue receipt and not capital receipt and thus taxable in the hands of the assessee

High Court Of Gauhati Shiv Shakti Flour Mills (P.) Ltd. vs. CIT, Assam Section 4 Assessment Year 2010-11 Hrishikesh Roy And Nelson Sailo, JJ. IT Appeal No. 6 Of 2014 November 29, 2016 JUDGMENT Hrishikesh Roy, J. – Heard Mr. R.P. Agarwalla, the learned senior counsel along with learned advocate Mr. R. Goenka for the appellant …

S.C : The Assessee has been subjected to payment of income-tax on capital gains accruing from land acquisition compensation and sale of land

Supreme Court Of India Ashok Prapann Sharma vs. CIT Section : 55, 48, 260A Assessment Year : 1989-90 Ranjan Gogoi And N.V. Ramana, JJ. Civil Appeal No. 2314 Of 2007 November 24, 2016 ORDER 1. The Assessment Year in question is 1989-1990. The Assessee has been subjected to payment of income-tax on capital gains accruing from …

Patna H.C : the petitioner does not fulfil the conditions as laid down in clauses (ii) and (iii) of Section 80G (5)

High Court Of Patna Shri Mahavir Sthan Nyas Samiti vs. Union Of India Section 80G, 12AA, 13 Ramesh Kumar Datta And Smt. Anjana Mishra, JJ. Civil Writ Jurisdiction Case Nos. 20698 Of 2010 And 2468 & 2634 Of 2011 November 23, 2016 ORDER Ramesh Kumar Datta, J. – Heard learned counsels for the petitioners in all …

Patna H.C : No order under Section 245D (4) was being passed in the case of the three applicants and that being so, the settlement applications filed by the three petitioners were rejected

High Court Of Patna Lal Bahadur Singh vs. Union Of India Section 245D Ramesh Kumar Datta And Smt. Anjana Mishra, JJ. Civil Writ Jurisdiction Case Nos. 21032, 21039 And 20793 Of 2014 November 23, 2016 JUDGMENT Ramesh Kumar Datta, J. – Heard learned counsel for the petitioners in all the three writ petitions and learned Senior …

Karnataka H.C : No reasons are recorded for rejecting the application filed under Section 220(2) of the Income Tax Ac

High Court Of Karnataka Mookambika Associates vs. Assistant Commissioner Of Income-Tax, Central Circle 2 (1), Bengaluru Section 220, 222 Jayant Patel And P.S. Dinesh Kumar, JJ. Writ Appeal Nos. 4435-4436 Of 2015 (T-It) November 23, 2016 ORDER Jayant Patel, J. – The present appeals are directed against the order dated 4th September 2015 passed by the …

Delhi H.C : The satisfaction note was flawed and could not withstand scrutiny under Section 153(C) of the Income Tax Act, 1961

High Court Of Delhi Pr.CIT-8 vs. Super Malls (P.) Ltd. Section 153C S. Ravindra Bhat And Najmi Waziri, JJ. IT Appeal Nos. 449 To 451 & 453 Of 2016 CM Nos. 26463,26464 & 26466 Of 2016 November 22, 2016 ORDER CM Nos.26463, 26464 & 26466/2016 (for exemption) 1. Allowed, subject to all just exceptions. 2. The …

Gauhati H.C : There was justifiable material/reasons to issue notice under Section 148 of the Income Tax Act, 1961 for reopening of the assessment for the Years 2004-2005

High Court Of Gauhati Guwahati Metropolitan Development Authority vs. CIT, Guwahati â€“II Section 43(3), 32 And 147 Assessment Year 2004-05 Hrishikesh Roy And Nelson Sailo, JJ. IT Appeal Nos. 7 & 8 Of 2014 November 22, 2016 JUDGMENT Hrishikesh Roy, J. – Heard Mr UK Borthakur, the learned counsel for the appellant/assessee. Also heard Mr S …

Month: November 2016