high court judgments judiciary-2

Assessee could be taxed only for the income that it has derived

CIT Vs M/s Olam Export (India) Ltd. (Kerla High Court)

These Income Tax appeals are filed by the Revenue aggrieved by the order passed by the Income Tax Appellate Tribunal, Cochin Bench allowing I.T.A. Nos. 428 & 429 of 2002 filed by the respondent/assessee concerning the assessment years 1997-98 and 1998-99....

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Assessee’s submission in arriving at the ALP is not final, It is for TPO to examine and find out companies listed as comparables

CIT Vs M/s. Tata Power Solar Systems Ltd., (Bombay High Court)

We find that the impugned order of the Tribunal holding that a party is not barred in law from withdrawing from its list of comparables, a company, if the same is found to have been included on account of mistake as on facts, it is not comparable. The Transfer Pricing Mechanism requires comparability analysis to be done b...

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Taxability of Interest on interim compensation received pending final disposal by HC

Smt. Premlata Purshottam Paldiwal Vs CIT, (Bombay High Court- Nagpur Bench)

Bombay High Court held that Interest on interim compensation received pending final disposal by the High Court is income if there is no direction given by the Court.  The source of funds to earn income cannot determine the taxability of the income earned on the capital amount which has been invested. This in the absence […]...

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Sec. 194J TDS not deductible on Payments for SMS Services

CIT (TDS) Vs Bajaj Allianze Life Insurance Co. Ltd. (Bombay High Court)

1. These appeals pertain to Assessment Years 2007-­08 and 2008­-09. 2. Mr. Singh, learned Counsel for the appellant submits that the Tribunal was not justified in law to hold that the provisions of Section 194J is not applicable in respect of the payments made to M/s. Valuefirst Messaging Pvt. Ltd. for providing SMS services as [&hellip...

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4 year limitation period for Re-Assessment is an Exception and not the Rule

Unitech Limited Vs DCIT (Delhi High Court)

This is yet another case in the ever increasing number of cases filed before this Court challenging the issuance of notice under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as the Act)....

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Assessee cannot claim to be under reasonable belief of Income Exemption after paying Tax on the same for 40 Years

Trustee of Saurashtra Trust Vs The Directors of Income Tax (Exemption) (Bombay High Court)

On allowing appeals by the Revenue and / or rejection of Cross Objections filed by the assessee, the assessee moved an application seeking reference of following two questions of law for decision of this court...

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Onus of ensuring presence of deponent cannot be shifted to assessee

Principal Commissioner of Income Tax Vs Best Infrastructure (India) Pvt. Ltd. (Delhi High Court)

S. 68: Statements recorded u/s 132 (4) do not by themselves constitute incriminating material. A copy of the statement together with the opportunity to cross-examine the deponent has to provided to the assessee. If the statement is retracted and/or if cross-examination is not provided, the statement has to be discarded. The onus of ensuri...

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6 Month limitation period commences from the date of receipt of order sought to be rectified by assessee

Liladhar T Khushlani Vs Commissioner or Customs (Gujrat High Court at Ahemdabad)

Feeling aggrieved and dissatisfied with the impugned order passed by the learned Central, Excise & Service Tax Appellate Tribunal, West Zonal Bench, Ahmedabad (hereinafter referred to as CESTAT) dated 18/08/2015 by which the learned CESTAT has dismissed the rectification application on the ground that the said application has been preferr...

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Kerala HC allows IT Returns filing without Quoting of Aadhaar

Prasanth Sugathan Vs. Union Of India (High Court Of Kerala At Ernakulam)

Writ Petition (civil) praying inter alia that in the circumstances stated in the affidavit filed along with the WP(C) the High Court be pleased to issue an interim order, directing the resondents to allow the petitioner to file IT returns through e-filing or through Manual Filing without insisting on Aadhar number / Enrolment No., pending...

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Search, Re-Assessment etc. of Non-Existent Entity is Invalid

BDR Builders & Developers Pvt. Ltd Vs ACIT (Delhi High Court)

Proceedings under Section 148 of the Act which commenced with the notice dated 3rd April, 2012 issued to VBPPL were itself void ab initio for the simple reason that on that day VBPPL was not in existence as a result of the order dated 20th February, 2013 of the High Court approving its amalgamation with the Petitioner with effect from 1st...

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