Income Tax Judgements



Penalty u/s 271(1)(C) – concealment of income – held that - there was a difference of opinion and there were three decisions in favour of the assessee which was ultimately decided against the assessee only after the return was filed by him and conseq

Posted in Income Tax |   2 comments |   7161 Views



In this case, the ITAT gave an order favouring the I-T departments decision to levy tax on $1 million (about Rs 4.5 crore) paid by an Indian company to a Chinese firm for services rendered in China.

Posted in Income Tax |   1746 Views



The only issue in assessee's appeal is against the adjustment of Rs.21,95,034/- made by the Transfer Pricing Officer in respect of transaction with associated enterprises which has been partly confirmed by Ld. CIT(A). The company is engaged in the ma

Posted in Income Tax |   2140 Views


Judicial records at ITAT under RTI

  Anuraag Sharma    13 October 2010 at 13:06

Chief Information Commissioner Wajahat Habibullah was hearing the plea of RTI applicant Rakesh Kumar Gupta who had sought inspection of records in a case at ITAT, related to Escorts Heart Institute and Research Centre.

Posted in Income Tax |   1529 Views



In this case, the income being subject to tax is $I million paid by Indian company Ashapura Minechem to China Aluminium International Engineering Corp. The payment was made for services rendered by the Chinese company for bauxite testing. The final r

Posted in Income Tax |   1920 Views


DIVIDEND STRIPING

  CA Sanjay Jha    13 October 2010 at 13:06

Pre S. 94(7) dividend stripping loss cannot be disallowed. Transaction cannot be ignored on ground that it is for tax-planning

Posted in Income Tax |   2318 Views


Dividend Stripping before 2001

  Aditya Maheshwari    13 October 2010 at 13:06

Pre S. 94(7) dividend stripping loss cannot be disallowed. Transaction cannot be ignored on ground that it is for tax-planning

Posted in Income Tax |   1482 Views



DEPB sale proceeds cannot be bifurcated into “profits” and “face value”. The entire amount is “profits” for s. 80HHC r.w.s. 28(iiid)

Posted in Income Tax |   2360 Views



The Supreme Court on February 2, 2010 delivered a judgment in the case of Asstt. CIT v. Hotel Blue Moon [2010] 188 Taxman 113, [along with other 5 appeals heard together] against the Income-tax Department. The only issue for the determination of the

Posted in Income Tax |   1 comments |   5092 Views


SECTION 68

  PANKAJ KHURANA    13 October 2010 at 13:06

Though in Section 68 proceedings, the initial burden of proof lies on the assessee yet once he proves the identity of the creditors/share applicants by either furnishing their PAN number or income tax assessment number and shows the genuineness of t

Posted in Income Tax |   3856 Views




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