objection

Clarification regarding filing of Objections before Dispute Resolution Panel (DRP)

A new section 144C was inserted in the Income-tax Act, 1961 vide Finance (No. 2) Act of 2009. Section 144C provides for constitution of a Dispute Resolution Panel (DRP) to decide cases of an eligible assessee as defined in sub-section (15) of section 144C of the Income-tax Act. The Dispute Resolution Panel Rules were notified vide SO No. 2958 (E) dated 20th November 2009.
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Words “any other law for the time being in force” in section 100A of CPC shall also cover appeal u/s 483 of Companies Act

even if under Section 483,there was no condition prohibiting an appeal against an order of the learned Single Judge passed in appellate exercise of jurisdiction, the said exclusion has been now specifically provided in by the Legislature under Section 00-A C.P.C. The judgment of the Apex Court in Kamal Kumar Dutta (supra)applies with full force in the facts of the present case.
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Prerequisite of section 12AA of IT Act for rejection of registration of a trust

CASE LAW DETAILS Decided by:. ITAT, MUMBAI BENCHES `G’, MUMBAI, In The case of: Memorial Medical Association v CIT, Appeal No. : ITA No. 2957/Mum/2006, Decided on: March 18, 2009 SUMMARY OF CASE LAW The requirement of section 12AA is that the order granting or refusing the registration is to be passed by the CIT [...]
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Non-compete right’ acquired by an assessee is eligible for depreciation under clause (ii) of section 32(1) of IT Act

CASE LAW DETAILS Decided by:. ITAT, BENCH `A’ CHENNAI, In The case of: ITO v Medicorp Technologies India Ltd., Appeal No. : ITA No. 2328/Mds/2007, Decided on: January 16, 2009 SUMMARY OF CASE LAW Capability to have a market value, assignability, transferability, diminution in value, are no more the touch stones on which the admissibility [...]
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Sharing of knowledge shall not be called as consulting engineering service when expertise acquired by a concern is also used for its own benefit along with others

CASE LAW DETAILS Decided by:. CESTAT, PRINCIPAL BENCH, NEW DELHI, In The case of: Nyco S. A. v. CST, Appeal No. : STA No. 19 & 27 of 2007 –Cus. , Decided on: February 23, 2009   RELEVENT PARAGRAPH  6. We have thoroughly gone through the averments of both the sides. To appreciate the case of [...]
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The assessee is entitled to take advantage of reassessment proceedings to re-raise issues that have not attained finality

Export Credit Guarantee Corp vs. ITO (ITAT Bombay) Where the AO reopened the assessment to rework the book profits u/s 115JA and in an appeal against such order the assessee raised other issues unconnected with the reassessment and the preliminary point arose as to whether in the light of the judgement of the Supreme Court [...]
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Validity of assessment order for want of service of notice u/s 143(2)

ITO VS. VARIA PRATIK (ITAT A’BAD) Though s. 292BB comes into force on 1.4.2008 and not from any particular assessment year, it is declaratory, procedural and curative in nature and accordingly the validity of notices issued/served will have to be decided after 31.3.2008 in accordance with the provisions of section 292BB irrespective of the assessment year involved;
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