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Non-resident French shipping company not to pay tax on business income unless it is having PE in India

Case Name : Delmas France S.A. Vs Assistant Director of Income-tax (International Taxation) (ITAT Mumbai)
Appeal Number : IT Appeal No. 8991 (Mum.) of 2010
Date of Judgement/Order : 16/01/2013
Related Assessment Year : 2007-08
Courts : All ITAT (14953) ITAT Mumbai (3584)
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S. 80HHE Transmission of customized electronic data & Data entry Job is notified computer software service

Case Name : Commissioner of Income-tax Vs Malhar Information Services (Bombay High Court)
Appeal Number : IT Appeal No. 6208 of 2010†
Date of Judgement/Order : 08/01/2013
Related Assessment Year :
Courts : All High Courts (13954) Bombay High Court (1882)

Amendment to s. 40(a)(ia) by Finance Act, 2008, is WEF from 1-4-2005

Case Name : Income-tax Officer Vs Anil Kumar & Co. (Karnataka High Court)
Appeal Number : IT Appeal No. 6001 Of 2013
Date of Judgement/Order : 01/02/2013
Related Assessment Year :
Courts : All High Courts (13954) Karnataka High Court (635)
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Even if trust receipt exceed Rs.10 lakh AO can deny exemption but cannot cancel its registration

Case Name : Madras Motor Sports Club Vs Director of Income-tax (Exemptions) (ITAT Mumbai)
Appeal Number : I T Appeal no. 777 (MDS.) OF 2012
Date of Judgement/Order : 21/12/2012
Related Assessment Year : 2009-10
Courts : All ITAT (14953) ITAT Mumbai (3584)

Expenditure incurred on garden to control pollution is deductible

Case Name : Commissioner of Income-tax-IV Vs Torrent Pharmaceuticals Ltd. (Gujarat High Court)
Appeal Number : Tax Appeal No. 1011 OF 2011
Date of Judgement/Order : 30/10/2012
Related Assessment Year :
Courts : All High Courts (13954) Gujarat High Court (1140)

Transfer Pricing – DEPB benefit should be considered as part of turnover for working out profit margin

Case Name : Welspun Zucchi Textiles Ltd. Vs Assistant Commissioner of Income-tax (ITAT Mumbai)
Appeal Number : IT Appeal No. 6539 (MUM.) OF 2009 & 898 (Mum.) of 2010
Date of Judgement/Order : 11/01/2013
Related Assessment Year :
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Writ petition can be filed against SCN if it based on invalid Circular/Instruction

Case Name : Vistar Construction (P.) Ltd. Vs Union of India (Delhi High Court)
Appeal Number : W.P. (C) nos. 5636 OF 2010 and 3632 of 2012
Date of Judgement/Order : 23/01/2013
Related Assessment Year :
Courts : All High Courts (13954) Delhi High Court (3377)
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Assessee entitled to depreciation on toll road/bridge constructed by it under concession agreement

Case Name : Commissioner of Income Tax Vs. M/s Noida Toll Bridge Co Ltd (Allahabad High Court)
Appeal Number : IT Appeal No. 316 Of 2011
Date of Judgement/Order : 08/11/2012
Related Assessment Year :
Courts : All High Courts (13954) Allahabad High Court (800)
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Vessel engaged in drilling operations is ‘qualifying ship’ u/s. 115VD & eligible for tonnage tax scheme

Case Name : The Commissioner Of Income Tax Vs Jaggon International Ltd. (Delhi High Court)
Appeal Number : IT Appeal No. 1395 Of 2010 & 1289 Of 2011
Date of Judgement/Order : 08/11/2012
Related Assessment Year :
Courts : All High Courts (13954) Delhi High Court (3377)
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Leasing Income of building which includes providing infrastructural facility for running IT Company is business income

Case Name : Commissioner of Income Tax Vs. M/s. Elnet Technologies Limited (Madras High Court)
Appeal Number : Tax Case (Appeal) No. 2336 & 2623 Of 2006 and 2169 Of 2008
Date of Judgement/Order : 09/10/2012
Related Assessment Year :
Courts : All High Courts (13954) Madras High Court (1763)
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