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S.10(38) Exemption cannot be denied for delay in dematerialisation

Case Name : Income-tax Officer Vs Ajay Shantilal Lalwani (ITAT Pune)
Appeal Number : IT Appeal No. 163 (Pune) of 2010
Date of Judgement/Order : 18/11/2011
Related Assessment Year : 2006-07
Courts : All ITAT (14953) ITAT Pune (714)
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For Section 80-IB ‘workers’ need not be ’employees’ – Bombay HC

Case Name : The Commissioner of Income Tax- 9 Vs M/s. Jyoti Plastic Works Private Limited (Bombay High Court)
Appeal Number : Income Tax Appeal No. 5045 of 2010
Date of Judgement/Order : 15/11/2011
Related Assessment Year :
Courts : All High Courts (13956) Bombay High Court (1882)
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Section 194C vs 194-I on Transportation vs. Hire Contracts – ITAT Delhi

Case Name : Income Tax Officer (TDS) V/s. Indian Oil Corporation (ITAT Delhi)
Appeal Number : ITA Nos. 1829 to 1834/Del/2011
Date of Judgement/Order : 09/11/2011
Related Assessment Year : 2008-09
Courts : All ITAT (14953) ITAT Delhi (3706)
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Section 194I – TDS not deductible on transmission and wheeling charges paid by power trading companies as same in not rent

Case Name : M/s. Grid-Co Limited Vs Asst. Commissioner of Income- Tax (ITAT Cuttack)
Appeal Number : ITA No. 404/CTK/2011
Date of Judgement/Order : 17/11/2011
Related Assessment Year : 2008-09
Courts : All ITAT (14953) ITAT Cuttack (91)
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Deduction U/s. 80 HHC allowable in respect of addition made on account of creditors

Case Name : Dy. Commissioner of Income Tax V/s. M/s. Divine International (ITAT Delhi)
Appeal Number : ITA No. 1995(Del)2011
Date of Judgement/Order : 30/09/2011
Related Assessment Year :
Courts : All ITAT (14953) ITAT Delhi (3706)
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Tax U/s. 195 not deductible on consideration for live broadcasting

Case Name : The Asst. Director of Income Tax (International Taxation) V/s. M/s. Neo Sports Broadcast Private Limited (ITAT Mumbai)
Appeal Number : ITA No. 99/Mum/2009
Date of Judgement/Order : 09/11/2011
Related Assessment Year : 2008- 2009
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Deduction u/s. 54B & Advance for purchase of agricultural land

Case Name : Smt. Gousia Begum Vs Deputy Commissioner of Income-tax (ITAT Hyderabad)
Appeal Number : IT Appeal No. 1024 TO 1027 AND 1268 TO 1271 (HYD.) OF 2011
Date of Judgement/Order : 16/11/2011
Related Assessment Year : 2002-03 TO 2004-05, 2006-07 AND 2008-09
Courts : All ITAT (14953) ITAT Hyderabad (630)
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TPAs to deduct TDS u/s.194J on payment to hospital, No penalty u/s. 271C for non deduction

Case Name : Vipul Med- corp TPA Pvt Ltd & Ors Vs. Central Board of Direct Taxes & Anr. (Delhi High Court)
Appeal Number : Writ Petition (Civil) No. 121 of 2010
Date of Judgement/Order : 30/09/2011
Related Assessment Year :
Courts : All High Courts (13956) Delhi High Court (3377)
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Transfer of shares by initial subscribers to a MOA does not amount to a change in shareholding as per section 79 of the Income-tax Act, 1961 and therefore, benefit of brought forward loss is available

Case Name : Income Tax Officer Vs. M/s. S- Net Freight (India) Pvt. Ltd. (ITAT Delhi)
Appeal Number : ITA Nos. 2223, 2224 & 2443(Del)2010
Date of Judgement/Order : 05/10/2011
Related Assessment Year : 2001- 02
Courts : All ITAT (14953) ITAT Delhi (3706)
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Quantum/Manner of computing remuneration should be stipulated in partnership deed

Case Name : Sood Brij & Associates  Vs. The Commissioner of Income-tax- XIII (Delhi High Court)
Appeal Number : Income Tax Appeal No. 1154 of 2011
Date of Judgement/Order : 04/11/2011
Related Assessment Year :
Courts : All High Courts (13956) Delhi High Court (3377)
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