Month: January 2017

Allahabad H.C : Where value of land contributed by assessee in stock of firm was much higher as against its negligible profit sharing in firm, entire transaction of contribution to partnership was a sham, and an attempt to device a method to avoid capital gain tax on transfer of land to firm

High Court Of Allahabad CIT, Lucknow Vs. Carlton Hotel (P.) Ltd. Section 2(47), 45 Assessment year 2004-05 Sudhir Agarwal And Anant Kumar, Jj. IT Appeal No. 31 Of 2009 January  31, 2017 ORDER 1. Heard Shri Alok Mathur for the appellant and Shri Mudit Agarwal for respondent. 2. This is an appeal under Section260A of Income Tax …

Andhra Pradesh H.C : The Tribunal is correct in law in not upholding the decision of the A.O treating the rent receipt as income from house property when the source of income as exploitation of building on a leased land belonging to the partner of the firm

High Court Of Andhra Pradesh Pr.CIT, Guntur vs. Sri Bharathi Warehousing Corporation Section 28(i) Assessment Year 2008-09 Sanjay Kumar And U. Durga Prasad Rao, JJ.  I.T.T.A No. 667 Of 2016 January  30, 2017  JUDGMENT U. Durga Prasad Rao, J. – This appeal is filed under Sec.260-A of Income Tax Act, 1961 (for short I.T. Act) by …

Punjab & Haryana H.C : the assessee-appellant was required to deduct Tax Deduction at Source for the period prior to the date of the issuance of the Certificate dated 26.09.2005 issued by the Assessing Officer of the deductee under Section 197

High Court Of Punjab And Haryana Gopal Cotton Industries (P.) Ltd. vs. CIT, Rohtak Section 40(A)(IA) Assessment Year 2006-07 Ajay Kumar Mittal And Ramendra Jain, JJ. IT Appeal No. 24 Of 2011 (O & M) January 30, 2017 ORDER CM No. 16015-CII of 2012 Ajay Kumar Mittal, J. – This is an application under Section 260A(7) …

Madhya Pradesh H.C : Where in assessment order detailed analysis of various aspects of matter had been done, assessment was already over after notice under section 148 was issued and proceeding held under section 147 had attained finality, in view of assessment order made, it would not be appropriate for Court to go into various aspects of matter and entertain writ petition, particularly when statutory remedy of appeal was available to assessee

High Court Of Madhya Pradesh Neeraj Mandloi Vs. Assistant Commissioner of Income-tax Section : 148 Rajendra Menon, Act. CJ. And H.P. Singh, JJ. Writ Petition No. 1098 Of 2017 January  25, 2017  JUDGMENT Rajendra Menon, Actg. C.J. – Challenge in this writ petition under article 226 of the Constitution of India is made to a reassessment order …

Delhi H.C : The assessees from providing technical services to other airlines is covered by Articles 8(1) and 8(4) of the Double Taxation Avoidance Agreement between India and Germany, and by Articles 8(1) and 8(3) of the Double Taxation Avoidance Agreement between India and Netherlands

High Court Of Delhi Director Of Income-Tax vs. KLM Royal Dutch Airlines Section 9 S. Ravindra Bhat And Najmi Waziri, JJ. IT Appeal Nos. 627 Of 2016 & Others January 25, 2017 ORDER S. Ravindra Bhat, J. – The question of law, that arises from both the appeals, to be determined by the Court is: “Whether …

Kerala H.C : Whether on the facts and in the circumstances of the case and also in the light of the materials and documents relied on in the assessment order the ITAT is right in law and fact in deleting the addition of Rs. 1,17,33,055/- made of unexplained credits

High Court Of Kerala CIT-I, Cochin vs. Universal Empire Educational Society Section 68, 132 and 158BC, 145 Block period : 1-4-1996 – 11-6-2002 Antony Dominic And Dama Seshadri Naidu, JJ. IT Appeal Nos. 210 Of 2010 & 104 Of 2013 January 25, 2017 JUDGMENT Antony Dominic, J. – These appeals filed by the Revenue are directed …

Gujarat H.C : The Tribunal was justified in law in allowing additional depreciation claim of Rs. 2,18,50,976/= @ 20% under Section 32 [1](iia) of the Income-tax Act, 1961 on the machinery purchased before 31st March 2005, but installed after 31st March 2005

High Court Of Gujarat Pr.CIT, Vadodara-2 vs. IDMC Ltd. Section : 32 Assessment year 2006-07 M. R. Shah And B.N. Karia, JJ. Tax Appeal No. 824 Of 2016 January 25, 2017 JUDGMENT M.R. Shah, J. – Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Income Tax Appellate Tribunal, Ahmedabad ‘C’ …

Karnataka H.C : Whether the Tribunal could make any further observations exceeding the observations already made by the Tribunal in respect of the very assessee vide order dated 05.04.2013 in ITA(TP) No.1256(BNG.)/2011

High Court Of Karnataka Fosroc Chemicals (India) (P.) Ltd. vs. DCIT, LTU Section : 92C, 254 Assessment Year : 2007-08 Jayant Patel And P.S. Dinesh Kumar, JJ. IT Appeal Nos. 712 Of 2015 And 15 Of 2016 January 24, 2017 JUDGMENT Jayant Patel, J. – The assessee has preferred I.T.A. No.15/2016 by raising various questions. In …
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