Month: April 2017

Bombay H.C : The Commissioner of Income Tax was justified in invoking the jurisdiction under Section 263 of the Income Tax Act to remand the matter to the Assessing Officer in respect of allowance of Corporate Social Responsibility claim of the appellant – assessee

High Court Of Bombay MOIL Ltd. vs. CIT-I, Nagpur Section 37(1), 263 Assessment year 2009-10 Smt. Vasanti A. Naik And Mrs. Swapna Joshi, JJ. IT Appeal No. 67 Of 2016 April  26, 2017 JUDGMENT Smt. Vasanti A. Naik, J. – The Income Tax Appeal is admitted on the following substantial question of law :— “Whether the Commissioner …

Gujarat H.C : the petitioner has prayed for issuance of appropriate writ, and/or order directing the respondents to refund of amount of Rs. 13,51,714/= seized and withheld by the respondent no. 1 from 18th March 2011 along with interest payable under Section 244A

High Court Of Gujarat Rajesh Vachhani vs. Pr.CIT Section 132, 244A Asst. Year 2011-2012 M. R. Shah & B. N. Karia, JJ. Special Civil Application No. 4607 of 2017 26th April, 2017 Counsel appeared: Dipen C Shah, Advocate for the Petitioner.: KM Parikh, Advocate for the Respondent M. R. SHAH, J. 1. By way of this …

Gujarat H.C : The payment made towards supply of design and drawings to a non-resident architect firm was outright purchase and not taxable as royalty or FTS under Section 9(1) of the Income Tax Act, 1961

High Court Of Gujarat CIT vs. Creative Infocity Ltd. Section  9, 195 Assessment year 2004-05 M.R. Shah And B.N. Karia, JJ. Tax Appeal No. 96 Of 2017 April  25, 2017 JUDGMENT M.R. Shah, J. – Feeling aggrieved and dissatisfied with the impugned judgment and order dated 21.09.2016 passed by the learned Income Tax Appellate Tribunal, Ahmedabad (hereinafter …

Madras H.C : The assessment of share capital contribution in terms of Section 68 of the Act even though the decision of the Supreme Court in the case of M/s. Steller Investments Limited would nullify such an action in the hands of the Appellant on various grounds

High Court Of Madras B.R. Petrochem Pvt. Ltd. vs. ITO Section 260A Asst. Year 2001-02 Huluvadi G. Ramesh & Anita Sumanth, JJ. Tax Case (Appeal) No.1498 of 2007 24th April, 2017 Counsel appeared: S. Sridhar for the Appellant. : T. Ravikumar for the Respondent. DR.ANITA SUMANTH, J.: 1. The following Substantial Questions of Law have been …

S.C : whether the payment of consideration receivable by FOWC in terms of the said RPC from Jaypee was or was not royalty as defined in Article 13 of the ‘Double Taxation Avoidance Agreement’ (DTAA) entered into between the Government of United Kingdom and the Republic of India?

Supreme Court Of India Formula One World Championship Ltd. vs. CIT, (International Taxation)-3, Delhi Section 9, 195 A.K. Sikri And Ashok Bhushan, JJ. Civil Appeal Nos. 3849 To 3851 Of 2017 April 24, 2017 JUDGMENT Introduction A.K. Sikri, J.– These appeals are filed by Formula One World Championship Limited (hereinafter referred to as ‘FOWC’), Jaypee Sports …

APPENDIX

APPENDIX TEXT OF REMAINING PROVISIONS OF ALLIED ACTS REFERRED TO IN INCOME-TAX ACT SECTION 5(c) OF BANKING REGULATION ACT, 1949 Interpretation. In this Act, unless there is anything repugnant in the subject or context,— (c) “banking company” means any company which transacts the business of banking in India. Explanation.—Any company which is engaged in the manufacture …

THE FOURTEENTH SCHEDULE

  THE FOURTEENTH SCHEDULE LIST OF ARTICLES OR THINGS OR OPERATIONS PART A FOR THE NORTH-EASTERN STATES 1. Fruit and Vegetable Processing industries manufacturing or producing— (i) Canned or bottled products; (ii) Aseptic packaged products; (iii) Frozen products; (iv) De-hydrated products; (v) Oleoresins. 2. Meat and Poultry Product industries manufacturing or producing— (i) Meat Products (buffalo, …
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