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Non-compete Fees Paid pursuance to non-compete agreement not allowable as revenue expensiture – ITAT Delhi

Case Name : Saraf Chemicals Ltd. Vs DCIT (ITAT Mumbai)
Appeal Number : ITA Nos. 1135 & 1136/Mum/2010
Date of Judgement/Order : 30/06/2011
Related Assessment Year : 2003- 04
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Tribunal can issue direction beyond the scope of the appeal for correction of error – Delhi HC

Case Name : Insilco Limited Vs CIT (Delhi High Court)
Appeal Number : ITA No. 179 of 2009
Date of Judgement/Order : 11/07/2011
Related Assessment Year :
Courts : All High Courts (13956) Delhi High Court (3377)
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Sec. 269SS Penalty cannot be imposed if cash loan was taken to meet business needs

Case Name : DCIT Vs Rupen Das (ITAT Kolkata)
Appeal Number : I. T. A. No. 1260/Kol/2010
Date of Judgement/Order : 12/11/2010
Related Assessment Year :
Courts : All ITAT (14953) ITAT Kolkata (1035)
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CA Certificate has no decisive impact on taxability of non-residents income

Case Name : Deputy Commissioner of Income Tax Vs Rediff.com India Limited (ITAT Mumbai)
Appeal Number : ITA No. 3061/Mum/2009
Date of Judgement/Order : 05/09/2011
Related Assessment Year : 2005- 06
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Claim of bad debts allowable even if debts are of the same year – ITAT Mumbai

Case Name : Dy. Commissioner of Income Tax Vs. M/s Rediff.Com India Pvt. Ltd. (ITAT Mumbai)
Appeal Number : ITA No. 905/Mum/2008
Date of Judgement/Order : 25/05/2011
Related Assessment Year : 2002- 03
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Transfer pricing provisions would be applicable to a transaction entered with an unrelated entity which is deemed associated enterprise

Case Name : Diageo India Private Limited Vs. Deputy Commissioner of Income Tax (ITAT Mumbai)
Appeal Number : ITA No. 8602/Mum/2010
Date of Judgement/Order : 05/09/2011
Related Assessment Year : 2006- 07
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Payment made for supply of software is not ‘royalty’ since it is copyrighted software and not copyright in the software

Case Name : The Dy. C.I.T Vs. M/s Abaqus Engineering Ltd. Pvt. Ltd. (ITAT Chennai)
Appeal Number : I.T.A. No. 1698 to 1702/Mds/2010
Date of Judgement/Order : 16/09/2011
Related Assessment Year : 2002- 03
Courts : All ITAT (14953) ITAT Chennai (858)
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Penalty U/s. 271(1)(c) on CA Firm for Concealment of Income

Case Name : Asst. Commissioner of Income Tax Vs. M/s. Khanna & Annadhanam (ITAT Delhi)
Appeal Number : I.T.A. No. 1395/Del/2009
Date of Judgement/Order : 22/07/2011
Related Assessment Year : 1997- 98
Courts : All ITAT (14953) ITAT Delhi (3706)
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JMM bribery Case – Section 158BB, addition can be made in the course of a block assessment on the basis of evidence found in the course of search and not on the basis of confirmation of a prior knowledge by way of search

Case Name : Shri Shibu Soren Vs. ACIT and others (ITAT Delhi)
Appeal Number : I.T. (SS) No. 100/ Del/1997
Date of Judgement/Order : 02/09/2011
Related Assessment Year :
Courts : All ITAT (14953) ITAT Delhi (3706)

TP – Integral tests for a Cost Contribution Arrangement to be considered at ALP

Case Name : Dresser- Rand India Pvt Ltd Vs. Additional Commissioner of Income Tax (ITAT Mumbai)
Appeal Number : ITA No. 8753/Mum/2010
Date of Judgement/Order : 07/09/2011
Related Assessment Year : 2006- 07
Courts : All ITAT (14953) ITAT Mumbai (3584)
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