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Judgements by CA Nikita

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Income from foreign commission

  CA Nikita    04 October 2007 at 19:55

Posted in Income Tax |   36 Views




THIS is a rare case where the assessee lost consistently at all stages from AO, through, Commissioner (Appeals), ITAT, High Court and now the Supreme Court. For the assessment year 1992-93, the assessee appellant had claimed deduction under

Posted in Income Tax |   14 Views



Block assessment - notice u/s 158BC(a) cannot be equated with that of notice u/s 148; Defects in notice protected under umbrella of Sec 292B : Bombay HC

Posted in Income Tax |   79 Views



Can double benefits u/s 10B and Sec 80HHC be allowed on exports of same goods? - Can Revenue deny Sec 80HHC benefits if exports are made from third country? - Tribunal says YES in first case and NO in second

Posted in Income Tax |   25 Views



Need for notice u/s 143(2) cannot be dispensed with in a case where AO proceeds to make inquiry for assessment, and determination of taxes payable after issuing notice u/s 143(1) as well : ITAT

Posted in Income Tax  1 comments |   35 Views


TDS on 'usance interest'

  CA Nikita    27 September 2007 at 12:17

TDS on 'usance interest' - Payment of interest u/s 201(1A) - effective date - liability from the date of payment and not from day Gujarat HC decision given : ITAT Third Member

Posted in Income Tax |   37 Views


Indo-Canadian DTAA is based on UN Model

  CA Nikita    27 September 2007 at 12:17

Indo-Canadian DTAA is based on UN Model - Profits not only attributable to PE but also arising out of sales in other contracting State are taxable in India : ITAT

Posted in Others |   40 Views



Transfer of immovable property - capital gains - To attract clause (v) of Sec 2(47), it is not necessary that full sale consideration is received by the owner : Advance Ruling

Posted in Income Tax |   59 Views


Interest on Refund!

  CA Nikita    25 September 2007 at 15:51

Case Fact: Whether assessee is entitled to interest on refund due on account of payment of excess self assessment tax u/s 140A?

Posted in Income Tax |   13 Views