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No Tax On Redevelopment Gains For Society and Members – ITAT Mumbai

Case Name : ITO Vs. Hemandas J. Pariyani (ITAT Mumbai)
Appeal Number : ITA No. 2508/Mum/2010
Date of Judgement/Order : 29/04/2011
Related Assessment Year : 1997- 98
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Vehicle hire charges falls within the scope of Section 194C not under section 194I

Case Name : Ahmedabad Urban Development Authority Vs. ACIT (ITAT Ahmedabad)
Appeal Number : ITA No. 1637/Ahd/2010
Date of Judgement/Order : 10/03/2011
Related Assessment Year : 2009- 10
Courts : All ITAT (14953) ITAT Ahmedabad (1127)
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Mere use of technical design or plan without absolute transfer of right of ownership is taxable as fees for included services under Article 12 of the Indo-Canadian Treaty

Case Name : DIT Vs SNC Lavalin International Inc. (Delhi High Court)
Appeal Number : ITA No 326/09
Date of Judgement/Order :
Related Assessment Year :
Courts : All High Courts (13956) Delhi High Court (3377)

Proceedings u/s 263 by CIT not valid, if initiated on the basis of points decided by AO by following the decision of the ITAT and HC in the case of the assessee itself

Case Name : The Lakshmi Vilas Bank Ltd Vs Addl. CIT (ITAT Chennai)
Appeal Number : I.T.A No. 548/Mds/2010
Date of Judgement/Order : 06/05/2011
Related Assessment Year : 2005- 06
Courts : All ITAT (14953) ITAT Chennai (858)
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Grant of redevelopment rights on a property amounts to transfer of property, and gives rise to capital gains, liable to tax and provisions of Sec 50C are invokable in such a case

Case Name : Chiranjeev Lal Khanna Vs. ITO (ITAT Mumbai)
Appeal Number : (ITA No. 6170/Mum/2008)
Date of Judgement/Order : 13/04/2011
Related Assessment Year : 2005- 2006
Courts : All ITAT (14953) ITAT Mumbai (3584)
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In group cases also, each single case must be taken up individually to decide the monetary limits for filing appeal before High Court

Case Name : CIT Vs Steinle Machine Fabric India (Himachal Pradesh High Court)
Appeal Number : I.T.A No. 36 of 2005
Date of Judgement/Order : 06/05/2011
Related Assessment Year :
Courts : All High Courts (13956) Himachal Pradesh HC (97)
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Transfer of shares of Indian company without consideration in the course of group reorganization not liable to tax in India – AAR

Case Name : Re. Goodyear Tire and Rubber Company (AAR)
Appeal Number :
Date of Judgement/Order :
Related Assessment Year :
Courts : Advance Rulings (3746)

Loan securitization income can be considered as interest income and hence eligible for deduction under section 36(1)(viii)

Case Name : DCIT Vs. AIG Home Finance India Ltd. (ITAT Chennai)
Appeal Number : (ITA No. 2167/Mds/2010)
Date of Judgement/Order : 05/05/2011
Related Assessment Year : 2005- 06
Courts : All ITAT (14953) ITAT Chennai (858)
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Set off of indexed long term capital loss permissible against non-indexed long term capital gains

Case Name : Vipul A. Shah Vs. ACIT (ITAT Mumbai)
Appeal Number : (ITA No 3190/Mum/2010)
Date of Judgement/Order : 08/04/2011
Related Assessment Year : 2004- 05
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Short term capital gains on transfer of depreciable assets can be set-off against brought forward loss from other long term capital assets

Case Name : Anali Investments Vs. ACIT (ITAT Mumbai)
Appeal Number : (ITA No. 6646/Mum/2008)
Date of Judgement/Order : 13/04/2011
Related Assessment Year : 2005- 06
Courts : All ITAT (14953) ITAT Mumbai (3584)
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