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Income Tax Appellate Tribunal Case Commentaries

ITA's Affirmation of Proper Assessment Under Section 143(3) and Refutation of Section 263 Challenges in Capital Gains Classification

ITA's Affirmation of Proper Assessment Under Section 143(3) and Refutation of Section 263 Challenges in Capital Gains Classification

Date: May 6, 2017
ITA's Affirmation of Proper Assessment Under Section 143(3) and Refutation of Section 263 Challenges in Capital Gains Classification Introduction The case of Anand Jain, A-13, Sterling Apartments,...
ITAT Clarifies Scope of Section 153A: Additions Without Incriminating Evidence Not Permissible in Closed Assessments

ITAT Clarifies Scope of Section 153A: Additions Without Incriminating Evidence Not Permissible in Closed Assessments

Date: May 4, 2017
ITAT Clarifies Scope of Section 153A: Additions Without Incriminating Evidence Not Permissible in Closed Assessments Introduction The case of Jai Lokenath Oil Extractions (P) Ltd. v. Deputy...
Charitable Exemption Affirmed for Urban Development Authorities: AUDA v. Assistant Commissioner of Income Tax

Charitable Exemption Affirmed for Urban Development Authorities: AUDA v. Assistant Commissioner of Income Tax

Date: May 3, 2017
Charitable Exemption Affirmed for Urban Development Authorities: AUDA v. Assistant Commissioner of Income Tax Introduction The case of Ahmedabad Urban Development Authority (AUDA) v. Assistant...
Recognition of Industrial Development Authorities as Charitable Institutions under Section 12A of the Income Tax Act

Recognition of Industrial Development Authorities as Charitable Institutions under Section 12A of the Income Tax Act

Date: Apr 22, 2017
Recognition of Industrial Development Authorities as Charitable Institutions under Section 12A of the Income Tax Act Introduction The case of Commissioner of Income-tax, (Exemption), Lucknow v....
CIT v. Federal Mogul Goetze India Ltd.: Limits on Reassessment under Section 147 and Treatment of Interest-Free Advances

CIT v. Federal Mogul Goetze India Ltd.: Limits on Reassessment under Section 147 and Treatment of Interest-Free Advances

Date: Apr 21, 2017
CIT v. Federal Mogul Goetze India Ltd.: Limits on Reassessment under Section 147 and Treatment of Interest-Free Advances Introduction The case of CIT v. Federal Mogul Goetze India Ltd. adjudicated by...
Paradise Inland Shipping (P.) Ltd. v. Principal Commissioner of Income-tax, Panji: Establishing Burden of Proof in Escaped Assessments

Paradise Inland Shipping (P.) Ltd. v. Principal Commissioner of Income-tax, Panji: Establishing Burden of Proof in Escaped Assessments

Date: Apr 11, 2017
Paradise Inland Shipping (P.) Ltd. v. Principal Commissioner of Income-tax, Panji: Establishing Burden of Proof in Escaped Assessments Introduction The case of Principal Commissioner of Income-tax,...
Tax Deduction under Section 80IA for Development of Rail Systems: Ultratech Cement Ltd. v. CIT

Tax Deduction under Section 80IA for Development of Rail Systems: Ultratech Cement Ltd. v. CIT

Date: Apr 6, 2017
Tax Deduction under Section 80IA for Development of Rail Systems: Ultratech Cement Ltd. v. CIT Introduction The case of Ultratech Cement Ltd. v. Commissioner of Income Tax (CIT) adjudicated by the...
Tribunal Upholds Reimbursement for Intra-Group Services under Arms-Length Principle: Insights from Deputy Commissioner Of IT v. Cushman & Wakefield India Pvt. Ltd.

Tribunal Upholds Reimbursement for Intra-Group Services under Arms-Length Principle: Insights from Deputy Commissioner Of IT v. Cushman & Wakefield India Pvt. Ltd.

Date: Mar 30, 2017
Tribunal Upholds Reimbursement for Intra-Group Services under Arms-Length Principle: Insights from Deputy Commissioner Of IT v. Cushman & Wakefield India Pvt. Ltd. Introduction The case of Deputy...
Clarification on Tax Withholding Obligations under Section 195 for Reimbursements as 'Income from Salaries' - Burt Hill Design Pvt. Ltd. vs. DDIT

Clarification on Tax Withholding Obligations under Section 195 for Reimbursements as 'Income from Salaries' - Burt Hill Design Pvt. Ltd. vs. DDIT

Date: Mar 29, 2017
Clarification on Tax Withholding Obligations under Section 195 for Reimbursements as 'Income from Salaries' Introduction The case of Burt Hill Design Pvt. Ltd. (Now Known As Stantec Consulting Pvt...
Reopening of Income Tax Assessment under Sections 147/148: Insights from Disha N. Lalwani v. Income Tax Officer

Reopening of Income Tax Assessment under Sections 147/148: Insights from Disha N. Lalwani v. Income Tax Officer

Date: Mar 23, 2017
Reopening of Income Tax Assessment under Sections 147/148: Insights from Disha N. Lalwani v. Income Tax Officer Introduction The case of Disha N. Lalwani v. Income Tax Officer adjudicated by the...
Taxation of Undisclosed Income and Interest Deductibility: A Comprehensive Analysis of BAJARGAN TRADERS v. ACIT

Taxation of Undisclosed Income and Interest Deductibility: A Comprehensive Analysis of BAJARGAN TRADERS v. ACIT

Date: Mar 18, 2017
Taxation of Undisclosed Income and Interest Deductibility: A Comprehensive Analysis of BAJARGAN TRADERS v. ACIT Introduction In the case of Bajargan Traders, Jaipur v. ACIT, Alwar, the Income Tax...
Vavveru Co-operative Rural Bank Ltd. v. Chief Commissioner of Income-tax: Expanding the Scope of Section 80P(2)(a) Deductions

Vavveru Co-operative Rural Bank Ltd. v. Chief Commissioner of Income-tax: Expanding the Scope of Section 80P(2)(a) Deductions

Date: Mar 16, 2017
Vavveru Co-operative Rural Bank Ltd. v. Chief Commissioner of Income-tax: Expanding the Scope of Section 80P(2)(a) Deductions Introduction The case of Vavveru Co-operative Rural Bank Ltd. v. Chief...
Reaffirming Burden of Proof and Due Process under Section 68: Principal Commissioner of Income-tax-5 v. Laxman Industrial Resources Ltd.

Reaffirming Burden of Proof and Due Process under Section 68: Principal Commissioner of Income-tax-5 v. Laxman Industrial Resources Ltd.

Date: Mar 15, 2017
Reaffirming Burden of Proof and Due Process under Section 68: Principal Commissioner of Income-tax-5 v. Laxman Industrial Resources Ltd. Introduction The case of Principal Commissioner of...
Videocon Industries Ltd. v. Deputy Commissioner of Income Tax: Establishing New Benchmarks in Transfer Pricing and Section 14A Expenditure Allowances

Videocon Industries Ltd. v. Deputy Commissioner of Income Tax: Establishing New Benchmarks in Transfer Pricing and Section 14A Expenditure Allowances

Date: Feb 25, 2017
Videocon Industries Ltd. v. Deputy Commissioner of Income Tax: Establishing New Benchmarks in Transfer Pricing and Section 14A Expenditure Allowances Introduction In the landmark case of Videocon...
Scope of Section 153(A) Limited to Incriminating Material Found During Search: Insights from Principal Commissioner of Income-tax v. Dipak Jashvantlal Panchal

Scope of Section 153(A) Limited to Incriminating Material Found During Search: Insights from Principal Commissioner of Income-tax v. Dipak Jashvantlal Panchal

Date: Feb 15, 2017
Scope of Section 153(A) Limited to Incriminating Material Found During Search: Insights from Principal Commissioner of Income-tax v. Dipak Jashvantlal Panchal Introduction The case of Principal...
Recognition of BOT Project Expenditure as Intangible Assets Eligible for Depreciation

Recognition of BOT Project Expenditure as Intangible Assets Eligible for Depreciation

Date: Feb 15, 2017
Recognition of BOT Project Expenditure as Intangible Assets Eligible for Depreciation Introduction The case of Assistant Commissioner Of Income Tax Circle16(2), Aayakar Bhawan, Basheerbagh, Hyderabad...
Overriding Effect of Section 206AA on Double Taxation Avoidance Agreements: Insights from Nagarjuna Fertilizers v. ACIT

Overriding Effect of Section 206AA on Double Taxation Avoidance Agreements: Insights from Nagarjuna Fertilizers v. ACIT

Date: Feb 14, 2017
Overriding Effect of Section 206AA on Double Taxation Avoidance Agreements: Insights from Nagarjuna Fertilizers v. ACIT Introduction The case of Nagarjuna Fertilizers and Chemicals Limited vs....
Hitt Holland Institute Of Traffic Technology BV v. Deputy Director Of Income Tax: Establishment of Permanent Establishment and Tax Implications Under DTAA

Hitt Holland Institute Of Traffic Technology BV v. Deputy Director Of Income Tax: Establishment of Permanent Establishment and Tax Implications Under DTAA

Date: Feb 9, 2017
Hitt Holland Institute Of Traffic Technology BV v. Deputy Director Of Income Tax: Establishment of Permanent Establishment and Tax Implications Under DTAA Introduction The case of Hitt Holland...
Determination of Permanent Establishment and Royalty Income: ITAT's Ruling in NetApp B.V. v. DIT

Determination of Permanent Establishment and Royalty Income: ITAT's Ruling in NetApp B.V. v. DIT

Date: Jan 17, 2017
Determination of Permanent Establishment and Royalty Income: ITAT's Ruling in NetApp B.V. v. DIT Introduction The case of NetApp B.V. Boeing Avenue-300 v. DIT adjudicated by the Income Tax Appellate...
Prospective Applicability of Section 234E in TDS Statement Processing: Vidya Vardhani Education v. CIT

Prospective Applicability of Section 234E in TDS Statement Processing: Vidya Vardhani Education v. CIT

Date: Jan 14, 2017
Prospective Applicability of Section 234E in TDS Statement Processing: Vidya Vardhani Education v. CIT Introduction The case of Vidya Vardhani Education v. CIT adjudicated by the Income Tax Appellate...
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