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If Assessee claims higher deduction in revised return, AO must consider the same

Case Name : Assistant Director of Income-tax (International Taxation) 3(1)/2(2) Vs Oman International Bank S.A.O.G (ITAT Mumbai)
Appeal Number : IT Appeal Nos. 2518 & 2675 (Mum.) of 2004
Date of Judgement/Order : 10/10/2012
Related Assessment Year : 2000-01 and 2001-02
Courts : All ITAT (14953) ITAT Mumbai (3584)
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CIT (A) cannot admit additional evidence without complying with Rule 46A

Case Name : Income Tax Officer, Ward-10(4), Kolkata Vs Electrical Mfg. Co. Ltd. (ITAT Kolkata)
Appeal Number : IT Appeal No. 638 (KOL.) Of 2012
Date of Judgement/Order : 25/09/2012
Related Assessment Year : 2008-09
Courts : All ITAT (14953) ITAT Kolkata (1035)
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No Revision U/s. 263 if issue been examined in detail by Assessing Officer

Case Name : Pradeep Bandhu Vs Commissioner of Income-tax (ITAT Jodhpur)
Appeal Number : IT Appeal No. 235 (JODH.) OF 2012
Date of Judgement/Order : 13/12/2012
Related Assessment Year : 2009-10
Courts : All ITAT (14953) ITAT Jodhpur (76)
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Sec. 80-IB – If both commercial and residential units are built, proportionate deduction to extent of compliance, would be allowed

Case Name : Commissioner of Income-tax Vs Arun Excello Foundations (P.) Ltd. (Madras High Court)
Appeal Number : Tax Case (Appeal) Nos. 1348 & 1349 of 2007
Date of Judgement/Order : 18/10/2012
Related Assessment Year :
Courts : All High Courts (13954) Madras High Court (1763)
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Machinery kept ready for use, but no actually used are entitled to depreciation

Case Name : National Thermal Power Corpn. Ltd. Vs Commissioner of Income-tax (Delhi High court)
Appeal Number : IT Reference No. 43-44 OF 1998
Date of Judgement/Order : 15/10/2012
Related Assessment Year :
Courts : All High Courts (13954) Delhi High Court (3377)
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‘Zarda Yukta Pan Masala’ is a tobacco preparation not eligible for deduction u/s. 80I

Case Name : Commissioner of Income Tax (Central), Kanpur Vs Kothari Pouches Ltd. (Allahabad High Court)
Appeal Number : IT Appeal No. 110 Of 2001, 526 And 528 Of 2012
Date of Judgement/Order : 16/10/2012
Related Assessment Year : 1990-91 To 1993-94 & 1995-96
Courts : All High Courts (13954) Allahabad High Court (800)
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Seismic services taxable under specific s. 44BB not under general s. 44DA

Case Name : Director of Income Tax-II Vs OHM Ltd. (Delhi High Court)
Appeal Number : W.P. (C) No. 6830 of 2011
Date of Judgement/Order : 06/12/2012
Related Assessment Year :
Courts : All High Courts (13954) Delhi High Court (3377)
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Entertainment expenses cannot be disallowed U/s. 37(1) after omission of S. 37(2)

Case Name : Assistant Director of Income-tax (International Taxation) Vs Credit Lyonnais (ITAT Mumbai)
Appeal Number : IT Appeal No. 5318 and 5344 (MUM.) OF 2001
Date of Judgement/Order : 10/10/2012
Related Assessment Year : 1998-99 to 2000-01
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Airport Authority isn’t a ‘municipality, Agricultural land situated within its jurisdiction is not a ‘capital asset’

Case Name : Smt. T. Urmila Vs Income-tax Officer, Ward-6(2) (ITAT Hyderabad)
Appeal Number : IT Appeal No. 398 (HYD.) OF 2012
Date of Judgement/Order : 12/12/2012
Related Assessment Year : 2008-09
Courts : All ITAT (14953) ITAT Hyderabad (630)
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Permitting assessee to withdraw objections can’t be interpreted as DRP’s direction on merit

Case Name : Bank of America NA Vs Assistant Director of Income Tax (IT) (ITAT Mumbai)
Appeal Number : IT Appeal No. 7100 (Mum.) of 2010
Date of Judgement/Order : 30/10/2012
Related Assessment Year : 2006-07
Courts : All ITAT (14953) ITAT Mumbai (3584)
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