All Tribunals Case Commentaries

ITAT Sets Precedent on Jurisdiction and Limitation under Section 153C: M/S DSL Properties v. Deputy Commissioner of Income Tax

Date: Mar 23, 2013

ITAT Sets Precedent on Jurisdiction and Limitation under Section 153C: M/S DSL Properties v. Deputy Commissioner of Income Tax Introduction The case of M/S DSL Properties (P) Ltd. v. Deputy...

Limits on Section 153C Assessments: Ensuring Procedural Compliance and Adherence to Limitation Periods

Date: Mar 23, 2013

Limits on Section 153C Assessments: Ensuring Procedural Compliance and Adherence to Limitation Periods Introduction The case of M/s DSL Properties (P) Ltd., New Delhi v. DCIT, New Delhi adjudicated...

ITAT Nagpur Ruling on Section 271AAA: Concrete Developers v. Assistant Commissioner of Income-tax

Date: Mar 21, 2013

ITAT Nagpur Ruling on Section 271AAA: Concrete Developers v. Assistant Commissioner of Income-tax Introduction The case of Concrete Developers vs. Assistant Commissioner of Income-tax presents a...

Sesa Goa Ltd. v. Joint Commissioner of Income-tax: Establishing the Nexus of Expenditure with Exempt Income

Date: Mar 9, 2013

Sesa Goa Ltd. v. Joint Commissioner of Income-tax: Establishing the Nexus of Expenditure with Exempt Income Introduction The case of Sesa Goa Ltd. v. Joint Commissioner of Income-tax, Range - 1...

Refund Obligations and Compensation in Real Estate Agreements: The Parsvnath Developers Ltd. v. Shamshar Singh Sidhu & Anr. Judgment

Date: Mar 6, 2013

Refund Obligations and Compensation in Real Estate Agreements: The Parsvnath Developers Ltd. v. Shamshar Singh Sidhu & Anr. Judgment 1. Introduction The case of M/S. Parsvnath Developers Ltd. v....

Anil Kumar Singhal v. Income-tax Officer, Ward 1(1), Agra: Reopening of Assessment and Scrutiny of Bogus Gifts

Date: Mar 1, 2013

Anil Kumar Singhal v. Income-tax Officer, Ward 1(1), Agra: Reopening of Assessment and Scrutiny of Bogus Gifts Introduction The case of Anil Kumar Singhal v. Income-tax Officer, Ward 1(1), Agra dealt...

Clarifying Eligibility for Section 80IA(4) Deduction: Insights from B.T. Patil & Sons and ABG Heavy Industries Ltd.

Date: Mar 1, 2013

Clarifying Eligibility for Section 80IA(4) Deduction: Insights from B.T. Patil & Sons and ABG Heavy Industries Ltd. Introduction The case of B.T. Patil & Sons Belgaum Constructions (P.) Ltd. v....

Restoration of Dismissed Income Tax Appeal: Pawan Kumar Jain v. Deputy Commissioner of Income-tax

Date: Feb 28, 2013

Restoration of Dismissed Income Tax Appeal: Pawan Kumar Jain v. Deputy Commissioner of Income-tax Introduction The case of Pawan Kumar Jain v. Deputy Commissioner of Income-tax addresses the critical...

Reevaluating Transfer Pricing Mechanisms: Insights from Thyssenkrupp Industries India v. Additional Commissioner of Income-tax

Date: Feb 28, 2013

Reevaluating Transfer Pricing Mechanisms: Insights from Thyssenkrupp Industries India v. Additional Commissioner of Income-tax Introduction The case of Thyssenkrupp Industries India (P.) Ltd. v....

Recognition of Developer Status and Built-up Area Threshold under Section 80-IB(10): Insights from Sanghvi & Doshi Enterprises v. ITO

Date: Feb 27, 2013

Recognition of Developer Status and Built-up Area Threshold under Section 80-IB(10): Insights from Sanghvi & Doshi Enterprises v. ITO Introduction The case of Sanghvi & Doshi Enterprises, Chennai v....

Characterization of Subsidies: Revenue vs. Capital Receipt – Insights from Assistant Commissioner of Income-tax, Hissar v. Jindal Steel & Power Ltd.

Date: Feb 23, 2013

Characterization of Subsidies: Revenue vs. Capital Receipt – Insights from Assistant Commissioner of Income-tax, Hissar v. Jindal Steel & Power Ltd. Introduction The case of Assistant Commissioner of...

CESTAT Establishes Single Application of Education and S&H Cess on Duties for 100% EOUs Clearing into DTA

Date: Feb 23, 2013

CESTAT Establishes Single Application of Education and S&H Cess on Duties for 100% EOUs Clearing into DTA 1. Introduction The case of Kumar Arch Tech Pvt. Ltd. v. Commissioner Of C. Ex., Jaipur-II...

Deductibility of DEPB/DDB Receipts under Section 10BA: Insights from Suncity Art Exporters v. ACIT

Date: Feb 22, 2013

Deductibility of DEPB/DDB Receipts under Section 10BA: Insights from Suncity Art Exporters v. ACIT Introduction The case of M/S. Suncity Art Exporters Jodhpur v. ACIT, Circle-3 Jodhpur adjudicated by...

Tribunal Establishes Custodial Role Exempts SPV from Taxing Interest on Grants: Sar Infracon Pvt. Ltd. v. Income Tax Officer

Date: Feb 16, 2013

Tribunal Establishes Custodial Role Exempts SPV from Taxing Interest on Grants 1. Introduction In the landmark case of Sar Infracon Pvt. Ltd. v. Income Tax Officer, Ward-4(2), the Income Tax...

CESTAT Establishes Strict Burden of Proof for Denial of SSI Exemption in Hindustan Machines v. Commissioner Of Central Excise, Delhi

Date: Feb 15, 2013

CESTAT Establishes Strict Burden of Proof for Denial of SSI Exemption in Hindustan Machines v. Commissioner Of Central Excise, Delhi Introduction The case of Hindustan Machines v. Commissioner Of...

Tribunal Upholds Merit Despite Minor Administrative Errors: Ravindra Malik v. Staff Selection Commission

Date: Feb 14, 2013

Tribunal Upholds Merit Despite Minor Administrative Errors: Ravindra Malik v. Staff Selection Commission Introduction The case of Ravindra Malik v. Staff Selection Commission adjudicated by the...

Classification of Sales Tax Exemption: Capital vs. Revenue Receipt in Birla VXL Ltd. Judgment

Date: Feb 13, 2013

Classification of Sales Tax Exemption: Capital vs. Revenue Receipt in Commissioner of Income-tax v. Birla VXL Ltd. Introduction The case of Commissioner of Income-tax v. Birla VXL Ltd., adjudicated...

Affirmation of LIBOR as the Benchmark Rate in International Transfer Pricing: Cotton Naturals (I) Pvt. Ltd. v. DCIT, Circle 3(1)

Date: Feb 9, 2013

Affirmation of LIBOR as the Benchmark Rate in International Transfer Pricing: Cotton Naturals (I) Pvt. Ltd. v. DCIT, Circle 3(1) Introduction In the landmark case of Cotton Naturals (I) Pvt. Ltd. v....

Defining 'Consumer' in Commercial Purchases: Insights from General Motors India Pvt. Ltd. v. G.S. Fertilizers (P) Ltd.

Date: Feb 8, 2013

Defining 'Consumer' in Commercial Purchases: Insights from General Motors India Pvt. Ltd. v. G.S. Fertilizers (P) Ltd. Introduction The case of General Motors India Pvt. Ltd. v. G.S. Fertilizers (P)...

Clubbing of Clearances in Family-Owned Business Units: Insights from Commissioner Of Central Excise v. Sharad Industries

Date: Feb 7, 2013

Clubbing of Clearances in Family-Owned Business Units: Insights from Commissioner Of Central Excise v. Sharad Industries Introduction The case of Commissioner Of Central Excise, Kanpur v. Sharad...