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TDS U/s. 194C not applicable on hiring charges paid to transporter or truck owners in absence of any written or oral contract

Case Name : Chandrakant Thackar Vs. Asst. CIT (ITAT Cuttack)
Appeal Number : IT Appeal No. 247 (Ctk.) of 2009
Date of Judgement/Order : 04/12/2009
Related Assessment Year : 2005-06
Courts : All ITAT (14958) ITAT Cuttack (91)
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Assessee-employer not hit by retrospective insertion of Explanation 1 to section 17(2) in absence of any such extension of retrospective effect either in section 192 or section 201

Case Name : State Bank of India Vs DCIT (ITAT Hyderabad)
Appeal Number : Appeal No: ITA nos. 1722 to 1725/hyd/08
Date of Judgement/Order : 03/12/2009
Related Assessment Year :
Courts : All ITAT (14958) ITAT Hyderabad (630)
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Expenses incurred towards training cannot be termed as fee for technical services

Case Name : Lloyds Register Industrial Services (India) Pvt. Ltd. Vs ACIT (ITAT Mumbai)
Appeal Number : ITA No. 940 & 7628/Mum/04
Date of Judgement/Order : 04/11/2009
Related Assessment Year : 2000- 2001
Courts : All ITAT (14958) ITAT Mumbai (3584)

Debatable issues are not “mistakes apparent from the record” u/s 154

Case Name : M/s. Mepco Industries Ltd. Vs Commissioner of Income Tax & Anr. (Supreme Court of India)
Appeal Number : 7662-7663 of 2009
Date of Judgement/Order :
Related Assessment Year :
Courts : Supreme Court of India (2373)
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No capital gains in a business reorganization if consideration not determinable. Transfer pricing law does not apply if there is no income

Case Name : Dana Corporation (Authority for Advance Rulings)
Appeal Number : A.A.R. No. 788 of 2008
Date of Judgement/Order : 30/11/2009
Related Assessment Year :
Courts : Advance Rulings (3746)
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Deletion of 2nd proviso to section 43B is retrospective w.e.f. 1-4-1988 – SC

Case Name : CIT Vs Alom Extrusions Ltd. (Supreme Court of India)
Appeal Number : Civil Appeal No. 7771 of 2009
Date of Judgement/Order : 25/11/2009
Related Assessment Year :
Courts : Supreme Court of India (2373)
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Provision of section 41(1) not applicable where assessee is still showing some amount as liability in its books and not written off the same

Case Name : CIT Vs G.P. International Ltd. (Punjab & Haryana High Court)
Appeal Number : ITA No. 618 of 2009
Date of Judgement/Order : 02/12/2009
Related Assessment Year :
Courts : All High Courts (13964) Punjab and Haryana HC (457)
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Prerequisites for issue of valid notice for reopening of assessment under the Income Tax Act, 1961

Case Name : Avneesh Kumar Singh Vs Income-tax Officer (ITAT Agra)
Appeal Number : ITA No. 357/Ag/2007
Date of Judgement/Order : 21/05/2009
Related Assessment Year :
Courts : All ITAT (14958) ITAT Agra (125)

Merely because liability is outstanding for the last six years, it cannot be presumed that the same has ceased to exist

Case Name : CIT Vs. Sita Devi Juneja (Punjab & Haryana High Court)
Appeal Number : ITA No. 619 of 2009
Date of Judgement/Order : 02/12/2009
Related Assessment Year :
Courts : All High Courts (13964) Punjab and Haryana HC (457)
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Determination of nature of fees received by a foreign company from its Indian branch

Case Name : ADIT (IT) Vs. Mckinsey & Co. Inc. UK (ITAT Mumbai)
Appeal Number : ITA No. 3713/M/06
Date of Judgement/Order : 20/10/2008
Related Assessment Year : 2003- 2004
Courts : All ITAT (14958) ITAT Mumbai (3584)

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