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The Commissioner of Income-tax cannot assume jurisdiction where the existence of two views is obvious

CASE LAW DETAILS Decided by: ITAT, “B-1″ BENCH : MUMBAI, In The case of:Neelam Mercantile Pvt. Ltd. v.ITO,  AppealNo. ITA No. 194/Mum/2008, Decided on: April 17, 2009 RELEVENT PARAGRAPH 7. The scope of section 263 has been determined by the propositions pro-founded by the Hon’bie Apex Court as well as other courts. For the revenue, an incorrect [...]
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Income tax department is set to start an online ‘judicial reference system’

The income tax department is set to start an online ‘judicial reference system’ in order to streamline thousands of departmental cases being fought in various courts and I-T tribunals across the country. The facility, to be used by I-T department officials initially, will put in place all the cases, petitions and Special Leave Petitions (SLPs) [...]
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ITAT Mumbai Bench Funtioning Notice From 08.06.09 to 13.06.09

NOTICE The following Benches will function during the period 08.06.09 to 12.06.09 ” A, B, C, D, E, E-1, F, G, H, SMC ” & SPECIAL BENCH ON 09.06.09 Sd/- (M.A.Bakshi) (Vice-President( M) Date:- 04.06.09
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Deemed dividend cannot be taxed in the hands of non-shareholder

Closely-held group companies that frequently borrow money from each other should make a mental note of a recent ruling by the income tax appellate tribunal (ITAT), a quasi-judicial tax authority. The tribunal has said that “deemed dividend cannot be taxed in the hands of non-shareholders. ” In order to avoid paying dividend distribution tax (DDT) [...]
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ITAT notification on result of appeal

Income-tax (Appellate Tribunal) Amendment Rules, 2009 – Amendment in rule 34 NOTIFICATION F.NO. 71-AD (AT) 2009, DATED 1-5-2009. In exercise of the powers conferred by sub-section (5) of section 255 of the Income-tax Act, 1961, the Appellate Tribunal hereby makes the following rules further to amend the Income-tax (Appellate Tribunal) Rules, 1963, namely: - 1. Short [...]
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ITAT Mumbai Benches not functioning from 01.06.09 to 04.06.09

NOTICE The following benches will not function during the period 01.06.09 to 04.06.09 ” H, I, J, K, L, WT & SMC ” Sd/- (D. Manmohan) Vice-President( MZ) Dated, 27.05.09
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All expenses need to be considered in computing profits and gains of an eligible business under section 80-IA/80-1B of IT Act, 1961

SUMMARY OF CASE LAW All the expenses of the business, whether direct or indirect; project specific or common expenses, have to be considered for computation of the profits and gains of an eligible business. CASE LAW DETAILS Decided by: ITAT, “B-1″ BENCH, MUMBAI, In The case of: Nitco Tiles Ltd. v. DCIT, Appeal No. : [...]
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Disallowance of Excise duty, if any, to be made under section 145A

SUMMARY OF CASE LAW Irrespective of the method followed by an assessee for accounting excise duty, adjustments as specified under section 145A are to be made; when the statute requires a particular methodology of adjustments for tax, duty, cess or fee then it is to be done ditto; neither the Assessing Officer nor the Commissioner [...]
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