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Some important aspects of allowability of business claim and concealment of penalty

Case Name : IndusInd Bank Ltd. Vs DCIT (ITAT Mumbai)
Appeal Number : ITA No. 2839/Mum/2008
Date of Judgement/Order : 17/06/2015
Related Assessment Year :
Courts : All ITAT (14952) ITAT Mumbai (3584)

Review u/s 254(2) only if there is a mistake apparent from the record

Case Name : M/s. Janus Investment Pvt. Ltd. Vs ITO (ITAT Mumbai)
Appeal Number : ITA No.5057/Mum/2010
Date of Judgement/Order : 17/06/2015
Related Assessment Year : 2007-08
Courts : All ITAT (14952) ITAT Mumbai (3584)
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Issue of ‘treatment of forfeiture of guarantee amount given for purchase of machinery’ , ‘validity of entertaining Revised claim and disallowance u/s 14A

Case Name : Skol Breweries Ltd., Mumbai Vs Department Of Income Tax (ITAT Mumbai)
Appeal Number : ITA No. 1471/M/2012, ITA No. 3265/M/2012
Date of Judgement/Order : 17/06/2015
Related Assessment Year : 2002-03, 2006-07
Courts : All ITAT (14952) ITAT Mumbai (3584)
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Levy of Penalty u/s 221 by A.O. is discretionary and can be waived off if Good and sufficient reasons exists

Case Name : Shri Chandak Krishnagopal Motilal Vs ITO (ITAT Mumbai)
Appeal Number : ITA No. 2466/PN/2012
Date of Judgement/Order : 17/06/2015
Related Assessment Year : 2006-07
Courts : All ITAT (14952) ITAT Mumbai (3584)
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Interest u/s 215 cannot be levied if partner had paid advance tax in individual capacity on bonafide estimate of firm’s income

Case Name : CIT Vs M/s Mahesh Munjal HUF (Punjab & Haryana High Court)
Appeal Number : ITR No 7 of 1997
Date of Judgement/Order : 30/06/2015
Related Assessment Year :
Courts : All High Courts (13951) Punjab and Haryana HC (457)
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Assessee must prove genuineness of gift, circumstance and reason which necessitated making a gift

Case Name : Sarita Aggarwal Vs The Income Tax Officer (Delhi High Court)
Appeal Number : ITA no 133/2003
Date of Judgement/Order : 04/02/2015
Related Assessment Year :
Courts : All High Courts (13951) Delhi High Court (3377)
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Provisions of Section 245D (2C) can be invoked only if the assessee does not deposit income tax payable on income disclosed

Case Name : CIT Vs Vishan Das (Delhi High Court)
Appeal Number : ITA No. 404/2013
Date of Judgement/Order : 21/05/2015
Related Assessment Year :
Courts : All High Courts (13951) Delhi High Court (3377)
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Section 2(15) Hostel accommodation provided to various invitees could be considered as commercial activity? 

Case Name : India International Centre Vs ADIT (ITAT Delhi)
Appeal Number : ITA3124/Del/2014
Date of Judgement/Order : 11/05/2015
Related Assessment Year :
Courts : All ITAT (14952) ITAT Delhi (3705)
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Loss on account of intraday trading in shares settled through clearing difference bills is not speculative in nature

Case Name : CIT Vs Lalit Kumar Poddar (Delhi High Court)
Appeal Number : ITA No. 659/2014
Date of Judgement/Order : 14/01/2015
Related Assessment Year :
Courts : All High Courts (13951) Delhi High Court (3377)
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Penalty u/s 271(1)(c) in search assessment is tenable only if some incriminating material found during search

Case Name : M/s. Bhandari Construction Company Vs DCIT (ITAT Pune)
Appeal Number : ITA No. 22/PN/2014
Date of Judgement/Order : 17/06/2015
Related Assessment Year : 1998-99
Courts : All ITAT (14952) ITAT Pune (714)
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