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Disallowance deduction u/s 80HHC in a case of MAT assessment is to be worked out on the basis of the adjusted books profits under Section 115JA of the Income Tax Act, 1961

Case Name : CIT Vs. M/s K.G. Denim Ltd. (Madras High Court)
Appeal Number : Tax Case (Appeal) No. 145 of 2009
Date of Judgement/Order : 16/04/2009
Related Assessment Year :
Courts : All High Courts (13964) Madras High Court (1763)
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YUM! Restaurants (India) Pvt. Ltd. Versus Commissioner of Income Tax

Case Name : YUM! Restaurants (India) Pvt. Ltd Vs Commissioner of Income Tax (Delhi High Court)
Appeal Number : ITA No. 192/2009
Date of Judgement/Order : 01/04/2009
Related Assessment Year :
Courts : All High Courts (13964) Delhi High Court (3377)
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Merely because an addition is made to the income declared by the assessee, penalty u/s. 271(1)(c) cannot be imposed

Case Name : Kanbay Sotware India Pvt. Ltd. Vs DCIT (ITAT Pune)
Appeal Number : ITA No. 300/PN/07
Date of Judgement/Order : 28/04/2009
Related Assessment Year :
Courts : All ITAT (14958) ITAT Pune (714)
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Agricultural land which is gifted cannot be taxed as income from other sources

Case Name : ITO Vs Komal Kumar Bader (ITAT Jaipur 'A' Bench)
Appeal Number : ITA No. 1253/Jp/2008
Date of Judgement/Order : 24/04/2009
Related Assessment Year :
Courts : All ITAT (14958) ITAT Jaipur (448)
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Commissioner can regard an order as erroneous on the ground that the AO should have made further enquiries

Case Name : Rajalakshmi Mills Ltd. Vs ITO (ITAT Chennai 'D' Bench)
Appeal Number : ITA No. 1074/Mds/1987
Date of Judgement/Order : 24/04/2009
Related Assessment Year :
Courts : All ITAT (14958) ITAT Chennai (858)
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If any payment of income chargeable under the head ‘Salaries’ falls within Section 9(1)(ii) then TDS provisions would stand attracted – SC

Case Name : Commissioner of Income-tax, New Delhi Vs M/s Eli Lilly & Company (India) Pvt. Ltd. [Supreme Court of India]
Appeal Number : Civil Appeal No. 5114/2007
Date of Judgement/Order : 25/03/2009
Related Assessment Year :
Courts : Supreme Court of India (2373)
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Carry forward of MAT credit for how many years if there is contradiction between statutory provisions and circular issued

Case Name : ITO Vs Data Software Research Company (International) Pvt. Ltd. (ITAT Chennai)
Appeal Number : ITA No. 1602/Mds/2008
Date of Judgement/Order : 16/04/2009
Related Assessment Year : 1998- 99
Courts : All ITAT (14958) ITAT Chennai (858)
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TDS on foreign salary is reqd to be deducted even though assessee is not the payer

Case Name : CIT Vs. Eli Lilly (Supreme Court of India)
Appeal Number :
Date of Judgement/Order :
Related Assessment Year :
Courts : Supreme Court of India (2373)

Capital expenditure on scientific research has to be in connection with the Assessee’s business to be allowable under section 35 of IT

Case Name : Ciba India Pvt. Ltd. Vs ITO (ITAT Mumbai)
Appeal Number : ITA Nos. 6719 & 6720/Mum/2006
Date of Judgement/Order : 13/03/2009
Related Assessment Year : 2000- 2001
Courts : All ITAT (14958) ITAT Mumbai (3584)

Deduction under section 80-1A/1B of IT Act can not be disallowed for running a new unit with some plant & machinery taken on hire

Case Name : Pembril Indl. & Engg. Co. Pvt. Ltd. Vs DCIT (ITAT Mumbai)
Appeal Number : ITA No. 8096/M/04
Date of Judgement/Order : 12/03/2009
Related Assessment Year : 2001- 2002
Courts : All ITAT (14958) ITAT Mumbai (3584)

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