Income Tax Appellate Tribunal Case Commentaries

Interpretation and Application of Section 80-IB(10) in Housing Projects: Saroj Sales Organisation v. Income Tax Officer

Date: Jan 25, 2008

Interpretation and Application of Section 80-IB(10) in Housing Projects: Saroj Sales Organisation v. Income Tax Officer Introduction The case of Saroj Sales Organisation v. Income Tax Officer...

Recognition of Advance Fees as Income under Cash Accounting System: Insights from K.K. Khullar v. Deputy Commissioner of Income-tax

Date: Jan 19, 2008

Recognition of Advance Fees as Income under Cash Accounting System: Insights from K.K. Khullar v. Deputy Commissioner of Income-tax Introduction The case of K.K. Khullar v. Deputy Commissioner of...

Clarification on "Export Turnover" Calculation under Section 10A: Patni Telecom v. Income-tax Officer

Date: Jan 12, 2008

Clarification on "Export Turnover" Calculation under Section 10A: Patni Telecom v. Income-tax Officer Introduction The case of Patni Telecom (P.) Ltd. v. Income-tax Officer, Ward 1(1), Hyderabad...

Investment Subsidies and Depreciation: Insights from Sasisri Extractions Ltd. v. ACIOT

Date: Jan 8, 2008

Investment Subsidies and Depreciation: Insights from Sasisri Extractions Limited v. Assistant Commissioner of Income-tax 1. Introduction The case of Sasisri Extractions Limited v. Assistant...

Clarification on the Applicability of Section 43B to Service Tax Payments: Real Image Media Technologies Case

Date: Jan 1, 2008

Clarification on the Applicability of Section 43B to Service Tax Payments: Real Image Media Technologies Case 1. Introduction The case of Assistant Commissioner of Income-tax, Media Circle-II,...

Restricting Reassessment of Concluded Assessments: LMJ International Ltd. v. Deputy Commissioner of Income-tax

Date: Dec 29, 2007

Restricting Reassessment of Concluded Assessments: LMJ International Ltd. v. Deputy Commissioner of Income-tax Introduction The case of LMJ International Ltd. v. Deputy Commissioner of Income-tax,...

Recognition of Commercial Rights as Intangible Assets: Insights from Skyline Caterers (P.) Ltd. v. Income-tax Officer

Date: Dec 29, 2007

Recognition of Commercial Rights as Intangible Assets: Insights from Skyline Caterers (P.) Ltd. v. Income-tax Officer Introduction The case of Skyline Caterers (P.) Ltd. v. Income-tax Officer,...

Distinguishing Business Income from Capital Gains in Share Transactions: Insights from Sarnath Infrastructure v. ACI of Income Tax

Date: Dec 21, 2007

Distinguishing Business Income from Capital Gains in Share Transactions: Insights from Sarnath Infrastructure (P.) Ltd. v. Assistant Commissioner of Income-tax Introduction The case of Sarnath...

Limitations of Estimating Income Based on Electricity Consumption: Commentary on Deputy Commissioner of Income-tax v. Royal Marwar Tobacco Product (P.) Ltd.

Date: Dec 15, 2007

Limitations of Estimating Income Based on Electricity Consumption: Commentary on Deputy Commissioner of Income-tax v. Royal Marwar Tobacco Product (P.) Ltd. Introduction The case of Deputy...

Establishing Permanent Establishment through Dependent Agents and Arm’s Length Remuneration: Insight from Galileo International Inc. v. Deputy Commissioner of Income-tax

Date: Dec 1, 2007

Establishing Permanent Establishment through Dependent Agents and Arm’s Length Remuneration: Insight from Galileo International Inc. v. Deputy Commissioner of Income-tax Introduction The case of...

P. Srinivas Naik vs. Assistant Commissioner of Income Tax: Clarifying Jurisdiction under Section 153C

Date: Nov 28, 2007

P. Srinivas Naik vs. Assistant Commissioner of Income Tax: Clarifying Jurisdiction under Section 153C Introduction The case of P. Srinivas Naik v. Assistant Commissioner of Income-tax, Central...

Clarifying Deduction Eligibility Under Section 10A: Insights from I Gate Global Solutions Ltd. v. Assistant Commissioner of Income-tax

Date: Nov 28, 2007

Clarifying Deduction Eligibility Under Section 10A: Insights from I Gate Global Solutions Ltd. v. Assistant Commissioner of Income-tax Introduction The case of I Gate Global Solutions Ltd. v....

Mentor Graphics (Noida) Pvt. Ltd. v. DCIT: Reaffirmation of FAR Analysis in Transfer Pricing

Date: Nov 3, 2007

Mentor Graphics (Noida) Pvt. Ltd. v. DCIT: Reaffirmation of FAR Analysis in Transfer Pricing Introduction The case of Mentor Graphics (Noida) Pvt. Ltd. v. Deputy Commissioner of Income-tax, Circle...

Clarifying Section 80-IA: Option for Initial Assessment Year and Non-Set Off of Prior Losses - Mohan Breweries v. Assistant Commissioner of Income-tax

Date: Nov 1, 2007

Clarifying Section 80-IA: Option for Initial Assessment Year and Non-Set Off of Prior Losses Introduction The case of Mohan Breweries & Distilleries Ltd. v. Assistant Commissioner of Income-tax,...

Denial of Section 11 Exemption for Educational Institutions Engaging in Capitation Fee Collection

Date: Nov 1, 2007

Denial of Section 11 Exemption for Educational Institutions Engaging in Capitation Fee Collection Introduction The case of Vodithala Education Society v. Assistant Director of Income-tax (Exemptions)...

Mutual Fund Transactions Recognized as Capital Gains and Interest Exempted under Mutuality: Bombay Gymkhana Ltd. v. Income-tax Officer

Date: Nov 1, 2007

Mutual Fund Transactions Recognized as Capital Gains and Interest Exempted under Mutuality: Bombay Gymkhana Ltd. v. Income-tax Officer Introduction The case of Bombay Gymkhana Ltd. v. Income-tax...

Deductibility of NPA Provisions by NBFCs Under Income-tax Act: Insights from New India Industries Ltd. v. Assistant Commissioner of Income-tax

Date: Oct 27, 2007

Deductibility of NPA Provisions by NBFCs Under Income-tax Act: Insights from New India Industries Ltd. v. Assistant Commissioner of Income-tax Introduction The case of New India Industries Ltd. v....

Time Bar on Section 143(2) Notices Affirmed: A Precedent from Aurangabad Holiday Resorts Case

Date: Sep 27, 2007

Time Bar on Section 143(2) Notices Affirmed: A Precedent from Aurangabad Holiday Resorts Case Introduction The case of Assistant Commissioner of Income-tax, Aurangabad (Central) v. Aurangabad Holiday...

Deeming of Registration Under Section 12AA Upon Non-Passing of Commissioner’s Order: A Landmark Judgment

Date: Sep 1, 2007

Deeming of Registration Under Section 12AA Upon Non-Passing of Commissioner’s Order: A Landmark Judgment Introduction The case of Bhagwad Swarup Shri Shri Devraha Baba Memorial Shri Hari Parmarth...

Clarifying Expense Allocation Between Integrated Units Under Sections 80-I and 80-IA: ITAT's Landmark Ruling in Additional Commissioner of Income-tax v. National Thermal Power Corpn. Ltd.

Date: Aug 11, 2007

Clarifying Expense Allocation Between Integrated Units Under Sections 80-I and 80-IA: ITAT's Landmark Ruling in Additional Commissioner of Income-tax v. National Thermal Power Corpn. Ltd....