Bye-laws have not been examined by the Assessing Officer or Bye-laws were not produced before the Assessing Officer - the assessee is not entitled to claim benefit of deduction under Section 80P(2)(a)(vi) of the Act- – matter remanded...
A short question which arises for determination in this civil appeal is – whether the Income Tax Appellate Tribunal was, on the facts and circumstances of this case, justified in upholding the order of the Commissioner of Income Tax (Appeals) directi..
The delinquency and the initial legal proceedings The appellant Pratap Singh had abducted and murdered by poisoning, in conspiracy with others, the deceased on 31-12-1998. He was arrested and produced before the CJM on 22-11-1999. In response to a..
CA Computer Associates Pvt. Ltd. (assessee) was incorporated during the year 1998 and was a 100 % subsidiary of Computer Associates International Inc. USA (CA – USA). The assessee was primarily engaged in the business of (i) licensing mainframe midra..
The issue before the SB was that, while computing the amounts eligible for tax holiday under the Indian Tax Law (ITL), whether the losses of an undertaking of the Taxpayer which is not eligible for tax holiday (Non-eligible Undertaking), are required..
Case Note: (i) Environment - forest land - Forest (Conservation) Act, 1980 - matter pertaining to question that whether land-X leased by State of Chattisgarh to A for setting up of coal washery is part of 'forest land' - contention that prior approv..
The doctors who have specialized qualification in sonology are only entitled to practice ultrasonography. the doctors who have got licenses under the PNDT Act are entitled only to do pre natal diagonostic investigations and are not entitled to invest..
The appellant along with Accused No.1 was tried for offences under Section 120B of IPC read with Section 7 and 13 (2) read with 13(1) (d) of Prevention of Corruption Act, 1988 (hereinafter referred to as "the said Act") by Special Judge (SPE/CBI)-I,..
This appeal has been filed by the accused who stands convicted for offences punishable under Section 306 of Indian Penal Code and Section 4 of the Dowry Prohibition Act 1961 and sentenced to imprisonment for 5 years and 6 months R.I. 2 respectively ..
In the famous case of Golaknath V. State Of Punjab, in the year 1967 the Court ruled that Parliament could not curtail any of the Fundamental Rights in the Constitution. Beginning with its ruling in GOLAKNATH, the Court developed jurisprudence aro..
In a landmark judgment, the High Court of Australia has overturned a long standing line of authority on the scope of the duty of care under New South Wales OHS legislation. The case has brought New South Wales more into line with other Australian jur..
In respect of AY 2003-04, the assessee had an unit in Chennai which was engaged in software development and whose profits were eligible for deduction u/s 10A. The assessee had another unit in Delhi which was engaged in trading and had suffered a loss..
the issue of determining arm’s length price (ALP) of royalty paid by the Taxpayer to its associated enterprise for distribution of software products in India. The ITAT held that the disallowance made by the Transfer Pricing Officer (TPO) to the royal..
The High Court has no power to condone delay in filing appeal. S.5 of the Limitation Act, 1963 was not applicable in appeals filed under s.260A. ..
S. 2 (24) (x) provides that amounts received by an assessee from employees towards PF contributions etc shall be “income”. S. 36 (1) (va) provides that if such sums are contributed to the employees account in the relevant fund on or before the due da..
RBI’s approval does not put a seal of approval on true character of a transaction from perspective of transfer pricing regulation, Lending or borrowing money between two associated enterprises come within the ambit of international transaction an..
Recourse to the power under Section 147 cannot be sustained on a mere change of opinion where there is no failure of the assessee to disclose fully and truly, all material facts necessary for assessment...
It is not the requirement of law that the income assessable should be in the hands of a person who is neither the legal owner nor the beneficial owner. Even if the land is owned by the shareholders, since the super structure constructed by the Compan..
The appeal had been admitted to examine the following question of law : (1) Whether, the Tribunal was correct in holding that the Assessing officer had to record his reasons and based on those reasons form his opinion that the income has escaped a..
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