Income Tax Appellate Tribunal Case Commentaries

Deputy Commissioner v. Glaxo Smithkline: Landmark Rulings on Section 43B of the Income-tax Act

Date: Jul 21, 2007

Deputy Commissioner v. Glaxo Smithkline: Landmark Rulings on Section 43B of the Income-tax Act Introduction The case of Deputy Commissioner of Income-tax, Circle 4(1) v. Glaxo Smithkline Consumer...

Aztec Software v. Assistant Commissioner of Income-Tax: Redefining Burden of Proof in Transfer Pricing

Date: Jul 13, 2007

Aztec Software & Technology Services Ltd. v. Assistant Commissioner of Income-Tax: Redefining Burden of Proof in Transfer Pricing Introduction The landmark case of Aztec Software & Technology...

Tribunal Affirms Deletion of Undisclosed Income Addition Following Retraction of Section 132(4) Statement

Date: Jul 7, 2007

Tribunal Affirms Deletion of Undisclosed Income Addition Following Retraction of Section 132(4) Statement Introduction The case of Deputy Commissioner of Income-tax, Circle 6(1), Ahmedabad v. Pramukh...

Validation of Jurisdiction Under Section 158BD: Insights from Assistant Commissioner of Income-tax, Yamuna Nagar v. Kishore Lal Balwant Rai

Date: Jun 30, 2007

Validation of Jurisdiction Under Section 158BD: Insights from Assistant Commissioner of Income-tax, Yamuna Nagar v. Kishore Lal Balwant Rai Introduction The case of Assistant Commissioner of...

Re-defining Ownership for Tax Benefits: Radhe Developers v. Income Tax Officer Judgment on Section 80-IB(10) Deductions

Date: Jun 30, 2007

Re-defining Ownership for Tax Benefits: Radhe Developers v. Income Tax Officer Judgment on Section 80-IB(10) Deductions Introduction The case of Radhe Developers v. Income Tax Officer adjudicated by...

Sumaraj Seafoods Judgment: Profit Attribution for Section 80-IB(3)(ii) Deductions in Cold Storage Operations

Date: Jun 27, 2007

Sumaraj Seafoods Judgment: Profit Attribution for Section 80-IB(3)(ii) Deductions in Cold Storage Operations Introduction The case of Sumaraj Seafoods (P.) Ltd. v. Income-tax Officer, Ward 2(3)(2),...

Reinforcing the Burden of Proof in Income Tax Assessments: Insights from Ms. Shyam Lata Kaushik v. Assistant Commissioner of Income-Tax

Date: Jun 23, 2007

Reinforcing the Burden of Proof in Income Tax Assessments: Insights from Ms. Shyam Lata Kaushik v. Assistant Commissioner of Income-Tax Introduction The case of Ms. Shyam Lata Kaushik v. Assistant...

Jindal Steel & Power Ltd. Judgment: Defining Market Value under Section 80-IA and Proper Accounting of Deposits

Date: Jun 8, 2007

Jindal Steel & Power Ltd. Judgment: Defining Market Value under Section 80-IA and Proper Accounting of Deposits Introduction The case of Additional Commissioner of Income-tax, Hisar Range, Hisar v....

Interpretation of Section 23(1)(c) for Computation of Annual Letting Value of Vacant Properties

Date: Jun 1, 2007

Interpretation of Section 23(1)(c) for Computation of Annual Letting Value of Vacant Properties Introduction The case of Premsudha Exports (P.) Ltd. v. Assistant Commissioner of Income-tax, Central...

Reaffirming Business Income Classification in Mall Management: Pfh Mall & Retail Management Ltd. v. Income-tax Officer

Date: May 12, 2007

Reaffirming Business Income Classification in Mall Management: Pfh Mall & Retail Management Ltd. v. Income-tax Officer Introduction The case of Pfh Mall & Retail Management Ltd. v. Income-tax...

Dependent Agent Permanent Establishment Taxation: Affirmation of Profits Attribution Beyond Arm's Length Remuneration

Date: Apr 21, 2007

Dependent Agent Permanent Establishment Taxation: Affirmation of Profits Attribution Beyond Arm's Length Remuneration Introduction The case of Deputy Director of Income-tax, International Taxation,...

Interpretation of "a Residential House" under Sections 54 and 54F: ITAT's Definitive Ruling

Date: Apr 18, 2007

Interpretation of "a Residential House" under Sections 54 and 54F: ITAT's Definitive Ruling Introduction The case of Income-tax Officer, Ward-19(3)-4, Mumbai v. Ms. Sushila M. Jhaveri (ITA No....

Commissioner of Income-tax v. Shiv Rattan Soni: Validity of Notices under Section 148 Post Search and Seizure

Date: Mar 29, 2007

Commissioner of Income-tax v. Shiv Rattan Soni: Validity of Notices under Section 148 Post Search and Seizure Disclaimer: This commentary is intended for informational purposes only and does not...

Appellate Authority's Discretion under Section 250(4) vs. Rule 46A: Insights from Income-tax Officer, Wd. 13(2)(1), Mumbai v. Industrial Roadways

Date: Mar 28, 2007

Appellate Authority's Discretion under Section 250(4) vs. Rule 46A: Insights from Income-tax Officer, Wd. 13(2)(1), Mumbai v. Industrial Roadways Introduction The case of Income-tax Officer, Wd....

Affirmation of Deductibility of Genuine Third Party Commissions and Enhanced Role of CBDT Circulars – Chicago Pneumatic India Ltd. v. Deputy Commissioner of Income-Tax

Date: Mar 24, 2007

Affirmation of Deductibility of Genuine Third Party Commissions and Enhanced Role of CBDT Circulars – Chicago Pneumatic India Ltd. v. Deputy Commissioner of Income-Tax Introduction The case of...

Determining the Nature of Expenditure under Income Tax Law: Insights from Glaxo Smith Kline Consumer Healthcare Ltd. v. Assistant Commissioner of Income-tax

Date: Mar 22, 2007

Determining the Nature of Expenditure under Income Tax Law: Insights from Glaxo Smith Kline Consumer Healthcare Ltd. v. Assistant Commissioner of Income-tax Introduction The case of Glaxo Smith Kline...

Section 80HHC Deductions Must Be Based on Regular Income-Tax Profits, Not Adjusted Book Profits Under Section 115JA: Syncome Formulations Judgment Analysis

Date: Mar 15, 2007

Section 80HHC Deductions Must Be Based on Regular Income-Tax Profits, Not Adjusted Book Profits Under Section 115JA: Syncome Formulations Judgment Analysis Introduction The case of Deputy...

Exclusion of Deferred Tax Charges and Dividend Tax from MAT Book Profit under Section 115JB: Balarampur Chini Mills Ltd. Judgment Analysis

Date: Mar 10, 2007

Exclusion of Deferred Tax Charges and Dividend Tax from MAT Book Profit under Section 115JB: Balarampur Chini Mills Ltd. Judgment Analysis Introduction The case of Assistant Commissioner of...

Section 50C: Limitation on Applicability in Unregistered Sale Agreements – Navneet Kumar Thakkar v. Income-tax Officer

Date: Mar 9, 2007

Section 50C: Limitation on Applicability in Unregistered Sale Agreements – Navneet Kumar Thakkar v. Income-tax Officer Introduction The case of Navneet Kumar Thakkar vs. Income-tax Officer, Ward-4...

Tribunal Upholds Discretion to Admit Additional Grounds of Appeal in Income Tax Proceedings

Date: Mar 7, 2007

Tribunal Upholds Discretion to Admit Additional Grounds of Appeal in Income Tax Proceedings Introduction The case of Assistant Commissioner of Income-tax v. DHL Operations BV adjudicated by the...