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S. 80HHC Calculation – Unrealised Export Sales will form part of Total Turnover

Case Name : Galaxy Granites (P.) Ltd. Vs Commissioner of Income-tax, Chennai (Madras High Court)
Appeal Number : Tax Case (Appeal) No. 492 OF 2006
Date of Judgement/Order : 23/07/2012
Related Assessment Year :
Courts : All High Courts (13955) Madras High Court (1763)
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Extraordinary profits cannot lead to conclusion that there is an arrangement between parties

Case Name : Commissioner of Income-tax-7 Vs Schmetz India (P.) Ltd. (Bombay High Court)
Appeal Number : IT Appeal No. 4508 of 2010
Date of Judgement/Order : 04/09/2012
Related Assessment Year :
Courts : All High Courts (13955) Bombay High Court (1882)
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Appeal disposed of on merits but without a speaking order, cannot be sustained

Case Name : Dynamic Process Pvt. Ltd. Vs Assistant Commissioner of Income-tax (ITAT Kolkata)
Appeal Number : I.T.A No. 768/Kol/2012
Date of Judgement/Order : 11/09/2012
Related Assessment Year : 2007-08
Courts : All ITAT (14953) ITAT Kolkata (1035)
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No Exemption u/s.10(23C) to educational institute if It earns huge profits

Case Name : M.P. Rajya Open School Bhopal Vs Deputy Commissioner of Income-tax-1(2) (ITAT Indore)
Appeal Number : IT Appeal Nos. 193 to 198 (Ind.) of 2012
Date of Judgement/Order : 08/11/2012
Related Assessment Year : 2003-04 to 2008-09
Courts : All ITAT (14953) ITAT Indore (160)
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‘In personam’ rights such as non-compete fees cannot be treated as depreciable intangible assets

Case Name : Sharp Business System Vs CIT (Delhi High Court)
Appeal Number : IT APPEAL No. 492 OF 2012
Date of Judgement/Order : 05/11/2012
Related Assessment Year :
Courts : All High Courts (13955) Delhi High Court (3377)
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Reimbursement of expense cannot be treated as loan or deposit to attract Section 269SS or 269T

Case Name : Income-tax Officer Vs Hostel (Gujarat High Court)
Appeal Number : Tax Appeal Nos. 1463 & 1466 of 2011
Date of Judgement/Order : 18/09/2012
Related Assessment Year :
Courts : All High Courts (13955) Gujarat High Court (1140)
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Mere possession of valuable items not sufficient to form a belief that same not been or would not be disclosed

Case Name : LKS Bullion Import and Exort Pvt Ltd Vs Director General of Income Tax(Gujrat High Court at Ahmedabad)
Appeal Number : Special Civil Application No. 11593 of 2012
Date of Judgement/Order : 30/10/2012
Related Assessment Year :
Courts : All High Courts (13955) Gujarat High Court (1140)
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HC penalises CIT & ACIT for seeking to circumvent the law & deplorable conduct

Case Name : Fiat India Automobiles Limited Vs Assistant Commissioner of Income Tax (Bombay High Court)
Appeal Number : Writ Petition No. 8657 OF 2012
Date of Judgement/Order : 16/10/2012
Related Assessment Year :
Courts : All High Courts (13955) Bombay High Court (1882)
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Non-consideration of judgment of jurisdictional High Court is a mistake

Case Name : Smt. Uttara Ghosh Vs Deputy Commissioner of Income-tax, Circle-22 (ITAT Kolkata)
Appeal Number : IT Appeal No. 1346 to 13831407 AND 1559 (KOL.) OF 2011
Date of Judgement/Order : 30/03/2012
Related Assessment Year : 2004-05
Courts : All ITAT (14953) ITAT Kolkata (1035)
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Addition justified if Income as Per Return in less than income as per TDS Certificates

Case Name : Laxmi Ventures (Bombay) (P.) Ltd. Vs Deputy Commissioner of Income-tax, Circle 5(2) (Bombay High Court)
Appeal Number : IT Appeal No. 1322 OF 2010
Date of Judgement/Order : 30/08/2012
Related Assessment Year :
Courts : All High Courts (13955) Bombay High Court (1882)
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