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Activities relating to installation of pipe lines by a marine vessel are treated as ‘construction and assembly’ and results into PE if carried on for more than nine months under the India Mauritius tax-treaty

Case Name : GIL Mauritius Holdings Ltd Vs ADIT (ITAT Delhi)
Appeal Number : ITA No. 5686(Del)/2010
Date of Judgement/Order : 16/09/2011
Related Assessment Year : 2007- 08
Courts : All ITAT (14953) ITAT Delhi (3706)
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Despite specific queries in scrutiny assessment, AO cannot be said to have formed any opinion if explicit opinion not recorded

Case Name : Dalmia Pvt. Ltd. Vs Commissioner of Income Tax (Delhi High Court)
Appeal Number : Writ Petition (Civil) No. 6205 of 2010
Date of Judgement/Order : 26/09/2011
Related Assessment Year :
Courts : All High Courts (13956) Delhi High Court (3377)
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Conversion of stock into investment in order to avoid payment of full tax attracts penalty u/s. 271(1)(c)

Case Name : The Commissioner of Income Tax Vs Splender Construction (Delhi High Court)
Appeal Number : ITA No. 1977 of 2010
Date of Judgement/Order : 14/01/2011
Related Assessment Year :
Courts : All High Courts (13956) Delhi High Court (3377)
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PMS Fees not deductible against capital gains. Despite dissenting orders, reference to Special Bench not necessary – ITAT Mumbai

Case Name : Shri Homi K. Bhabha Vs ITO (ITAT Mumbai)
Appeal Number : ITA No. 3287/Mum/2009
Date of Judgement/Order : 28/09/2011
Related Assessment Year : 2006- 2007
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Disallowance u/s. 14A cannot exceed exempt income, No S. 14A Disallowance in the absence of nexus between exempt Income and Interest Cost

Case Name : A.C.I.T. Vs. Punjab State Coop & Marketing Fed. Ltd. (ITAT Chandigarh)
Appeal Number : ITA No. 548/Chd/2011
Date of Judgement/Order : 30/09/2011
Related Assessment Year : 2007- 08
Courts : All ITAT (14953) ITAT Chandigarh (315)
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Whether the clients liable to tax in India on the capital gains and if yes, whether the bank is required to deduct tax at source on the remittance?

Case Name : ADIT (International Taxation)-3(1) Vs. ICICI Bank Ltd. (ITAT Mumbai)
Appeal Number : ITA No. 645/Mum/2007
Date of Judgement/Order : 16/09/2011
Related Assessment Year :
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Payment made under Franchise & Management Agreement for availing technical know-how, coupled with technical consultancy services, for setting-up new and distinct business could be considered as capital expenditure

Case Name : Ansal Housing & Construction Ltd. Vs DCIT (ITAT Delhi)
Appeal Number : ITA No. 3192/Del/08
Date of Judgement/Order : 09/09/2011
Related Assessment Year : 1999- 2000
Courts : All ITAT (14953) ITAT Delhi (3706)
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Inter-corporate deposits written off in the books allowable as business expenditure where the incomes from such deposits were taxed as business income in earlier years

Case Name : The Commissioner of Income Tax Vs ABC Bearing Limited (Bombay High Court)
Appeal Number : Income Tax Appeal No. 2262 of 2009
Date of Judgement/Order : 16/09/2011
Related Assessment Year :
Courts : All High Courts (13956) Bombay High Court (1882)
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More profit from related than unrelated parties does not itself make it ‘more than ordinary’

Case Name : OPG Energy (P.) Ltd. Vs Deputy Commissioner of Income-tax (ITAT Chennai)
Appeal Number : IT Appeal No. 2097 (MDS.) OF 2011
Date of Judgement/Order : 28/09/2011
Related Assessment Year : 2008-09
Courts : All ITAT (14953) ITAT Chennai (858)
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S.143(2) Issue of notice is equivalent to its service

Case Name : V.R.A. Cotton Mills (P) Ltd. Vs Union of India and others (Punjab & Haryana High Court)
Appeal Number : CWP No. 18193 of 2011
Date of Judgement/Order : 27/09/2011
Related Assessment Year :
Courts : All High Courts (13956) Punjab and Haryana HC (457)
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