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S. 50C appliies only to capital gains in real estate transaction in respect to seller

Case Name : ITO Vs. Harley Street Pharmaceuticals Ltd. (ITAT Ahemdabad)
Appeal Number : ITA No. 2492/Ahd/2007
Date of Judgement/Order : 16/03/2010
Related Assessment Year :
Courts : All ITAT (14953) ITAT Ahmedabad (1127)
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Once source is proved, it is not possible to treat deposits collected from public under provisions of Companies Act as unexplained credits

Case Name : IThe Mathrubhumi Printing & Publishing Co. Ltd. Vs DCIT (ITAT Cochin)
Appeal Number : ITA No. 143 & 144/Coch/2006
Date of Judgement/Order : 25/09/2009
Related Assessment Year :
Courts : All ITAT (14953) ITAT Cochin (146)

In the absence of clear finding as to concealment of income furnishing inaccurate particulars, initiation of penalty proceedings will be without jurisdiction

Case Name : Rajesh C. Gandhi Vs. ITO (ITAT Mumbai)
Appeal Number : ITA No. 3158/M/2009
Date of Judgement/Order : 09/03/2010
Related Assessment Year :
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Perpetual succession in appointment of trustee, cannot dis-entitle assessee-institution from getting registration u/s 12AA IT Act, 1961

Case Name : NLB Charitable Trust Vs. CIT (ITAT Delhi)
Appeal Number : ITA No. 1707/Del/2009
Date of Judgement/Order : 12/03/2010
Related Assessment Year :
Courts : All ITAT (14953) ITAT Delhi (3706)

On non-compliance with statutory condition precedent, reopening of an assessment cannot be sustained

Case Name : Arthur Anderson & Co. Vs ACIT (Bombay High Court)
Appeal Number : Writ Petition No. 2555 of 2009
Date of Judgement/Order : 19/03/2009
Related Assessment Year :
Courts : All High Courts (13956) Bombay High Court (1882)

Persons deputed by foreign company to an Indian company cannot be considered as its PE in India when services rendered by them are independent and not under control of that company

Case Name : DDIT (IT) Vs. Tekmark Global Solutions LLC. (ITAT Mumbai)
Appeal Number : ITA No. 671/Mum/2007
Date of Judgement/Order : 23/02/2010
Related Assessment Year : 2003- 04
Courts : All ITAT (14953) ITAT Mumbai (3584)
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Co-operative society eligible for deduction u/s 80P(2)(a)(i) on Interest Income from banks

Case Name : Punjab State Cooperative Federation of House Building Societies Ltd. Vs ACIT (ITAT Chandigarh)
Appeal Number : ITA No. 996/Chd/2009
Date of Judgement/Order : 29/01/2010
Related Assessment Year :
Courts : All ITAT (14953) ITAT Chandigarh (315)

Payment made by AAI to Raytheon company (RC) for supply of software for `Automation upgrade for third runaway at IGI Airport’ can be legitimately brought within fold of Article 12(4)(b), if not article 12(3) of Indo-US Tax Treaty

Case Name : Re. Airports Authority of India (AAR Delhi)
Appeal Number : A. A. R. No. 819 of 2009
Date of Judgement/Order : 18/03/2010
Related Assessment Year :
Courts : Advance Rulings (3746)
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Indo-US Treaty: Consideration received by American company from applicant-Indian company for providing Architectural design services is liable to be taxed in India as fees for included services’

Case Name : In re. HMS Real Estate Pvt. Ltd. (AAR Delhi)
Appeal Number : A.A.R. No. 832 of 2009
Date of Judgement/Order : 18/03/2010
Related Assessment Year :
Courts : Advance Rulings (3746)
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Reopening of an assessment on mere change of opinion without any tangible material is unsustainable

Case Name : Rallis India Ltd. Vs. ACIT (Bombay High Court)
Appeal Number : Writ Petition No. 2514 of 2009
Date of Judgement/Order : 04/03/2010
Related Assessment Year :
Courts : All High Courts (13956) Bombay High Court (1882)
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