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Penalty can not be imposed where the controversy is regarding the legality of the claim made by the assessee: SC

Case Name : Kanbay Software Vs DCIT (ITAT Pune)
Appeal Number :
Date of Judgement/Order :
Related Assessment Year :
Courts : All ITAT (15041) ITAT Pune (720)
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Applicability TDS charges on pre-paid mobile cellular services provided by a service provider through its distributor’s network

Case Name : Vodafone Essar Cellular Ltd. Vs ACIT (ITAT Cochin)
Appeal Number : ITA Nos. 106 to 113/Coch/2009
Date of Judgement/Order : 30/04/2009
Related Assessment Year :
Courts : All ITAT (15041) ITAT Cochin (146)
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Applicability of provisions of section 194H on post-paid services and pre-paid package

Case Name : Vodafone Essar Cellular Ltd. Vs ACIT (ITAT Cochin)
Appeal Number : ITA Nos. 106 to 113/Coch/2009
Date of Judgement/Order : 30/04/2009
Related Assessment Year :
Courts : All ITAT (15041) ITAT Cochin (146)
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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 (14151) Madras High Court (1788)
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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 (14151) Delhi High Court (3416)
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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 (15041) ITAT Pune (720)
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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 (15041) ITAT Jaipur (454)
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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 (15041) ITAT Chennai (864)
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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 (2389)
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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 (15041) ITAT Chennai (864)
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