-
S. 268A: Though the low tax effect circular No. 21/2015 dated 10.12.2015 does not refer to references filed u/s 256(1), it has to be held to apply to references as well in view of the objective of the CBDT to focus only on large tax effect matters
CIT vs. Sunny Sounds P. Ltd
(2016) TaxCorp(LJ) 9786 (HC-BOMBAY) · Section 268A
-
HC - Non inclusion of others in the exclusionary Section 95(iii) of the KVSS 1998 will not render the classification done by the parliament as arbitrary or violative of Article 14 of the Constitution of India.
Amit Hemendra Jhaveri vs. Union of India, CIT
(2016) TaxCorp(LJ) 9758 (HC-BOMBAY)
-
HC - The Tribunal has power to extend the stay even after the substituted third proviso to subsection 2A to Section 254 of the Act was introduced.
CIT vs Tata Teleservices (Maharashtra) Ltd
(2015) TaxCorp(LJ) 9746 (HC-BOMBAY)
-
HC - No TDS u/s 195 on commission payments to non-resident agents in respect of sales made outside India.
CIT vs. Gujarat Reclaim & Rubber Products Ltd.
(2015) TaxCorp(LJ) 9735 (HC-BOMBAY)
-
Transfer Pricing: An adjustment with respect to transfer pricing has to be confined to transactions with Associated Enterprises and cannot be made with respect to transactions with unrelated third parties
CIT v. Thyssen Krupp
(2015) TaxCorp(LJ) 9731 (HC-BOMBAY)
-
Thought there is a difference between leasehold right and ownership right as per the Transfer of Property Act, a leasehold land in the possession of the assessee for a term of 95 years is "belonging" to the assessee and is liable for wealth-tax
Jaya Hind Sciaky v. DCIT
(2015) TaxCorp(LJ) 9730 (HC-BOMBAY)
-
Commission earned by a non-resident agent who carried on business of selling Indian goods outside India cannot be said have deemed to be income which has accrued and/or arisen in India. Circular No. 23 of 1969 & Circular No.786 of 2000 were withdrawn on 22.10.2009. The withdrawal of a Circular cannot have retrospective operation
CIT v. Gujarat Reclaim & Rubber Products
(2015) TaxCorp(LJ) 9729 (HC-BOMBAY)
-
HC - Expenditure incurred on stamp duty for acquiring leasehold land for 30 years period is revenue in nature.
CIT vs. Reliance Industrial Infrastructure Ltd.
(2015) TaxCorp(LJ) 9673 (HC-BOMBAY)
-
HC - As there was delay of only a day, CBDT-order rejecting condonation in filing belated return quashed.
Cosme Matias Menezes vs. CIT
(2015) TaxCorp(LJ) 9626 (HC-BOMBAY)
-
S. 32/ 43(6): Even assets installed in a discontinued business are eligible for depreciation as part of 'block of assets'
CIT vs. Sonic Biochem Extractions Pvt. Ltd
(2015) TaxCorp(LJ) 9551 (HC-BOMBAY) · Sections 32, 43(6)
-
HC - No deduction u/s 37 in absence of evidence to prove expenditure for ten years block period.
Harish Textile Engrs Ltd. vs. DCIT
(2015) TaxCorp(LJ) 9357 (HC-BOMBAY) · Section. 292C
-
HC - Expenditure incurred by assessee (an advocate) in connection with treatment of his eyes is not allowable u/s 37
Dhimant Hiralal Thakar vs. CIT
(2015) TaxCorp(LJ) 9286 (HC-BOMBAY) · Section. 37
-
S. 148: If Dept behaves in an irresponsible manner and does not furnish the record reasons on the basis that the assessee was already aware of them, the assessment has to be quashed
CIT vs. Trend Electronics
(2015) TaxCorp(LJ) 9163 (HC-BOMBAY) · Section 148
-
Dept directed to follow directions of Delhi High Court in 352 ITR 273 and to be vigilant and ensure that such mistakes do not occur. Dept directed to set up a self-auditing vigilance cell to redress taxpayers' grievances
Arun Ganesh Jogdeo vs. UOI
(2015) TaxCorp(LJ) 9161 (HC-BOMBAY)
-
HC - Amount received by India branch of a German company for rendering ISO 9000 certification and audit services is not taxable as FTS under Sec 9(1)(vii) or under Article 12 of India-Germany DTAA.
DIT. vs. TUV Bayren (I) Ltd.
(2015) TaxCorp(LJ) 9148 (HC-BOMBAY)
-
For filing frivolous appeals and harassing taxpayers, heavy/exemplary costs to be imposed which will have to be personally paid by the jurisdictional CIT who sanctioned filing of the appeal
CIT vs. Proctor and Gamble Home Products Ltd
(2015) TaxCorp(LJ) 9145 (HC-BOMBAY)
-
HC - Cost of abandoned film is Revenue Expenditure.
CIT. vs. Venus Records and Tapes P Ltd.
(2015) TaxCorp(LJ) 9072 (HC-BOMBAY)
-
HC - No addition of cash withdrawals from bank when credit receipts in bank already taxed
Commissioner of Income-tax – 21 v. Jalaj Batra
(2015) TaxCorp(LJ) 9066 (HC-BOMBAY) · http://taxcorp.in/FileOpenDT.aspx?ID=58737&Category=Judgment&CategoryType=Zip
-
Strictures passed against CBDT for causing ‘very unfair discrimination' between taxpayers by extending due date for filing ROI only for taxpayers in P&H and Gujarat and not for those in other States
The Chamber Of Tax Consultants vs. UOI
(2015) TaxCorp(LJ) 9023 (HC-BOMBAY)
-
CBDT directed to forthwith issue an order u/s 119 to extend the due date for filing ROI to 31.10.2015
The Chamber Of Tax Consultants vs. UOI
(2015) TaxCorp(LJ) 9007 (HC-BOMBAY) · Section. 119
Headnote lines are open to everyone. The full headnote and the judgment text open with a subscription — see plans or sign in.