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Section 68 cannot be applied where Assessee discharges onus to prove receipt of share capital along with premium

Case Name : DCIT Vs M/s Ansh Intermediate Services Pvt. Ltd. (ITAT Lucknow)
Appeal Number : ITA No.243/LKW/2015
Date of Judgement/Order : 22/09/2015
Related Assessment Year : 2010-2011
Courts : All ITAT (14951) ITAT Lucknow (120)
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Rates as per DTAA includes all surcharges, addition on account of education cess not sustainable

Case Name : OSRAM India Pvt. Ltd. Vs DCIT (ITAT Delhi)
Appeal Number : Income Tax (Appeal) No. 4052 of 2015
Date of Judgement/Order : 29/12/2015
Related Assessment Year : 2014-15
Courts : All ITAT (14951) ITAT Delhi (3705)
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Warehouse leasing Income of Company incorporated with such object is to be taxed as business income

Case Name : DCIT Vs DRS Warehousing (North) Pvt. Ltd. (ITAT Delhi)
Appeal Number : Income Tax (Appeal) No. 4354 of 2012
Date of Judgement/Order : 16/12/2015
Related Assessment Year : 2009-10
Courts : All ITAT (14951) ITAT Delhi (3705)
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Monetary limit for filing of appeals also applies to Pending References

Case Name : CIT Vs M/s. Sunny Sounds P. Ltd. (Bombay High Court)
Appeal Number : Income Tax Reference no. 213 of 1997
Date of Judgement/Order : 08/01/2016
Related Assessment Year :
Courts : All High Courts (13948) Bombay High Court (1882)
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No change in ITAT powers to extend stay / interim relief, even post substitution of third proviso to sec. 254 (2A)

Case Name : CIT Vs M/s Tata Teleservices (Maharashtra) Ltd. (Bombay High Court)
Appeal Number : Writ Petition Nos. 3437-3440 of 2015
Date of Judgement/Order : 16/12/2015
Related Assessment Year : 2009-10 to 2012-13
Courts : All High Courts (13948) Bombay High Court (1882)

Bogus Purchases: Addition solely based on sales-tax dept. info not sustainable

Case Name : Hiralal Chunilal Jain Vs ITO (ITAT Mumbai)
Appeal Number : ITA No. 4547/MUM/2014
Date of Judgement/Order : 01/01/2016
Related Assessment Year : 2009-2010
Courts : All ITAT (14951) ITAT Mumbai (3583)
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Department must not take advantage of ignorance of the assessee about his rights

Case Name : Madhabi Nag Vs ACIT (ITAT Kolkata)
Appeal Number : ITA No.512/Kol/2015
Date of Judgement/Order : 09/12/2015
Related Assessment Year : 2008-09
Courts : All ITAT (14951) ITAT Kolkata (1035)
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Flats to be constructed by vendee on behalf of co–owners does not constitute non–monetary consideration

Case Name : ACIT Vs Late Gopal V. Gorwani (ITAT Mumbai)
Appeal Number : ITA no. 421/Mum./2013
Date of Judgement/Order : 20/11/2015
Related Assessment Year : 2005–06
Courts : All ITAT (14951) ITAT Mumbai (3583)
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Addition u/s 68 cannot be made solely on the ground of non-production of payer’s bank statement

Case Name : Shri Ashutosh Garg Vs ACIT (ITAT Delhi)
Appeal Number : IT Appeal No.-5642/2012
Date of Judgement/Order : 30/10/2015
Related Assessment Year : 2003-04
Courts : All ITAT (14951) ITAT Delhi (3705)
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Rule 46A – No contravention, as Arbitral Award not in nature of document/evidence, may be considered in any stage of proceedings

Case Name : M/s HMM Coaches Ltd. Vs ACIT (ITAT Chandigarh)
Appeal Number : Income Tax Appeal Nos. 66/CHD/2014 & 39/Chd/2014
Date of Judgement/Order : 20/10/2015
Related Assessment Year : 2009-10
Courts : All ITAT (14951) ITAT Chandigarh (315)
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