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Mere reimbursement of costs based on a cost sharing agreement not liable to withholding tax

Case Name : ABB Limited- AAR No. 834 of 2009
Appeal Number : 15/03/2010
Date of Judgement/Order :
Related Assessment Year :
Courts : Advance Rulings (3746)
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Consortium members working together with independent scope not an AOP

Case Name : In re Hyundai Rotem Co., Korea & Mitsubishi Co., Japan, AAR No’s. 798- 799/2008 (Authority for Advance Ruling)
Appeal Number : 23/03/2010
Date of Judgement/Order :
Related Assessment Year :
Courts : Advance Rulings (3746)
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Supply of customized software and enabling client personnel to handle the system amounts to “fees for included services” under the India-US tax treaty

Case Name : In re Airport Authority of India (AAR) A.A.R. No. 819 of 2009
Appeal Number : 18/03/2010
Date of Judgement/Order :
Related Assessment Year :
Courts : Advance Rulings (3746)
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Supreme Court upheld Dividend-Stripping Law

Case Name : CIT Vs. Walfort Share & Stock Brokers (Supreme Court of India)
Appeal Number : Civil Appeal No. 4927 of 2010
Date of Judgement/Order : 06/07/2010
Related Assessment Year :
Courts : Supreme Court of India (2373)
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Profits from supply of shrink-wrapped software is not royalty- ITAT Bangalore

Case Name : Velankani Mauritius Vs. DDIT (ITAT Bangalore)
Appeal Number :
Date of Judgement/Order :
Related Assessment Year :
Courts : All ITAT (14957) ITAT Bangalore (1081)

Bombay HC rules on the binding nature of an advance ruling

Case Name : Prudential Assurance Company Ltd. Vs The Director of Income­-tax (Bombay High Court)
Appeal Number : Writ Petition No. 866 of 2010
Date of Judgement/Order : 29/04/2010
Related Assessment Year :
Courts : All High Courts (13958) Bombay High Court (1883)
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Right to subscribe the additional shares arises on the date when the company decides to come out with the right offer

Case Name : Navin Jindal Vs. ACIT in Civil Appeal No. 634 of 2006 (Supreme Court of India)
Appeal Number : 11/01/2010
Date of Judgement/Order :
Related Assessment Year :
Courts : Supreme Court of India (2373)
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An appeal can be filed against the order of the Assessing Officer giving effect to the Mutual Agreement Procedure (MAP) resolution

Case Name : Cable News Network, Inc Vs Assistant Director of Income Tax (ITAT Delhi)
Appeal Number : ITA Nos. 632(Del)/2008
Date of Judgement/Order :
Related Assessment Year :
Courts : All ITAT (14957) ITAT Delhi (3708)

Loss of a unit not eligible for any tax holiday cannot be set off against profits of the eligible unit for the purpose of computing deduction

Case Name : Scientific Atlanta India Technology Pvt. Ltd. Vs The Assistant Commissioner of Income Tax (ITAT Chennai)
Appeal Number : ITA No. 229/Mds/2007,
Date of Judgement/Order :
Related Assessment Year :
Courts : All ITAT (14957) ITAT Chennai (858)
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Payment received on account of supply of software products to independent third party re-sellers in India not royalties but business income

Case Name : M/s Dassault Systems K.K. (AAR Delhi)
Appeal Number : A.A.R. NO. 821/2009
Date of Judgement/Order : 29/01/2010
Related Assessment Year :
Courts : Advance Rulings (3746)
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