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Indexed cost of gifted assets has to be determined with reference to previous owner – Bombay HC

Case Name : The Commissioner of Income Vs. Manjula J. Shah (Bombay High Court)
Appeal Number : Income Tax Appeal No. 3378 of 2010
Date of Judgement/Order : 11/10/2010
Related Assessment Year :
Courts : All High Courts (13956) Bombay High Court (1882)
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Legal fiction u/s 50C cannot mean that deemed sale amount of property is actually received

Case Name : Subash Chand Vs. Assistant Commissioner of Income Tax (ITAT Chandigarh)
Appeal Number : IT Appeal Nos. 571 to 573 (chandi.) of 2011
Date of Judgement/Order : 28/11/2011
Related Assessment Year : 2005- 06 to 2007- 08
Courts : All ITAT (14953) ITAT Chandigarh (315)
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No TDS not on Payment of interest for delay in construction of Flats

Case Name : CIT Vs H.P. Housing Board (Himachal Pradesh High Court)
Appeal Number : Income-tax Appeal No. 36 of 2006
Date of Judgement/Order : 28/11/2011
Related Assessment Year :
Courts : All High Courts (13956) Himachal Pradesh HC (97)
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In case the AO finds that practically the land has been bought by the Developer and Developer has all dominant control over the project and has developed the land at his own cost and risks, the AO should allow the deduction to the assessee u/s 80IB(10)

Case Name : M/s. Rudraksh Developers Vs. ITO (ITAT Ahemdabad)
Appeal Number : I.T.A. No. 2129/Ahd./2009
Date of Judgement/Order : 10/06/2011
Related Assessment Year : 2006- 07
Courts : All ITAT (14953) ITAT Ahmedabad (1127)
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Commission to a foreign agent without tax deduction for services outside India cannot be disallowed

Case Name : Dy. CIT VS M/s. Divi's Laboratories Ltd. (ITAT Hyderabad)
Appeal Number : ITA Nos. 601 to 604/Hyd/09
Date of Judgement/Order : 2001- 02
Related Assessment Year :
Courts : All ITAT (14953) ITAT Hyderabad (630)
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Tax paid by employer on behalf of employee is perquisite

Case Name : Mr. Isao Sakai Vs. JCIT (ITAT Delhi)
Appeal Number : ITA No. 1957 (Del)/2011
Date of Judgement/Order : 04/11/2011
Related Assessment Year : 2006- 07
Courts : All ITAT (14953) ITAT Delhi (3706)
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Proof of service outside India pre-requisite for beneficial tax claim – ITAT Pune

Case Name : Madhukar Vinayak Dhavale Vs. ITO, International Taxation (ITAT Pune)
Appeal Number : I.T.A. No. 17/PN/2010
Date of Judgement/Order : 30/08/2011
Related Assessment Year : 2006- 07
Courts : All ITAT (14953) ITAT Pune (714)
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Transfer Pricing – Comparable rejected by TPO without giving cogent reasons must be presumed to be comparable and DR cannot argue to the contrary

Case Name : The Asst. Commissioner of Income- Tax Vs. M/s. Maersk global Service Centre (India) P. Ltd. (ITAT Mumbai)
Appeal Number : ITA No. 3774/Mum/2011
Date of Judgement/Order : 09/11/2011
Related Assessment Year : 2005- 2006
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Gujrat HC decides at what stage it can be held that there had been an international transaction between taxpayer and its Associated Enterprises

Case Name : Veer Gems v. ACIT (Gujarat High Court)
Appeal Number : Special Civil Application No. 12648 of 2011
Date of Judgement/Order : 19/10/2011
Related Assessment Year :
Courts : All High Courts (13956) Gujarat High Court (1140)
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TDS – AO not having jurisdiction cannot pass the order just because assessment was getting time barred – Bombay HC

Case Name : Indian Newspaper Society V/s. Income Tax Officer (Bombay High Court)
Appeal Number : Writ Petition No. 1504 OF 2011
Date of Judgement/Order : 09/11/2011
Related Assessment Year :
Courts : All High Courts (13956) Bombay High Court (1882)
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