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Licence fee paid for using MS Office software cannot be treated as Capital expenditure-

Case Name : M/s. ILink Multitech Solutions Pvt. Vs DCIT (ITAT Cheenai)
Appeal Number : ITA Nos.1544, 1545 & 1546/Mds/2017
Date of Judgement/Order : 28/12/2017
Related Assessment Year : 2012-13
Courts : All ITAT (14948) ITAT Chennai (858)
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Apex Court held ‘Purpose test’ is crucial factor to determine whether subsidy is capital or revenue in nature

Case Name : CIT Vs M/s. Chaphalkar Brothers Pune (Supreme Court of India)
Appeal Number : Civil Appeal Nos. 6513-6514 of 2012
Date of Judgement/Order : 07/12/2017
Related Assessment Year :
Courts : Supreme Court of India (2373)
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Revision U/s. 264 can be done for Firm’s expenses claimed in individual return after Assessee files revised computation for both

Case Name : Hitech Analytical Services Vs. Pr. CIT (Gujarat High Court)
Appeal Number : Special Civil Application No. 12764 to 12766, 12768 of 2017
Date of Judgement/Order : 19/09/2017
Related Assessment Year :
Courts : All High Courts (13945) Gujarat High Court (1139)
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Sales Tax Subsidy will be treated as a non-taxable capital receipt

Case Name : Sunbeam Auto Private Limited Vs Pr. Commissioner of Income tax (Delhi High Court)
Appeal Number : WP (C) 8941/2015
Date of Judgement/Order : 07/12/2017
Related Assessment Year :
Courts : All High Courts (13945) Delhi High Court (3375)
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Traveling Expenses on behalf of Associated Companies for which cost plus mark-up billing is done are allowable

Case Name : DCIT Vs. M/s. Sherpalo India Advisors (P) Ltd. (ITAT Delhi)
Appeal Number : ITA No. 6021/Del./2014
Date of Judgement/Order : 21/11/2017
Related Assessment Year : 2011- 12
Courts : All ITAT (14948) ITAT Delhi (3704)
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IT authority cannot direct assessee to maintain its accounts in a particular manner

Case Name : DCIT Vs. Rustomjee Ever shine Joint Venture Private Limited (ITAT Mumbai)
Appeal Number : I.T.A. No. 5613/Mum/2014
Date of Judgement/Order : 08/12/2017
Related Assessment Year : 2010- 11
Courts : All ITAT (14948) ITAT Mumbai (3583)
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No Penalty If determination of ALP not leads to any TP Adjustment, with no effect on income of assessee

Case Name : M/s Good Year India Limited Vs. DCIT (ITAT Delhi)
Appeal Number : I.T.A. No. 328/DEL/2015
Date of Judgement/Order : 04/12/2017
Related Assessment Year : 2006-07
Courts : All ITAT (14948) ITAT Delhi (3704)
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Business income or capital gains cannot be decided by merely looking at frequency of transaction in shares

Case Name : Ankur Scientific Energy Technlogies (P) Ltd. Vs Dy. CIT (ITAT Ahmedabad)
Appeal Number : ITA No. 2551/Ahd/2013
Date of Judgement/Order : 18/01/2017
Related Assessment Year : 2010-11
Courts : All ITAT (14948) ITAT Ahmedabad (1126)
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Excise Dept cannot confiscate a Vehicle merely because it was used to Transport Liquor

Case Name : Dr. Varunveer Vs. Financial Commissioner, Delhi And Ors (Delhi High Court)
Appeal Number : W.P.(C) 574/2017 & CM Nos. 2640/2017 & 28558/2017
Date of Judgement/Order : 13/12/2017
Related Assessment Year :
Courts : All High Courts (13945) Delhi High Court (3375)
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TDS not deductible on estimation /provision of expenses which was not paid

Case Name : Apax Partners India Advisers (P.) Ltd. Vs Dy. CIT (ITAT Mumbai)
Appeal Number : IT Appeal No. 628 (Mum.) of 2013
Date of Judgement/Order : 12/09/2017
Related Assessment Year : 2008-09
Courts : All ITAT (14948) ITAT Mumbai (3583)
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