Month: December 2016

Punjab & Haryana H.C : Whether in fact and circumstances of the case the purpose/objects of the appellant are charitable in nature despite the 2008 Amendment particularly when there is no change in the functions/nature of operation of the Trust?

High Court Of Punjab And Haryana Tribune Trust vs. CIT, Chandigarh Section : 2(15) Assessment Year : 2009-10 S.J. Vazifdar, CJ. And Deepak Sibal, J. It Appeal Nos. 62 Of 2015 And 147 Of 2016 (O & M) December 23, 2016 JUDGMENT S.J. Vazifdar, CJ. – After we reserved judgment in ITA No.62 of 2015, Mrs. …

Madras H.C : Disallowance under Section 14A of the Act r/w. Rule 8D of the Income Tax Rules can be made in a year in which no exempt income has been earned or received by the Assessee

High Court Of Madras Redington (India) Ltd. vs. ACIT, Co. Range-V, Chennai Section : 14A Assessment year : 2007-08 Nooty Ramamohana Rao And Dr. Anita Sumanth, JJ T.C.A. No. 520 Of 2016 December 23, 2016 JUDGMENT Dr. Anita Sumanth, J. – This appeal comes to us at the instance of the assessee raising various substantial questions …

Punjab & Haryana H.C : ITAT was justified in cancelling the order dated 22.09.2009 of Commissioner of Income Tax, Jalandhar-I, Jalandhar wherein approval u/s 80G(5)(vi) of the Income Tax Act, 1961 was denied to the assessee for the period of five years commencing from 2010-11

High Court Of Punjab And Haryana CIT, Jalandhar-I, Jalandhar vs. Gulab Devi Memorial Hospital Trust Section : 80G, 10(23C), 12A S.J. Vazifdar, Cj. And Deepak Sibal, J. It Appeal No. 602 Of 2010 December 23, 2016 ORDER Deepak Sibal, J. -The present appeal under Section 260-A of the Income Tax Act, 1961 (for short – the …

Allahabad H.C : Fee for technical service of 29,40,64, 000/- and royalty payment of 18,55,24,000/- as revenue expenditure inspite of the fact that they were of enduring nature.

High Court Of Allahabad CIT, Ghaziabad vs. Honda Siel Cars India Ltd. Section : 37(1) Assessment years 1999-2000, 2001-04 and 2004-06 Sudhir Agarwal And Dr. Kaushal Jayendra Thaker, JJ. IT Appeal Nos. 503 Of 2008 And 28, 34, 187 & 277 Of 2010 December  21, 2016 ORDER Dr. Kaushal Jayendra Thaker, J. – All these appeals have …

Bombay H.C : The further sum of Rs.50 lakhs transferred from the General Reserve to the Foreign Project Reserve during the pendency of the appeal should not be considered for computing the deduction under Section 80HHB

High Court Of Bombay Reliance Infrastructure Ltd. vs. CIT, City-Vi Mumbai Section 91, 9 M.S. Sanklecha And A.K. Menon, JJ. IT Reference No. 75 Of 1998 December 20, 2016 JUDGEMENT M.S. Sanklecha, J. – By this Reference under Section 256(1) of the Income Tax Act, 1961 (the Act), the Income Tax Appellate Tribunal (the Tribunal) seeks …

Punjab & Haryana H.C : Whether a person who fails to deduct at source under section 194C is not liable to pay interest under section 201(1A) if the payee of such amounts has files a nil return or a return showing a loss?

High Court Of Punjab And Haryana CIT (TDS)-1, Chandigarh vs. Punjab Infrastructure Dev. Board Section 201, 194C Assessment year 2007-08 S.J. Vazifdar, CJ. And Deepak Sibal, J. IT Appeal No. 73 Of 2016 December 20, 2016 ORDER S.J. Vazifdar, CJ. – This is an appeal against the order of the Income Tax Appellate Tribunal, allowing the …

Allahabad H.C : There was no assignment of duties as such in terms of section 10(8) and that under the Agreement between the United States of America and the Indian government there was no specific exemption of salary from tax

High Court Of Allahabad Dr. Jyoti Vajpayee vs. CIT-II Section 10(8) Assessment years 1998-99 to 2000-01 Rajan Roy, J. Misc. Single No. 2555 Of 2003 December 19, 2016 JUDGMENT 1. Heard Shalabh Singh, Advocate for the petitioner and Sri Manish Mishra, Advocate for the Income Tax Department. 2. The income tax department has not filed any …

S.C : Section 10A of the Act is beyond the purview of the computation mechanism of total income as defined under the Act. Consequently, is the income of a Section 10A unit required to be excluded before arriving at the gross total income of the assessee

Supreme Court Of India CIT vs. Yokogawa India Ltd. Ranjan Gogoi And Prafulla C. Pant, JJ. Section 10A Civil Appeal Nos. 8498 Of 2013 & Others December 16, 2016 JUDGMENT Ranjan Gogoi, J. – Leave granted in all the special leave petitions. 2. The true and correct meaning and effect of the provisions of Section 10A …

S.C : The Union of India could have come with a better scheme regard being had to the Statement of Objects and Reasons behind the scheme. He has commended us to paragraph 3

Supreme Court Of India Siddharth Mehta vs. Union of India Section : 199A Dipak Misra And Amitava Roy, JJ. Writ Petition (Civil) No. 1013 Of 2016 December 16, 2016 ORDER 1. Heard Mr. Dhruv Kapur, learned counsel for the petitioner in the presence of petitioner who is personally present. 2. The present writ petition is preferred …
Malcare WordPress Security