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Whether when assessee provides software services, expenses incurred on development of software are revenue ?

Case Name : Ahuja Platinum Properties Pvt. Ltd. Vs JCIT (ITAT Mumbai)
Appeal Number : ITA No. 4723/MUM/2007
Date of Judgement/Order : 24/06/2011
Related Assessment Year : 20/04/2011
Courts : All ITAT (14953) ITAT Mumbai (3584)
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If assessment order does not specify charging of interest, then it could not be charged or levied U/s. 156

Case Name : CIT Vs M/s Dehradun Club Ltd. (Uttarakhand High Court)
Appeal Number : Income Tax Appeal No. 15 of 2006
Date of Judgement/Order : 14/10/2011
Related Assessment Year :
Courts : All High Courts (13956) Uttarakhand High Court (67)
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Composite consideration for share transfer and non-compete cannot be split up to tax non compete separately – ITAT Mumbai

Case Name : Assistant Commissioner of Income Tax Circle Vs Savita N Mandhana (ITAT Mumbai)
Appeal Number : ITA No. 3900/Mum/2010
Date of Judgement/Order : 07/10/2011
Related Assessment Year : 2006- 07
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Separate non-compete receipt in addition to share transfer taxable as business income – ITAT Mumbai

Case Name : Ramesh D. Tainwala Vs Income Tax Officer 8(3)-1 (ITAT Mumbai)
Appeal Number : ITA No. 3853/MUM/2010
Date of Judgement/Order : 07/10/2011
Related Assessment Year : 2007- 08
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Taxpayer did not constitute a Construction PE under the DTAA as the contract carried on by the Taxpayer did not exceed the threshold period provided under the DTAA

Case Name : The Commissioner of Income Tax Dehradun And another Vs M/s BKI/HAM v. o.f. (Uttarakhand High Court)
Appeal Number : Income Tax Appeal No. 34 of 2007
Date of Judgement/Order : 14/10/2011
Related Assessment Year :
Courts : All High Courts (13956) Uttarakhand High Court (67)
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AO cannot apply Rule 8D without recording any satisfaction as to how assessee’s calculation of s. 14A disallowance was incorrect

Case Name : The Dy. Commissioner of Income Tax V. M/s. Jindal Photo Limited (ITAT Delhi)
Appeal Number : ITA No. 814(Del)2011
Date of Judgement/Order : 23/09/2011
Related Assessment Year : 2008- 09
Courts : All ITAT (14953) ITAT Delhi (3706)
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While processing application u/s. 12AA of the Act Commissioner should not act as an Assessing Authority

Case Name : The Commissioner of Income Tax Vs M/s Baba Deep Singh Educational Society (Punjab & Haryana High Court)
Appeal Number : Income- Tax Appeal No. 881 of 2010
Date of Judgement/Order : 13/10/2011
Related Assessment Year :
Courts : All High Courts (13956) Punjab and Haryana HC (457)
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Despite high volume & short holding period, shares gain is STCG – Bombay HC

Case Name : The Commissioner of Income Tax Vs. Naishadh V. Vachharajani (Bombay High Court)
Appeal Number : Income Tax Appeal (L) No. 1042 of 2011
Date of Judgement/Order : 22/09/2011
Related Assessment Year :
Courts : All High Courts (13956) Bombay High Court (1882)

AAR-Liability to pay excise duty in respect of operations performed on battery cells for their clearance as battery bank

Case Name : Re. M/s Delta Power Solutions India Pvt. Ltd. (AAR Delhi)
Appeal Number : Application No. AAR/44/CE-I/08/2009
Date of Judgement/Order : 30/09/2011
Related Assessment Year :
Courts : Advance Rulings (3746)
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Assessee can avail 80-IA deduction in respect of notional profit on account of power generation from its own captive power plant and utilised by itself – Madras HC

Case Name : Tamil Nadu Petro Products Ltd. Vs. Asstt. CIT (Madras High Court) Tax Case (Appeal) No. Section 896, 899 and 900 of 2009
Appeal Number : 07/06/2010
Date of Judgement/Order :
Related Assessment Year :
Courts : All High Courts (13956) Madras High Court (1763)

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