February 2017 – taxcaselaw.com

Madras H.C : Where assessee received interest free security deposit from persons who had taken on lease infrastructure set up in IT parks of assessee and invested such amount in fixed deposits with banks, interest income derived from fixed deposits would not amount to an income derived from business of developing SEZ

High Court Of Madras Cyber Pearl Information Technology Park (P.) Ltd. Vs. ITO, Company Ward I(1), Chennai Section 80-IAB Assessment Year 2009-10 Rajiv Shakdher And M. Sundar, JJ. T.C.(Appeal) No. 701 Of 2016 February Â 27, 2017 JUDGMENT Rajiv Shakdher, J. – This is an appeal directed against the order dated 29.04.2016, passed by the Income Tax …

Gujarat H.C : Whether the Appellate Tribunal is right in law and on facts in recalling its entire earlier order dated 17.11.2006 on the ground that ground Nos. 1 and 2 were allegedly not disposed of

High Court Of Gujarat CIT-II vs. Bipinchandra Chimanlal Doshi Section 158BD, 158BC M.R. Shah And B.N. Karia, JJ. Tax Appeal Nos. 866 Of 2008 And 1002 & 2397 Of 2010 February Â 27, 2017 JUDGMENT M.R. Shah, J.Â – As all these appeals are with respect to common assessee and are interconnected, all these appeals are decided and …

Punjab & Haryana H.C : the assessee be treated as registered trust though the trust was not registered under section 12A

High Court Of Punjab & Haryana CIT (Exemptions) vs. Shanti Devi Educational Trust Section 10(23C)(iiiad) Asst. Year 2007-08 Ajay Kumar Mittal & Ramendra Jain, JJ. ITA No. 282 of 2015 23rd February, 2017 Counsel Appeared: Denesh Goyal, Adv. for the Petitioner.: Ved Jain, Adv. for the Respondent. AJAY KUMAR MITTAL, J. 1. This appeal has been …

Karnataka H.C : Process of bottling of gas into cylinders for domestic use by complex technical process undertaken in plant with machinery amounts to production or manufacture of gas-cylinders for purposes of deduction under sections 80-I, 80-IA and 80HH

High Court Of Karnataka Flipkart India (P.) Ltd. vs. ACIT, Circle 3(1)(1), Bengaluru Section 226, 246 Assessment years 2014-15 and 2015-16 Raghvendra S. Chauhan, J. Writ Petition Nos. 1339 – 1342 Of 2017 (T-It) February Â 23, 2017 ORDER A.K. SIKRI, J.Â – The question of law that arises of consideration in all these appeals, which are filed …

Gujarat H.C : the corporate veil of a company is lifted and the directors are held to be defaulters within the meaning of Section 179

High Court Of Gujarat Ajay Surendra Patel vs. DCIT Section : 179 Akil Kureshi And A.J. Shastri, JJ. Special Civil Application No. 6580 Of 2016 February 23, 2017 JUDGMENT A.J. Shastri, J. – The petitioner, by way of present petition, has challenged the legality, validity and propriety of an order dated 31.3.2016 issued under Section 179 …

Bombay H.C : Revenue has filed this application under Section 256 (2) of the Income Tax Act, 1961 for referring the questions of law stated in the memorandum of application for recording the opinion of the High Court on the same

High Court Of Bombay CIT, Nagpur vs. Vidarbha Tobacco Products (P.) Ltd. Section : 145 Smt. Vasanti A. Naik And V.M. Deshpande, JJ. IT Application No. 46 Of 1997 February 23, 2017 JUDGMENT Smt. Vasanti A. Naik, J. – The applicant – Revenue has filed this application under Section 256 (2) of the Income Tax Act, …

Gujarat H.C : Whether the ITAT has erred in law in deleting the addition made by the Assessing Officer on account of upward adjustment to the arm’s length price adjustment of Rs. 1,48,43,000/= to the payment of technical services paid by assessee to its associated enterprise ?

High Court Of Gujarat Pr. CIT vs. Woco Motherson Advanced Rubber Technologies Ltd. Section 10AA, 143(3), 144C Asst. Year 2011-2012 M.R. Shah & B. N. Karia, JJ. TAX APPEAL No. 129 of 2017 20th February, 2017 Counsel Appeared: Pranav G Desai, Advocate for the Appellant(s) M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the …

Karnataka H.C : The assessee failed to produce these transporters/Trade creditors before the Assessing Authority, despite the summons issued to them under Sections 131 and 133

High Court Of Karnataka Pr. CIT, (Central), Bengaluru vs. Ramgopal Minerals Section : 41(1) Assessment year 2010-2011 Dr. Vineet Kothari And Sreenivas Harish Kumar, JJ. IT Appeal No.100139 Of 2015 February 20, 2017 JUDGMENT Dr. Vineet Kothari, J. – The Revenue has filed this appeal U/S. 260A of the Income Tax Act, 1961 (for Short, ‘the …

S.C : The income from the use of Global Telecommunication Facility called ‘Maersk Net’ can be classified as income arising out of shipping business and not as fees for technical services

Supreme Court Of India Director Of Income-Tax (IT)-I vs. A.P. Moller Maersk A S Section 9 A.K. Sikri And Abhay Manohar Sapre, JJ. Civil Appeal Nos. 8040 Of 2015 & 2958 To 2964 Of 2017 February 17, 2017 JUDGMENT A.K. Sikri, J. – Delay condoned. 2. Leave granted in all SLPs. 3. In these appeals, which …

Delhi H.C : Deduction of income-tax at source under section 194-I applies in case of payment by way of rent to Government, statutory authorities referred to in section 10(20A) and local authorities whose income under the head “Income from house property” or “Income from other sources” is exempt from income-tax

High Court Of Delhi Rajesh Projects (India) (P.) Ltd. vs. CIT (Tds)-II Section 194-I, 201 Assessment years 2011-12 to 2013-14 S. Ravindra Bhat And Najmi Waziri, JJ. W.P. (C.) Nos. 8085 Of 2014, 7682 & 10896 Of 2015 & 565, 1214, 1546 & 2649 Of 2016 February 16, 2017 Judgment S. Ravindra Bhat, J. – This …

Month: February 2017