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Sunday is ordinarily not a day for judicial or legal proceedings
State Of U.P.& Others Vs. Ist A.D.J.& Others
(2014) TaxCorp(LJ) 4154 (HC-ALLAHABAD) · Section 22
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Whether when the assessee has submitted detailed explanation in respect of alleged concealment of income, the assessing authority is bound to consider such explanations before invoking penalty proceedings u/s 271(1)(c)
LATE N R PALANIVEL Vs. CIT
(2014) TaxCorp(LJ) 4153 (HC-MADRAS) · Income tax - Sections 133A, 260A, 271(1)(c)
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Whether the AO can estimate income taking 10% of advances at 10% for earlier years and taking 10% of work-in-progress for the next years
M/s SURABHI SHELTERS PVT LTD. Vs. ACIT
(2014) TaxCorp(LJ) 4152 (ITAT-HYDERABAD) · Income Tax - Sections 132(4), 153A
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Whether when the addition made on account of Sec 10A benefits were deleted by the Tribunal in case of earlier AY, a notice for reassessment u/s 148 survives even if there is time left to file an appeal
A T KEARNEY INDIA Vs. ITO.
(2014) TaxCorp(LJ) 4151 (HC-DELHI) · Income tax - Sections 10A, 148
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Whether as per the provisions of the section 36(1)(viia), the deduction allowable is to be restricted to the actual amount of Provision made in the books of account for bad and doubtful debts
ADDL. CIT. VS. BANK OF MAHARASHTRA
(2014) TaxCorp(LJ) 4150 (ITAT-PUNE) · Income Tax - Sections 10(23G), 28, 36(1)(vii), 37(1), 80G, 115JA, 143(3)
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Whether penalty can be imposed u/s 271A(2) once reasonable cause has been established by the assessee for its failure in complying with the provisions of section 272A(2)(g)
CIT. Vs. EXCEL INDUSTRIES LTD.
(2014) TaxCorp(LJ) 4149 (HC-GUJARAT) · Income tax - Sections 260A, 272A(2)(g), 273B
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Whether depreciation is allowable with respect to the block of assets and not the individual assets
ACIT. Vs. SOUTH ASIA TYRES LTD.
(2014) TaxCorp(LJ) 4148 (ITAT-PUNE) · Income Tax - Sections 2(11), 32, 43, 143(3)
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HC – Conditions for allowability of Secret Commission
CIT vs M/s.Transport Corporation of India
(2014) TaxCorp(LJ) 4147 (HC-AP)
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Whether when no part of the work was undertaken outside Singapore which was to be carried out on a turnkey basis, the appellant ONGC's claim for deduction of taxes is legally sustainable when no taxes were payable as per the provisions of the Indian Income Tax Act
ONGC LTD. Vs WESTERN GECO INTERNATIONAL LTD
(2014) TaxCorp(LJ) 4146 (SC)
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Whereas, the assessee claimed that the said amount was not taxable in the hands of the assessee company in India as the marketing services for which the said amount was given did not make available (technical knowledge, skill, know-how etc.) within the meaning of the Double Taxation Avoidance Agreement (DTAA) between India and the USA.
KANBAY INCORPORATED. Vs. DDIT
(2014) TaxCorp(LJ) 4145 (ITAT-PUNE) · Income Tax - Sections 5(2), 9, 143(3), 144C(13)
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Whether AO could refer a matter of international transaction to the TPO without arriving at a conclusion of objective necessity for referring such matter u/s 92CA(1)
NIHILENT TECHNOLOGIES PVT LTD. Vs. DCIT
(2014) TaxCorp(LJ) 4144 (ITAT-PUNE) · Income tax - Sections 92C, 92CA
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Whether even if the transaction had been structured in the manner as suggested by the Revenue, the gains arising to the shareholders of Copal-Jersey from sale of their shares in Copal-Jersey to Moody UK would not be taxable under Section 9(1)(i), as their value could not be stated to be derived substantially from assets in India
DIT. Vs. COPAL RESEARCH LTD.
(2014) TaxCorp(LJ) 4143 (HC-DELHI) · Income tax - Sections 9(1)(i), 90(2), 115JB, 195, 201A, 245N, 245R
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Whether when the assessee has failed to furnish complete data relating to allocation of costs between the AEs, no benchmarking of international transactions can be done in such circumstances
CONTITECH INDIA PVT LTD. Vs. DCIT
(2014) TaxCorp(LJ) 4142 (ITAT-DELHI) · Income Tax - Sections 10(34), 14A, 92CA(3), 143(3), 144C
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Whether when the assessee has inadvertently included any company in the list of comparables, the same can be made a reason to bar the assessee from claiming that it was wrongly included
UNITED HEALTH GROUP INFORMATION SERVICES PVT LTD. Vs ACIT
(2014) TaxCorp(LJ) 4141 (ITAT-DELHI) · Income Tax – Sections 143(3), 144C
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Whether companies involved in the business of investment, merchant banking and corporate finance can be compared to a company engaged in the business of investment advisory activities
CARLYLE INDIA ADVISORS PVT LTD. Vs. DCIT
(2014) TaxCorp(LJ) 4140 (ITAT-MUMBAI) · Income Tax - Sections 92C(1), (2), 143(3), 144C
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Whether when selling expenses incurred by assessee has not led to brand promotion of such product sold by it, can it be brought within the purview of AMP expenses for determining the cost of the international transactions
SHARP BUSINESS SYSTEMS INDIA LTD. Vs. DCIT
(2014) TaxCorp(LJ) 4139 (ITAT-DELHI) · Income Tax - Sections 37(3A), (3B)
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Whether any TDS obligation arises on part of the bank when no capital gain liability arises out of investments made made by non-resident individual in government securities
DIT. Vs. ICICI BANK LTD.
(2014) TaxCorp(LJ) 4138 (HC-BOMBAY) · Income tax - Sections 90
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Whether interference by the Tribunal is warrented in any case where the issue regarding deduction of TDS on remmittances made to a non-resident towards sales commission and advertisement charges, was already decided by the Coordinate Bench and the facts are same as of the present case
ADIT. Vs. SUMIT GUPTA
(2014) TaxCorp(LJ) 4137 (ITAT-JAIPUR) · Income tax - Sections 9(1)(vii)(b), 195, 201(1), 201(1A)
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Whether any TDS liability u/s 195 arises, when the tax authorities have failed to show that the payment received by the non-resident party is liable to tax in India either in terms of Indian Income tax Act or in terms of Indo-US DTAA
RICH GRAVISS PRODUCTS PVT LTD. Vs. ADDL. CIT
(2014) TaxCorp(LJ) 4136 (ITAT-MUMBAI) · Income Tax - Sections 9(1)(vii), 37(1), 40(a)(i), 195
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Whether the DR can be allowed to raise a new ground that receipt in question is FTS, although neither the AO nor the CIT(A) have considered the receipt in question as FTS
SWIBER OFFSHORE MARINE PTE LTD. Vs. ADIT
(2014) TaxCorp(LJ) 4135 (ITAT-DELHI) · Income Tax - Sections 44BB, 271B
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