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AO cannot rectify order passed by appellate authorities

Case Name : Commissioner of Income Tax Vs V.S. Dempo & Co. Pvt. Ltd. (Bombay High Court)
Appeal Number : Tax Appeal No. 50 of 2012
Date of Judgement/Order : 19/10/2012
Related Assessment Year :
Courts : All High Courts (13954) Bombay High Court (1882)
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For income tax Purpose Working of actuarial surplus in accordance with rule 2 of First Schedule to insurance Act is valid

Case Name : ICICI Prudential Insurance Co. Ltd. Vs Assistant Commissioner of Income-tax (ITAT Mumbai)
Appeal Number : IT Appeal Nos. 6059, 6854-6856, 7213 & 7765 to 7767 (MUM.) of 2010
Date of Judgement/Order : 14/10/2012
Related Assessment Year : 2005-06 to 2008-09
Courts : All ITAT (14953) ITAT Mumbai (3584)
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‘Freight beneficiary’ in a shipping business to be assessed under normal Income tax provisions and not u/s. 172

Case Name : Income-tax Officer, International Taxation Vs Marine Containers Services (India) (P.) Ltd. (ITAT Rajkot)
Appeal Number : IT Appeal No. 61 (Rajkot) of 2012, Co No. 21 (Rajkot) of 2012
Date of Judgement/Order : 01/11/2012
Related Assessment Year : 2010-2011
Courts : All ITAT (14953) ITAT Rajkot (90)
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Salary to wife cannot be allowed for mere possession of knowledge if the same is not been applied

Case Name : Yashwant Chhajta Vs Deputy Commissioner of Income-tax (Himachal Pradesh High Court)
Appeal Number : IT Appeal Nos. 66 & 67 of 2008
Date of Judgement/Order : 28/12/2012
Related Assessment Year :
Courts : All High Courts (13954) Himachal Pradesh HC (97)
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Exemption u/s. 10(23C)(vi) can be claimed without applying for registration u/s. 12A

Case Name : Commissioner of Income Tax Vs Jeevan Deep Charitable Trust (Allahabad High Court)
Appeal Number : IT Appeal No. 471 of 2011
Date of Judgement/Order : 29/10/2012
Related Assessment Year :
Courts : All High Courts (13954) Allahabad High Court (800)
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Initiation of reassessment proceedings on basis of assessment for subsequent assessment year

Case Name : NYK Line (India) Ltd. Vs Deputy Commissioner of Income Tax (Bombay High Court)
Appeal Number : Writ Petition No. 159 of 2012
Date of Judgement/Order : 10/02/2012
Related Assessment Year :
Courts : All High Courts (13954) Bombay High Court (1882)
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Discounting charges not amounts to interest and taxable as business income

Case Name : Director of Income-tax, International Taxation Vs Cargil TSF PTE Ltd. (Delhi High Court)
Appeal Number : IT Appeal Nos. 621 to 624 of 2012
Date of Judgement/Order : 19/11/2012
Related Assessment Year :
Courts : All High Courts (13954) Delhi High Court (3377)

Additional evidences cannot be accepted by CIT(A) without following mandate in terms of rule 46A

Case Name : Assistant Commissioner of Income-tax Vs Nirula Handicrafts Bazar (P.) Ltd. (ITAT Delhi)
Appeal Number : IT Appeal No. 3886 (DELHI) of 2012
Date of Judgement/Order : 12/10/2012
Related Assessment Year : 2008-09
Courts : All ITAT (14953) ITAT Delhi (3706)
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Addition U/s. 41(1) not justified on failure of revenue to prove adjustment of liability

Case Name : Smt. Victoria Roberts Vs Assistant Commissioner of Income-tax (ITAT Bangalore)
Appeal Number : IT Appeal No. 88 (BANG.) of 2012
Date of Judgement/Order : 14/09/2012
Related Assessment Year : 2008-09
Courts : All ITAT (14953) ITAT Bangalore (1081)
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Export commission paid to nonresident agent for taxable services outside India is not taxable in India

Case Name : Deputy Commissioner of Income-tax Vs Angelique International Ltd. (ITAT Delhi)
Appeal Number : IT Appeal No. 4167 (DELHI) of 2012
Date of Judgement/Order : 26/10/2012
Related Assessment Year : 2009-10
Courts : All ITAT (14953) ITAT Delhi (3706)
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