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Income Tax Appellate Tribunal Case Commentaries

Non-Applicability of Section 194C(2) to AOPs Acting as Collective Entities: Smc Ambika JV v. Ito

Non-Applicability of Section 194C(2) to AOPs Acting as Collective Entities: Smc Ambika JV v. Ito

Date: Jul 30, 2011
Non-Applicability of Section 194C(2) to AOPs Acting as Collective Entities: Smc Ambika JV v. Ito 1. Introduction The case of Smc Ambika JV v. Ito adjudicated by the Income Tax Appellate Tribunal on...
Non-Taxability of Employee Meal Coupons Under FBT Exceptions: Cadila Healthcare Ltd. v. Income-Tax Officer

Non-Taxability of Employee Meal Coupons Under FBT Exceptions: Cadila Healthcare Ltd. v. Income-Tax Officer

Date: Jul 30, 2011
Non-Taxability of Employee Meal Coupons Under FBT Exceptions: Cadila Healthcare Ltd. v. Income-Tax Officer Introduction The case of Income-Tax Officer, Tds-1, Ahmedabad v. M/S Cadila Healthcare Ltd....
Limits on the Application of Section 263: A Precedent Set in Hindustan Coca-Cola Marketing Pvt. Ltd. v. CIT

Limits on the Application of Section 263: A Precedent Set in Hindustan Coca-Cola Marketing Pvt. Ltd. v. CIT

Date: Jul 30, 2011
Limits on the Application of Section 263: A Precedent Set in Hindustan Coca-Cola Marketing Pvt. Ltd. v. CIT Introduction The case of Hindustan Coca-Cola Marketing Pvt. Ltd. v. Commissioner of Income...
Supreme Court Refines Best Judgment Assessment for Arrack Contractors

Supreme Court Refines Best Judgment Assessment for Arrack Contractors

Date: Jul 22, 2011
Supreme Court Refines Best Judgment Assessment for Arrack Contractors Introduction The case of Commissioner of Income-tax v. R. Narayana Rao addresses the contentious issue of best judgment...
Determination of Market Value for Energy Generated Under Section 80IA: Sri Velayudhaswamy Spinning Mills Case

Determination of Market Value for Energy Generated Under Section 80IA: Sri Velayudhaswamy Spinning Mills Case

Date: Jul 14, 2011
Determination of Market Value for Energy Generated Under Section 80IA: Sri Velayudhaswamy Spinning Mills Case Introduction The case of M/S Sri Velayudhaswamy Spinning Mills (P) Ltd. v. The Deputy...
Reinforcement of Burden of Proof under Section 68 of the Income Tax Act: CIT v. Nipun Builders & Developers Pvt. Ltd.

Reinforcement of Burden of Proof under Section 68 of the Income Tax Act: CIT v. Nipun Builders & Developers Pvt. Ltd.

Date: Jul 9, 2011
Reinforcement of Burden of Proof under Section 68 of the Income Tax Act: CIT v. Nipun Builders & Developers Pvt. Ltd. Introduction The case of CIT v. Nipun Builders & Developers Pvt. Ltd. adjudicated...
Trilogy E v. CIT: Clarification on Transfer Pricing Methodologies and Section 10A Deductions

Trilogy E v. CIT: Clarification on Transfer Pricing Methodologies and Section 10A Deductions

Date: Jul 1, 2011
Trilogy E v. CIT: Clarification on Transfer Pricing Methodologies and Section 10A Deductions Introduction The case Trilogy E Business Software India Pvt. Ltd. v. Commissioner of Income Tax (CIT)...
Transfer Pricing Adjustments in BPO Services: Insights from Ito v. Crm Services India (P) Ltd.

Transfer Pricing Adjustments in BPO Services: Insights from Ito v. Crm Services India (P) Ltd.

Date: Jul 1, 2011
Transfer Pricing Adjustments in BPO Services: Insights from Ito v. Crm Services India (P) Ltd. Introduction The case of Ito v. Crm Services India (P) Ltd. adjudicated by the Income Tax Appellate...
ITA Judgment on Depreciation Claims under VDIS and Deductions under Section 42(1)(b)

ITA Judgment on Depreciation Claims under VDIS and Deductions under Section 42(1)(b)

Date: Jul 1, 2011
ITA Judgment on Depreciation Claims under VDIS and Deductions under Section 42(1)(b) Introduction The Income Tax Appellate Tribunal (ITA) delivered a comprehensive judgment on June 30, 2011,...
Clarification on TDS Obligations for Payments for Advertisement Services: Yahoo India v. DCIT

Clarification on TDS Obligations for Payments for Advertisement Services: Yahoo India v. DCIT

Date: Jun 25, 2011
Clarification on TDS Obligations for Payments for Advertisement Services: Yahoo India v. DCIT Introduction The case of Yahoo India P. Ltd. v. DCIT adjudicated by the Income Tax Appellate Tribunal on...
Violation of Section 153C Supersedes Sections 147 and 148: Insights from Income Tax Officer, Ward 1(1), Amritsar v. Anil Kumar Kapoor

Violation of Section 153C Supersedes Sections 147 and 148: Insights from Income Tax Officer, Ward 1(1), Amritsar v. Anil Kumar Kapoor

Date: Jun 22, 2011
Violation of Section 153C Supersedes Sections 147 and 148: Insights from Income Tax Officer, Ward 1(1), Amritsar v. Anil Kumar Kapoor Introduction The case of Income Tax Officer, Ward 1(1), Amritsar...
Deduction Under Section 80P(2)(a)(i) for Co-operative Banks Engaging in Banking Business: Precedent from Ito v. Sri Rama Co-Operative Bank Ltd.

Deduction Under Section 80P(2)(a)(i) for Co-operative Banks Engaging in Banking Business: Precedent from Ito v. Sri Rama Co-Operative Bank Ltd.

Date: Jun 11, 2011
Deduction Under Section 80P(2)(a)(i) for Co-operative Banks Engaging in Banking Business: Precedent from Ito v. Sri Rama Co-Operative Bank Ltd. Case Title: Ito v. Sri Rama Co-Operative Bank Ltd....
Exclusion of Casual Labor Payments and Equipment Hiring from Section 194C Tax Deductions: Nalawade C Maruti v. JOIT

Exclusion of Casual Labor Payments and Equipment Hiring from Section 194C Tax Deductions: Nalawade C Maruti v. JOIT

Date: Jun 1, 2011
Exclusion of Casual Labor Payments and Equipment Hiring from Section 194C Tax Deductions: Nalawade C Maruti v. Joint Commissioner of Income-tax, R-2 Sangli Introduction The case of Nalawade C Maruti...
Recognizing Developer-Builders for Tax Deductions: Analysis of Sanghvi & Doshi Enterprise v. Income-tax Officer

Recognizing Developer-Builders for Tax Deductions: Analysis of Sanghvi & Doshi Enterprise v. Income-tax Officer

Date: May 20, 2011
Recognizing Developer-Builders for Tax Deductions: Analysis of Sanghvi & Doshi Enterprise v. Income-tax Officer Introduction The case of Sanghvi & Doshi Enterprise v. Income-tax Officer adjudicated...
Tax Exemption for Gifts from Hindu Undivided Family (HUF) under Section 10(2) of the Income-tax Act: A Comprehensive Analysis

Tax Exemption for Gifts from Hindu Undivided Family (HUF) under Section 10(2) of the Income-tax Act: A Comprehensive Analysis

Date: May 18, 2011
Tax Exemption for Gifts from Hindu Undivided Family (HUF) under Section 10(2) of the Income-tax Act: A Comprehensive Analysis Introduction The case of Vineetkumar Raghavjibhai Bhalodia C/O Samay...
Clarification on Capital Gains Tax Treatment for Assignment of Lease Rights under CIDCO 12.5% Scheme

Clarification on Capital Gains Tax Treatment for Assignment of Lease Rights under CIDCO 12.5% Scheme

Date: May 14, 2011
Clarification on Capital Gains Tax Treatment for Assignment of Lease Rights under CIDCO 12.5% Scheme Introduction The case of Atul G. Puranik v. Income-tax Officer adjudicated by the Income Tax...
Assessment of Joint Ventures under Income Tax Act: Insights from Income-tax Officer v. UAN Raju Constructions

Assessment of Joint Ventures under Income Tax Act: Insights from Income-tax Officer v. UAN Raju Constructions

Date: May 14, 2011
Assessment of Joint Ventures under Income Tax Act: Insights from Income-tax Officer v. UAN Raju Constructions Introduction The case of Income-tax Officer, Ward-1(3), Visakhapatnam v. UAN Raju...
Taxation of Interest on Income-Tax Refunds under DTAA: Clough Engineering Ltd. Judgment Analysis

Taxation of Interest on Income-Tax Refunds under DTAA: Clough Engineering Ltd. Judgment Analysis

Date: May 7, 2011
Taxation of Interest on Income-Tax Refunds under DTAA: Clough Engineering Ltd. Judgment Analysis Introduction The case of Assistant Commissioner of Income-tax, Range-I, Dehradun v. Clough Engineering...
Classification of Short-Term Capital Gains in Share Trading: Investment vs Business Income

Classification of Short-Term Capital Gains in Share Trading: Investment vs Business Income

Date: Apr 28, 2011
Classification of Short-Term Capital Gains in Share Trading: Investment vs Business Income 1. Introduction The case of Shantilal M Jain v. Assistant Commissioner of Income Tax, Cir. 12(3), Mumbai...
Enhanced Procedural Standards in Income Tax Appeals: Dy. Cit v. M/S. Gopi Apartment

Enhanced Procedural Standards in Income Tax Appeals: Dy. Cit v. M/S. Gopi Apartment

Date: Apr 27, 2011
Enhanced Procedural Standards in Income Tax Appeals: Dy. Cit v. M/S. Gopi Apartment Introduction The case of Deputy Commissioner of Income Tax (C.C-2, Kanpur) v. M/S. Gopi Apartment addresses...
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