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Assessee covered by DTAA will be eligible for credit of State taxes u/s 91 despite DTAA not providing for the same

Case Name : Tata Sons Limited Vs. Deputy Commissioner of Income Tax Court (ITAT Mumbai)
Appeal Number : ITA No: 4978/Mum/04
Date of Judgement/Order : 23/02/2011
Related Assessment Year : 2000- 01
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Exemptions and deductions available to Indian enterprises would also be granted to the US enterprises if they are carrying on the same activities

Case Name : Shri Rajeev Sureshbhai Gajwani Vs. Asst. CIT ( ITAT Ahmedabad)
Appeal Number : Appeal No. ITA Nos. 1807 & 1978/Ahd/2006
Date of Judgement/Order : 04/03/2011
Related Assessment Year : 2002- 03
Courts : All ITAT (14953) ITAT Ahmedabad (1127)
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Even if income is assessed by estimation on GP rate disallowance u/s. 40A(3) can be made

Case Name : CIT Vs. M/s Sai Metal Works (Punjab & Haryana High Court)
Appeal Number : Income-tax Appeal No. 125 of 2004
Date of Judgement/Order : 10/03/2011
Related Assessment Year :
Courts : All High Courts (13956) Punjab and Haryana HC (457)
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Consideration for giving up rights to contest the will cannot be treated as other income

Case Name : Purvez A. Poonawalla Vs ITO (ITAT Mumbai)
Appeal Number : ITA No. 6476/MUM/2009
Date of Judgement/Order : 09/3/2011
Related Assessment Year : 2006-2007
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Gain on sale of shares to be treated as capital gain and not business income, despite large volume of sales

Case Name : ACIT Vs. Naishadh V. Vachharajani (ITAT Mumbai)
Appeal Number : (I.T.A. No. 6429/Mum/2009)
Date of Judgement/Order : 25/02/2011
Related Assessment Year : 2006- 07
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Certificate issued U/s./ 195(2) was not withdrawn so assessee was not required to deduct TDS and could not be treated as assessee in default

Case Name : CIT Vs. Swaraj Mazda Ltd (Punjab & Haryana High Court)
Appeal Number : I.T.R. No. 162 of 1996
Date of Judgement/Order : 09/03/2011
Related Assessment Year :
Courts : All High Courts (13956) Punjab and Haryana HC (457)
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Tax authorities should evaluate a transaction from the point of view of prudent businessman

Case Name : CIT Vs. Rock man Cycle Industries Private Limited (Punjab & Haryana High Court)
Appeal Number :
Date of Judgement/Order :
Related Assessment Year :
Courts : All High Courts (13956) Punjab and Haryana HC (457)
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Law empowers Transfer Pricing Officer to determine the arm’s length price of only ‘referred’ international transactions

Case Name : M/s. Amadeus India Pvt Ltd Vs. ACIT (ITAT Delhi)
Appeal Number : (ITA No. 5203/Del/2010)
Date of Judgement/Order : 19/01/2011
Related Assessment Year : 2006- 07
Courts : All ITAT (14953) ITAT Delhi (3706)

Incentive paid to the employees by the employer’s parent company pursuant to takeover does not require any mark-up

Case Name : M/s Ari cent Technologies (Holding) Limited Vs. DCIT (ITAT Delhi)
Appeal Number : (Appeal No. ITA No. 4699 /Del. /2010)
Date of Judgement/Order : 21/01/2011
Related Assessment Year : 2006- 07
Courts : All ITAT (14953) ITAT Delhi (3706)
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Internal benchmarking analysis under TNMM based on segmental results prepared by using allocation keys is justified

Case Name : Birlasoft (India) Ltd. Vs. Dy. CIT (ITAT Delhi)
Appeal Number : ITA No. 3839/DEL/2010
Date of Judgement/Order : 20/01/2011
Related Assessment Year : 2006- 07
Courts : All ITAT (14953) ITAT Delhi (3706)

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