Tag: 359 ITR

Bombay H.C : In terms of Article 27 of India-US DTAA read with MoU, suspension of assessment and collection of tax takes place as soon as an application is made to Competent Authorities to settle dispute under MAP proceedings and revenue is secured by tax payer by furnishing a bank guarantee and, such a benefit cannot be denied by holding that issue raised by tax payer has not been admitted for consideration under MAP proceedings

High Court Of Bombay UPS Worldwide Forwarding Inc. VS. ADIT (International Taxation) Assessment Year : 2010-11 Section : 90 Mohit S. Shah, Cj. And M.S. Sanklecha, J. Writ Petition No. 1455 Of 2013 October  25, 2013 JUDGMENT M. S. Sanklecha J. – RULE, returnable forthwith and by consent of the parties, taken up for final disposal. 2. …

Bombay H.C : Whether the Tribunal has power in terms of Rule 24 of the Tribunal Rules to dismiss an appeal before it without considering the merits of the appeal and only on the ground for want of prosecution?

High Court Of Bombay Bharat Petroleum Corporation Ltd. VS. Income Tax Appellate Tribunal Assessment Year : 2000-01 Section : 254 Mohit S. Shah, Cj. And M.S. Sanklecha, J. Writ Petition No. 1740 Of 2013 October  23, 2013 JUDGMENT M.S. Sanklecha, J. – Rule Returnable forthwith. 2. At the instance and request of the Counsel for both the sides the …

Delhi H.C : Capital gains that had arisen to Scottish company on sale of equity shares of Indian group company to another foreign company for consideration in foreign currency is liable to tax deduction at lower rate of 10 per cent

High Court Of Delhi Cairn Uk Holdings Ltd. V. DIT Assessment Year : 2010-11 Section : 112, 48 Sanjiv Khanna And Sanjeev Sachdeva, Jj. Writ Petition (Civil) No. 6752 Of 2012 October  7, 2013 ORDER Sanjiv Khanna, J. – Cairn U.K. Holdings Limited questions order dated 1st August, 2011 passed by the Authority for Advance Rulings …

Andhra Pradesh H.C : Where settler of assessee-trust gave a property to trust which was subject to first charge under Estate Duty Act, in view of fact that on acquisition of said property entire compensation amount was appropriated for payment of estate duty arrears, and nothing remained there for utilisation of trust, there was no violation of provisions of section 13(1)(c) and 13(3) and, therefore, assessee’s claim for exemption under section 11 was to be allowed

High Court Of Andhra Pradesh CIT, AP-I, Hyderabad VS. Trustees Of Heh The Nizam’s Mukarramjah Trust For Education & Learnings Assessment Years : 1982-83 And 1983-84 Section : 13, 11 Kalyan Jyoti Sengupta, Cj. And K.C. Bhanu, J. R.C. No. 53 Of 1993 September  27, 2013 ORDER Kalyan Jyoti Sengupta, CJ. – This case has been referred under …

Delhi H.C : not deciding the issue which was before it namely whether Rs. 3,95,11,874/- being the excise duty on raw material consumed during the year is allowable u/s. 37(1) as claimed by the respondent before A.O.

High Court Of Delhi CIT, Delhi-I Vs. Samtel India Ltd. Assessment Year : 1995-96 Section : 37(1) Sanjiv Khanna And Sanjeev Sachdeva, Jj. It Appeal No. 130 Of 2000 September  26, 2013 ORDER Sanjiv Khanna, J. – This appeal by the Revenue, which pertains to Assessment Year 1995-96, was admitted for hearing vide order dated 30th …

Delhi H.C : Where export commission were paid outside India to Non-resident prior to applicability of Circular No. 7 of 2009, same was not chargeable to tax in India under section 9(1)(vii)

High Court Of Delhi CIT-I Vs. Angelique International Ltd. Assessment Year : 2009-10 Section : 9, 195, 40(a)(i) Sanjiv Khanna And Sanjeev Sachdeva, Jj. It Appeal Nos. 280 & 454 Of 2013 September  23, 2013 JUDGMENT Sanjiv Khanna, J. – Revenue by this appeal under Section 260A of the Income Tax Act (Act, for short) claims that …
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