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Income Tax Appellate Tribunal Case Commentaries

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

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

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

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.

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

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

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

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)

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....
Clarifying TDS Obligations under Sections 194J, 194C, and 194-I: Insights from Bharat Forge Ltd. v. Addl. Commissioner Of Income Tax

Clarifying TDS Obligations under Sections 194J, 194C, and 194-I: Insights from Bharat Forge Ltd. v. Addl. Commissioner Of Income Tax

Date: Feb 1, 2013
Clarifying TDS Obligations under Sections 194J, 194C, and 194-I: Insights from Bharat Forge Ltd. v. Addl. Commissioner Of Income Tax 1. Introduction The case of Bharat Forge Ltd., Mundhwa, Pune v....
Denying Section 80P Deductions Due to Non-Compliance with Return Filing Requirements

Denying Section 80P Deductions Due to Non-Compliance with Return Filing Requirements

Date: Feb 1, 2013
Denying Section 80P Deductions Due to Non-Compliance with Return Filing Requirements Introduction The case of The Kadachira Service Co-op Bank Ltd, Kannur v. Income Tax Officer (ITO), Kannur...
Reopening of Tax Assessments Based on Change of Opinion Barred: Nirma Industries vs. DCIT

Reopening of Tax Assessments Based on Change of Opinion Barred: Nirma Industries vs. DCIT

Date: Jan 25, 2013
Reopening of Tax Assessments Based on Change of Opinion Barred: Nirma Industries vs. DCIT Introduction The case of Nirma Industries Pvt. Ltd. v. Deputy Commissioner of Income Tax (DCIT), Circle 5,...
ITAT Establishes Clarification on Transfer Pricing Adjustments for AMP Expenses in International Transactions

ITAT Establishes Clarification on Transfer Pricing Adjustments for AMP Expenses in International Transactions

Date: Jan 24, 2013
ITAT Establishes Clarification on Transfer Pricing Adjustments for AMP Expenses in International Transactions Introduction The case of L.G. Electronics India Pvt. Ltd. v. Assistant Commissioner of...
Refining the Assessment of Deemed Rental Income: Shri Vipan Kumar Verma v. The Acit, Central Circle, Patiala

Refining the Assessment of Deemed Rental Income: Shri Vipan Kumar Verma v. The Acit, Central Circle, Patiala

Date: Jan 24, 2013
Refining the Assessment of Deemed Rental Income: Shri Vipan Kumar Verma v. The Acit, Central Circle, Patiala Introduction The case of Shri Vipan Kumar Verma, Proprietor of M/S Verma Electronics,...
Petro Araldite v. DC Income Tax: Establishing Functional Comparability Standards for Transfer Pricing Benchmarking

Petro Araldite v. DC Income Tax: Establishing Functional Comparability Standards for Transfer Pricing Benchmarking

Date: Jan 19, 2013
Petro Araldite v. DC Income Tax: Establishing Functional Comparability Standards for Transfer Pricing Benchmarking Introduction The case of Petro Araldite (P.) Ltd. v. Deputy Commissioner of...
Establishing the Burden of Proof in Share Transactions: Insights from Commissioner of Income-tax, Agra v. Anirudh Narayan Agrawal

Establishing the Burden of Proof in Share Transactions: Insights from Commissioner of Income-tax, Agra v. Anirudh Narayan Agrawal

Date: Jan 17, 2013
Establishing the Burden of Proof in Share Transactions: Insights from Commissioner of Income-tax, Agra v. Anirudh Narayan Agrawal Introduction The case of Commissioner of Income-tax, Agra v. Anirudh...
Madras Motor Sports Club v. Director Of Income-Tax: Limitation on Exemption under Section 2(15) Explained

Madras Motor Sports Club v. Director Of Income-Tax: Limitation on Exemption under Section 2(15) Explained

Date: Dec 22, 2012
Madras Motor Sports Club v. Director Of Income-Tax: Limitation on Exemption under Section 2(15) Explained Introduction The case of Madras Motor Sports Club v. Director Of Income-Tax (Exemptions)...
Pratibha Industries Ltd. Judgment Commentary: Clarification on Section 153A Applicability and Section 80IA Deductions

Pratibha Industries Ltd. Judgment Commentary: Clarification on Section 153A Applicability and Section 80IA Deductions

Date: Dec 20, 2012
Pratibha Industries Ltd. Judgment Commentary: Clarification on Section 153A Applicability and Section 80IA Deductions Introduction In the landmark case of Asst. Commissioner Of Income-Tax(Cc)-45 v....
Hindustan Unilever Ltd v. CIT Range I(1): Clarifying Safe Harbour Provisions in Transfer Pricing Adjustments

Hindustan Unilever Ltd v. CIT Range I(1): Clarifying Safe Harbour Provisions in Transfer Pricing Adjustments

Date: Dec 11, 2012
Hindustan Unilever Ltd v. CIT Range I(1): Clarifying Safe Harbour Provisions in Transfer Pricing Adjustments Introduction The case of Hindustan Unilever Limited v. Addl. Commissioner Of Income Tax...
Mandatory Nature of Proviso to Section 10A(1A) of the Income Tax Act: Insights from Saffire Garments v. Income-tax Officer

Mandatory Nature of Proviso to Section 10A(1A) of the Income Tax Act: Insights from Saffire Garments v. Income-tax Officer

Date: Dec 1, 2012
Mandatory Nature of Proviso to Section 10A(1A) of the Income Tax Act: Insights from Saffire Garments v. Income-tax Officer Introduction The case of Saffire Garments v. Income-tax Officer, Ward 2,...
Reopening of Assessment under Section 147 Requires Tangible Material: Delta Air Lines, INC v. Income-Tax Officer

Reopening of Assessment under Section 147 Requires Tangible Material: Delta Air Lines, INC v. Income-Tax Officer

Date: Dec 1, 2012
Reopening of Assessment under Section 147 Requires Tangible Material: Delta Air Lines, INC v. Income-Tax Officer Introduction The case of Delta Air Lines, INC v. Income-tax Officer adjudicated by the...
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