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Section 153A – Assessee Entitled To Raise Fresh Claims – ITAT Mumbai

Case Name : DCIT Vs Ever-smile Construction Co Pvt. Ltd. (ITAT Mumbai)
Appeal Number : ITA No. 4238/Mum/2010
Date of Judgement/Order : 30/08/2011
Related Assessment Year : 2001- 2002
Courts : All ITAT (14953) ITAT Mumbai (3584)
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ITAT President has no authority to record the Annual Confidential Reports (ACRs) of the Members – HC

Case Name : Uttam Bir Singh Bedi Vs. Union of India & 8 Others (Madras High Court)
Appeal Number : Writ Petition No. 7715 of 2010
Date of Judgement/Order : 30/11/2011
Related Assessment Year :
Courts : All High Courts (13956) Madras High Court (1763)
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Waiver of principal amount of working capital loan not a capital receipt; Amount waived off taxable as deemed business profit u/s 41(1)

Case Name : Rollatainers Ltd. Vs. Commissioner of Income Tax (New Delhi High Court)
Appeal Number : ITA No. 127 of 2011
Date of Judgement/Order : 30/08/2011
Related Assessment Year :
Courts : All High Courts (13956) Delhi High Court (3377)
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Tax On Sales-tax Subsidy – SC asks HC to decide whether sales-tax subsidy is a capital receipt

Case Name : Commissioner of Income Tax Vs. Reliance Industries Ltd. (Supreme Court of India)
Appeal Number : Civil Appeal No. 7769 of 2011
Date of Judgement/Order : 15/04/2009
Related Assessment Year :
Courts : Supreme Court of India (2373)

Whether the expenditure is capital or revenue in nature cannot form the subject matter of block assessment

Case Name : Commissioner of Income Tax Vs East India Syntex Limited (Delhi High Court )
Appeal Number : ITA No. 25/2007
Date of Judgement/Order : 30/11/2011
Related Assessment Year :
Courts : All High Courts (13956) Delhi High Court (3377)
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Sum received on surrender of tenancy right is capital receipt and hence, not taxable

Case Name : Commissioner of Income Tax Vs Meera Chatterjee (Delhi High Court)
Appeal Number : Income Tax Appeal No. 341/2003
Date of Judgement/Order : 09/11/2011
Related Assessment Year :
Courts : All High Courts (13956) Delhi High Court (3377)
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Payment to Foreign healthcare services companies for advising, recommending ,assisting in healthcare projects and for conducting education and training programmes are not royalty

Case Name : JDIT- OSD (IT) 3(1) Vs. Harvard Medical International USA (ITAT Mumbai)
Appeal Number : ITA No. 1558/MUM/07
Date of Judgement/Order : 18/11/2011
Related Assessment Year : 2002- 03
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Gains arising on sale of shares of foreign company by Non Resident (NR) to NR taxable in India if the foreign co only held Indian assets – AAR

Case Name : Re. Groupe Industrial Marcel Dassault (AAR Delhi)
Appeal Number : [In application No. AAR/846/2009]
Date of Judgement/Order : 28/11/2011
Related Assessment Year :
Courts : Advance Rulings (3746)
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Negligent Assessee should not be given many opportunities just because that quantum of amount involved is high

Case Name : The Commissioner of Income Tax Vs Gold Leaf Capital Corporation Ltd. (Delhi High Court)
Appeal Number : ITA No. 798 of 2009
Date of Judgement/Order : 02/09/2011
Related Assessment Year :
Courts : All High Courts (13956) Delhi High Court (3377)
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To add the difference between Market Value and sale value , department has to prove that the assessee had received more than what is declared

Case Name : The Commissioner of Income Tax Vs Rajendra Sec- Lease Ltd. (Delhi High Court)
Appeal Number : ITA No. 791/2009
Date of Judgement/Order : 25/11/2011
Related Assessment Year :
Courts : All High Courts (13956) Delhi High Court (3377)
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