Income Tax Appellate Tribunal Case Commentaries

Royalty Arising in India under Article 12(7) of Indo-Singapore DTAA: Set Satellite (Singapore) Pte. Ltd. v. Addl. Director of Income-tax

Date: Jun 26, 2010

Royalty Arising in India under Article 12(7) of Indo-Singapore DTAA: Set Satellite (Singapore) Pte. Ltd. v. Additional Director of Income-tax Introduction The case of Set Satellite (Singapore) Pte....

Recognition of Deferred Income from Timeshare Membership Fees: Insights from M/s Mahindra Holidays & Resorts v. ACIT, Chennai

Date: May 27, 2010

Recognition of Deferred Income from Timeshare Membership Fees: Insights from M/s Mahindra Holidays & Resorts v. ACIT, Chennai Introduction The case of M/s Mahindra Holidays & Resorts (India) Ltd.,...

Taxation of Fees for Technical Services: Ashapura Minichem Ltd. v. Assistant Director of Income-tax

Date: May 22, 2010

Taxation of Fees for Technical Services: Ashapura Minichem Ltd. v. Assistant Director of Income-tax Introduction The case of Ashapura Minichem Ltd. v. Assistant Director of Income-tax, International...

Establishing Authority to Reopen Income Tax Assessments Under Section 147: Commentary on Asstt. Commissioner Of Income Tax-11(2), Mumbai v. Kanga & Co.

Date: May 15, 2010

Establishing Authority to Reopen Income Tax Assessments Under Section 147: Commentary on Asstt. Commissioner Of Income Tax-11(2), Mumbai v. Kanga & Co. Introduction The case of Asstt. Commissioner Of...

Non-Taxation of Strategic Consulting Services under India-Switzerland DTAA: Ballard Estate v. Preroy A.G.

Date: Apr 17, 2010

Non-Taxation of Strategic Consulting Services under India-Switzerland DTAA: Room No. 120, Scindia House, Ballard Estate N.M. Road Mumbai v. Preroy A.G. Introduction The case of Room No. 120, Scindia...

Ensuring Arm's Length Profitability in Transfer Pricing: Insights from Tweezerman (India) v. Addl. CIT

Date: Apr 16, 2010

Ensuring Arm's Length Profitability in Transfer Pricing: Insights from Tweezerman (India) Ltd. v. Addl. CIT Introduction The case of Tweezerman (India) (P.) Ltd. v. Additional Commissioner of Income...

Clarification on Section 2(22)(e) of the Income-tax Act: Deemed Dividend Applicability to Non-Shareholders

Date: Apr 14, 2010

Clarification on Section 2(22)(e) of the Income-tax Act: Deemed Dividend Applicability to Non-Shareholders Introduction The case of M/S MTAR Technologies (P) Ltd. Hyderabad v. ACIT, Circle 14(2)...

Tribunal Upholds Long Term Capital Gains Exemption in Income-Tax Officer, Firozabad v. Bibi Rani Bansal

Date: Apr 14, 2010

Tribunal Upholds Long Term Capital Gains Exemption in Income-Tax Officer, Firozabad v. Bibi Rani Bansal Introduction The case of Income-Tax Officer, Firozabad v. Bibi Rani Bansal adjudicated on April...

Comparable Uncontrolled Price Method and Comprehensive Transfer Pricing Adjustments: Insights from Intervet India v. CIT(A)

Date: Apr 1, 2010

Comparable Uncontrolled Price Method and Comprehensive Transfer Pricing Adjustments: Insights from Intervet India (P.) Ltd. v. Assistant Commissioner of Income-tax Introduction The case of Intervet...

Unaccounted Sales and Set-Off Provisions: Insights from V. R. Textiles v. Joint Commissioner of Income-tax

Date: Mar 23, 2010

Unaccounted Sales and Set-Off Provisions: Insights from V. R. Textiles v. Joint Commissioner of Income-tax Introduction The case of V. R. Textiles v. Joint Commissioner of Income-tax adjudicated by...

Mutuality and Reasonable Cause: ITAT Clears Cooperative Society from Income Tax Penalties on Cash Transactions

Date: Feb 27, 2010

Mutuality and Reasonable Cause: ITAT Clears Cooperative Society from Income Tax Penalties on Cash Transactions Introduction In the case of The Citizen Co-Operative Society Limited, Hyderabad v. The...

Affirmation of Plot Area Calculation for Tax Deductions under Section 80-IB(10): Bunty Builders v. Income-tax Officer

Date: Feb 17, 2010

Affirmation of Plot Area Calculation for Tax Deductions under Section 80-IB(10): Bunty Builders v. Income-tax Officer Introduction The case of Bunty Builders v. Income-tax Officer, Ward 2(2), Pune...

Set-Off of Non-Eligible Unit Losses Against Section 10A Eligible Unit Profits: Insights from Scientific Atlanta India Technology (P.) Ltd. v. ACIT

Date: Feb 6, 2010

Set-Off of Non-Eligible Unit Losses Against Section 10A Eligible Unit Profits: Insights from Scientific Atlanta India Technology (P.) Ltd. v. ACIT Introduction The case of Scientific Atlanta India...

Judgment Analysis: Section 153C Applicability in Income Tax Assessments – Assistant Commissioner of Income-tax v. Gambhir Silk Mills

Date: Feb 6, 2010

Section 153C Applicability in Income Tax Assessments – Assistant Commissioner of Income-tax v. Gambhir Silk Mills 1. Introduction The case of Assistant Commissioner of Income-tax v. Gambhir Silk...

Sugamchand C. Shah v. Assistant Commissioner of Income-tax: Clarifying the Distinction Between Business Income and Capital Gains from Share Transactions

Date: Jan 30, 2010

Sugamchand C. Shah v. Assistant Commissioner of Income-tax: Clarifying the Distinction Between Business Income and Capital Gains from Share Transactions Introduction The case of Sugamchand C. Shah v....

Comprehensive Analysis of Deputy Commissioner of Income-Tax v. Sushil Kumar Jain: Clarifying Assessment Procedures under Section 153A

Date: Jan 21, 2010

Comprehensive Analysis of Deputy Commissioner of Income-Tax v. Sushil Kumar Jain: Clarifying Assessment Procedures under Section 153A Introduction The case of Deputy Commissioner of Income-Tax,...

ITA Confirms Validity of Reassessment and Reiterates 'Wholly and Exclusively' Criterion for Advertisement Expenses

Date: Jan 13, 2010

ITA Confirms Validity of Reassessment and Reiterates 'Wholly and Exclusively' Criterion for Advertisement Expenses Introduction The case of M.P. Ramachandran vs. Dcit, Central Circle - 8, Mumbai was...

Reaffirmation of Reassessment Jurisdiction and Dual Deductions Restrictions: Analysis of Income-Tax Officer, Coy. Circle v. 13(2), New Delhi

Date: Jan 2, 2010

Reaffirmation of Reassessment Jurisdiction and Dual Deductions Restrictions: Analysis of Income-Tax Officer, Coy. Circle v. 13(2), New Delhi Introduction The case of Income-Tax Officer, Coy. Circle...

Clarifying the Scope of Section 153A Assessments: Anil Kumar Bhatia v. Assistant Commissioner of Income-tax

Date: Jan 2, 2010

Clarifying the Scope of Section 153A Assessments: Anil Kumar Bhatia v. Assistant Commissioner of Income-tax Introduction The case of Anil Kumar Bhatia v. Assistant Commissioner of Income-tax...

Rigorous Scrutiny of Share Capital Transactions: Insights from M/S. Amtrac Automotive India Pvt. Ltd. v. ACIT

Date: Jan 1, 2010

Rigorous Scrutiny of Share Capital Transactions: Insights from M/S. Amtrac Automotive India Pvt. Ltd. v. ACIT Introduction The case of M/S. Amtrac Automotive India Pvt. Ltd. v. Assessing Officer,...