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International Shipping Profit taxable in the country of residence of the assessee company

Case Name : Assistant Director of Income-tax, Vs Mediterranean Shipping Co. (ITAT Mumbai)
Appeal Number : IT Appeal No. 2311 (MUM.) OF 2007
Date of Judgement/Order : 06/11/2012
Related Assessment Year : 2003-04
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Validity of filtration criteria for selection process adopted by TPO to Compute ALP

Case Name : Assistant Commissioner of Income-tax Vs Rhoida Chemicals India (P.) Ltd. (ITAT Mumbai)
Appeal Number : IT Appeal No. 4201 (Mum.) of 2007
Date of Judgement/Order : 28/09/2012
Related Assessment Year : 2003-04
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Bagasse used as a fuel usually in sugar mills, cannot be considered as ‘scrap’ for sec. 206C

Case Name : Income Tax Officer Vs. M/s. Nawanshahar Co-op. Sugar Mills Ltd (ITAT Amritsar)
Appeal Number : IT Appeal Nos. 311 To 314 (ASR.) Of 2012
Date of Judgement/Order : 19/11/2012
Related Assessment Year : 2007- 08 To 2010- 11
Courts : All ITAT (14953) ITAT Amritsar (160)
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CIT have no jurisdiction in respect of an issue considered by CIT (A)

Case Name : K. Sera Sera Productions Vs Commissioner of Income-tax (ITAT Mumbai)
Appeal Number : IT Appeal No. 3024 (Mum.) of 2012
Date of Judgement/Order : 14/09/2012
Related Assessment Year :
Courts : All ITAT (14953) ITAT Mumbai (3584)
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TPO to consider objections of Assessee against the comparable selected by him to arrive at the ALP

Case Name : Ecom Gill Cofee Trading (P.) Ltd. Vs Deputy Commissioner of Income-tax (ITAT Bangalore)
Appeal Number : IT Appeal No. 853 (BANG.) of 2011
Date of Judgement/Order : 14/09/2012
Related Assessment Year : 2007-08
Courts : All ITAT (14953) ITAT Bangalore (1081)
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Reimbursable expenditure not subject to rigour of section 40a(ia) if not claimed as expense

Case Name : Mitra Logistic (P.) Ltd. Vs Income-tax Officer, Ward 9(1), Kolkata (ITAT Kolkata)
Appeal Number : IT Appeal No. 852 AND 944 (KOL.) OF 2011
Date of Judgement/Order : 25/09/2012
Related Assessment Year : 2007-08
Courts : All ITAT (14953) ITAT Kolkata (1035)

Nature of profit from sale of shares depends on intention of acquisition of shares irrespective of its treatment in books

Case Name : Assistant Commissioner of Income-tax, Circle-31(1), New Delhi Vs Manoj Kumar Samdaria (ITAT Delhi)
Appeal Number : IT Appeal No.1262 (DELHI) OF 2012
Date of Judgement/Order : 05/10/2012
Related Assessment Year : 2007-08
Courts : All ITAT (14953) ITAT Delhi (3706)
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Duration of each contract is to be taken into consideration separately for determining whether or not any PE was constituted

Case Name : Deputy Commissioner of Income-tax, Circle 3(1), Mumbai Vs J. Ray McDerrmott Eastern Hemisphere Ltd. (ITAT Mumbai)
Appeal Number : IT Appeal No. 2089 (MUM.) OF 2011
Date of Judgement/Order : 12/10/2012
Related Assessment Year : 1997-98
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Every entity has a right to carry on its objectives in the manner it considers best

Case Name : Chiranjiv Charitable Trust Vs Additional Director of Income-tax (E), Range-1, New Delhi (ITAT Delhi)
Appeal Number : IT Appeal No. 3602 & 3856 (DELHI) OF 2009 AND 786 (DELHI) OF 2011
Date of Judgement/Order : 30/04/2012
Related Assessment Year : 2006-07 & 2007-08
Courts : All ITAT (14953) ITAT Delhi (3706)
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For Deemed Dividend, accumulated profits do not include current year’s business profit, since it accrues only at end of year

Case Name : P. Satya Prasad Vs. ITO (ITAT Visakhapatnam)
Appeal Number : IT Appeal No. 293 (Vizag.) of 2012
Date of Judgement/Order : 16/11/2012
Related Assessment Year : 2007- 08
Courts : All ITAT (14953) ITAT Visakhapatnam (139)
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