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If two views possible than AO should take the one favourable to Assessee

Case Name : Commissioner of Income Tax Vs DCM Limited (Delhi High Court)
Appeal Number : ITA No. 1266/2009
Date of Judgement/Order : 03/08/2011
Related Assessment Year :
Courts : All High Courts (13956) Delhi High Court (3377)
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Fees paid to a foreign company for rendering testing and certification services cannot be treated as income deemed to accrue or arise in India under Section 9(1)(vii) of the Income-tax Act

Case Name : Havells India Ltd. Vs ACIT (ITAT Delhi)
Appeal Number : I.T.A Nos. 1300/Del./2010
Date of Judgement/Order : 27/05/2011
Related Assessment Year : 2005- 06
Courts : All ITAT (14953) ITAT Delhi (3706)
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Fees received by KPMG for assisting an Indian Company in acquisition of Sugar mills in Brazil is not Fees for Technical Services under the Income-tax Act

Case Name : ITO Vs Bajaj Hindustan Ltd. (ITAT Mumbai)
Appeal Number : I.T.A Nos. 63/MUM/09
Date of Judgement/Order : 12/08/2011
Related Assessment Year : 2007- 08
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Income of non-resident attributed to its PE in India taxable as business profits; balance income not to be taxed as fee for technical services – ITAT Mumbai

Case Name : Nippon Keiji Kyokoi Vs ITO (ITAT Mumbai)
Appeal Number : I.T.A Nos. 6329, 6330, 6331 of 2007
Date of Judgement/Order : 29/07/2011
Related Assessment Year : 2000- 01
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Expenditure incurred by the assessee-company, incorporated for carrying out the business of the BPO, prior to the setting up of business, cannot be taken into account for computing the business income

Case Name : ITO Vs Omni Globe information Technologies India (P) Ltd. (ITAT Delhi)
Appeal Number : I.T.A Nos. 3465/D/09
Date of Judgement/Order : 29/04/2011
Related Assessment Year : 2005-06
Courts : All ITAT (14953) ITAT Delhi (3706)
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ESOP Holding period to be reckoned from the date of exercise of option to buy shares and not from the earlier date of grant of options

Case Name : ACIT Vs Pramod H. Lele (ITAT Mumbai)
Appeal Number : I.T.A Nos. 4699/ Mum/2004
Date of Judgement/Order : 10/08/2011
Related Assessment Year : 1998-99
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Amendment brought to cast TDS liability on individuals and HUF u/s. 194C do not applies to AY 2007-08

Case Name : Shri Prashant H Shah Vs ACIT (ITAT Ahmedabad )
Appeal Number : I.T.A Nos. 17/AHD/2011
Date of Judgement/Order : 08/07/2011
Related Assessment Year : 2007- 08
Courts : All ITAT (14953) ITAT Ahmedabad (1127)
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Reassessment after four years on change of opinion not valid

Case Name : CIT, Chennai Vs M/s Simpson & Co. (Madras High Court)
Appeal Number : Appeal No. 550 of 2004
Date of Judgement/Order : 06/07/2011
Related Assessment Year :
Courts : All High Courts (13956) Madras High Court (1763)
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Provisions of Section 72A would be applicable only when ‘amalgamating company’ and not ‘amalgamated company’ has accumulated losses

Case Name : Wrigley India Private Ltd. Vs ACIT (ITAT Delhi)
Appeal Number : I.T.A Nos. 5224/Del./2010
Date of Judgement/Order : 05/08/2011
Related Assessment Year : 2006- 07
Courts : All ITAT (14953) ITAT Delhi (3706)
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Reassessment not permissible if reasons recorded are merely change of opinion

Case Name : B. J. Services Company Middle East Ltd. and others Vs. DDIT (Uttarakhand High Court)
Appeal Number : Writ Petition No. 2197 of 2010 (M/S)
Date of Judgement/Order : 20/08/2011
Related Assessment Year :
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