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No Transfer Pricing adjustments can be made if actual transaction price is within safe harbour limit of +/- 5%

Case Name : ADIT (IT) 3(2) Vs. Ballast Nedam Dredging (ITAT Mumbai)
Appeal Number : IT Appeal No. 6531 (MUM.) of 2006 and 1591 (MUM.) Of 2008
Date of Judgement/Order : 31/01/2013
Related Assessment Year : 2002- 03 & 2003- 04
Courts : All ITAT (14952) ITAT Mumbai (3584)
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No Disallowance U/s 14A if investment been made by assessee out of its own interest free funds

Case Name : Director of Income Tax (IT)-II Vs. M/s. BNP Paribas SA (Bombay High Court)
Appeal Number : IT Appeal (L) No. 1776 of 2012
Date of Judgement/Order : 14/02/2013
Related Assessment Year :
Courts : All High Courts (13952) Bombay High Court (1882)
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No S. 40(a)(ia) Disallowance for non deduction of TDS on Salary Reimbursement to Sister concerns

Case Name : The Commissioner of Income Tax-II Vs. OCB Engineers (Bombay High Court)
Appeal Number : IT Appeal Lodging No. 2026 Of 2012
Date of Judgement/Order : 07/03/2013
Related Assessment Year :
Courts : All High Courts (13952) Bombay High Court (1882)
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Compensation paid for termination of lease arrangement which was for expansion of business is allowable

Case Name : Commissioner of Income Tax I Vs UTI Bank Ltd. (Gujarat High Court)
Appeal Number : Tax Appeal No. 119 Of 2013
Date of Judgement/Order : 22/03/2013
Related Assessment Year :
Courts : All High Courts (13952) Gujarat High Court (1140)
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Interest and penalty due of private limited company cannot be recovered from its Directors

Case Name : Nayan M. Shah Vs Income Tax Officer (Gujarat High Court)
Appeal Number : Special Civil Application No. 808 of 2013
Date of Judgement/Order : 04/03/2013
Related Assessment Year :
Courts : All High Courts (13952) Gujarat High Court (1140)
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Deduction U/s. 80IB(10) allowable to Assessee on development of a housing project even if the land is not owned by him

Case Name : Commissioner of Income Tax, Ahmedabad- IV Vs Mahadev Developers (Gujarat High Court)
Appeal Number : Tax Appeal No. 570 of 2012
Date of Judgement/Order : 28/01/2013
Related Assessment Year :
Courts : All High Courts (13952) Gujarat High Court (1140)
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TP -Giant companies are not comparable with smaller pygmy companies

Case Name : M/s. Patni Telecom Solutions Vs. ACIT (ITAT Hyderabad)
Appeal Number : ITA. No. 1846/Hyd/2012
Date of Judgement/Order : 25/04/2013
Related Assessment Year : 2008- 2009
Courts : All ITAT (14952) ITAT Hyderabad (630)
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Delay caused due to administrative mechanism of Government not condonable

Case Name : State of Gujarat Vs Sonia Industries (Gujarat High Court)
Appeal Number : Civil Application No. 445 of 2012
Date of Judgement/Order : 08/02/2013
Related Assessment Year :
Courts : All High Courts (13952) Gujarat High Court (1140)

Interest on refund could not be denied / delayed unless same is due to assessee’s failure to submit details

Case Name : M/s Metso Minerals (I) Pvt. Ltd. Vs. DCIT (ITAT Delhi)
Appeal Number : IT Appeal Nos. 3785 & 3786 (Delhi) of 2011
Date of Judgement/Order : 23/11/2012
Related Assessment Year : 1994- 95 & 1995- 96
Courts : All ITAT (14952) ITAT Delhi (3705)
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Advances written off not allowable unless the same were for the purpose of business

Case Name : M/s. Mitsu Limited Vs. Asst. CIT (ITAT Ahmedabad)
Appeal Number : IT Appeal Nos. 3088 & 3119 (Ahd.) of 2003
Date of Judgement/Order : 23/01/2013
Related Assessment Year : 2000- 01
Courts : All ITAT (14952) ITAT Ahmedabad (1127)
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