Income Tax Appellate Tribunal Case Commentaries

Allowability of Business Expenditures: Insights from Assistant Commissioner of Income-tax v. J.P. Morgan India (P.) Ltd.

Date: Apr 21, 2011

Allowability of Business Expenditures: Insights from Assistant Commissioner of Income-tax v. J.P. Morgan India (P.) Ltd. Introduction The case of Assistant Commissioner of Income-tax (4(3)) v. J.P....

Substantive Compliance Over Procedural Requirements in Section 43B Deduction: G.D. Metsteel (P.) Ltd. Judgment Analysis

Date: Apr 9, 2011

Substantive Compliance Over Procedural Requirements in Section 43B Deduction: G.D. Metsteel (P.) Ltd. v. Assistant Commissioner of Income-tax Introduction The case of G.D. Metsteel (P.) Ltd. v....

Interpretation of Built-Up Area under Section 80-IB: Insights from M/S. Modi Builders & Realtors v. Asst. CIT Circle 16(2) Hyderabad

Date: Apr 1, 2011

Interpretation of Built-Up Area under Section 80-IB: Insights from M/S. Modi Builders & Realtors v. Asst. CIT Circle 16(2) Hyderabad Introduction The case of M/S. Modi Builders & Realtors (P) Ltd.,...

No Disallowance Under Section 40(a)(i) for Commission Payments to Non-Resident Agents

Date: Mar 26, 2011

No Disallowance Under Section 40(a)(i) for Commission Payments to Non-Resident Agents Introduction The case of Deputy Commissioner of Income-tax Cir-1(1), Hyderabad v. Divi's Laboratories Ltd....

Capital Gain Implications on Partner Retirement: Sudhakar M. Shetty v. Assistant Commissioner of Income-tax

Date: Mar 24, 2011

Capital Gain Implications on Partner Retirement: Sudhakar M. Shetty v. Assistant Commissioner of Income-tax Introduction The case of Sudhakar M. Shetty v. Assistant Commissioner of Income-tax...

Modification of Penalty Under Section 272A(2)(k) Based on Financial Difficulties

Date: Mar 19, 2011

Modification of Penalty Under Section 272A(2)(k) Based on Financial Difficulties Introduction The case of Porwal Creative Vision (P.) Ltd. v. Additional Commissioner of Income-tax (TDS), Range-2,...

Interest on NPAs Excluded from Taxable Income: ITAT Vijayawada Decision

Date: Mar 11, 2011

Interest on NPAs Excluded from Taxable Income: ITAT Vijayawada Decision 1. Introduction The case of Dy. Commissioner Of Income Tax Circle-1(1) Vijayawada v. The Durga Co-Operative Urban Bank Ltd.,...

Validating Notices under Section 292B and Interpretation of Section 69D Regarding Hundi Transactions in Sh. Kunj Bihari v. ITO, New Delhi

Date: Feb 26, 2011

Validating Notices under Section 292B and Interpretation of Section 69D Regarding Hundi Transactions in Sh. Kunj Bihari v. ITO, New Delhi Introduction The case of Sh. Kunj Bihari, Delhi v. ITO, New...

Tech Mahindra Ltd. v. DCIT: Clarifying Deductible Expenses under Section 10A for Software Exports

Date: Feb 25, 2011

Tech Mahindra Ltd. v. DCIT: Clarifying Deductible Expenses under Section 10A for Software Exports Introduction The case of Tech Mahindra Limited, Bangalore v. DCIT, Bangalore adjudicated by the...

Rebutting Presumptions under Section 132(4A): Gyankumar Agarwal v. Assistant Commissioner of Income-tax

Date: Feb 19, 2011

Rebutting Presumptions under Section 132(4A): Gyankumar Agarwal v. Assistant Commissioner of Income-tax Introduction The case of Gyankumar Agarwal (Ind.) v. Assistant Commissioner of Income-tax...

Commissioner of Income-tax, Jalandhar-I v. K.D. Bali: Establishing Precedents on Income Attribution and Procedural Fairness in Tax Assessments

Date: Feb 18, 2011

Commissioner of Income-tax, Jalandhar-I v. K.D. Bali: Establishing Precedents on Income Attribution and Procedural Fairness in Tax Assessments Introduction The case of Commissioner of Income-tax,...

Refined Interpretation of 'Scrap' Under Section 206C: Navine Fluorine International Ltd. v. Assistant Commissioner of Income-Tax

Date: Feb 16, 2011

Refined Interpretation of 'Scrap' Under Section 206C Navine Fluorine International Ltd. v. Assistant Commissioner of Income-Tax Introduction The legal landscape surrounding tax collection at source...

Strict Interpretation of Section 153C: Requiring Assessment Year-Specific Incriminating Information

Date: Jan 29, 2011

Strict Interpretation of Section 153C: Requiring Assessment Year-Specific Incriminating Information Introduction The case of Sinhgad Technical Education Society v. ACIT, Central Circle 2(2)...

Establishment of Strict Time-Limits for Reassessment Proceedings under Section 147 and 148: Insights from Sanjay Kumar Garg v. Asstt. Commissioner Of Income-Tax

Date: Jan 29, 2011

Establishment of Strict Time-Limits for Reassessment Proceedings under Section 147 and 148: Insights from Sanjay Kumar Garg v. Asstt. Commissioner Of Income-Tax Introduction The case of Sanjay Kumar...

Hyderabad Chemicals Supplies Ltd. v. Assistant Commissioner of Income-tax: Clarifying Section 80-IA Deduction Rules

Date: Jan 22, 2011

Hyderabad Chemicals Supplies Ltd. v. Assistant Commissioner of Income-tax: Clarifying Section 80-IA Deduction Rules Introduction The case of Hyderabad Chemicals Supplies Ltd. v. Assistant...

Amaltas Associates v. Income-tax Officer: ITAT Ahmedabad Clarifies Section 80-IB(10) Eligibility

Date: Jan 22, 2011

Amaltas Associates v. Income-tax Officer: ITAT Ahmedabad Clarifies Section 80-IB(10) Eligibility Introduction The case of Amaltas Associates v. Income-tax Officer, Ward-9(2) adjudicated by the Income...

Revenue vs. Capital Expenditure: Insights from Sundaram BNP Paribas Asset Management v. ACIT, Chennai

Date: Jan 8, 2011

Revenue vs. Capital Expenditure: Insights from Sundaram BNP Paribas Asset Management Co. Ltd. v. ACIT, Chennai Introduction The case of M/s. Sundaram BNP Paribas Asset Management Company Limited,...

Clarifying the Limitation Period for Penalty Proceedings under Section 201 of the Income Tax Act: Insights from Bangalore Water Supply & Sewerage Board v. Income-Tax Officer

Date: Jan 5, 2011

Clarifying the Limitation Period for Penalty Proceedings under Section 201 of the Income Tax Act: Insights from Bangalore Water Supply & Sewerage Board v. Income-Tax Officer Introduction The case of...

Serdia Pharmaceuticals v. Commissioner of Income Tax: Affirming CUP Method as Most Appropriate for Arm's Length Price Determination in Pharmaceutical API Imports

Date: Jan 1, 2011

Serdia Pharmaceuticals v. Commissioner of Income Tax: Affirming CUP Method as Most Appropriate for Arm's Length Price Determination in Pharmaceutical API Imports Introduction The case of Serdia...

Income from Front Companies: Tax Liability and Evidence Admissibility in the Shri Hersh W. Chadha v. DDIT Case

Date: Jan 1, 2011

Income from Front Companies: Tax Liability and Evidence Admissibility in the Shri Hersh W. Chadha v. DDIT Case Introduction The case of Shri Hersh W. Chadha, Legal Heir Of Late Sh. W.N Chadha v. DDIT...