Income Tax Appellate Tribunal Case Commentaries

Clarification on Penalty Imposition under Section 271(1)(c) – VIP Industries Ltd. Judgment Analysis

Date: Mar 21, 2009

Clarification on Penalty Imposition under Section 271(1)(c) – VIP Industries Ltd. Judgment Analysis Introduction The case of Assistant Commissioner of Income-tax, Central Circle 32, Mumbai v. VIP...

Skoda Auto India v. CIT: Nuanced Application of TNMM in Transfer Pricing and Upholding of 5% Variation under Section 92C(2)

Date: Mar 13, 2009

Skoda Auto India v. CIT: Nuanced Application of TNMM in Transfer Pricing and Upholding of 5% Variation under Section 92C(2) 1. Introduction The case of Skoda Auto India (P.) Ltd. v. Assistant...

Parity Principle Enforced in Section 10B for Export Turnover and Total Turnover

Date: Mar 7, 2009

Parity Principle Enforced in Section 10B for Export Turnover and Total Turnover Introduction The judgment in Income-tax Officer, Company Ward-VI(1), Chennai v. Sak Soft Ltd., delivered by the Income...

Clarification on Section 80-IA Deduction for Rail Systems and Inland Container Depots: CONCOR v. Income Tax Authority

Date: Feb 28, 2009

Clarification on Section 80-IA Deduction for Rail Systems and Inland Container Depots: CONCOR v. Income Tax Authority Introduction The case of Container Corporation of India Ltd. (CONCOR) versus...

Non Obediente Clause of Section 44: Insights from Oriental Insurance Co. Ltd. v. Assistant Commissioner of Income-tax

Date: Feb 28, 2009

Non Obediente Clause of Section 44: Insights from Oriental Insurance Co. Ltd. v. Assistant Commissioner of Income-tax Introduction In the landmark case of Oriental Insurance Co. Ltd. v. Assistant...

Gopal Purohit v. CIT: Defining Investment vs. Trading Activities in Share Transactions

Date: Feb 11, 2009

Gopal Purohit v. Joint Commissioner of Income-tax: Defining Investment vs. Trading Activities in Share Transactions Introduction The case of Gopal Purohit v. Joint Commissioner of Income-tax,...

Deemed Dividend Implications on Inter-Corporate Deposits and Capital Gains on Self-Generated Brands: Insights from Bombay Oil Industries Ltd. v. Deputy Commissioner of Income-tax

Date: Jan 23, 2009

Deemed Dividend Implications on Inter-Corporate Deposits and Capital Gains on Self-Generated Brands: Insights from Bombay Oil Industries Ltd. v. Deputy Commissioner of Income-tax Introduction The...

Recognition of Secondment Agreements as Employment Relations: IDS Software Solutions v. Income-tax Officer

Date: Jan 22, 2009

Recognition of Secondment Agreements as Employment Relations: IDS Software Solutions v. Income-tax Officer Introduction The case of IDS Software Solutions (India) (P.) Ltd. v. Income-tax Officer...

Acchyalal Shaw v. Income-tax Officer: Establishing the Legitimacy of Off-Market Share Transactions

Date: Jan 17, 2009

Acchyalal Shaw v. Income-tax Officer: Establishing the Legitimacy of Off-Market Share Transactions Introduction The case of Acchyalal Shaw v. Income-tax Officer adjudicated by the Income Tax...

Recognition of Non-Compete Fee as an Intangible Asset Eligible for Depreciation under Section 32(1)(ii) of the Income Tax Act

Date: Jan 17, 2009

Recognition of Non-Compete Fee as an Intangible Asset Eligible for Depreciation under Section 32(1)(ii) of the Income Tax Act Introduction The case of Income-tax Officer (OSD), Company Circle IV(2),...

Revival of Original Assessments in s.153C Proceedings: Insights from Meghmani Organics Ltd. v. Deputy Commissioner of Income-tax

Date: Jan 17, 2009

Revival of Original Assessments in s.153C Proceedings: Insights from Meghmani Organics Ltd. v. Deputy Commissioner of Income-tax Introduction The case of Meghmani Organics Ltd. v. Deputy Commissioner...

Non-Retrospective Application of Section 292BB in Tax Assessment Proceedings: ITAT's Interpretation

Date: Jan 15, 2009

Non-Retrospective Application of Section 292BB in Tax Assessment Proceedings: ITAT's Interpretation 1. Introduction The case of Kuber Tobacco Products (P.) Ltd. v. Deputy Commissioner of Income-tax,...

Mythri Transport Corporation v. Assistant Commissioner of Income-tax: Clarifying Sub-Contractor Responsibilities under Section 194C(2)

Date: Jan 10, 2009

Mythri Transport Corporation v. Assistant Commissioner of Income-tax: Clarifying Sub-Contractor Responsibilities under Section 194C(2) 1. Introduction The case of Mythri Transport Corporation v....

DTAA Guidelines on Profits from Permanent Establishments: In-depth Analysis of Deputy Commissioner v. Mideast India Ltd.

Date: Jan 10, 2009

DTAA Guidelines on Profits from Permanent Establishments In-depth Analysis of Deputy Commissioner v. Mideast India Ltd. Introduction The case of Deputy Commissioner of Income-tax, Central Circle-7,...

Recognition of Family Settlements as Analogous to Partition under Section 49(1): Insights from Assistant Commissioner of Income-tax v. Baldev Raj Charla

Date: Dec 30, 2008

Recognition of Family Settlements as Analogous to Partition under Section 49(1): Insights from Assistant Commissioner of Income-tax v. Baldev Raj Charla Introduction The case of Assistant...

ITAT Agra Judgment: Admissions Insufficient Alone for Income Tax Additions – Ravi Agricultural Industries Case

Date: Dec 27, 2008

ITAT Agra Judgment: Admissions Insufficient Alone for Income Tax Additions – Ravi Agricultural Industries Case Introduction In the landmark case of Assistant Commissioner of Income-tax, 4(1), Agra v....

Interpretation of 'Operation of Ships' under Article 8 of India-Brazil DTAA: Limits on Tax Relief for Shipping Enterprises

Date: Nov 26, 2008

Interpretation of 'Operation of Ships' under Article 8 of India-Brazil DTAA: Limits on Tax Relief for Shipping Enterprises Introduction The case of Deputy Director of Income-tax (International...

Clarifying the Scope of Section 80-IA: Exclusion of Trading Profits from Eligible Deductions

Date: Nov 25, 2008

Clarifying the Scope of Section 80-IA: Exclusion of Trading Profits from Eligible Deductions 1. Introduction The case of Emerson Network Power India (P.) Ltd. v. Assistant Commissioner of Income-tax,...

Clarifying the Scope of "Shareholder" Under Section 2(22)(e) of the Income Tax Act

Date: Nov 20, 2008

Clarifying the Scope of "Shareholder" Under Section 2(22)(e) of the Income Tax Act Introduction The judicial landscape surrounding the interpretation of "shareholder" under section 2(22)(e) of the...

Aggregate Treatment of Losses and Unabsorbed Depreciation under Section 115JB: Amline Textiles (P.) Ltd. v. Income-tax Officer

Date: Nov 5, 2008

Aggregate Treatment of Losses and Unabsorbed Depreciation under Section 115JB Introduction The case of Amline Textiles (P.) Ltd. v. Income-tax Officer, Ward 3(1)-1, Mumbai adjudicated by the Income...