Income Tax Judgements

Held by the Hon`ble Court that, if it be assumed that the subscribers of application money were not genuine, under no circumstances amount of share application money could be regarded as undisclosed income of the company. Therefore share application

Advance Ruling - Transfer of shares between two non-resident entities abroad

Held by the Hon`ble Court that, no authority has been given to assessing officer u/s 142(2A) of the Income tax Act to make an order for preparation of fresh books by referring the matter to an auditor under special audit. Therefore A.O. is not justif

Held by the Hob`ble Authority that as per article 13(5) of the DTAA between India & Netherlands in case of corporate reorganisation where the transferor or transferee owned atleast 10% of the capital of the other, the capital gain on such transfers c

Held by the Hon`ble Court that, the Tribunal misread and misapplied rules, 19 and 20 of the 1963 Rules in holding that the assessee`s appeal not maintainable. Tribunal could have proceeded hearing the appeal ex-parte as per rule 24 but that was not d

Held by the Hon`ble Court that the basic licence fees included in the bid money is not part and parcel of the purchase consideration rather it is a price for parting with the privilege in favour of highest bidder as such it is not liable for collecti

Held by the Hon`ble Court that, whole amount of custom and excise duty paid by the assessee in a particular year is allowable under section 43 B of the income tax Act, 1961 as a deduction in respect of that year, irrespective of the amount included i

Held by the Hon`ble Bench that, the scheme was introduce for the overall skill level improvement and the only aim was to facilitate the carrying on the business more efficiently and more profitably. Therefore expenditure incurred for achieving optimu

Held by the Hon"ble court that the real contributors of income by availing the facilities of the marriage hall were not the members but non-members made temporary members for the purpose of renting the hall.Hence, the principle of mutuality would not

The Income-Tax Appellate Tribunal has held that transfer pricing is not an exact science in which mathematical certainty is possible and some approximations cannot be ruled out. The case relates to transfer pricing of captive software development ser