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Royalty earned by NR from another NR not taxable in India even if payer embeds the now-how into products sold in India

Case Name : Qualcomm Incorporated Vs ADIT, Circle 2(1) International Taxation (ITAT Delhi)
Appeal Number : IT Appeal No. 3696 TO 3699 AND 3700 (DELHI) OF 2009
Date of Judgement/Order : 31/01/2013
Related Assessment Year : 2000-01 TO 2004-05
Courts : All ITAT (14953) ITAT Delhi (3706)
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Additional depreciation allowable only on acquisition & installation of new machinery

Case Name : International Cars & Motors Ltd. Vs Income-tax Officer, Ward-11(4), New Delhi (ITAT Delhi)
Appeal Number : IT Appeal No. 860 (Delhi) OF 2012
Date of Judgement/Order : 21/12/2012
Related Assessment Year : 2006-07
Courts : All ITAT (14953) ITAT Delhi (3706)
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Mere filing of return u/s. sec. 153A not sufficient to escape penalty for concealment

Case Name : Shourya Towers (P.) Ltd. Vs Deputy Commissioner of Income-tax (Delhi High Court)
Appeal Number : IT Appeal No. 170 OF 2012
Date of Judgement/Order : 12/12/2012
Related Assessment Year :
Courts : All High Courts (13954) Delhi High Court (3377)
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Penalty justified for claim of depreciation on asset not used in business

Case Name : Commissioner of Income-tax Vs Morgan Finvest (P.) Ltd. (Delhi High Court)
Appeal Number : IT Appeal No. 1855 OF 2010
Date of Judgement/Order : 06/12/2012
Related Assessment Year :
Courts : All High Courts (13954) Delhi High Court (3377)
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If What material fact not been disclosed is not clear in order rejecting the objections issue of notice u/s. 148 is invalid

Case Name : Shivalik Bimetal Controls Ltd Vs Income Tax Officer (Delhi High Court)
Appeal Number : W.P.(C) 7087/2012
Date of Judgement/Order : 24/01/2013
Related Assessment Year :
Courts : All High Courts (13954) Delhi High Court (3377)
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Assessee-trusts, being representative assessee of Self Help Group, not liable to deduct TDS

Case Name : Income-tax Officer, Ward I (1), Vellore Vs Sarvodaya Mutual Benefit Trust (ITAT Chennai)
Appeal Number : IT Appeal Nos.1098 & 1100 to 1104 (MDS.) of 2012
Date of Judgement/Order : 05/02/2013
Related Assessment Year : 2007-08 & 2008-09
Courts : All ITAT (14953) ITAT Chennai (858)
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S. 80G – HC grant Opportunity to Trust Negligent in Filing Requisite details due to employees’ laxity

Case Name : Guru Gobind Singh Educational Society Vs Commissioner, Income-tax (Madhya Pradesh High Court)
Appeal Number : W.P. No. 2315 of 2001
Date of Judgement/Order : 05/02/2013
Related Assessment Year :
Courts : All High Courts (13954) Madhya Pradesh HC (176)
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If company had admitted that it owed a sum to petitioner, winding up petition against it was to be admitted

Case Name : Re. Braithwaite & Co. Ltd. & Anr. (Calcutta High Court)
Appeal Number : C.P. No. 372 of 2012
Date of Judgement/Order : 05/02/2013
Related Assessment Year :
Courts : All High Courts (13954) Calcutta High Court (842)
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S. 69 ITAT to give clear finding as to whether the explanation offered by the assessee is satisfactory or not

Case Name : Commissioner of Income-tax-VIII Vs Ajai Shukla (Delhi High Court)
Appeal Number : IT Appeal No. 606 of 2012
Date of Judgement/Order : 16/01/2013
Related Assessment Year :
Courts : All High Courts (13954) Delhi High Court (3377)
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Prior to 01.04.2005 Production of Completion certificate was not compulsory to claim deduction u/s. 80-IB(10)

Case Name : Commissioner of Income-tax Vs Jain Housing & Constructions Ltd. (Madras High Court)
Appeal Number : Tax Case (Appeal) No. 759 OF 2010
Date of Judgement/Order : 02/11/2012
Related Assessment Year :
Courts : All High Courts (13954) Madras High Court (1763)
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