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280 ITR

Sec. 244A, Section 237, Section 240, Section 243, Section 244

S.C : Whether an assessee is entitled to be compensated by the Income-tax Department for the delay in paying to the assessee amounts admittedly due to it?

Avijit Das / January 27, 2006

Supreme Court Of India Sandvik Asia Ltd. vs. CIT & Ors. Sections 237, 240, 243, 244, 244A Asst. Years 1977-78, […]

Income Tax Case Laws

AAR : The trust forms part of a pension, profitsharing, or stock bonus plan qualified under s. 401(a) of the USA Internal Revenue Code

Avijit Das / December 14, 2005

Authority For Advance Rulings General Electric Pension Trust, In Re Syed Shah Mohammed Quadri, J., Chairman & A.S. Narang, Member

AAR : Whether the activity of providing/selling space for advertisement on ‘Google Website’ as proposed to be carried out by the applicant and as detailed in Annex. 1 of this application, is classifiable under any of the below mentioned heads of taxable services or as any other taxable service enumerated in Chapter V

Avijit Das / December 13, 2005

Authority For Advance Rulings Google Online India (P) Ltd., In Re Sections 1994FA 65(2), 1994FA 65(3), 1994FA 65(19a), 1994FA 65(105)(e),

S.C : Declaration was made by it that its profits out of export of trading goods were ‘negative’

Avijit Das / December 8, 2005

Supreme Court Of India ITO vs. Induflex Products (P) Ltd. Sections 80HHC(1), 80HHC(3) Asst. Year 1994-95 S.B. Sinha & R.V.

Sec. 158BC, Section 263

Madhya Pradesh H.C : Whether the Tribunal was justified in overturning and unsettling the order of the CIT passed under s. 263 of the IT Act, 1961, on the ground that the CIT had not recorded reasons that there had been prejudice to the interests of the Revenue but solely on the foundation that the AO did not have the ample opportunity to proceed with the assessment and there was no sufficient time on the part of the Addl. CIT to check the order of assessment passed by the original authority ?

Avijit Das / November 21, 2005

High Court Of Madhya Pradesh CIT vs. Associated Food Products (P) Ltd. Sections 158BC, 263 Asst. Year Block period 1989-90

Gujarat H.C : Whether, on the facts and circumstances of the case, the ITO was justified in reopening the assessment under s. 147(a) of the IT Act ?

Avijit Das / November 14, 2005

High Court Of Gujarat Murlidhar Lahorimal vs. CIT Section 68 Asst. Year 1981-82 D.A. Mehta & Ms. H.N. Devani, JJ.

Sec. 260A, Section 119, Section 45, Section 55

Delhi H.C : The CBDT and held that the amendment to s. 55 notwithstanding, receipts of the kind we are concerned with were not exigible to tax as the same were to be treated as capital receipts

Avijit Das / November 8, 2005

High Court Of Delhi CIT vs. Milk Food Ltd. Sections 45, 55(2)(a), 119, 260A Asst. Year 1996-97 T.S. Thakur &

Allahabad H.C : Whereas I have reason to believe that your income chargeable to tax for the asst. yr. 2000-01 has escaped assessment within the meaning of s. 147

Avijit Das / November 8, 2005

High Court Of Allahabad Mithlesh Kumar Tripathi vs. CIT & Ors. Section 148(2) Asst. Years 1998-99, 1999-2000, 2000-01 A.K. Yog

Andhra Pradesh H.C : The Supreme Court accordingly directed the Cabinet Secretary to handle the matter and report to the Court as to why the litigation is being conducted “when the two sides are a public sector undertaking and the Union of India

Avijit Das / November 3, 2005

High Court Of Andhra Pradesh Andhra Pradesh Power Generation Corporation Ltd. vs. Assistant Commissioner Of Income Tax & Anr. Section

Sec. 119(2)(b), Section 119, Section 237

Bombay H.C : There is no provision under the Act to refund the amount to a person who is not an assessee or a deemed assessee

Avijit Das / October 28, 2005

High Court Of Bombay BASF (India) Ltd. & Anr. vs. W. Hasan, CIT & Ors. Sections 119, 119(2)(b), 237 Asst.

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