HIGH COURT RULING - Tax India Online

HIGH COURT RULING

2012-TIOL-1066-HC-AHM-IT

Vinay Printing Press Vs ACIT (Dated : November 26, 2012)

Income Tax - Sections 143(3), 148 - Whether when the documents have been properly analysed by the assessing authority during original assessment, the reassessment u/s 147 can be made on the basis that there was a failure on the part of the assessee to disclose truly and fully all material facts.

2012-TIOL-1065-HC-MP-IT

CIT Vs Mohd Ishaque Gulam (Dated: October 01, 1997)

Income Tax - 'Reference Application' - Sections 37(3A), 37(3B), 256(1) - Circular No. 240 of 1978 - Whether brokerage commission paid to sales agents also falls within the ambit of sales promotion - Whether Circular No 240 of the CBDT also covers such commission within the ambit of advertisement and publicity.

2012-TIOL-1064-HC-MUM-IT

CIT Vs ITAT (Dated : January 19, 2009)

Income Tax - Section 36(1)(vii) - Whether Tribunal commits an apparent error warranting rectification, by instead passing an order on taxability of lease rentals, already taxed on accrual basis, when the issue was only limited to its allowability as deduction on the ground that the said amount had become a bad debt.


CIT Vs M/s Evergrowth Telecom Ltd(Dated : December 17, 2012)

Income Tax - Sections 35ABB, 37(1), 260A - Whether the treatment given in the books of account by the assessee, would by itself determine the taxability of the item - Whether when there is no enduring benefit to be received by the assessee so as to spread the expenditure over a number of years, it can be claimed in a single financial year - Whether the expenditure incurred prior to the date of commercial launch of the activities, can be claimed as a business expense u/s 37(1) - Whether the foreign travel expenses incurred for imparting training to officials, which was a benefit of an enduring nature, can be allowed as revenue expenditure.


CIT Vs M/s Crisil Ltd (Dated : December 18, 2012)

Income Tax - Sections 10A, 260A, 263 - Whether when the expenses incurred in foreign exchange have been reimbursed and not included in the export turnover, the disallowance in respect of the same u/s 10A can still be made - Whether when the services are rendered in india and merely transmitted to a foreign agency, the same can be considered as a foreign nature transaction and hence to be excluded for computing deduction u/s 10A.


CIT Vs M/s Softworks Computers Pvt Ltd (Dated : December 18, 2012)

Income Tax - Section 260A - Whether when a loan is taken for the purpose relocation of office space, the receipt on remission thereof can be treated as a revenue receipt chargeable to income tax.

2012-TIOL-1060-HC-DEL-IT

CIT Vs Dinesh Jain HUF (Dated : October 19, 2012)

Income Tax - Sections 69B, 132, 153A, 260A - Constitution of India - Article 265 -Whether the addition on account of unexplained income under the provisions of section 69B, is a subjective decision and can vary on the basis of the facts of the case - Whether when there is no evidence to show understatement of sales consideration, the addition for undisclosed income can be made.

2012-TIOL-1059-HC-KAR-IT

CIT Vs M/s Bhuwalka Steel Industries Ltd (Dated : December 3, 2012)

Income Tax - Sections 2(47), 80HHA, 80I, 80I(2)(ii), 148, 260A - 'transfer' - Whether the deduction u/s 80I can be claimed even if the assessee is hit by the prohibition contained in section 80I(2)(ii) regarding reconstruction of already existing business or plant previously used for other purposes - Whether the allotment of shares without consideration, on amalgamation of a company, amounts to 'transfer'.

2012-TIOL-1058-HC-RAJ-IT

Urban Improvement Trust Vs ACIT (Dated : February 10, 2012)

Income Tax - Writ - Section 154 - Whether when the Revenue fails to consider the court decisions and also the CBDT's Circulars or Instructions, the order regarding the 'stay of demand' is to be set aside and remanded for fresh consideration.

2012-TIOL-1057-HC-KOL-IT

CIT Vs M/s S K Tekriwal (Dated : December 3, 2012)

Income Tax - Sections 40(a)(ia), 139(1), 194C(2), 194I, 201 - Whether the provisions of section 40(a)(ia) come into play when there is any shortfall due to any difference of opinion as to the taxability of any item or the nature of payments falling under various TDS provisions.


CIT Vs M/s N R Portfolio Pvt Ltd (Dated : December 21, 2012)

Income Tax - Sections 68, 69, 131, 144, 147, 148 - "shifting onus" - Whether when

the summons u/s 131 are issued to share allottees and they fail to respond to such notices, the onus shifts back on the assessee who becomes liable to addition u/s 68 -Whether the concept of 'shifting onus' means that after assessee provides certain details about the share allotees and the assessee's duty gets over.

Also see analysis of the Order


CIT Vs Indovax Pvt Ltd (Dated : December 19, 2012)

Income Tax - Sections 80E, 80IA, 90IA, 115JA - Whether the amount of loss suffered in the section 80IA unit, can be set off against the profits from the eligible unit for the purpose of computing the deduction u/s 80IA.


CIT Vs Hindustan Lever Ltd (Dated : December 12, 2012)

Income Tax - Sections 192, 194C, 194I, 194J, 201(1A), 271C - Whether the consideration paid as 'warehousing charges' to clearing and forwarding agents can be considered as rent, and is thus liable to TDS u/s 194I.

2012-TIOL-1053-HC-ALL-IT

CIT Vs M/s Great City Manufacturing Co (Dated : December 10, 2012)

Income Tax - Sections 40A(2)(a), 40(b)(v), 44AB, 143(1), 143(2), 260A - Whether the provisions of section 40A can be applied, in case the section 40(b) had already been applied - Whether when the partnership deed is complete with regard to all the details regarding remuneration and salary etc, disallowance can be made on the basis that it was excessive - Whether remuneration to partners should be allowed u/s 40(b)(v) only on the basis of declaration made in the partnership deed.

2012-TIOL-1052-HC-KERALA-IT

Joshi P Mathew Vs DCIT (Dated : December 05, 2012)

Income Tax - Writ - Sections 132(1), 132(8), 153A, 158BC - Whether before retaining the documents seized in the course of search, is it obligatory on the part of the Revenue officer to communicate the reasons thereof to the assessee - Whether the absence of such communication would render the seizure of the documents unlawful.

2012-TIOL-1051-HC-JHARKHAND-IT

CIT Vs M/s Metallurgical Engineering Consultants India Ltd (Dated : December 10, 2012)

Income Tax - Sections 29, 36(1)(vii), 215, 234B - Whether when the issue, that theloss on account of WDV of fixed assets transferred in the course of merger, is a capital or revenue loss, was not decided by the lower authority judiciously, remand is the proper course of action.


Pravinbhai M Kheni Vs ACIT (Dated : November 6, 2012)

Income Tax – Sections 132, 158BC, 179, 281 – Whether the provisions of Sec 179(1)can be applied even in the case of a public limited company - Whether such provisions are required to be applied only in very extraordinary cases - Whether when assessee is a public limited company and also attracts the provisions of Sec 179, it is a fit case for the AO to invoke principle of lifing of corporate veil - Whether provisions of Sec 179 can be invoked only after it is established that the taxes due were attributable to negligence of Directors.



M/s Kesharwani Zarda Bhandar Vs CIT (Dated : August 31, 2012)

Income Tax - Sections 37(3A), 154 - Whether a debatable issue can be considered as mistake apparent from the record which can be rectified u/s 154.


M/s Bharti Televentures Ltd Vs Addl/JCIT (Dated : December 18, 2012)

Income tax - Capital vs Revenue expenditure - Whether when the assessee leases out plant and machinery, the installation costs incurred to bring the assets into working conditions can be claimed as revenue expenditure - Whether when the assessee procures software compatible with the hardware leased out, such expenditure is to be construed as capital in nature.



CIT Vs Ultra Modern Exports Pvt Ltd (Dated : December 11, 2012)

Income Tax – Sections 68, 133(6) - Whether when the assessing officer had not doubted the genuineness of the amount received as share application money, the same can still be added as undisclosed income u/s 68 - Whether the rule of ‘shifting onus' can be applied in every case, where the assessee had disclosed the relevant information at the time of assessment.


M/s NDT Systems Vs ITO (Dated : December 4, 2012)

Income Tax - Writ – Sections 40(a)(ia), 143(3), 147, 148, 194C, 194J - Constitution of India – Article 226 - Whether in the reasons to reopen an assessment, any new ground of objection can be added at a subsequent stage after the time of issue of notice – Whether the sanctity of the assessment order can be disturbed merely on the basis of change of opinion – Whether when all the material facts has been disclosed

by the assessee at the time of regular assessment proceedings, then without any new source document the addition in the assessed income can be made.


CIT Vs Kutchi Dasa Oswal Moto Pariwar Ambama Trust (Dated : December 10, 2012)

Income Tax - Sections 11, 12, 12A(1)(a), 12AA - Whether for the purpose of registration as a charitable body commencement of operations of activities is a necessary condition - Whether while rejecting the registration application the Commissioner is required to examine the genuineness of the charitable activities in addition to the objects of the assessee-trust.


Umakant Leasing & Finance (P) Ltd Vs DCIT (Dated : November 5, 2012)

Income Tax - Sections 143(3), 147, 154, 254(2) - Whether when an issue has already been decided by an income Tax authority in its rectification proceedings, a further appeal in the same respect is still possible – Whether the plea for CoD can be accepted if the delay is on account of pronouncement of judicial decisions and is of technical nature.


CIT Vs M/s Dalmia Cement (Bharat) Ltd (Dated : November 19, 2012)

Income Tax - Sections 36(1)(iii), 37(1), 40A(8), 80VV, 256(1) - Companies Act, 1956 - Section 294 - Whether the amount paid to field organizers for establishment of sole selling ag ents is in infraction of law - Whether the interest paid on secured loan is allowable in full u/s 36(1)(iii) - Whether the ceiling of section 40A(8) can be applied in case of interest on secured loan - Whether the retainership fees paid to the advocate not in connection with the income tax proceedings is liable to be disallowed under the head 'Business expenditure'.


CIT Vs Maruti Suzuki India Ltd (Dated : December 14, 2012)

Income Tax – Sections 28, 37, 43B - Central Excise Act, 1944 - Central Excise Rules –Rule 173G - Whether the amount deposited in the Central Excise PLA can be disallowed u/s 43B - Whether in case of a manufacturing concern, adjustment made in PLA amounts to actual payment of duty - Whether the amount in credit of PLA relates to goods not manufactured, thus cannot be correlated with any ''liability incurred'' -Whether the credits available in lieu of payment of taxes, can be equated with that of the payment - Whether the reliable estimate of provision for warranty created on the basis of past trend can be denied as a business expenditure.


M/s Kadakkal Educational Trust Vs CIT (Dated : December 5, 2012)

Income Tax - Writ - Sections 10(23A), 10(23C)(vi), 12A, 12(AA)(b) (ii) - Whether the application for registration of trust u/s 12A, when once rejected by the Revenue, can be restored as per the provisions of law.


Rajan Nanda Vs ACIT (Dated : December 10, 2012)

Income Tax - Writ - Sections 147, 148 - Constitution of India - Article 226 - Whether the writ jurisdiction is always discretionary - Whether the ‘principle of equality' does not apply to writ proceedings - Whether it is necessary that the inference drawn from a particular case of reassessment proceedings can be applied to every case - Whether the ‘principle of natural justice' has to be applied at every stage of judicial proceedings.


M/s P G Mani Vs CCIT (Dated : December 3, 2012)

Income Tax - Writ - Sections 143, 147, 234B, 234C, Rule 119(2) - Whether when the income is brought to tax by a retrospective amendment in law or by an order of the Apex Court, but the same was not taxed by the order of HC, request for waiver of interest u/s 234B can be granted - Whether the implication of interest u/s 234B and 234C can be avoided.


Ferromatik Milacron India Ltd Vs ITO (Dated : November 26, 2012)

Income Tax - Sections 143(2), 143(3), 148 - Whether when the AO has himself mentioned about the information supplied by the assessee in its order, the addition can be made on the basis that there was a failure on the part of the assessee to disclose the facts in its entirety.

2012-TIOL-1027-HC-MAD-IT

M Jayabalan Vs CIT (Dated : October 15, 2012)

Income Tax - Writ - Sections 54, 54F, 251, 264 - Whether the filing of a revision petition can act as a bar on filing an appeal before the appellate authority - Whether in case a revision petition has been forwarded before a revenue authority, the same can be withdrawn unilaterally.


Escorts Heart Insti. & Research Centre Vs CIT (Dated : December 14, 2012)

Income Tax - Writ - Sections 10(21), 11(2) & (3), 12A(A), 13(2)(g), 13(3)(b), 35(1)(ii), 143(1), 147, 148 - Whether the assessing authority, who intends to issue notice u/s 148 to reopen an assessment, can entertain a “reason to believe” which is contrary to the statute - Whether when there is a breach of statutory conditions under which the exemption u/s 10(21) was granted to the assessee, the entire accumulated

income of the previous years can be taxed in the current year by way of reassessment proceedings.

2012-TIOL-1025-HC-AP-IT

Dr D Siva Sankara Rao Vs ITO (Dated : November 27, 2012)

Income Tax - Section 68 - Whether the addition made as unexplained cash credit is justified when it cannot be said that the assessee was able to prove the creditworthiness of the creditor or the genuineness of the transaction of loan.


CIT Vs Smt Padma S Bora (Dated : December 3, 2012)

Income Tax - Sections 80JJA, 260A, Circular No 772 of 1998 - "waste", "collecting" -Whether when the assessee is engaged in the business of manufacturing fuel briquettes from bagasse, a waste of the sugar industry, merely because the assessee pays for the purchase of such waste, it loses entitlement to benefits u/s 80JJA -Whether the wordings of a circular issued by the CBDT, can override the provisions of the statute - Whether bagasse is a 'waste' or a 'by product' of sugar industry.



Shourya Towers Pvt Ltd Vs DCIT (Dated : December 12, 2012)

Income Tax - Sections 132(4), 139(1), 153A, 260A, 271(1)(c) - Whether when the assessee has failed to declare any income before the initiation of search, the 'escape route' as provided in the explanation 5 to sec 271(1)(c) from the levy of penalty for concealment can still be availed.


K Parthasarathy Vs CIT (Dated : November 1, 2012)

Income Tax - Writ - Sections 201(1), 244(A)(2) - 'Employee Stock option Scheme' -Whether the allotment of shares to the employees amount to a perquisite - Whether when an amount is wrongly treated as income, the assessee is entitled to refund thereof alongwith the interest u/s 244A.

2012-TIOL-1019-HC-UKHAND-IT

CIT Vs Vishan Naraiyan Khanna (Dated : December 11, 2012)

Income Tax - Section 271(1)(c) - Whether when the source of gift is found to be ingenuine, the assessing authority can include the said amount of gift as concealed income in the total taxable income.


Dy.CIT Vs Himalaya Machinery (P) Ltd (Dated : November 27, 2012)

Income Tax – Sections 48, 49, 50, 54EC, 143(1) – Whether the deeming fiction created u/s. 50 of the Act with respect to depreciable assets would be confined for the purpose of mode of computation of capital gains contained in Section 48 and 49 of the Act and would not cover the exemption u/s 54EC of the Act.



Ashwamegh Co Op Hous Soc Ltd Vs Dy. CIT (Dated : November 6, 2012)

Income Tax - Sections 143(2), 147 - Whether the reopening of the assessment is justified within four years when it was established inescapably that the AO examined the claim during the scrutiny assessment thoroughly before passing the assessment order.


Asian Silk Mills Vs Dy. CIT (Dated : October 29, 2012)

Income Tax - Writ Petition - Sections 147, 148 - Whether the reopening of the assessment is justified after expiry of five years when it was clear that all the relevant facts which had the context on the ground mentioned in the reasons recorded by the AO were duly disclosed.


CIT Vs M/s Ganapati Finance Ltd (Dated : December 5, 2012)

Income Tax – Section 32 – Claim of depreciation – Whether claim of depreciation can be allowed to the assessee on assets leased out, even when the assessee was unable to prove that the assets were owned by it and were leased out in the course of its business and therefore the twin conditions of ownership and use for the purposes of the business laid down in section 32 were not established.


Moser Baer India Ltd Vs DCIT (Dated : December 6, 2012)

Income Tax - Writ - Sections 10A, 10B, 115JB, 139, 143(3), 147, 148, 263(3), Circular No. 549 of 1989 - “tangible material” , "change of opinion" - Whether the 'mere change of opinion' can be the reason to reopen the assessment u/s 147 -Whether the assessing authority has the power to review during reassessment proceedings - Whether the reassessment proceedings can be opened arbitrarily -Whether the expression 'reason to believe' means a subjective satisfaction only -Whether after the completion of assessment u/s 147, there has to be the objective tangible material for its conclusion - Whether in the absence of the legitimate grounds for the reopening of an assessment, revision u/s 263 is possible.


R C Goel Vs CIT (Dated : December 4, 2012)

Income Tax - Section 40A(3), Rule 6DD (k) - Whether when the non-payment of business expenditure in cash can stifle the operations of a business, it can be considered as a genuine circumstance for granting benefit of rule 6DD and thus avoid implication of disallowance u/s 40A(3).


Pratibha Finvest Pvt Ltd Vs ITO (Dated : December 5, 2012)

Income Tax - Writ - Sections 22(2), 34(1)(b), 147, 148, 254(2), 260A - Whether when the AO initiates reassessment proceedings after giving notice, the AO's jurisdiction is restricted to scrutinise or reassess the income only to the extent of materials, which were the basis for issuance of the notice or the entire assessment -Whether the HC can convert a question of fact into a question of law by exercising jurisdiction to consider substantial questions of law.



CIT Vs M/s KRBL Ltd (Dated : December 5, 2012)

Income Tax - Sections 28(iiia to e), 80HHC(3)(a), 260A, CBDT Circular No 621 of 1991 & 5 of 2006 - General Clauses Act, 1897 - Section 8 - ' ejusdem generis' -Whether the principle of 'ejusdem generis' can apply even if the specific provisions of law exist in the statute - Whether when the credit was utilised for the DEPB scheme, the deduction u/s 80HHC is not allowable - Whether the receipts from the sale of Special Import License' can be taxed as business income u/s 28.


CIT Vs UK Bose (Dated : November 30, 2012)

Income Tax - Sections 2(24)(iv), 10(13A), 24, 28(v), 40(b), 57(iii), 80HHC, Rule 2A -"principle of netting" - Whether assessee can be denied exemption u/s 10(13A) even if there is no material on record to indicate that the relationship between the assessee and the employer is other than that of a master and a servant - Whether when the right to receive interest and the liability to pay interest arose in respect of the same period and out of the same event i.e. non-payment of the sale proceeds in time, the principle of netting can be applied - Whether in such a case the interest received can be set off/adjusted against the interest paid, and only the net amount is subject to tax - Whether the underlying principle of netting would get attracted every time when any expenditure is incurred for earning such income - Whether interest paid by firm to its partner and vice versa, as a matter of general principle operating under the general law is allowed, having regard to mutuality concept implicit in the dealings between the partners and the firm.


K P Nachiimuthu Vs CIT (Dated : September 24, 2012)

Income Tax - Whether the encumbrance certificates show only the nature of encumbrance and not the details of holding of the property - Whether in case of division of the family property, the taxability of the same would be in the hands of the HUF.


CIT Vs Morgan Finvest Pvt Ltd (Dated : December 6, 2012)

Income Tax - Sections 32, 143(1), 143(2), 143(3), 260A, 271(1)(c) - Whether in case the property is held for a short duration in order to make short term capital gains, the depreciation on the same can be allowed as a business expenditure - Whether the mere disallowance of a claim during the assessment proceedings, leads concealment penalty u/s 271(1)(c).


CIT Vs M/s Arun Excello Foundations Pvt Ltd (Dated : October 18, 2012)

Income tax – Section 80IB(10) – Whether the assessee is entitled to claim deduction 80IB(10) proportionately in respect of the residential units where there is also commercial area constructed if all the other conditions are satisfied.



CIT Vs M/s Highlanders Educational Academy (Dated : November 27, 2012)

Income Tax - Section 10(23C)(iiiad) - Chapter III - Whether when the assessee exists not for profit but only for educational purpose, and also the fact that its annual receipts do not exceed Rs 1 Crore, such income will be outside the compass of total income as per the provisions of Sec 10(23)(iiiad).


CIT Vs M/s Dehradun Club Ltd (Dated : December 3, 2012)

Income Tax - Sections 2(24)(vii), 147 - Whether when the members of a club have been funded by a third party, it can be termed as an income derived from an activity based on principle of mutuality - Whether in the inclusive definition of income u/s 2(24)(vii), only that income which has been specifically provided therein, can be included for the purpose of estimating income on the basis of principle of mutuality.


CIT Vs Convertech Equpments Pvt Ltd (Dated : December 3, 2012)

Income Tax - Sections 36(1)(ii), 143(1), 143(3), 147, 148 - Whether when there is no failure on the part of the assessee in disclosing facts before the adjudicating authority, there can still be reopening of the assessment u/s 147 - Whether the payment made to the Directors for services rendered as per the terms of the appointment, can be

said to be distribution of dividend or profits in the guise of commission.


T C Sood Vs CIT (Dated : November 21, 2012)

Income Tax - Writ - Sections 132, 158BC, 254(2) - Whether when during an appeal, evidences are not in possession of the assessee, the issue can be remanded to the file of Tribunal to dispose it off alongwith miscellaneous application filed for rectification of the Tribunal's order.


CIT Vs M/s Vaishali Jewellers (Dated : November 27, 2012)

Income Tax - Section 260A - Whether when the income offered for taxation in the relevent year is sufficient enough to tax the income found during the search, the further addition can be made in respect of materials found during the search -Whether when there are no sufficient supporting documents available in support of an undisclosed income, the addition thereof is not justifiable.

2012-TIOL-998-HC-CHATTISGARH-IT

M/s Bakhtawar Singh Balkrishan Builders Ltd Vs CIT (Dated : November 2, 2012)

Income Tax - Sections 80HH(1), 256(1) - Whether the activity of constructing dams can be considered as an 'Industrial activity' under the provisions of the income Tax Act - Whether the term 'manufature' and 'produce' can be used in context of immovable items - Whether an additional ground of appeal can be accepted by the Tribunal during proceeding, when the same was raised neither before the CIT(A) nor before the AO.


CIT Vs M/s Okasa Pvt Ltd (Dated : November 19, 2012)

Income Tax - Sections 80IA, 154, 263 - Whether when the assessee has not claimed depreciation while computing deduction u/s 80IA, it can be rectified by invoking jurisdiction u/s 154.


Super Cassettes Industries Ltd Vs Dy.CIT (Dated : November 30, 2012)

Income Tax - Writ - Sections 32, 44AB, 115J, 142(1), 143(2), 143(3), 147, 148, 154 -Companies Act, 1956 - Section 205 - Whether it is possible to file objections against the notice issued u/s 148, in case the reasons for reopening were asked for by the assessee, but the same were not yet provided by the Revenue.


CIT Vs Sangeeta Wig (Dated : November 30, 2012)

Income Tax - Sections 2(42)(C), 28(va), 44AB, 50B, 54F, 55(2)(a), CBDT Circular No 779 of 1999 - Whether the consideration received as a result of sale of business, pursuant to a MOU entered, can be taxed as 'profits and gains from business and profession'.


CIT Vs Enchante Jewellery Ltd (Dated : November 20, 2012)

Income Tax - Sections 37(1), 43B(e), 143(2) - Whether penalty paid under the Customs Act is allowable business expenditure - Whether the payments made for guarantee and interest thereon attract any disallowance u/s 43B.


CIT Vs Delhi Industries & Enterprises (Dated : November 29, 2012)

Income Tax - Sections 24(6)(sick) , 45(4), 143(1), 147, 148, 263 - 'deductive reasoning', 'inductive reasoning' - Whether when nothing new has been presented before the High court, it contradicts the observations made in the Tribunal's order -Whether while defending its case, an assessee alongwith disclosure of facts needs to interpret law also - Whether the capital gain on distribution of assets u/s 45(4), can be alienated on the basis of facts of the case.


M/s Indian Bank Vs DCIT (Dated : October 30, 2012)

Income tax – Sections 28, 37 – Whether the assessee is entitled to deduction for the net amount of interest paid by the assessee for the broken period in respect of securities held as trading assets – Whether the valuation of shares kept as stock in trade, should be at cost or market value whichever is less – Whether when the assessee paid additional interest which is not as per the guidelines issued by RBI but was not hit by public policy, no disallowance can be made for the said amount.


Garg Dyeing & Processing Industries Vs ACIT (Dated : November 22, 2012)

Income Tax - Sections 9, 12, 22, 24, 56(2)(iii), 143(1), 143(3) - Whether when the assessee lets out building with furniture and fixtures and their maintenance, the composite rent received is to be treated as 'income from other sources'.



CIT Vs M/s Ceebros Property Development Pvt Ltd (Dated : November 2, 2012)

Income Tax - Sections 80IB(10), 263 - Whether for the purpose of claiming deduction u/s 80IB(10), it is neccessary that the assessee should be the owner of the property -Whether the Tribunal can invoke the powers u/s 263, without any cogent reasons.


CIT Vs M/s Reliance Energy Ltd (Dated : November 26, 2012)

Income tax - Sections 80IA(8) & (10), 115JB, 143(3), 147, 148 - Whether when the deduction claimed u/s 80IA was subjected to appellate proceedings and finally settled in favour of the assessee, reassessment can still be initiated beyond four years -Whether in such a case the AO's order gets merged with the Tribunal's order and any proceedings u/s 147 are barred.



CIT Vs M/s Reliance Energy Ltd (Dated : November 26, 2012)

Income Tax - Sections 147, 148 - Whether the issue of application of Section 80IA (10) instead of Section 80IA (8) to arrive at the profit for claiming deduction u/s 80IA is a mere change of opinion not warranting reopening of assessment.


CIT Vs M/s Petroleum India International (Dated : November 19, 2012)

Income Tax - Sections 40(a)(iii), 143(3), 147 - Whether when there is no default on the part of the employee in disclosing the facts before the AO, the assessment can still be reopened beyond the normal period of four years.


CIT Vs Mr Raman Kumar Suri (Dated : November 27, 2012)

Income Tax - Sections 48, 54, 260A - Whether there is a provision in the Income Tax Act, to tax deemed income for the purpose of capital gains - Whether the specific valuation done by the registered valuer of the Revenue department gets precedence over general rules made - Whether when the two flats were already joined before the assessee became the owner thereof, the assessee can be denied exemption u/s 54 which is available for a single residential property.


CIT Vs Fair Finvest Ltd (Dated : November 22, 2012)

Income Tax - Sections 68, 131, 148 - Whether when the assessing authority has not conducted proper enquiry before making the addition on account of undisclosed income, the said addition cannot be sustained.


A Rakesh Kumar Jain Vs JCIT (Dated : September 25, 2012)

Income Tax - Sections 132(3), 132(1)(iii), 158BC, 158BE - Chapter XIV - B - Whether several authorisations drawn and executed on different dates and several panchanamas drawn in this regard would have any bearing on a case of single authorisation for search - Whether for the purpose of estimating limitation period, it is mandatory that there can be only one panchnama - Whether it is allowed as per law to enter the premises again for further investigation for the material already secured during search - When does the limitation period start in case of search assessment .


Sri T Jayachandran Vs DCIT (Dated : October 29, 2012)

Income tax – Whether when as per the facts on record, it is observed that the amount received by the assessee was as a broker and was given as per the instructions of the principal, the amount received in his account through which it was transferred to other person, it cannot be treated as the income of the assessee.


M/s Sree Jayajothi & Co Ltd Vs CIT (Dated : September 11, 2012)

Income Tax - Sections 32(1), 170 - Whether the assessee is entitled to claim depreciation as provided for in the fourth proviso to Section 32(1) when the assessee formed a wholly owned subsidiary and transferred one of the units to the subsidiary with all the assets and liabilities at the book value.


R Srinivasan Vs Asstt /Deputy CIT (Dated : September 11, 2012)

Income Tax – Sections 158BG, 158BC, 263 - Whether the Commissioner(Administration) could validly exercise revisionary powers u/s 263 after having accorded statutory approval u/s 158 BG in respect of Section 158 BC assessment order passed in relation to search and seizure action initiated u/s 132 of the Income Tax Act, 1961 prior to 1.1.97.


DCIT Vs M/s First Leasing Company Of India Ltd (Dated : November 20, 2012)

Income Tax - Section 32 - Whether the Tribunal is justified in disallowing depreciation with regard to the contracts on grounds that the supplier of the material was not traceable or for other technical reasons - Whether the Tribunal is right in holding that the valuation of assets is leased in the case of M/s. Sanghi Textiles Ltd., M/s.Enterprising Enterprises and M/s. Patheja Forgings & Auto Parts Mfg. Ltd. when the assessee did not discharged its burden.


CIT Vs JRM Steel Pvt Ltd (Dated : November 20, 2012)

Income Tax - Sections 69C, 131 - 'principle of finality of orders' - Whether the matters which have attained finality, can be reagitated in the court of law - Whether an adjudicating authority can subsequentally contradict its own order.


CIT Vs Mahendra Karma Pooranchand Soni (Dated : November 5, 2012)

Income Tax - Section 260A - Whether when the intention of the assessee is not to indulge in profit making activities, the receipts from the sale of products are revenue receipts - Whether in order to determine the true nature of a transcation, the intention of the parties is the only decisive factor - Whether the Income Tax adjudication authority can travel beyond the taxation boundaries to tax certain transactions.


CIT Vs M/s Merilyn Shipping & Transports (Dated : October 8, 2012)

Income tax - Whether the expression 'payable' in section 40(a)(ia) refers to entire payment on which the TDS was required to be made or only to amount outstanding as on 31st March of every year.

2012-TIOL-969-HC- KERALA-IT

Muthoot Finance Corporation Vs CIT (Dated : September 7, 2012)

Income Tax - Section 37 - Income Tax Act, 1922 - Sec 10 - Whether deduction can be claimed for an expense incurred for the purpose which constitutes an offence -Whether deduction can be claimed beyond the express provisions of the Act - Whether the expenditure incurred by way of payment of interest in excess of the limit imposed under the State Money Lenders Act, is allowable as business expenditure.



CIT Vs Sh Kanwaljit Singh (Dated : November 30, 2012)

Income tax - Sections 16, 17, 28(va), 36(1)(iii) - Whether when the assessee while working as an employee of a firm controlled by him, earns salary as well as commission arising out of non-compete agreement signed between him and the firm, the commission paid by the firm is to be treated as part of his salary and not business income.



Shri Manohar Lal Kalra Vs CIT (Dated : November 20, 2012)

Income Tax - Sections 133A, 143(3) - Whether when all the materials relevant for adjudication are available before the authority, the decision to remand the case is not sustainable.


M/s Sanghvi Swiss Refills Pvt Ltd Vs ACIT (Dated : November 20, 2012)

Income Tax - Sections 132, 132(4), 143(3), 260A, 271(1)(c) - Whether when an order has been set aside by the superior authority, it can be relied upon to establish any fact - Whether when no appeal has been filed by the assessee against any addition, it can be presumed that the said addition has been accepted - Whether a decision made entirely on the basis of an order in quantum proceedings can be held as a valid decision in the eyes of law.


CIT Vs Intercontinental Consultants & Technocrats Pvt Ltd (Dated : October 9, 2012)

Income Tax - Sections 80HHB, 80HHBA, 260A - 'execution of a housing project', 'execution of a project' - Whether for the purposes of claiming deduction u/s 80HHB and 80HHBA, the services rendered by the assessee fall within the scope of the expressions “execution of a foreign project” or “execution of a housing project” and the profits derived from such services are eligible for the deduction under those sections - Whether when there is a combination of both physical and technical services in fruition of the project, the deduction u/s 80HHBA and 80HHB can be denied.


CIT Vs Becton Dickinson India Pvt Ltd (Dated : November 19, 2012)

Income Tax - Sections 37(1), 115JB - Whether the provision for warranty can be treated as provision for diminution in the value of assets, hence to be added in the calculation of book profits - Whether when the market value of slow-moving stock has become Nil, the same can be recorded in books at a higher value.


M/s Chamundi Steel Rolling Mills Vs ACIT (Dated : October 1, 2012)

Income Tax - Sections 30, 31(i), 37 - Whether an expenditure incurred on replacement of a machinary can be claimed as a revenue expenditure - Whether in order to decide about the nature of the expenditure incurred, nature and neccessity of the expenditure are the decisive factors.


CIT Vs ICC India Pvt Ltd (Dated : November 20, 2012)

Income Tax - Sections 2(24), 28(iv), 41(1) - Whether when the subsidiary receives share application money from the non-resident parent in the form of cash and capital goods and also imports certain consumables, waiver of payment obligations amonts to income receipt u/s 41(1) even if the assessee transfers the entire amount to the capital reserve account - Whether if the assessee claims depreciation on the capital goods, it is to be added back if the sum is treated as capital receipt.



CIT Vs M/s Sanghvi And Doshi Enterprise (Dated : November 1, 2012)

Income Tax – Section 80IB – Whether the deduction contemplated u/s 80IB is oriented towards the project or with reference to an assessee – Whether the deduction u/s 80IB is available only to the developers who are the owner of the land -Whether there need not be any cap of 10% for flats having built up area exceeding 1500 sq. ft. with regard to claim for deduction u/s. 80IB of the Act – Whether the assessee is entitled for the deduction u/s 80IB(10) for the housing project with respect to residential flats with built up area not exceeding 1500 sq. ft. even though in the same housing project, the assessee had constructed flats exceeding built up area of 1500 sq. ft. - Whether the provisions of Section 80IB(10) provide for partial deduction to the housing project with respect to residential flats with built up area of less than 1500 sq.ft. where the same project contains flats with built up area exceeding 1500 sq.ft.


CIT Vs Vodafone Essar South Ltd (Dated : November 20,2012)

Income Tax - Sections 35ABB, 37, 143(3), 263 - 'lack of inquiry', 'inadequate inquiry' - Whether the inadequate inquiry by the assessing authority makes a valid ground for invoking revisionary authority u/s 263.


CIT Vs M/s Shamlal Bajaj (Dated : October 8, 2012)

Income Tax - Sections 80HHC, 139, 143(1)(a), 143(2), 147, 148 to 153 - Whether the intimation issued u/s 143(1)(a) can be treated as an order of assessment -Whether the excess claim of deduction, which could not be adjusted u/s 143(1)(a) proceedings, can be disallowed by initiating proceedings u/s 147.


CIT Vs M/s Mahalakshmi Housing (Dated : November 2, 2012)

Income Tax - Sections 80IB, 80IB(10) - Whether the private terrace area is to be included in the built up area of the flats for the purpose of making out the statutory extent of built up area as per the provisions of Section 80IB(14) - Whether for the purpose of claiming deduction u/s 80IB, the ownership of the land is mandatory.


Indian Bank Vs DCIT (Dated : October 30, 2012)

Income Tax - Section 32 - Whether the Tribunal is right in law in not considering the contention raised by the appellant as regards set off of carried forward losses of earlier years, which claim was not considered by the CIT (A) while disposing of the appeal.


M/s Viswas Promotoers Pvt Ltd Vs ACIT (Dated : November 2, 2012)

Income Tax - Section 80IB(10) - Housing Project - Principle of proportionality -Whether in case of composite housing project, Sec 80IB(10) benefits are to be allowed based on the principle of proportionality if conditions are partly satisfied by the assessee.



CIT Vs M/s Spel Semi Conductor Ltd (Dated : October 15, 2012)

Income Tax - Sections 32(2), 72(2) - Whether unabsorbed depreciation can be given priorty at the time of setting off of losses against the brought forward losses -Whether when the unabsorbed depreciation cannot be set off as against the income from business or profession as there is no income available under the said head and there is income from other sources, effect must be given to Section 32(2) - Whether the provisions of Section 32(2) can be given effect to, ignoring the provisions of Section 72(2).


Mapex Infrastructure Pvt Ltd Vs CIT (Dated : October 19, 2012)

Income Tax - Sections 32(2), 44AB, 71(1), 145(1) - 'litmus test' , ' rule of estoppel' -Whether the accounting treatment followed by the assessee is the only decisive factor in allowing an expenditure as a business expenditure - Whether the nomenclature given to an expense is a litmus test for its allowability - Whether when an assessee is allowed to claim an expenditure as revenue, can he be estopped merely due to different treatment in its books of accounts - Whether section 145(3) can be applied in case the assessee is having uniform accounting process - Whether the depriciation can be allowed to set off against the interest income earned in the normal course of business.


Kanoria Chemicals And Industries Ltd Vs CIT (Dated : October 19, 2012)

Income Tax - 'rule of estoppel', 'doctrine of merger' - Whether in case of the decision of the appellate tribunal, the 'doctrine of merger' applies - Whether when even a single ground of an order is not challenged before the court of law within the limitation period, the 'rule of estoppel' apply on the remaining issues also.


M/s Mahashakthi Construction Co Vs JCIT (Dated : September 14, 2012)

Income Tax - Sections 260A - Whether the expenditure incurred towards lease of 'Plant and Machinery' can be denied as revenue expenditure, even if the same was allowed as a deduction in previous years.


CIT Vs M/s Piya Nadar Charitable Trust, Sivakasi (Dated : September 18, 2012)

Income Tax – Sections 11, 13(1)(bb), 256, 260 – Whether the decision of the High Court must necessarily rest on the findings of fact, which, admittedly, had not been challenged before High Court – Whether so long as the primary object of the Trust is not of a business for profit, but to achieve its objective it carried on business to earn income, the negative effect of Section 13(1)(bb) would not be visited on the assessee Trust to deny the benefit of exemption under Section 11.

2012-TIOL-940-HC-P&H-IT

CIT Vs M/s C & C Constructions (Dated : October 18, 2012)

Income Tax - Section 245D - Constitution of India - Article 226 - Whether the writ option can be excercised by the Revenue even before the Settlement Commission has given its findings - Whether writ jurisdiction of the HC can be invoked against an interim order.


CIT Vs Income Tax Settlement Commission (Dated : November 20, 2012)

Income Tax - Writ Petition - Sections 143, 144, 147, 153, 245A(b) - Whether proceedings are to be deemed to remain “pending” for the purposes of section 245A(b) when the time limit for completion of assessment u/s 143 or section 144 has expired.


Infrastructure Development Finance Co Ltd Vs JCIT (Dated : October 31, 2012)

Income Tax – Section 251 – Whether CIT(A) can enhance the assessment without making any compliance of sub Section (2) of Section 251 of the Act and granting opportunity to the assessee of being heard – Whether Tribunal erred and acted contrary to the record and without any evidence, in alleging that the assessee had exercised an option to allegedly receive discounted interest for the whole period of the CODs on 31st March, 1997 and not on 31st March 1998.


Arun Kumar Goyal Vs CIT (Dated : November 21, 2012)

Income Tax - Sections 147, 148 - Whether the assessment can be re-opened by the AO on the ground that the assessee had purchased two-third share in SCO for a consideration of Rs.85 lacs as per the ‘agreement to sell' dated 14.10.1999 but the sale deed got registered at Rs.19.20 lacs in the A.Y 2003-04.


CIT Vs SSK Tulajabhavani Kalyan (Dated : October 9, 2012)

Income Tax - Sections 158BC, 158BD - Whether the reasons recorded before issue of a notice u/s 158BD can be considered genuine, in case sufficient time was provided to the Revenue and it failed to record the same.


CIT Vs M/s Noida Toll Bridge Co Ltd (Dated : November 8, 2012)

Income Tax - Section 32 - Whether the assessee is entitled to depreciation on the road constructed by it under the concession agreement as a lessee when the operation, maintenance and use of the road during the concession period is with the assessee.

2012-TIOL-930-HC-HP-IT

CIT Vs M/s Nipso Polyfabriks Ltd (Dated : November 7, 2012)

Income Tax - Sections 2(24)(x), 28, 29, 30, 36(1)(va), 43B, 139(1), 143(1) - 'res integra' - Whether when the assessee fails to deposit the sums received from its employees into the PF and ESI accounts, even then deduction can be claimed u/s 36(1)(va) - Whether there is any difference in the treatment of employers and employees' contribution towards the PF and the ESI.


Bureau Of Indian Standards Vs DGIT (Dated : September 27, 2012)

Income Tax - Writ Petition - Sections 2(15), 10(23C)(iv) - Whether Bureau of Indian Standards a statutory body established under the an Act and was brought into existence for standardisation, marking and quality certification of goods can be denied exemption u/s 10(23C)(iv) merely because the testing procedures, or accreditation involves charging of fees.


CIT Vs M/s Wipro Finance Ltd (Dated : October 9, 2012)

Income Tax - Section 143(1)(a) - Whether the income assessed as undisclosed income can be taxed in the regular assessment also.


CIT Vs Upendra T Kapadia (Dated : October 30, 2012)

Income Tax - Sections 11(5)(iii), 43B - Whether non-payment of interest to a cooperative bank attracts the provisions of Sec 43B - Whether for the purpose of meaning of "scheduled banks" given in Section 43B, only the explanation to Section 11(5)(iii) is relevant and not the main section.



CIT Vs Late Misrilal Jain (Dated : November 7, 2012)

Income Tax - Sections 140A, 143(3), 147, 148, 156, 220(6) - 'ex-parte order', 'assessee in default', 'Calculation and Recovery' - Whether when the assessee submits revised return after making self-assessment u/s 140A, he is liable to pay interest u/s 220(6) from the date of his filing revised returns or from the date of determination of his final tax liability - Whether a notice u/s 156 is obligatory if any interest liability is determined to be due from the assessee.



CIT Vs Jaggon International Ltd (Dated : November 8, 2012)

Income Tax - Section 115VD - Whether Deep Sea Matdrill qualifies to be a ship within the meaning of Sec 115VD - Whether it can be treated as offshore installation.


CIT Vs M/s Jain Housing & Constructions Ltd (Dated : November 2, 2012)

Income Tax - Section 80IB(10) - Whether non-submission of completion certificate can be a ground to reject the assessee's claim u/s 80IB(10)(a) for A.Y 2004-05.


CIT Vs M/s Gangothri Textiles Ltd (Dated : October 30, 2012)

Income Tax - Section 80IA - 'Nexus' - Whether in the absence of direct nexus of the losses incurred with that of the business of the assessee, it can still be allowed as a deduction u/s 80IA.


CIT Vs Usha International Ltd (Dated : November 5, 2012)

Income Tax - Section 271(1)(c) - Whether penalty u/s 271(1) (c) can be imposed when the revised return withdrawing the claim was not filed voluntarily but was provoked by the evidence collected by the Revenue and the survey conducted in the assessee's premises.


M/s Gail India Ltd Vs JCIT (Dated : November 11, 2012)

Income Tax - Sections 30, 37 - "lease premium" - Whether when the lessee pays a one time heavy premium in addition to the annual rent for a leased property on which the lessee enjoys all rights except alienation rights, the said premium amount can be amortized as a revenue expenditure.


M/s M Visvesvaraya Industrial Research Vs CIT (Dated : October 25, 2012)

Income Tax - Sections 2(15), 2(47), 11(1)(a), 11(4A), 12A, 22, 23, 25, 35 (1) (ii), 45, 143(3), 256(1) – ‘doctrine of diversion of income by over-riding title' - Whether the benefits of section 11 exemption can be availed an assessee merely by obtaining registration u/s 12A – Whether for the purpose of availing benefit of section 11 deductions, the onus of proof is on the assesse – Whether an assessee carrying on the activities as mentioned in its AOA, is entitled for the deduction of section 11 –Whether the premium received by the assesse on transfer of leasehold rights can be taxed as a business income – Whether the amount appropriated towards a sinking fund can be taken as a part of the rent received by the assessee for calculation of income from business - Whether the standard rent fixed by the Municipal Authorities can be accepted as the annual value instead of the actual rent realised by the assesse for determination of income from house and property.

2012-TIOL-916-HC-ORISSA-IT

M/s Orissa Housing Development Corporation Ltd Vs ACIT (Dated : October 17, 2012)

Income Tax – Sections 43B, 139(1)& (5), 142(1), 143(2), 246A, 264 - Constitution of India – Articles 226, 227 – Whether there is any sequence prescribed under the Income tax Act as to in what manner the notice u/s 142(1) and 143(2) are to be issued – Whether the appeal filed by the petitioner after rejection of its petition under Section 264 by the Commissioner of Income Tax is maintainable under the Income tax Act – Whether the ‘power to review' can be equated with the appellate power of the Commissioner of Income Tax.


CIT Vs Central Coal Fields Ltd (Dated : October 12, 2012)

Income Tax - Sections 37(4), 43(6), 50, 115J - Whether in case the claim made by the assessee is not affecting revenue in any manner, it is not obligatory on the part of the Revenue to entertain it.


Kiwanis Club of New Delhi Vs Director Of Income Tax (Exemptions) (Dated : November 1, 2012)

Income Tax - Writ - Sections 12A, 119(2)(b), 139(1) & (4), 142(1), 143(1), 143(2), 143(3) - Whether refund can be granted even without processing return of income either under Ss 143(1) or 143(3) - Whether xerox copies of TDS certificates submitted along with the return of income are enough to grant refund - Whether income tax authority is bound to condone the delay in filing refund application, filed by the assessee - Whether when the assessee has filed two seperate refund applications and the reasons mentioned are different in both the applications, the denial to issue refund amount can still be construed as arbitrary.



CIT Vs Youth Consruction Pvt Ltd (Dated : November 8, 2012)

Income Tax - Sections 68, 147, 148 - Whether ITAT erred in deleting the addition of Rs.1.65 crores made u/s 68 when there was precious little that was done by the assessee in discharging its burden under the section.


CIT Vs M/s Sheo Prasad Poddar (HUF) (Dated : September 21, 2012)

Income Tax - Sections 142(1), 143(2), 194C - Whether when a document is not considered by the lower authorities while passing orders, remand of the same would be a proper recourse.


CIT Vs M/s Ganesh Trading Company (Dated : September 20, 2012)

Income Tax - Sections 256(1), 271(1)(a), 271(1)(C), 271(2)(c) - Whether the levy of penalty for concealment, is a seperate proceeding from that of a regular assessment -Whether the opportunity of being heard should be provided to the assessee seperately before levying penalty for concealment of income - Whether the penalty u/s 271(1)(C) can be levied, even though the income disclosed during search was deliberately not declared in the return of Income.


CIT Vs M/s Royal Rags Pvt Ltd (Dated : October 9, 2012)

Income Tax - Sections 143(2), 143(3), 147, 239(2)(c), 240, 243(1)(a) - Chapter XIX - Whether refund can be allowed to the assessee, in case the time period mentioned u/s 239(2)(c) has lapsed - Whether sanction of refund is automatic and no application is required to be filed.


Laxmichand Jagshi Vora Vs CIT (Dated : October 29, 2012)

Income Tax - Writ - Sections 143(3), 264, 271(1)(c) - Whether when there is glaring inconsistency in the stand of the assessee at the time of assessment proceeding, it is open for him to take another stand in revision proceedings.


PHD Chamber Of Commerce & Industry Vs Director Of Income Tax-Exemptions (Dated : October 19, 2012)

Income Tax - Sections 2(13)&(15), 11(4A), 12A, 28(iii), 254(2) - Whether when a trade, professional or similar association, such as a chamber of commerce and industry dervies income from services provided to members and non members , the same can be considered as "business" warranting satisfaction of conditions u/s 11(4A), even though it is engaged in charitable activities and has no profit motives -Whether for the purpose of claiming exemption u/s 11, the dominant purpose test i.e. profit motive or charitable motive which needs to be applied, and not merely the generation of surplus - Whether charitable activities must be carried on in such a manner that it does not result in any profit, even though when earning profit is only incidental to such activity - Whether when there is identity between the contributors and participators in the surplus of the association, the surplus is ought not to be taxed under the general principles of mutuality - Whether in terms of section 28(iii) the mutuality principle is destroyed, when the assessee is deriving income or making profits as a result of rendering specific services for its members in a commercial way.



CIT Vs M/s Breeze Hotels Pvt Ltd (Dated : October 9, 2012)

Income tax - Expenditure Tax Act, 1987 - Sections 3, 5, 9, 11 - Whether the application of section 3 of the Expenditure Act can be avoided even if the tariff of the rooms exceeds the prescribed limit - Whether when there are two possible interpretations of the statute language, which one should be preferred.


CIT Vs M/s Elnet Technologies Ltd (Dated : October 9, 2012)

Income Tax - Sections 6, 28 - Income Tax Act, 1922 - Section 9 - Whether the income derived from letting out of property to the tenants for the purpose of running a software technology park is taxable as 'income from business' in the hands of the owner of the property.


Smt D Anuradha Vs DCIT (Dated : October 15, 2012)

Income Tax - Section 80HHC, Circular No 729 of 1995 - Whether when the assessee admits on its own that it is a trading exporter, the deduction u/s 80HHC cannot be denied - Whether the assessee's stand regarding typo error in the export invoice in

order to avail exemption for exports, is tenable in law.


Alfa Tie-Up Pvt Ltd Vs CIT (Dated : October 12, 2012)

Income Tax - Section 73 - Whether when the interest income is held as assessable under the head “business”, such business has to be treated as the appellant's principal business.


S Thilakam Vs CIT (Dated : October 16, 2012)

Income Tax - Writ - Sections 68, 264(1) - Constitution of India - Article 226 - Whether when the assessee has the option to choose between statutory and constitutional remedy, which should be preferred - Whether it is obligatory on the part of the court to entertain writ petition filed agaisnt the order passed u/s 264.


Sharp Business System Vs CIT (Dated : November 5, 2012)

Income Tax - Sections 32(1)(ii), 37(1) - "non compete fees", " similar business or commercial rights", "rights in rem", "rights in personam" - Whether non-compete fees paid for not engaging in a similar line of business for a period of seven years can give rise to an enduring benefit of capital nature - Whether such expenses can be classified as revenue expenditure u/s 37(1) of the Act, even though the assessee has gained a substantial market share out of such non-compete arrangement - Whether non-compete right which are rights in personam amounts to a depreciable intangible asset within the meaning of rights spelt-out in Section 32(1)(ii) of the Act - Whether a right in personam enforceable only against a specified person and not against the whole word, can satisfy the nature of intangible rights mentioned in Section 32(1)(ii) of the Act - Whether for a right to be classified as intangible asset, the same must be freely alienable.



CIT Vs Khoobsurat Resorts Pvt Ltd (Dated : November 5, 2012)

Income Tax - Sections 50C, 68 - "legal fiction" - Whether when the assessee is required to pay stamp duty on a higher value, which is more than the consideration disclosed in the sale deed, the same leads to a necessary presumption of undervaluation and concealment of income within the scope of Section 50C - Whether Section 50C operates only in a limited domain for the purpose of computation of capital gains - Whether a special provision which provides for a legal fiction can be construed liberally allowing a wider interpretation.


CIT Vs M/s Ansal Housing Finance And Leasing Co Ltd (Dated : October 31, 2012)

Income Tax - Sections 9, 10, 24, 32AB(1)(b) - "own possession", "annual letting value" - Whether assessee is liable to pay income tax on the annual letting value of unsold flats owned by it as stock in trade under the head “income from house property”, even when the same is not actually let out - Whether the levy of income tax in the case of one holding house property is premised not on whether the assessee carries on business, as landlord, but on the ownership - Whether annual letting value method is a permissible method for determination of tax regardless of whether actual income is received or not - Whether existence of an artificial method itself would not mean that levy is impermissible - Whether mere passive occupation of one's own property, amounts to "own occupation" in the course of business, and for the purpose of business, qualifying for exemption from income tax - Whether when the lower authorities have allowed the benefit of exemption u/s 32AB in the previous year, the eligibility of the business cannot be challenged now at a later stage.



Shumana Sen Vs CIT (Dated : October 19, 2012)

Income Tax - Writ - Sections 142(1), 147, 148(2) - Whether for the purpose of issuing notice for reassessment, only a prima facie belief or tentative opinion is required to be formed by the assessing authority - Whether alongwith the relevancy, the adequacy and sufficiency of the reasons for reopening of assessment is also mandatory -Whether the source of the tax evasion petition is relevant.


CIT Vs Supreme Pvt Ltd (Dated : October 30, 2012)

Income Tax - Sections 143(3), 147, 148(1) & (2) - Whether the mere reason to believe that income had escaped assessment, is sufficient to reopen the assessment beyond four years period.


CIT Vs Shri Allu Arvind Babu (Dated : October 8, 2012)

Income Tax - Section 2(4) - "isolated transaction" - Whether when the assessee incurs losses on redemption in an isolated transaction of investment in mutual funds, the assessee can be allowed to claim the same as business loss, when it is carrying on business in certain other lines - Whether merely because there is an isolated transaction, a necessary inference can be drawn that the same is not the nature of trade and instead a colourable device for availing tax benefits - Whether such an isolated transaction cannot satisfy the description of an adventure in the nature of trade, even when some of the essential features of trade are present - Whether the manner and conduct of the business can be the litmus test to decide on the nature of activity as to whether the purchase of shares is an investment or in the nature of a trade - Whether the income earned as an income from investment or an income arising from a nature of adventure in the nature of trade is a question which purely rests on a finding of fact.


CIT Vs Valibhai Khanbhai Mankad (Dated : October 1, 2012)

Income Tax - Sections 40(a)(ia), 194C, Rule 29D - Whether for the purpose of application of section 40(a)(ia), deduction of tax at source is an essential condition -Whether liability to deduct tax at source ceases as soon as sub-contractor satisfies conditions under 194C(2).


Smt Gills Benny Vs CCIT (Dated : October 17, 2012)

Income Tax - Sections 133A, 234A, 234B, 234C - Whether imposition of penalty can be waived off by the Commissioner in terms of CBDT Notification, when the assessee has raised a bona fide ground, although not covered in any of the circumstances prescribed in the Board's notification.


CIT Vs M/s Reliance Communication Infrastructure Ltd (Dated : October 22, 2012)

Income Tax - Sections 115JA, 115JB, 143(3), 260A, 263 - AS 19 - Whether when assessee's shares are pledged only to raise loan, such an activity gives rise to capital gains, and the difference between the market value and the face value is to be taxed -Whether when only the right to use an asset is transferred for a fixed tenure, its consideration is to be spread over the term of its lease period as per AS 19 - Whether such a case is a fit case for invocation of revisionary authority u/s 263.



CIT Vs Shri Sachin P Ambulkar (Dated : October 16, 2012)

Income Tax - Sections - 2(47), 45 - Whether the consideration received under the family settlement on transfer of right, title and interest in the family property is a transfer liable to be taxed as Capital Gain.


M/s Rock Castle Property Pvt Ltd Vs CIT (Dated : October 22, 2012)

Income Tax - Writ - Sections 50C, 143(3), 147, 148 - Whether when all the documents and facts were presented before the adjudicating authority for making assessment, the assessment can be reopenend u/s 148 beyond the normal limit of four years.


CIT Vs Shree Renuka Sugars Ltd (Dated : August 31, 2012)

Income Tax - Sections 43(1), 142(1), 148 - Whether the subsidy received from the Government is to be deducted from the actual cost of the asset capitalized.


CIT Vs M/s Hackbridge Hewittic & Easun Ltd (Dated : October 1, 2012)

Income Tax - Sections 143(1)(a), 154 - Whether expenditure of the prior year can be adjusted against the income of the subsequent year, in case the assessee is following the mercantile system of accounting.


Poddar Projects Ltd Vs CIT (Dated : May 17, 2012)

Income Tax - Sections 5(1)(a), 22(3), 23, 23(1)(b), 195(2) - Kolkata Municipal Corporation Act, 1980 - Section 2(20), 170, 171(4), 230, 231, 193 - Whether surcharge received by the landlord, along with municipal taxes from the tenants forms a part of income from 'house property' - Whether such taxes even if are to be paid to the municipal authorities, the same partakes the colours of taxable income - Whether when the surcharge collected by the landlord is not used for his own purpose and the same is paid to the municipal authorities, the same can be deducted from the total income.



CIT Vs Goyal M G Gases Pvt Ltd (Dated : October 19, 2012)

Income Tax - Section 271(1)(C) - Whether when the computers purchased by the assessee, are sub-leased back to the seller through another company, and never used by the assessee, the said transaction can be considered as sham and circular in nature - Whether when it is established that the transaction is a mere paper transaction for the purpose of claiming depreciation, imposition of penalty is definitely warranted - Whether merely filing of recovery suit by the assessee after the expiry of the lease period to regain the computers is a sufficient evidence to substantiate that there was a genuine transaction for sale of computers - Whether although mere submitting a claim which is incorrect in law does not amount to giving inaccurate particulars of the income, but a mala-fide claim not duly substantiated does attracts penalty u/s 271(1) of the Act - Whether the taxation authorities are required to look into the surrounding circumstances to ascertain the real nature of the document.


CIT Vs M/s Kreon Financial Services Ltd (Dated : October 3, 2012)

Income Tax - Whether the expenses relating to issue of share capital would be eligible for deduction as revenue expenditure, when incurred in the normal course of business.


Dutron Plastics Ltd Vs Dy.CIT (Dated : September 10, 2012)

Income Tax - Sections 80HHC - Central Sales Tax Act, 1956 - Section 2(h), 2 (j) -"Total Turnover" - " Trade discount" - Whether for the purpose of computing deduction u/s 80HHC , the portion of trade discount is to be included in the definition of the term "Total Turnover".


Chimanlal And Sons Vs Dy.CIT (Dated : October 8, 2012)

Income Tax - Sections 143(1), 143(3), 148 - Whether the subsidy received in the previous assessment years can be brought to tax in the subsequent assessment year - Whether when the assessee has changed the nature of accounting treatment for a particular source of income, it is a valid ground to reopen an assessment already finalised.


Fiat India Automobiles Ltd Vs Virendra Singh (Dated : October 16, 2012)

Income Tax – Notice Issued by ACIT after his jurisdiction was transferred quashed –Costs imposed on Income Tax Department – Can be collected from Officers – High Court


Prakash Jewellers Vs ACIT (Dated : September 3, 2012)

Income Tax - Sections 40A(3), 132, 143, 147, 148, 158BC - Whether once income has been assessed under the provisions of block assessment as per Chapter XIVB, and the income added was deleted on merits by the appellate authorities, whether AO can still proceed to reopen the assessment on the grounds that such income has escaped assessment - Whether when an alleged undisclosed income has been made a subject matter of block assessment, it can be again subject to regular assessment under chapter XIV of the Act - Whether when CIT(A) has ordered as per section 158BA(3) for exclusion of certain items from block assessment, the AO can use it as a license to reopen the assessment in respect of the very same items which were subject matter of the block assessment.



CIT Vs M/s Hindustan Lever Ltd (Dated : September 24, 2012)

Income Tax - Sections 10B, 80HH, 80HHC, 80I - " doctrine of proportionality " -Whether common head office expenses incurred for general running of units, can be apportioned to the various units on the basis of their respective turnover for calculation of deduction u/s 10B and Chapter VIA of the Act, even though the assessee has maintained separate accounts for each unit.


CIT Vs Dhiraj R Rungta (Dated : September 26, 2012)

Income Tax - Whether the Tribunal is justified in holding that the AO, once having rejected the books of accounts, could not have made further additions by relying upon the same books.


Jadeja Jitendrasinh Chandrasinh Vs Tax Recovery Officer, Range 3 & 2 (Dated : September 3, 2012)

Income Tax – Writ - Section 222 – Recovery of Tax - Whether the auction purchaser gets a right only on confirmation of sale and till then his right is nebulous and has only right to consideration for confirmation of sale.


CIT Vs Prem Prakash Nagpal (Dated: October 8, 2012)

Income Tax - Section 69 - Whether when the documents seized during the course of search are not conclusive, even then additions can be made.


Vishwanath Engineers Vs ACIT (Dated : October 8, 2012)

Income Tax - Sections 143, 147, 148, 271(1)(c) - Whether AO can finalize the re-assessment u/s 147 without disposing of the objections raised by the assessee -Whether once the assessment is finalized, the assessee is relegated to an appellate remedy - Whether mere finalization of the assessment can take away the right of the assessee to challenge its correctness by invoking writ jurisdiction of the High Court -Whether when the AO has allowed a business expenditure after due scrutiny in the original assessment, the AO can again reopen the assessment for disallowing the same - Whether re-opening such assessment does not amount to a change in opinion of the AO.


CIT Vs Jackson Engineers Ltd (Dated: October 18, 2012)

In Future, No Laxity in assistance rendered to Court – CBDT Member assures High Court


Yogeshbhai R Dhanak Vs ACIT (Dated : September 4, 2012)

Income Tax – Sections 147, 148, 158BA – Whether once an assessment has been framed u/s 158BA of the Act in relation to undisclosed income for the block period as a result of search, the AO cannot issue notice u/s 148 of the Act for reopening such assessment.


CIT Vs Vatika Construction Pvt Ltd (Dated : October 11, 2012)

Income Tax - Sections 40A(3), 44, 44AD, 271(1)(c) - Whether when the assessee itself offers to be taxed at 8%, AO may form an opinion that the assessee may have provided inaccurate particulars and may initiate penalty proceedings - Whether the provisions of section 40A(3) are absolute - Whether in case of business expediency, the disallowance can be made for cash payments.


DLF Commercial Projects Corporation Vs ACIT (Dated : October 15, 2012)

Income tax – Writ - Section 142(2A) – Whether when the AO dropped the opinion originally formed for special audit u/s 142(2A) and there is nothing on record to show that there was any fresh development compelling the AO to change his mind and come to the conclusion that ‘certain complexities have been noted in the accounts of the assessee', proposal approved for special audit is not valid – Whether it is incumbent on the AO to issue another show-cause notice to the assessee u/s 142 (2A), after he changed his mind and proposed special audit and invite the assessee's objections – Whether when as per records, there is no application of mind by the CCIT before granting approval to the proposal for special audit sent by the AO to him, the approval granted by the CCIT for special audit is of no effect and is a nullity.



CIT Vs J B Roy (Dated : October 11, 2012)

Income Tax – Sections 2(24)(iv), 57, 143(1), 254 – Whether the Tribunal cannot by itself embark upon an investigation and try to raise a new issue or make out a new case for the revenue which has not occurred to the Revenue authorities – Whether the Tribunal can brush aside the investigation invitation by the parties on the ground that it was not an investigating agency and has to limit itself to the issues raised before it – Whether the deductions in computing the income under the head “Other sources” on account of interest on loan can be disallowed on the ground that the lending and borrowing were sham because the assessee had no capacity to repay the huge borrowings out of his meagre sources income by way of salary.


CIT Vs Ansal Housing & Construction Ltd (Dated : September 24, 2012)

Income Tax – Sections 80IB, 143(3), 263 – Whether merely because there was a honest and bonafide difference of opinion between the assessee and the AO on the one hand and the CIT on the other with regard to the interpretation to be placed on a provision of law or there was a possibility of more than one reasonable view of the statutory provision, it cannot be said that the assessment was erroneous or prejudicial to the interest of the Revenue for the purpose of invoking section 263 of the Act –Whether, for the purpose of section 80IB, the determination of the question as to when the undertaking commenced development and construction, in the absence of any statutory prescription, has to be decided in a pragmatic and reasonable way.


CIT Vs Sunbeam Auto Ltd (Dated : October 8, 2012)

Income Tax - Section 10B, CBDT Circular no. 7 of 2003 - Whether the set off of losses incurred by 100% EOU, is eligible for exemption under Section 10B - Whether section 10B bebefit available to an assessee is an exemption or a deduction.


CIT Vs Smt Supriya Gill, Prop M/s Purcal Industries (Dated : October 4, 2012)

Income Tax - Sections 80IA, 80IB - 'obiter dicta' - Whether the income from converting limestone into limestone powder is a manufacturing activity, eligible for deduction u/s 80IA/80IB - Whether conversion into lime and lime dust or concrete by stone crushers can be considered to be a manufacturing process.


CIT Vs Sri T Ahobala Rao (Dated : October 4, 2012)

Income Tax - Sections 36(i)(iv), 132, 158BD, 260A - Whether it is mandatory to get the memorandum of Family Arrangement registered - Whether in order to claim bad debts u/s 36(1)(vii), onus is on assessee to prove the same - Whether the provision of bad debts can be allowed as deduction even if the assessee was not maintaining books of accounts and writing off such debts as required under the law.


Genpact India Vs ACIT (Dated : October 16, 2012)

Income Tax - Writ - Sections 10A, 143(3), 245, 250, 271(1)(c), CBDT Circular No 1914 of 1993 - Whether the power to make adjustment in the assessment fianlised by an assessment authority is discretionary in nature - Whether a notice issued u/s 245 for carrying out adjustment, without intimating the assessee is tenable in law -Whether a judgement in favour of the assessee can be passed in contradiction of a CBDT circular.


National Thermal Power Corpn Ltd Vs CIT (Dated : October 15, 2012)

Income Tax - Sections 57(ii), 256(2) - Whether depreciation cannot be denied on equipment acquired and kept ready for use but not actually used.


CIT Vs Shri Arun Kumar Kothari (Dated : September 7, 2012)

Income Tax - Section 260A - Whether even if there is no doubt on the authenticity of the gift transaction, it can still be added to the income of the recepient as undisclosed income - Whether the genuineness of gift is essentially a question of fact and therefore is not a matter to be heard by the High Court.


CIT Vs Krishak Bharati Cooperative Ltd (Dated : July 12, 2011)

Income Tax - Section 194C - Whether the term 'work' in context of a 'work contract' includes carriage of goods by railways - Whether when the ownership of goods is transferred only at the time of delievery, the transaction is of sale or a works contract - Whether When the stipulation for transportation of goods is secondary, such transaction can still be regarded as of 'works contract' - Whether the contract for purchase of goods attracts TDS u/s 194C.


M/s EL Forge Ltd Vs DCIT (Dated : October 1, 2012)

Income Tax - Section 143(1)(a) - Whether the expenditure incurred towards consultancy charges is of capital nature - Whether when the assessee has acquired an enduring benefit, then the payments should be compulsarily treated as capital in nature - Whether the Tribunal can remand the matter back to the lower authority, in order to decide the issue afresh even though the same was decided after proper reasoning.


Maganbhai Hansrajbhai Patel Vs ACIT (Dated : September 25, 26, 2012)

Income Tax - Section 179 – Liability of directors of private company – Whether in order to invoke the provisions of section 179 against a director of a private limited company, the Department must first establish that tax dues from the company cannot be recovered – Whether under section 179 of the Act, the Department could only recover tax due from the director of a private limited company and not interest or penalty – Whether on the facts and in the circumstances of the case, the Department is not justified in seeking recovery of the dues against the petitioner on the ground that there was no gross negligence on part of the petitioner to which non recovery can be attributed.



CIT Vs Sonal Constructions (Dated : October 4, 2012)

Income Tax – Sections 132, 158BC – Whether the seized documents should be in the form of proper books of accounts so that they can be relied upon for the purpose of making additions – Whether the statements made during the search are of no use in the assessment proceedings – Whether merely because the partners were not examined by the AO at the time of the assessment, it can be said that no reliance can be placed on them for the purpose of making additions – Whether if there were procedural lapses on the part of the AO while making the assessment, the Tribunal can invalidate the assessment or delete the additions.


CIT Vs Kedar Nath Gupta (Dated : August 31, 2012)

Income Tax - Sections 132, 158BD - Whether when the Tribunal's order fails to explain how it found the statements made during the search as untenable, the additions made for unexplained investment cannot deleted - Whether when no sale of property has taken place, any fault can be found with the Tribunal's order directing deletion of addition on account of capital gains.


CIT Vs Ambience Hotels & Resorts Ltd (Dated : October 5, 2012)

Income Tax - Sections 36 (1)(iii), 69C, 142A - pari materia - Whether the reference for valuation u/s 142A can be made in a case of assessment of income u/s 69C -Whether without pointing out any defects in the books, any addition can be done -Whether when the difference between the cost of construction as shown by the assessee and as calculated by the VO is less than 5%, addition in the cost is not allowed - Whether when the facts of a case are pari materia , the decision of the earlier judgemnt can be applied outrightly.


Aryaman Spinners Pvt Ltd Vs CIT (Dated : October 10, 2012)

Income Tax - Sections 143(3), 246A, 251, 263, 264, 271(1)(c) - de hors - Whether u/s 264 the limitations on the power of the CIT is absolute - Whether the inherent nature of the revision u/s 264 is discretionary in nature - Whether an assessee can produce a new ground which was not urged before lower authorities, before the commissioner in a revision petition - Whether the CIT has the power to correct the assessment finalised u/s 264(1) - Whether when an assessee has filed a revision petition against the quantum additions, can it file revision application against the order of penalty - Whether in case of no order passed by HC, the CIT is bound to follow the Tribunal's order.


CIT Vs M/s Balaji Distilleries Ltd (Dated : October 1, 2012)

Income Tax - Section 271(1)(c) - Whether penalty can be levied when the assessee has supplied wrong particulars, though without any intention to misguide - Whether when the findings for deletion of penalty are based on the appreciation of facts by the Tribunal, the same requires any interference - Whether when addition of income is based on lack of information available, penalty proceedings are warranted - Whether computation error based on the tax audit report is only an inadvertence and cannot raise an adverse presumption against the assessee for lacking in bona fides - Whether absence of due care on the part of the assessee necessarily means intention to conceal income - Whether notice issued u/s 271, without reference to the explanation of the assessee, can vitiate the penalty proceedings.


Pramod Mittal Vs CIT (Dated : October 11, 2012)

Income Tax - Sections 78(2), 170(1) - Whether when a particular section in the Act forms the basis for disallowance of a claim, the same needs to be discussed while passing the orders - Whether when the income tax authorities including the Tribunal passes an order under the misapprehension of facts, the same can considered as a reasoned order - Whether penalty proceedings can still be initiated against the assessee on the basis of such order.


Sanjay Ghai Vs ACIT (Dated : October 11, 2012)

Income Tax - Writ - Sections 154, 155, 170, 177, 179, 188A, 220, 221, 222, 234A, 234B, 271(1)(b)/(c) - "tax due" - Constitution of India - Article 226 - Whether when an Act in treating a subject matter has in some instances used expansive and in others, restrictive words, then such subject matter needs to be understood strictly in the given context - Whether the liability on directors to pay "tax due" u/s 179, can also cover penalty and interest within its ambit - Whether the liability of an assessee in default u/s 222 can be equated with that of the liability of a director of company u/s 179 of the Act - Whether the term "any sum payable" necessarily carries a wider connotation than “tax payable” - Whether a question of fact with respect to rebuttal of presumption of liability which needs to be decided before the Income Tax authorities, can be also raised in proceedings of writ petitions.



M L Sachdeva Vs ITO (Dated : September 13, 2012)

Income Tax - Sections 143(2), 260A, rule 46 (1)(b) - Whether when the valuer of the jewellery fails to establish the authenticity of valuation done, the claim of capital loss made by the assessee can still be sustained - Whether capital can be created even without paying taxes.


CIT Vs M/s Octave Apparels (Dated : September 11, 2012)

Income Tax - Sections 2(22)(e), 40A(2) - Whether when the share-holding of the assessee happens to be barely more than one per cent even then the provisions of deemed dividend u/s 2(22)(e) would apply.


CIT Vs The Kangra Central Cooperative Bank Ltd (Dated : October 4, 2012)

Income Tax - Sections 80J , 80P(2)(a)(i) - Whether the assessee bank can claim deduction u/s 80P(2)(a)(i) in respect of interest earned on deposits made even out of the non-SLR funds, when the income so earned cannot be said to be earned from the normal banking business/activities.


CIT Vs M/s M S International Ltd (Dated : September 28, 2012)

Income Tax- Sections 80HHC, 131, 132, 143(3), 271(1)(c), Rule 46A - Whether AO can ignore documentary evidences produced for establishing the genuineness of the exports, before disallowing deduction u/s 80HHC, merely on the basis of unverified affidavit of an importer which mentions that no goods have been imported from the assessee - Whether when such importer later on admits in another affidavit duly verified before proper authorities that the earlier statement was false and made under pressure and transactions with the assessee are genuine, whether in such a case AO has an option to disregard such affidavit - Whether findings of the Tribunal on a question of fact, cannot be questioned by the High Court, unless such findings are perverse and not supported by due evidence.


CIT Vs Rio Tinto India Pvt Ltd (Dated : October 5, 2012)

Income Tax - Section 37(1), - "commencement of business" - Whether date of commencement of the business is a fundamental question, and if once finally settled in an assessment year cannot be again reopened having regard to their nature -Whether an assessee can be required to establish for each successive assessment year that it has “commenced business” before claiming expenses as business expenditure - Whether when substantial services have been rendered and salaries disbursed, the business can still be considered as not having commenced, merely because service charges are nominal in amount and salaries paid on reimbursement basis to seconded employees.


Pal Enterprises Vs CIT (Dated : May 9, 2012)

Income Tax - Sections 28, 80HHC - Whether duty entitlement pass book credit is not cash assistance within the meaning of clause (iiib) to Section 28 and the entire amount including the premium received on transfer of DEPB is "profit" under clause (iiid) of Section 28 and accordingly exemption under Explanation (baa) to Section 80HHC should be calculated.


CIT Vs M/s Alstom T & D India Ltd (Dated: September 3, 2012)

Income Tax - Sections 32, 37(4), 142, 143(2), 143(3), 147, 148 - 'reasons for reassessment' - Whether the reassessment can be framed u/s 147, even if the notice u/s 143(2) is not issued.


Dr (Mrs) Renu Arunkumar Gupta Vs DCIT (Dated: September 18, 2012)

Income Tax – Section 68 – Whether the difference between the purchase price and the book value of a property can be considered as ‘Undisclosed income' – Whether when certain documents were not considered by the lower authorities, the High court can consider it on appeal.


CIT Vs Pathankot Primary Co-Operative Agriculture Development Bank Ltd (Dated: September 18, 2012)

Income Tax - Sections 36(viia), 80P, 143(1), 143(3), 260A, 271(1)(c) - Whether when the assessee has not discharged its onus that the inadmissible expenditure was a bonafide mistake then the making of claims is sustainable in law and will amount to furnishing inaccurate particulars - Whether the provision for Non Performing Assets can be considered as an integral part of banking business.


CIT Vs M/s Eastman International (Dated: September 17, 2012)

Income Tax - Sections 143(3), 271(1)(c) - Whether the claim of the assessee when rejected in a particular year, establishes that the assessee has concealed its income or furnished inaccurate particulars of income - Whether when the assessee had not followed the method of accounting consistently, it tantamounts to furnishing of inaccurate particulars of income, and attracts the levy of penalty.


CIT Vs M/s Safari Bikes Ltd (Dated: September 14, 2012)

Income Tax - Sections 143(2), 143(3), 144, 260A, rule 46A - Whether in case there is a confusion relating to the jurisdiction of the AO, the assessee can adduce additional evidence before the adjudicating authority - Whether the income can be recomputed at the time of verification of additional evidence.


CIT Vs M/s Raza Hussain Contractor (Dated: October 3, 2012)

Income Tax - Section 254 (2) – Whether the Tribunal is justified in recalling its order u/s 254 (2) to rectify the mistake, and permitting itself to rehear the matter.


CIT Vs The Collector, Land Acquisition, Department Of Industrial & Commerce (Dated: September 17, 2012)

Income Tax - Sections 200(3) (1), 272A(2)(g), 273B, Rules 31 - Whether when the assessee fails to issue or delays in issuing TDS certificates on genuine technical grounds, the assessee is liable to pay penalty - Whether when there is only a technical and venial breach of provisions of the Act, penalty can still be imposed, even when there is no loss caused to the Revenue.


CIT Vs EDS Electronic Data Systems (India) Pvt Ltd (Dated: October 4, 2012)

Income Tax - Sections 10A, 30, 32(1) , 36(1)(vii), 37(1), 80HHE, 143(3), 234D -Whether there arises any substantial question of law from a remand order, for determining the quantum of construction undertaken by the assessee, for ascertaining the eligibility of claim u/s 37 - Whether AO can adopt restrictive interpretation of Section 10A, so as to hold that the assessee can claim the benefit under the said section, only from the inception of the unit u/s 80HHE - Whether AO can deny exemption u/s 10A based on the presumption that the unit has been formed after splitting up an existing unit, even when the unit was granted an approval following stringent requirements of Section 10A - Whether a unit is exporting software services can be denied exemption u/s 10A, merely because it uses the nomenclature 'program management services' instead of "computer software" - Whether AO can resort to restrictive interpretation of the term "computer software" given in section 10A, even when the same has been given an expansive interpretation in the CBDT Circular -Whether when the CIT(A) has passed an order after verifying the correctness of AO's findings, can the same be still interfered with by the High Court within its jurisdiction u/s 260A.


M/s S E Investments Ltd Vs ACIT (Dated: October 3, 2012)

Interest Tax Act - Sections 2(7), 10 - Whether when the vehicle financed by the assessee is in the name of the borrower, the transaction is to be construed as hire-purchase, and the interest is to be taxed.


CIT Vs Shri Harjit Singh Sangha (Dated: September 17, 2012)

Income Tax - Section 28(i) - Whether when the assessee is engaged in the business of sale and purchase of agricultural land, the profits earned from such business is to be treated as business profits or long term capital gains.


J B Roy Vs DCIT (Dated: September 7, 2012)

Income Tax - Section 260A - "condonation of delay" - Whether when a CoD appeal u/s 260A filed beyond the statutory period has been already dismissed by the High Court, based on the then existing law, whether a review petition can now be allowed by virtue of retrospective amendment in the said section - Whether such discretion vested with the High Courts to condone delay by virtue of the retrospective amendment can be applied only to pending and future cases - Whether the object of prospective declaration of law, is to deem that all actions taken contrary to the declaration of law prior to its date of declaration are validated - Whether an application heard and decided on the basis of existing law can be reopened, merely because the law has been amended retrospectively - Whether the remedy of appeal is a statutory right and has to be presented in accordance with the procedure, the manner and within the time prescribed by the statute - Whether the principles of natural justice are not remotely attracted so far as the question of limitation is concerned.


CIT Vs Smt B Sumangaladevi (Dated: October 3, 2012)

The questions before the High Court:

(i) Whether the Board's Instruction No.3/2011 dated 09.02.2011 is applicable to the pending cases?”

(ii) Whether the ITAT is correct in law in upholding the CIT(A)'s direction to give credit of Rs. 10,00,000/- to Smt.Sumangala Devi, the respondent/assessee, seized from late B.B.Swamy, which was also adjusted against the tax liability of B B Swamy?


CIT Vs Dinesh Jain (Dated: September 28, 2012)

Income Tax - Sections 69B, 132 - Wealth Tax Act, 1957 - Section 7, Rule 3 - Whether when there is no incriminating material seized during the search which reveals any understatement of the purchase price, provisions of section 69B do not get attracted -Whether application of section 69B remains dormant, unless AO is able to discharge the initial burden of assessee having “expended” an amount which is not fully recorded in his books of account - Whether only in the absence of any satisfactory explanation from the assessee as to the source of the undisclosed portion of the investment, AO can proceed to adopt some reliable yardstick to measure the extent of understatement of the investment - Whether the basis adopted by the AO depends on the facts and circumstances of each particular case - Whether provisions of the Wealth Tax Act can be invoked to the application of section 69B of the Income Tax Act, even when they have been considered as an integrated scheme of taxation - Whether AO can make an addition u/s 69B, merely because any asset has been sold at a lower price - Whether section 69B permit any subjective inference to be drawn from surrounding circumstances that the purchaser of the property



Smt Rajrani Gupta Vs DCIT (Dated: September 18, 2012)

Income Tax – Sections 132, 143(3), 158BA, 158BB(3) – Whether when the assessee actually receives no gifts from NRIs but misdeclares large sums as gifts on capital account, detection of such receipts during a Search is to be treated as undisclosed income - Whether the evidence found during the search can alone be a basis for block assessment – Whether where the gifts received by the assessee are found to be not genuine, then the amounts represented by those gifts become undisclosed income and hence covered under block assessment – Whether the burden of proof is on the assessee in terms of Section 158BB(3) of the Act to satisfy the AO that the so called undisclosed income has already been disclosed in the return of income filed by the assessee – Whether mere mentioning of an amount as capital receipt in the Capital Account would not amount to a disclosure of income.



CIT Vs Superintendent Of Police (Dated: August 7, 2012)

Income Tax - Sections 139A(5B), 260A, 272B, Rule 46A, 114 B to D - Whether for non/wrong quoting of PAN in TDS Returns, penalty u/s 272B can be raised on each

default - Whether penalty for wrong mentioning of PAN in TDS returns can be levied even if the deductor has correctly deducted TDS and filed the revised PAN statement .


M/s Mather & Platt (I) Ltd Vs CIT (Dated: September 18, 2012)

Income Tax – Section 32 – Whether when the lessee and the lessor design the lease deed in such a manner that it amounts to sale of property, Revenue is right in disallowing advance rental as revenue expenditure and also disallowing depreciation merely because sale deed was not registered.



DIT Vs Hans Raj Samarak Society (Dated: September 18, 2012)

Income Tax - Sections 11(1), 11(3), 13(7), 68, 115BBC - Whether when the assessee trust shows certain donations as income in the books, which were impounded during a Survey, the same can be treated as undisclosed income u/s 68.


CIT Vs Priyanka Ship Breaking Company Pvt Ltd (Dated: September 17, 2012)

Income Tax - Sections 132, 158BC, 158BD – Whether when there is no direct evidence to link the assessee with the allegation of accommodation entry, any addition made in such a case would be unsustainable.


SC & Associates, Chartered Accountants Vs UoI (Dated: September 25, 2012)

Income Tax - Writ - Sections 142(2A), 142(2D) - Whether the Revenue can delay the fees payable to a Chartered Accountant u/s 142(2A), after fully availing its services -Whether for the inordinate delay in fixation of the fee the Revenue is bound to pay any interest alongwith the fee amount - Whether in order to claim that it is underpaid, the assessee has to proceed through a separate appeal.


CIT Vs M/s Ansal Properties & Industries Ltd (Dated: September 25, 2012)

Income Tax - Sections 32 (i)(ii), 37(4) & (5), Circular No 621 of 1991 - Whether expenses incurred in providing accommodation to employees on a transitory basis for a tour, can be allowed as a business expenditure, even when the same was provided for the entire duration of the project - Whether claim for depreciation on foreign cars used at foreign sites for business can be an admissible business expenditure for the AYs 1987-88 and 1988-89, even though the same was allowed vide amendment in section 32 of the Act w.e.f April 1, 1988 - Whether expenses claimed by the assessee

under the head of "provisions for completed expenses" on completed project is a contingent liability and cannot be allowed, even when the assessee has been consistently following this system of accounting.


M/s M Abdul Rehuman Kunju Cashew Exporters Vs ACIT (Dated: August 3, 2012)

Income Tax - Sections 28, 66, 80HHC, 147, 148, 154 - Whether ITAT has the authority to consider the constitutionality of any provisions of the Income Tax Act -Whether the High Court in an appeal filed u/s 260A on a substantial question of law arising out of the order of the Tribunal , can also consider the constitutionality of any provision of the Act - Whether either following or dissenting from an earlier judgment delivered by other High Courts on the constitutionality of a retrospective amendment will be beyond the jurisdiction of a High Court u/s 260A.


CIT Vs Vachanband Investment Ltd (Dated: September 26, 2012)

Income Tax - Section 73 - "Speculation loss" - Whether speculation loss arising from sale of shares can be allowed, even when the transaction is structured in a manner only to set off the profits earned from the sale of other shares - Whether when the shares are held for a very short period and deliberately sold at the lowest market price to a sister concern not backed by actual delivery, the transaction can beconsidered as sham - Whether the mere fact that the assessment of the other party's to whom the shares were sold at a low price has been accepted, leads to an automatic inference that the transaction undertaken by the assessee is also genuine.



Larsen & Toubro Ltd Vs CIT (Dated: September 5, 2012)

Income Tax – Section 28 – Whether the sum received by the assessee under Memorandum of Settlement for termination of distributorship can be said to impair the profit–making structure of the assessee and hence not taxable as revenue receipt.


CIT Vs M/s Sagun Gems Pvt Ltd (Dated: August 22, 2012)

Income Tax - Section 10A(2)(ii) - Whether when on the basis of facts it is depicted that the new company is merely a reconstructed version of the old business, the deduction u/s 10A available to the old business will be passed on to the new business.


CIT Vs M/s International Auto Ltd (Dated: September 7, 2012)

Income Tax - Sections 142(1), 143(3), 115 JB, 271(1)(c) - Whether two assessment orders can coexist, one u/s 143(3) and another u/s 115JB.


M/s Barcleys International Vs CIT (Dated: July 26, 2012)

Income Tax - Sections 28, 80HHC, 260A - Whether when an assessee is followingcash system of accounting, the deduction u/s 80HHC is available even if the incentives are received in a subsequent assessment year.


CIT Vs M/s DLF Ltd (Dated: September 17, 2012)

Income Tax - Sections 10(33), 14A, 143(2), 142(1), 263 - 'erroneous order' -Whether for the purpose of invoking revisionary powers u/s 263, 'unsustainability' is an essential element - Whether every loss of revenue resulting from an assessment order can be regarded as 'Prejudicial to Revenue'.


CIT Vs M/s Tata Robins Fraser Ltd (Dated: September 12, 2012)

Income Tax - Section 40A(9) - Lease v Hire purchase - Whether the expenses on lease-rent can be claimed as revenue expenditure when lease agreement has all the features of a hire-purchase agreement - Whether when there is a binding obligation on the hirer to utimately purchase the leased asset, it is a case of hire purchase -Whether there is any difference between the 'lease' and 'hire purchase' transactions -Whether when the assessee incurs certain expenditure on abandoned project, even if such expenses are pre-operational in nature, it is to be allowed as revenue expenditure.



M/s Santuka Agencies Vs ITO (Dated: August 31, 2012)

Income tax - Writ - Sections 143(1), 148, 237, 243 - Whether there is any explicit provision in the Income Tax Act, which empowers the AO to make inquiries before granting refund - Whether AO is as per law required to be satisfied before a refund claim is approved.


CIT Vs Sahara India Mutual Benefit Co Ltd (Dated: September 20, 2012)

Income Tax - Sections 269SS, 269T, 271D, 271E & 273B - Whether the assessee is liable to penalty u/s 271D & 271E when the reasonable cause has been accepted by the Tribunal and there is no material or evidence to show that the finding is perverse.


M/s Sanchit Software And Solutions Pvt Ltd Vs CIT (Dated: September 7, 2012)

Income Tax - Sections 10(34), 10(38), 143(1), 264 - Whether when the assessee fails to include certain income in its return of income, and such error is on the face of the proceedings, the CIT can be faulted for not exervising jurisdiction u/s 264 in such a case.


DSJ Communication Ltd Vs Dy. CIT (Dated: September 13, 2012)

Income Tax - Sections 143, 147, 148, 151 - Whether when a notice for re-opening of assessment requires sanction of the Additional CIT or Deputy CIT, the same can be instead issued by the CIT - Whether when such notice merely contains the endorsement of the Additional CIT, the same can be considered to be validly issued by him - Whether when a statute requires something to be done in a particular manner, it has to be done in that manner - Whether satisfaction which the statute mandates of a distinct authority can be substituted by the satisfaction of another - Whether grant of an approval is an objective fact, which can be established only by producing a copy of the approval.


Bajaj Bhavan Owners Premises Co-Op Society Ltd Vs ITAT (Dated: September 10, 2012)

Income Tax - Writ Petition – Whether the Tribunal is justified in rejecting the petitioner's appeal on the ground that there was a delay of 45 days when the petitioner was not entirely responsible for a delay in filing the appeal and that the petitioner had in fact pursued all its cases duly and diligently and in respect of three out of four appeals, it had even succeeded before the Tribunal as well as the HC.


CIT Vs M/s Ruchira Papers Ltd (Dated: September 19, 2012)

Income Tax - Sections 139, 142(1), 147, 154, 234A, 234B, 234C, 243(3), 254 -Whether when the original and reassessment orders passed by the AO are completely silent on the levy of interest, the same can be claimed later by merely issuing a demand notice - Whether when there is no return filed within time or if advance tax is not paid within time, only then interest payable u/s 234A or 234B is mandatory -Whether when the AO passes a wrong order not to levy the interest, then the same can be claimed only after the said order is set-aside and a fresh order is duly passed directing payment of interest.



CIT Vs Income-Tax Settlement Commission (Dated: September 15, 2012)

Income Tax - Sections 143, 147, 148, 153, 245A, 245B, 245C, 245D - Whether an

assessee's "case" can be considered as pending for the purpose of filing an application before the Settlement Commission, merely because the final assessment order is not yet passed, although such assessment has already become time barred - Whether an assessment can be said to be pending before an AO in respect of those assessment years only for which the AO can still take action/initiate the proceedings - Whether an assessment can be perennially in pendency unaffected by efflux of time, as long as the final assessment order is not passed - Whether an interpretation can be allowed which has an effect of stretching the language used in any definition beyond the intention of the legislature.


CIT Vs Pawan Sharma (Dated: July 13, 2012)

Income Tax - Sections 44AE, 131, 143(3), 260A - ex facie perverse - Whether additions in the income of the assessee can be sustained merely on the basis of doubtful witnesses.


CIT Vs Sri Ved Prakash Rakhra (Dated: August 28, 2012)

Income Tax - Sections 2(42), 2(47), 45, 54, - Transfer of Property Act - Section 53A -Joint Development Agreement - Whether for the purpose of computation of LTCG, the Property indexation should be as on 1-4-1981 even if the said property was acquired subsequently - Whether for the purpose of calculation of CG u/s 45, estimated cost of constuction should be considered - Whether exemption u/s 54 can be availed in respect of capital gains arising out of transfer of vacant land.


M/s Carborandum Universal Ltd Vs JCIT (Dated: September 10, 2012)

Income Tax - Sections 32, 35AB, 80HHC - 'Non-competence Fee' - 'Technical know-how' - Whether the scrap sales is a part of turnover for computing deduction u/s 80HHC - Whether for computing deduction u/s 80HHC, gross interest without deducting expenses incurred in earning the interest income, has to be excluded from the business profits - Whether the depreciation can be disallowed in case the assessee has not claimed deduction for the same u/s 35AB - Whether the non-compete fee paid is a capital expenditure even if such expenditure has not resulted in an enduring benefit to the business.


K Sakthivel, Erode Vs ACIT (Dated: June 14, 2012)

Income Tax – Sections 131, 132, 142(1), 143(2), 158BC, 158BD – Whether the notice issued under Sec.158BD of the Income Tax Act is sustainable in law if it does not mention the block period - Whether the provision of Order 18 Rules 5 and 9 Code of Civil Procedure and Section 164 Cr. P.C. can be followed while recording a confessional statement u/s 131 of the Income Tax Act - Whether an order of assessment could be passed merely upon a statement u/s 131 without any corroborative material - Whether a notice issued u/s 158BD of the Income Tax Act is valid if the AO never recorded his satisfaction in the said notice that the alleged undisclosed income belonged to the Assessee - Whether the AO could have issued a

notice u/s 158BD of the Act without conducting a search on the assessee u/s 132 of the Act.



M/s Sundaram Finance Ltd Vs DCIT (Dated: June 20, 2012)

Income tax – Sections 80M, 94(4) – Whether when the provision of section 94 comes into effect with effect from 1.4.2002, the AO is not justified in rejecting the transaction as not genuine and erred in applying section 94(4) – Whether when the assessee is entitled to benefit u/s 80M, the transaction of sale on the next date would not make the transaction of purchase and resale a colourable one.


CIT Vs Samsung India Electronics Ltd (Dated: September 3, 2012)

Income Tax - Sections 37, 43A, 260A - Whether the amount of entertainment expenditure attribuatable to employees can be disallowed u/s 37 - Whether when cost of a machinery acquired from outside India is enhanced on account of foreign exchange rate fluctuation, depreciation can be charged on such enhanced costs, irrespective of date of payment of such purchase price - Whether payments made to State Electricity Board for laying of electricity transmission lines, which did not become the property of the assessee, can still have enduring benefits and not allowable as revenue expenditure - Whether when the method of valuation of the stock has been uniformly accepted for the past Ays, the same can be upset for a particular year, even though such method did not conceal any income - Whether losses arising out of the reduced valuation of slow moving raw material on the basis of estimated realisable value is allowable - Whether expenditure incurred by a subsidiary on brand building and dealer royalty can be only partially allowed, merely because a part of the expenditure inured for the benefit of the parent company.


CIT Vs M/s Shri Sidhdata Ispat (P) Ltd (Dated: September 20, 2012)

Income Tax - Section 271D - Whether penalty u/s 271D can be imposed if there were two possible views – one directly in favour of the assessee.


M/s Tanna Export Ltd Vs CIT (Dated: September 18, 2012)

Income Tax - Section 80HHC - Whether while computing the profits for the purpose of deduction u/s. 80HHC, interest income is required to be excluded.


Zandu Pharmaceuticals Works Ltd Vs CIT (Dated: September 12, 2012)

Income Tax - Sections 80HH, 80I & 80-IA - Whether the R & D expenses incurred by the Head Office can be allocated among the four manufacturing units when such research has no connection with the business of the said units, nor any benefit is received by them from the said research.


Standipack Pvt Ltd Vs CIT (Dated: August 30, 2012)

Income Tax - Section 37(1), 73 - Whether the overseas educational expenses and foreign travel expenses undertaken by the assessee company in respect of its trainee can be said to be a colourable devise, in view of the facts that the appellant company without assessing the competence of the trainee and within a couple of days from his joining sponsored him for pursuing study in software development, an area which was unconnected with the business activity of the company at the time when such decision was taken and hence such expenditure is to be disallowed - Whether merely indulging in purchase and sale of shares for investment can be said to be a business activity in sale and purchase of share of other companies for the purpose of section 73 of the Act and hence loss incurred on such transaction has to be disallowed.


CIT Vs Sahara India Financial Corporation Ltd (Dated: September 20, 2012)

Income Tax - Sections 68, 269SS, 271D, 273B - Whether existence of reasonable cause, which is a finding of fact, can give rise to any substantial question of law -Whethere when two appellate authorities have arrived at concurrent findings of facts as to the existence of reasonable cause in a penalty matter, the same can be interfered with, unless there are materials to show that the findings are perverse -Whether penalty can still be imposed, even if the violation of section 269SS is minor, and the reasonable cause existed u/s 273B.


CIT Vs Ashok Kumar Jain (Dated: September 5, 2012)

Income Tax - Sections 69B, 251, 271(1)(c) - Whether the upward revision of income, following detection of concealed income during the re-opening of the assessment absolves the assessee of penalty under Section 271(1)(C) - Whether when no argument was raised on the objectivity of an allowance initially, it can still be raised alongwith penalty for concealment of income.


M/s Kandhari & Kandhari (P) Ltd Vs ITAT (Dated: July 10, 2012)

Income Tax - Section 263 - Whether when an assessment order is passed without making appropriate inquiry, the same is erroneous and prejudicial to the interest of the revenue - Whether when the assessee pays excise duty on the goods manufactured on job work basis, the reimbursement of such duty from its sister concern is taxable as business income - Whether the refer back of a case warrants double addition of income or the assessment order shall be passed de novo


CIT Vs M/s Areva T & D India Ltd (Dated: September 3, 2012)

Income Tax - Sections 32, 37(4), 143(2), 143(3), 147 - Whether the expenditure on renting a guest house is allowable as a business expenditure as per Section 37(4) -Whether when a property is exchanged for another property for which the assessee had forgone the tenancy rights and acquired it for a valuable consideration, depreciation is allowable on the same.


M/s Super Cloth Vs ACIT (Dated: June 6, 2012)

Income Tax - Sections 158BC, 158BE, 158 BFA, 245C, 245D, 245F, 245HA, 245I -Whether when an amendment merely deals with the matters of procedure and does not affect the rights of parties, the said amendment would prima facie apply to all pending as well as future actions - Whether in view of this, the time excluded in calculating limitation period for completing block assessment in matters pending before the Settlement Commission as provided under the earlier section 245HA and substituted in section 158BE vide Finance Act, 2002 continues to be applicable retrospectively - Whether other provisions of the Income Tax Act continues to be applicable, even though Chapter XIVB is a code by itself laying down the procedure for block assessment.


CIT Vs M/s Bansal Iron Scrap Co (Dated: August 1, 2012)

Income Tax - Sections 133A, 260A, 271(1)(c), 273(2)(a) - 'matter of form' - 'matter of substance' - Whether the mere recording of a direction for initiation of penalty proceedings u/s 271(1)(c) would be deemed as satisfaction of the Assessing Authority - Whether the satisfaction existed and was not recorded during assessment is not a 'matter of form' or a 'matter of substance'.


CIT Vs M/s Ranbir Chemicals Industries Ltd (Dated: August 6, 2012)

Income Tax - Sections 32, 143(1)(a), 143(3) - Whether when the Revenue did not doubt the commercial expendiency of purchase and letting out of machinery in previous years and also allowed full depreciation, it is not valid for Revenue to disallow depreciation doubting commercial expediency in later years.


CIT Vs Jai Pal Aggarwal (Dated: September 17, 2012)

Income Tax - Section 158BC - Whether the Tribunal is justified in deleting the addition of Rs 2,00,000/- on account of purchase of benami property when the documents relating to the property were found at the assessee's residence; the name of the buyer was not mentioned in the documents and no one came forward to claim the documents - Whether the Tribunal is justified in deleting the addition of Rs.27,50,000/- on account of FDRs as a “dumb document” after taking note of the evidence; and not ignored any relevant piece of evidence.


CIT Vs PC Chemicals (Dated: September 13, 2012)

Income Tax - Sections 23(2), 69A, 132, 148 - Whether it is incumbent upon the adjudicating authority to disclose the material gathered from serach & seizure to the assessee.


CIT Vs Bharat Heavy Electrical Ltd (Dated: September 11, 2012)

Income Tax - Sections - 10(15) (iv) (h), 37(1), 80G, 80HHB - Whether deduction claimed towards provision for wage revision can be treated as contingent liability, when the wage and the probable revision or rates of revision is within the fairestimation of the employer - Whether the liability towards such wage revision can be considered as ascertained, when the employer has past experience of such wage revision - Whether interest received on public sector bonds, even prior to its date of allotment is exempt u/s 10, provided there is no unreasonable time gap - Whether the expression in section 10 " in respect of " has a wider connotation and covers larger subjects as compared to "interest on" with respect to tax free interest bonds -Whether when deduction claimed u/s 80G towards donation made for philanthropic activity is not rejected due to lack of documentary evidence, the same can be now claimed as business expenditure u/s 37(1) - Whether it is appropriate to allow every expenditure incurred towards philanthropic activity whose benefits potentially would accrue to the company, as an allowable business expenditure - Whether when Parliament having chosen one method of dealing with donations i.e. as in the case of section 80G, the adoption of another route as business expenditure would be permissible - Whether losses of one project claiming deduction u/s 80 HHB can be set off against the profits of other projects under the same provision - Whether when the different projects are under the control of the same assessee, the benefit of insulating losses if any, from such individual activity qualifying u/s 80HHB is lost.


CIT Vs M/s Amal Generators Ltd (Dated: June 19, 2012)

Income Tax – Sections 45, 55(2), 263 –Whether the surrender of tenancy rights can be taxed as capital gains - Whether as per Section 55(2) of the Income Tax Act, the cost of acquisition of tenancy rights has to be taken as nil - Whether the compensation on surrender of tenancy rights prior to 01-04-1995, no capital gains tax is leviable - Whether the Tribunal cannot justify an order passed u/s 263 on grounds other than those mentioned by the Commissioner in the revised order itself.



CIT Vs M/s C J International (Dated: August 6, 2012)

Income Tax - Section 80HHD - 'Money changer licensee' - Whether the income derived from the money exchange business cannot be treated as the income, which qualifies for deduction u/s 80HHD.


CIT Vs Arts Beauty Exports (Dated: September 17, 2012)

Income Tax - Section 10B, Rule 46A - Customs Act, 1962 - Section 25 - "Export Oriented Unit" - Whether reconstitution of partnership firm can be equated with splitting up or reconstruction to disqualify deduction entitled u/s 10B of the Act, even if the same business prior to such reconstitution is continued - Whether custom bonding requirement is to be a met by an export oriented unit, even if it does not import any products - Whether additional evidence submitted before the CIT(A) being only clarificatory in nature, can be rejected on the sole ground that AO was not given sufficient opportunity to examine such evidence under Rule 46A, while preparing its remand report - Whether even after admitting such additional evidence, the AO still needs to be given an opportunity to re-examine such evidence, when there was no inordinate delay by the AO in submitting the remand report.


Akay Organics Ltd Vs ITO (Dated: September 5, 2012)

Income Tax - Sections - 260A - Whether when the interest apportionment calculation is on unreasonable grounds, the same can be raised before the High court as a considerable question of law.


CIT Vs M/s B T System And Service Ltd (Dated: June 14, 2012)

Income Tax – Sections 80-O, 80HHE – Whether when specific deduction provisions are there in the statute, the question of claiming relief as falling under either one or the other provision did not arise - Whether after the introduction of the specific Section 80HHE with effect from 1.4.1991, dealing with development of software providing technical services outside India in connection with the development of production of computer software, the assessee could no longer have the benefit of a general provision like Section 80-O.


CIT Vs M/s Bake Food Products Pvt Ltd (Dated: August 21, 2012)

Income Tax - Sections 139(2), 143(2), 260A, CBDT Circular no. 281 of 1980 -Whether the Income Tax Act can apply as per the old provisions, even after the amendment - What are the situations, where Best Judgment Assessment can be applied - Whether it is proper to interpret the statute in such a way so that the other provisions would become otiose - Whether circulars issued by CBDT are binding on all - Whether an assessment authority can do ex-parte assessment without serving notice u/s 139 (2).


CIT Vs M/s Citizen Glass Industries Mainpur Gate (Dated: September 4, 2012)

Income Tax - Sections 132(1), 132A, 143(3), 158BC, 158BD, 260A, 292B - Whether in case the reasons for initiating search are recorded but not traceable due to transfer of record, the search operation can still be carried out.

2012-TIOL-764-HC-DEL-IT-LB

CIT Vs Usha International Ltd (Dated: September 21, 2012)

Income Tax – Sections 143(1), (2) & (3), 147(b), 148, 263 – Indian Evidence Act -Sec 114(e) - Reassessment – Change of Opinion - Deemed formation of opinion -Whether when assessee has made full and true disclosure at the time of original assessment, re-assessment can still be validly initiated within four years - Whether when the AO fails to examine a claim or deduction in the original assessment, it will nevertheless constitute a case of change of opinion and reassessment proceedings would be invalid - Whether question of change of opinion arises only when an Assessing Officer forms an opinion and decides not to make an addition or holds that the assessee is correct and accepts his position or stand - Whether reassessment proceedings can be validly initiated in case return of income is processed u/s 143(1) and no scrutiny assessment is undertaken – Whether in such cases there is no change of opinion – Whether there cannot be deemed formation of opinion even when the particular subject matter, entry or claim/deduction is not examined - Whether the bar or prohibition under the principle 'change of opinion' will apply even when the Assessing Officer has not asked any question or query with respect to an entry/note, but there is evidence and material to show that the Assessing Officer had raised queries and questions on other aspects - Whether and in what circumstances Section 114 (e) of the Evidence Act can be applied and it can be held that it is a case of change of opinion.



Taj Sats Air Catering Ltd Vs CIT (Dated: September 5, 2012)

Income Tax - Sec 32(1)(ii) - Whether goodwill is an intangible asset - Whether depreciation on goodwill is an allowable claim.


CIT Vs M/s Triumph International Finance (I) Ltd (Dated: August 17, 2012)

Income Tax - Sections - 142(2A), 269SS, 271D, 273B - Whether receiving loan or deposits through book entries is a contravention of the provisions of section 269SS -Whether the transfer entries made in the books of accounts in order to extinguish the mutual liability of paying / receiving the amounts, would also resort to violation of the provisions of section 269SS.


CIT Vs Telecom Finance (India) Ltd (Dated: September 12, 2012)

Income Tax – Sections 37(1), 260A – Whether deduction claimed by the assessee towards renovation of the property is allowable as revenue expenditure – Whether depreciation at 100% is allowable on the sum capitalized by the assessee as part of renovation - Whether u/s 260A of the Income Tax Act only substantial questions of

law are to be decided by the High Court – Whether u/s 260A, the High Court would be competent to interfere on the question of facts if the findings of fact, by the Tribunal are perverse and contrary to materials on record and based on surmises and conjectures.


CIT Vs Regency Creations Ltd (Dated: September 17, 2012)

Income Tax - Sections 10A, 10B - Industries (Development and Regulation) Act, 1951 - Section 14 - Software Technology Park of India - Electronic Hardware Technology Park - Whether the approval from the appropriate authority for deduction u/s 10A would automatically be deemed for deduction u/s 10B also - Whether the benefits of section 10A can be provided to a Unit set up under STP, even before the production of the prescribed goods commences - Whether without delegation of power by statute, a statutory authority can intervene in another authority's jurisdiction.


Mr P Hariharan Vs CIT (Dated: August 16, 2012)

Income Tax - Sections 54B, 143(1), 143(2), 143(3), 220(6) - Whether when the appeal is pending, the property of the assessee can still be seized for recovery of tax demand.


CIT Vs Shri Renuga Textiles Mills Ltd (Dated: June 18, 2012)

Income Tax - Section 10B - Whether the amalgamated company is eligible for the benefit of exemption u/s 10B which was granted to the amalgamating company in respect of an export oriented unit set up by it - Whether upgradation of computers by changing certain parts, thereby enhancing the configuration of the computers for improving their efficienty, is revenue expenditure.


Manan Corporation Vs ACIT (Dated: September 3, 2012)

Income Tax – Section 80IB(10) – Whether the amendment in the provision of Section 80IB(10)(d) in respect of ceiling on commercial area having been made effective from 1.4.2005 is to be held retrospective, i.e. whether such restriction would apply even to the projects approved before that date.


Kapil Dev Vs CIT (Dated: September 14, 2012)

Income tax - Writ - Sections 159, 160, 163, 226(3), 271(1)(c) - Representative assessee - Whether when the assessee has tax paid monies as FDRs in banks, the same can be placed under garnishee by treating the assessee as representative assessee of his brother against whom a demand has been pending - Whether before

treating the assessee as representative assessee of his brother, Revenue is required to share the relied upon documents before any recovery proceedings are initiated.


Sahara Hospitality Ltd Vs CIT (Dated: September 12, 2012)

Income Tax - Sections 127(1), (2) & (3), 142 - Whether an opportunity of hearing becomes mandatory u/s 127(1), when a case is being transferred from one jurisdiction to another jurisdiction located in another city - Whether the word "may" appearing in section 127 of the Act is to be interpreted as "shall" while giving a reasonable opportunity of hearing - Whether in such a case the general rule is to provide a reasonable opportunity of hearing, unless there are specific reasons of not providing the same - Whether when the case is transferred to another jurisdiction in the same city, an opportunity of hearing still needs to be given, wherever possible -Whether the principal of natural justice i.e. giving reasonable opportunity of hearing can be discretionary - Whether the denial of opportunity of hearing can vitiate proceedings.


CIT Vs P Srinivasan (Dated: June 11, 2012)

Income Tax – Sections 2(47)(v), 45 - Transfer of Property Act, 53A – Whether when possession of the property is handed over in pursuance of an agreement of sale and the ingredients of Section 53A of the Transfer of Property Act stood satisfied, after payment of sale consideration, the assessee could no longer claim possessory rightsover the land as against the claim of the purchaser and hence the sale consideration could not be assessed to capital gains at the hands of the assessees.


CIT Vs M/s Khandelwal Associates (Dated: August 13, 2012)

Income Tax - Sections 2(22)(e), 56(2)(i), 260A - 'controlled companies' - Whether the amount given as loan would attract the provisions of section 2(22)(e) or not, is a question of fact - Whether in case of controlled companies, it is solely the discretion of the management that the profits should be distributed as dividends or to be given as loan to its Directors - Whether the deemed dividend distributed by the company is taxable in the hands of the shareholder - W hether the provisions of deemed dividend also apply in case the payment was made as a result of job work only.

2012-TIOL-751-HC-GUW-IT

CIT Vs Smt Maya Rani Dey (Dated: August 31, 2012)

Income Tax - Sections 143(3), 158BD, 158BG - Whether the notice for undertaking block assessment must be issued in compliance with the period of limitation mentioned u/s 158BE(2) - Whether an issue not raised before the Tribunal can be raised before the High Court - Whether in case of search operations of a joint family, the individual names of the members thereof is essential on the notice of search.


Nuchem Ltd Vs ITAT (Dated: August 13, 2012)

Income Tax - Sections 43B, 143(1)(a), 260A, 271(1)(c) - Whether the statutory payment in respect of ESI contribution and Provident Fund of the employees made by the assessee before the filing of the return are allowable as deduction u/s 43B -Whether the amendment made to the proviso of Sec 43B is curative in nature, and hence has to be applied retrospectively to all pending cases.


CIT Vs M/s Small Industries Development Bank Of India (Dated: September 12, 2012)

Income Tax - Sections 10, 10A, 14A, 36(1)(vii), 36(2), 260A, - Small Industries Development Bank of India Act, 1989 - Section 50 - Whether a fresh ground of appeal can be raised before the High Court, when it was not raised before the lower authorities - Whether section 14A can be applied in case the exemption is only from payment of income tax - Whether when an amount lent in its ordinary course of business of banking is written off, is allowable as a deduction.


Sista's Pvt Ltd Vs CIT (Dated: September 7, 2012)

Income Tax - Sections 10(23D), 94(7), 115AB - Whether for the purpose of capital gains tax, securities and MF units are the same - Whether MF units are governed bythe provision of Sec 94(7)(b)(ii).


CIT Vs M/s Xylon Holdings Pvt Ltd (Dated: September 13, 2012)

Income Tax - Sections 28(iv), 41(1), 260A - Whether in case of a loan transaction, the remission can be treated as income u/s 41(1) - Whether when an amount has not been claimed as an expenditure in the previous year, its subsequent write off can be taxed as income of the assessee - Whether section 28(iv) can be invoked in case the benefit is received by the assessee in cash.


CIT Vs Hindustan Times (Dated: September 14, 2012)

Income Tax – Section 37(1), 43B – Whether when the assessee incurs certain expenditure on an aborted business venture, to claim it as part of the existing business, the assessee is necessarily required to satisfy that the new business had common elements like unified administration, resource sharing and common funding -Whether when the new business was not even permitted and the JV partner is unknown, even then expenditure incurred in this connection can be claimed as expenditure of the existing business - Whether the liability arising out of the Provident Fund, ESI arrears etc can be allowed as deduction u/s 43B if the liability accrued in the AY though the mode and manner of payment was deferred.



Avani Exports Vs CIT (Dated: July 2, 2012)

Income Tax - Sections 28(iiid) & (iiie), 28(iv), 40(b), 44AA(2), 44AB, 80IA(4), 80HHC(3), 139(4A), 143(3), 154, 288(2) - Constitution of India - Articles 13(2), 14, 19(1)(g), 265 - Central Excise Act, 1944 - Section 5A - ' 'Promissory Estoppel' -'Legitimate Expectations' - 'palpable arbitrariness' - Whether the classification of assessee on the basis of export turnover is sustainable in law - Whether when one class of exporters avail Sec 80HHC benefits because of finalisation of their assessment order, and another class misses out because of the pendency of their assessments, adversely affected by retrospective amendment, it can be said that such an amendment discriminates against one class and is violative of Art 14 of the Constitution - Whether the burden to prove the restrictions imposed by the statute falls on Revenue - Whether the amendment should be declared as ultra vires being violative of the principles of promissory estoppel and legitimate expectations -Whether the substantive amendment cannot be made with retrospective operation and thus should be set aside - Whether in case where a taxing statute is declared invalid, it can be replaced with an entirely new provision with retrospective effect -Whether a law can be held as unreasonable merely because it is retrospective in nature - Whether the legislature possesses the right to reverse the decided case laws in exercise of judicial power - Whether the retrospective amendment in law can be detrimental to the assessee.


CIT Vs M/s Indian Oil Corporation Ltd (Dated: September 12, 2012)

Income Tax – Sections 143(1) & (3), 154, 234D - Whether insertion of Explanation 2 to Sec 234D is declaratory and thus, would apply with retrospective effect - Whether a declaratory amendment makes no change in law but merely clarifies what the law always was - Whether the interest u/s 234D is chargeable on excess refund granted for an assessment year prior to 1/6/2003 but the proceedings go beyond the cut-off date - Whether the provisions of Sec 234D would have any retrospective operation qua refunds granted prior to 1/6/2003.



Shri Harish Kumar Chhabra Vs CIT (Dated: : August 28, 2012)

Income Tax - Sections 143(1), 260A - Limitation Act, 1963 - Section 5 - 'sufficient cause' - Whether for the purpose of condoning delay, the contours of 'sufficient cause' can be pre-defined or it depends largely on facts of each case - Whether CoD can be granted on the ground that the delay was caused by a third party.


CIT Vs M/s DBS Corporate Services Pvt Ltd (Dated: : September 4, 2012)

Income Tax - Sections 30, 36(1)(iii) - Whether for the A.Y 1999-2000 any amount of interest paid on borrowed funds even in respect for utilization for capital purposes would be allowed as a deduction provided the same was for the purposes of the business - Whether expenses for repairs and maintenance of business centers are

expenses of capital nature.


CIT Vs TTG Industries Ltd (Dated: : June 8, 2012)

Income Tax - Section 80IA - Whether service charges for maintenance, charges for transportation, erection and commission charges, labour charges, sale of scraps during manufacturing to be included as profits and gains of the industrial undertaking for the purpose of computation of deduction u/s 80IA.


M/s Gemini Pictures Circuit Pvt Ltd Vs DCIT (Dated: : June 22, 2012)

Gift Tax - Section 4(1) - Whether the Tribunal is right in confirming the order of the Gift Tax Officer in bringing to tax the deemed gift on transfer of reversionary right attached to the property when it was clear from reading of the sale deed that what was transferred was the right, title, interest to the transferor which was inclusive of reversionery right plus the right to receive rent from the lessee - Whether the Tribunal is right in directing adoption of the market value of the property for determining the deemed gift - Whether the transfer has to be valued as per Schedule II of the Gift Tax Act.


M/s Carborundum Universal Ltd Vs DCIT (Dated: : June 4, 2012)

Income Tax - Sections 32AB, 80HH & 80I - Whether the relief u/s 32AB, relatable to plant and machinery installed in other units, can be deducted from the profits of the new industrial undertaking for the purpose of computing the relief u/s 80HH and 80I -Whether depreciation on guest house building has to be disallowed as per Section 37(4).


Delhi Development Authority Vs UoI(Dated: September 10, 2012)

Income Tax – Section 142(2A) – Whether notes of accounts can be the basis for the AO to pass an order u/s 142(2A) for conducting special audit – Whether it is necessary on the part of the AO that he should have examined the books of accounts or the relevant accounting entries himself before forming an opinion for special audit u/s 142(2A) – Whether the accounts can be said to become complex merely because there are large number of entries – Whether the special auditor cannot go into and examine the said legal issue or question regarding taxability.



Punjab And Sind Bank Vs CIT (Dated: September 12, 2012)

Income Tax - Sections 37(1), 143(3) - Whether withtout ascertaining the true character of securities, purchase of securities can be decided as 'investment' or 'stock in trade'.


CIT Vs M/s Bombay Oil Industries Ltd (Dated: September 3, 2012)

Income Tax - Section 2(22)(e) - Whether Section 2(22)(e) is applicable in respect of the loan advanced to the assessee when none of the shareholders of assessee or the assessee itself was a shareholder of in the company from where loan was taken.


CIT Vs M/s Schmetz India Pvt Ltd (Dated: September 4, 2012)

Income Tax - Section 10A - Whether extraordinary profits derived by the assessee from its export division can lead to the conclusion that the same was organised/arranged when the authorities have also recorded a finding that manufactured & exported goods where different from that being traded - Whether the deduction under S. 10A has to be computed without setting off of the loss from the trading unit against the profits of the export oriented unit entitled to deduction u/s 10A.


Shri Maruti Nivruti Navale Vs Mr Ujjwal Choudhari (Dated: June 22, 2012)

Income Tax - Recovery of arrears - Stay application pending - Appeal on demand pending - The Deputy Commissioner of Income-tax shall pass a reasoned order on the petitioner's application for stay under section 220(6) of the Act. The assessee to furnish an undertaking not to dispose of, alienate, encumber, part with possession of or create any third party right, title and/or interest in respect of any immovable properties in which he may have any right whatsoever. Revenue shall be entitled to take all steps in accordance with law to protect the recovery of the demand, including seeking details of and attaching the assessees properties, but shall not sell or appropriate the same towards the demand till the decision on the application by the Deputy Commissioner of Income-tax. (Para 17)


The Punjab State Cooperative Milk Producer's Federation Ltd Vs CIT (Dated: August 31, 2012)

Income Tax - Sections 14A, 80P(2)(d), 143(2), 260A - Whether when a cooperative society earns exempt income, it can claim deduction u/s 80P(2)(d) only after deducting expenditure attributable to the earning of exempt income.


New Era Shipping Ltd Vs ACIT (Dated: September 10, 2012)

Income Tax - Section - 33AC - Income Tax Appellate Tribunal Rules, 1963 - Rule 27 -Whether any prejudice is caused to the assessee if the Tribunal decides only the law point and overlooks the facts, which can be the ground for varying findings .


CIT Vs Sony India Pvt Ltd (Dated: September 10, 2012)

Income tax - Sections 10(10C), 35DDA, 70, Rule 2BA - Whether Rule 2BA also deals with the expenditure incurred on VRS Scheme - Whether when assessee closes down manufacturing but continues with trading and other activities, even then such closure can be treated as closure of business of the assessee, and thus, expenditure incurred on legal and professional expenses is to be treated as capital expenditure.


JCT Ltd Vs CIT (Dated: August 30, 2012)

Income Tax- Sections 45, 143(3), 154 - Whether the Tribunal is justified in law in holding that the loss incurred by the appellant on the sale of each non-convertible Part B of the 15% redeemable partly convertible debentures issued by BIL was not allowable as a short term capital loss but was required to be treated as part of the cost of acquisition of the convertible Part A of the debentures.


CIT Vs M/s Him Teknoforge Ltd (Dated: August 28, 2012)

Income Tax - Sections 80A(1) & (2), 80B(5), 80AB, 80HH, 80IA, 80IB, 80E, 80T -'priority undertakings' - Whether profits of the priority as well as non-priority undertaking can be combined to compute deduction u/s 80IA - Whether the losses ofone industrial unit can be set off with profits of another industrial unit - Whether there is any difference between 'Gross income' and 'Total income' for the purpose of computing deduction u/s 80IA - Whether the deduction can be allowed if the assessee has NIL gross total income - Whether Sec 80AB has overriding effect and governs other provisions of Chapter VI-A.


Hindusthan Tobacco Ltd Vs CIT (Dated: August 30, 2012)

Income Tax – Sections 37(1), 131, 142(3), 143(3) – Whether, if a party fails to avail of the opportunity to cross-examine a person at the appropriate stage in the proceeding, the said party would be precluded from raising such issue at a later stage of the proceeding – Whether mere fact that payments in respect of expenses incurred by the assessee were made through account payee cheques can be the sole criteria to accept the genuineness of the transaction – Whether the transactions through account payee cheques can be accepted even when the identity of the creditors to whom such payments were made were doubtful – Whether the issue as to the expenses were necessary or not in terms of the commercial expediency u/s 37 (1) of the Act would arise only after the assessee had discharged its initial onus to prima facie establish such claim.



CIT Vs Brahmaputra Capital & Financial Services Ltd (Dated: September 3, 2012)

Income Tax - Whether the earlier orders of the Tribunal and the judgment of the High Court in the assessee's own case, can be applied when the facts for the year under appeal are distinguishable from those in the years in which the High Court had held in favour of the assessee.


CIT Vs SRC Aviation Pvt Ltd (Dated: September 3, 2012)

Income Tax - Sections 14A, 40A(3), 263, Rule 6DD(k) - Whether the word 'aircraft' carries any meaning different from 'aeroplane' as per the I-T Act - Whether in case the 'aircraft' is commercially different from that of an 'aeroplane', it can be considered under the head 'Plant and Machinary' - Whether in case the claim for excess depreciation has been allowed by the Revenue, the powers u/s 263 by the adjudicating authority can be excercised - Whether depreciation on aeroplanes and aircraft etc. can be restricted upto only the parts of the vehicles, on the basis of partial application of definition of such vehicle.


CIT Vs M/s Maria Sylvia D'souza (Dated: August 30, 2012)

Income Tax - Section 5A - 'Community of Assets' - Whether on the basis of the system of Community of Assets and section 5A, the property of the deceased person is equally distributable between its legal heirs and spouse.


Amora Chemicals (P) Ltd Vs CIT (Dated: August 28, 2012)

Income Tax – Sections 2(14), 2(47), 45, 48, 55 – Whether tenancy rights represent capital assets in terms of section 2(14) of the Act – Whether surrender of such tenancy rights amounts to transfer of the capital assets by virtue of section 2(47) of the Act – Whether the differential interest borne by the assessee on the advances made to the landlord represented the cost of acquisition of the tenancy rights to the assessee and accordingly, capital gain arises on the difference of the amount received by the assessee on surrendering the tenancy rights and the cost of acquisition of such tenancy.


Dy.CIT (ASSTT) Vs Harishkumar J Gupta (Dated: July 16, 2012)

Income Tax - Sections 158B(b), 158BC, 192 - Whether salary income of individual assessee, which was subjected to TDS by the employer, can be dubbed as 'undisclosed income' if no return or delayed return is filed - Whether such income can be brought within the fold of income to be taxed during the block period by virtue of

the computation provision of section 158BB.



CIT Vs M/s Swan Mills Ltd (Dated: August 14, 2012)

Income Tax - Sections 115JA, 260A - Voluntary retirement scheme - Whether the payments on account of gratuity, retrenchment compensation and leave encashment made to workers in connection with VRS, which was on account of closure of business, is allowable as revenue expenditure - Whether it is possible to raise a new ground of appeal before the High Court.


Garden Finance Ltd Vs ACIT (Dated: September 3, 2012)

Income Tax – Section 147 – Whether AO can reopen assessment u/s 147 in respect of the issue against which the assessee had placed full facts before the AO in the original assessment itself justifying its claim but however, no disallowances were made by the AO thereof.


G L Jain Vs CIT (Dated: August 28, 2012)

Income Tax - Writ Petition - Sections 132B(4), 244A - Whether by virtue of the provisions u/s 132B (4) r/w Section 244A, the writ petitioner is entitled to interest for the entire period on the sum of Rs.92,82,700/- which was seized from him.


CIT Vs Indeo Airways Pvt Ltd (Dated: August 31, 2012)

Income Tax - Sections 37(1), 68, 132, 158BC, 158BD – Whether having once taken recourse to the presumption u/s 132 (4A) that the receipts constituted income and brought this amount to tax, the Revenue can draw a reverse presumption against the assessee and ask it to prove why certain entries ought to be disallowed as inadmissible heads.


CIT Vs M/s Maruti Insurance Distribution Services Ltd (Dated: September 4, 2012)

Income Tax - Sections 143(2), 154, 158BFA, 254(1), 254(2) - Constitution of India -Article 226 - Income Tax (Appellate Tribunal) Rules, 1963 - Rule 24 - Mistake apparent from the record - Whether an error apparent from record is a mistake for which no investigation, arguments are required - Whether the amendment of an order means obliteration of the original order and substitution by a new order - Whether a decision on the debatable point of law or undisputed question of fact, is not a mistake

apparent from the record - Whether Tribunal has the power to review the order previously passed - Whether re-hearing of the entire subject matter is neccessary in case of recalling of an order - Whether the amended order u/s 254(2) prevails over the original order for all purposes - Whether it is valid for an appellate authority to recall order in part or it is mandatory to recall it in its entirety - Whether in case a mistake which is established by a long drawn process of reasoning, can still be regarded as 'mistake apparent from record'.


DCIT (ASSTT) Vs Mastek Ltd (Dated: August 21 and 28, 2012)

Income Tax – Sections 35(1) & (3), 37(1), 43(4) – Whether when the activities of the assessee in relation to development of software constitute scientific research as per Sec 43(4), the assessee is entitled to deduction of capital as well as revenue expenditure u/s 35(1) - Whether, before permitting deduction u/s 35(1) of the Act to the assessee, the Tribunal ought to have obtained the opinion of the Central Board of Direct Taxes on the question whether the expenditure incurred by the assessee on its project was for research activities.


M/s Prem Tailor And Another Vs ITO (Dated: August 27, 2012)

Income Tax - Sections 133A, 142(1), 143(2), 154, 271(1)(c), 271C, 276(1), 277, 278B - Whether the penalty for concealment can be initiated on the basis of incriminating material found during the search - Whether in case the notice for initiating penalty is raised after the assessment proceedings, it can still be considered as a valid notice - Whether the search proceedings can vitiate the jurisdictional authority to raise notice for penalty.


Court On Its Own Motion Vs CIT (Dated: August 31, 2012)

Income Tax - Writ - Sections 143(1), 200A, 245, 272BB - Central Processing Unit -past arrears - demand - Whether section 245 of the Act envisages opportunity of being heard to the assessee and mandates a two stage action - Whether it is possible for the Revenue to make assessment on the basis of the wrong data uploaded by the AOs and contrary to the procedure prescribed u/s 245 - Whether in case the tax payer is not able to get the credit for taxes paid, he can be forced to make double payment of taxes - Whether there is legal provision regarding penalty for errors committed by the deductors or it is just persuasive - Whether the purely technical mismatches in TDS defaults can be ignored - What Revenue follows any guidelines so that 'past errors' are not repeated - Whether the assessing authority is allowed to adjust the amount of tax refunds in the category "modified".


M/s Serco BPO Pvt Ltd Vs ACIT (Dated: August 14, 2012)

Income Tax - Writ - Sections 192, 193, 194A, 194LA, 195, 197(1), 264, 271C, 276B, Rules 28AA, 28AB, 29 - Constitution of India - Article 226, 227 - Whether the issue of certificate for no TDS or lower rate u/s 197(1) is mandatory or discretionary when the assessee fulfills the conditions laid down under the rule - Whether AO is under

obligation to furnish reasons if he rejects such applications - Whether when an order is challenged and found patently illegal, the petition would lie to the High Court.



CIT Vs Smt Meera Devi (Dated: August 23, 2012)

Income Tax – Sections 132, 153C, 271(1)(c) – Whether penalty u/s 271(1)(c) is leviable in respect of the undisclosed income offered to tax by the assessee pursuant to the search conducted in the case of other assessee – Whether the mere fact that explanation of an assessee, in assessment proceedings is rejected by itself is not a ground for levying penalty against him or her in connection with the assessment year – Whether the Tribunal is not bound to follow its previous decision if the previous decision is “per incuriam” or there is a change in facts.


CIT Vs Shri M P Ramchandran (Dated: August 28, 2012)

Income Tax - Sections 132, 143(3)(iii), 158BC – Whether the provisions of Chapter XIV B can be invoked in respect of additions made on account of royalty and of advertisement expenses when the basis of computation of royalty as well as reimbursement of advertisement expenses was available with the Department.


CIT Vs Shri M Nagaraja (Dated: August 13, 2012)

Income Tax - Sections 55A, 56(2), 69, 69A, 69B, 131(1), 133(6), 142A, 142(2), 153A - Wealth Tax Act, 1957 - Section 38A - Whether the provisions of section 142(A), as inserted by the Finance Act, 2004 are retrospective in nature - Whether it is justified in law to pass the assessment on the basis of valuation officer's report, without giving a reasonable opportunity of being heard to the assessee.


CIT, Mumbai Vs M/s Hindalco Industries Ltd (Dated: August 16, 2012)

Income Tax - Sections 10(23G), 57 - Whether when the assessee receives interest from the subsidiary, and the latter also receives interest from the former, under two independent contracts, provisions of Sec 10(23G) require any netting of such payments - Whether expenditure incurred towards Depository Services and Dematerialisation of share certificates is business expenditure.



CIT Vs M/s Uberoi Sons (Machines) Ltd (Dated: August 31, 2012)

Income Tax - Sections 23, 147, 148 - Whether the arrears of rent received by the assessee (as mesne profits) can be brought to tax for the previous years, when they fell due or could be brought to tax during the year of receipt.


CIT Vs Indian Sugar Exim Corpn Ltd (Dated: August 27, 2012)

Income Tax - Sections 2(38), 143(3) - Employees Provident Fund Act, 1952 - Whether depreciation is allowable on assets, even if the owner is not the registered owner -Whether payment towards contribution to Provindent Fund can be denied merely on the basis that the fund was not recognised as per the Income Tax Act.


M/s Aqua Granites Vs CIT, Chennai (Dated: August 22, 2012)

Income Tax - Sections 142(3), 143(2) - search - principle of natural justice - Whether it can be said that the 'Principle of natural Justice' suffers in case sufficient time is not given to the assessee to produce documents in case of search.


CIT, Bangalore Vs M/s Nadatur Holdings And Investments Pvt Ltd (Dated: August 23, 2012)

Income Tax - Sections 41(ii), 49(1)(ii), 143(1), 143(2), 260A - Whether when it is evident from the primary document of the company that it was carrying on the business of trading in shares, the gains arising out of such transactions are to be assessed as capital gains - Whether the Income Tax laws permit gift to a company -Whether in case of the solitary sale of share by a company, it can be said that the company is engaged in share trading - Whether in case a transaction is out of the line of business of the assessee, it can be considered as a trading one - Whether if it is so, what is the testing criteria - Whether the character of a transaction can be determined solely on application of any abstract Rule.


CIT Vs Sureshchandra Durgaprasad Khatod [HUF] (Dated: August 24, 2012)

Income Tax - Section 12A, 260A, 268A(1), 271(1)(c) - Instruction No.3 of 2011 issued by CBDT u/s 268A(1) - Constitution of India - Article 136 - Whether Instructions issued by the Board are of retrospective in nature - Whether these instructions would also apply to the pending appeals.


CIT Vs Modi Revlon Pvt Ltd (Dated: August 29, 2012)

Income tax - Sections 37, 40A(2) - Whether when the non-resident partner of the JV does not tranfer the right of technical knowhow, even partly, for manufacture of products, royalty payment as per agreement is to be construed as revenue expenditure - Whether any disallowance can be made with respect to brand promotion expenses.



CIT Vs M/s Frostair Pvt Ltd (Dated: August 24, 2012)

Income Tax – Section 68 – Whether addition on account of share application money is justified when the AO, considering exhaustive details and painstaking examination of the records after two or three layers of scrutiny, has come to the conclusion that the amounts claimed to be received by the assessee on account of share applications were not based on genuine transactions and the assessee failed to prove its genuineness – Whether addition u/s 68 has to be made when the assessee has proved only the identity of the share applicants but not the creditworthiness and the genuineness of the transactions.


M/s Laxmi Ventures (Bombay) Pvt Ltd Vs DCIT (Dated: August 30, 2012)

Income Tax - Sections 144, 145(3), 254(2), 260A - Whether it is allowable for an adjuduacting authority to readjudicate a decided case - Whether it is justified to remand the case for production of supplementary details, in case the documents presented are already duly verified by the assessee or its representatives.


CIT Vs M/s Aditya Birla Nova Ltd (Dated: August 14, 2012)

Income Tax - Sections 35D, 271(1)(c) - Whether when there is neither concealment nor furnishing wrong information, even then penalty can be levied on the ground of deduction claim being disallowed.


CIT Vs Tei Technologies Pvt Ltd (Dated: August 27, 2012)

Income Tax – Sections 2(45), 4, 10A(1) & (6), 72, 143(3), Circular Nos 308 of 1981 , 794 of 2000 , 8 of 2002 , 5 of 2010 – Whether Section 10A provides for total exemption from tax or only a deduction from the income - Whether difference between exemption and deduction is that an exempt income does not enter the computation of total income wherease in case of deduction, it first gets included in the total income, and then gets deducted subject to several conditions - Whether sub-section (4) of Sec 10A aims at ensuring that there is no double benefit arising to the assessee in respect of the same income - Whether for the purpose of Section 10A, the losses suffered in the non-EPZ Unit can be set off from the profit/income of the EPZ Unit - Whether for computing deduction u/s 10A in respect of EPZ Unit, brought forward losses of the Non-EPZ Unit are to be first deducted / reduced.



ACIT Vs Biraj Investment Pvt Ltd (Dated: August 7, 2012)

Income Tax - Sections 2(47) - Companies Act - Sections 108 - Whether shares pledged with a bank, can be validly transferred within the meaning of section 2(47) of the Income Tax Act, even though the mandatory requirements of registering such transfer u/s 108 of the Companies Act, may not be fulfilled - Whether capital loss arising on sale of such shares can be claimed, when such transfer of shares may be challenged by the bank, on the grounds of breach of contract - Whether in such a case, the transfer could be considered as a paper arrangement, merely because loss making shares were sold to a group company - Whether there are any restrictions in the Income Tax Act on sale of loss making shares - Whether an assessee is free to exercise his commercial wisdom to sell loss making shares at any given point of time, even though this may amount to reduction of his tax liability.



Gujarat Power Corporation Ltd Vs ACIT (Dated: July 30, 2012)

Income Tax – Sections 147, 148 – Whether in a situation where the AO during the scrutiny assessment, notices a claim of exemption, deduction or such like made by the assessee, having some prima facie doubt raises queries, asking the assessee to satisfy him with respect to such a claim and thereafter, does not make any addition in the final order of assessment, can he be stated to have formed an opinion whether or not in the final order he gives his reasons for not making the addition – Whether in respect of such issue, reassessment can be opened u/s 147.


Shri R Dharmichand Kothari Vs CIT, Chennai (Dated: August 8, 2012)

Income Tax - Section 69 - Whether Assessee can take advantage of section 4 of Gold Bonds (Immunities and Exemptions) Act, 1993 on the basis of Minister's Budget Speech when it was not denied by the assessee that the import of gold was made at a time when there was no such Scheme.


CIT, Coimbatore Vs M/s Elgi Ultra Industries Ltd (Dated: August 10, 2012)

Income Tax - Section 80IA - Wealth Tax Act - Section 5(1)(xxxii) - engaged in manufacturing - effective involvement - quality control - Whether deduction u/s 80IA is available even if the assessee is not engaged in the industrial activity on its own execpt assembling on jobwork basis - Whether if strict control has been excercised by the employee on the work of job workers, can it be considered that the work was not performed by the employee itself - Whether for the purposes of manufacturing, direct involvement of manufacturer is required - What is the test to verify whether a person is a manufacturer or not - Whether effective involvement in the quality control of the work done through job workers is eligible foe deduction u/s 80IA .


M/s Galaxy Granites Pvt Ltd Vs CIT, Chennai (Dated: July 23, 2012)

Income Tax - Sections 28, 80HHC - total turnover - export turnover - Whether export turnover includes freight or insurance attributable to the transport of the goods or merchandise - What is included in 'total profits' for the purpose of calculating deduction for exports - Whether unrealised export turnover should be included in the "Total Turnover" while it is not treated as "Export Turnover" for purposes of computing deduction u/s 80HHC.


Goodluck Automobiles Pvt Ltd Vs ACIT (Dated: August 7, 2012)

Income Tax - Sections 55A, 69A, 131, 136, 142, 142A, 143, 145 - Whether AO can take recourse to the departmental valuation officer in terms of section 142A, for ascertaining the value of the constructed building, before rejecting the accounts submitted by the assessee on the grounds of defect - Whether mere reference to the valuation officer is sufficient to indicate that, the accounts have been rejected by the AO, even if no such grounds have been recorded in the assessment - Whether the AO needs to formally record the grounds for rejecting such accounts in the assessment, before seeking the advice of the valuation officer - Whether in such a case, addition can be made u/s 69 on the basis of value ascertained by the valuation officer -Whether the question of making an estimate of the value of any investment referred to in section 69 would arise only, when the AO finds that, the assessee has made investments which are not recorded in the books of account.


M/s Universal Packaging Vs CIT (Dated: July 30, 2012)

Income Tax - Writ Petition - Section 264 - Whether the CIT is within rights to reject the Revision application filed u/s 264 on the ground that the petitioner had a option of filing an appeal before the CIT (A).


Gian Devi Vs UoI (Dated: May 16, 2012)

Income Tax - Writ - Section 269UD(1) - Whether the consideration as decided by the DDA for the property for the purposes of sec 269UD(1) can be further contended -Whether for the purpose of triggering any presumptive purchase under section 269UD (1), 15% difference in the value of the similar properties is maximum and conclusive.


Sun Pharmaceutical Industries Ltd Vs Dy.CIT (Dated: August 6, 2012)

Income Tax - Sections 80IA, 80AB, 115JA, 143(3), 148 - Whether when AE pays higher rate of interest on delayed payment as compared to third parties, no fault can be found with AO for initiating reassessment for transfer of profits to assessee eligible for Sec 80IA benefits.



CIT Vs Garden Finance Ltd (Dated: August 3, 2012)

Income Tax - Sections 36, 36(1)(vii), 43(1), 44AB, 143(3), 260A - Voluntary disclosure of income Scheme - Sale and lease back transaction - Whether, for claiming Sec 36(1)(vii) benefits, mere writing off bad debts in books is sufficient - Whether consideration of a transaction as ‘sale' or ‘sale and lease back' is a valid question of law.


CIT Vs Indraprastha Gas Ltd (Dated: August 22, 2012)

Income Tax – 'loss in transit' - Whether it is justified to disallow a claim merely on the basis of the previous year's decision of the same judicial authority.


Sbi Exit Optees' Association, Mumbai Vs CBDT, New Delhi (Dated: August 17, 2012)

Income Tax – Writ - Sections 10(10C), 35DDA, 147, 148, 154, 264 – Voluntary Retirement Scheme - Staff Supervising Exit Option Scheme – Whether it is open for the Revenue to dictate the orders to be passed by the judicial authorities by means of issuing circular - Whether it is correct to decide allowability or non- allowability of an item merely on the basis of a Board Circular – Whether circulars are binding on all.


CIT, Chennai Vs Smt P Shanthi (Dated: June 21, 2012)

Income Tax – Search - Sections 132, 132A, 158BE(1)(b), 158BC - 'execution', ‘execute' - Whether when the legal heir of the deceased assessee is represented by his mother, any fault can be found with the warrant issued in the name of the mother who is the representative of the legal heir, a minor child - Whether limitation period is to be counted from the month in which last of the authorisation for search was executed.


M/s Gem Granites (Karnataka) Vs ACIT, Chennai (Dated: August 3, 2012)

Income Tax - Sections 44AD, 234A, 234B - Whether the interest liability can be finalised, till the completion of assessment proceedings regarding expenditure relating to unaccounted money - Whether the notings without corroborating evidence regarding receipt of money, would be conclusive for making an addition in the income .


CIT Vs Anil Chanana (Dated: August 6, 2012)

Income Tax - Sections 80AB, 80HHC(3)(b), 143(3), 256(1) - 'profits of the business' -Whether, for availing Sec 80HHC benefits, other incomes like rent and interest are to be excluded - Whether sec 80AB is relevant for the purpose of computing deduction u/s 80HHC.


Sun Pharmaceutical Industries Ltd Vs Dy.CIT (Dated: July 31, 2012)

Income Tax – Sections 143(3), 147, 148 – Whether a notice of reassessment can be issued in respect of new ground, if such new ground occurs to the AO after he recorded the reasons for reopening of assessment – Whether merely because the AO did not disallow the claim of the assessee in the original assessment proceedings for some reason or the other, can be a ground to permit reopening of such alleged under-assessed income beyond the period of four years – Whether reopening of assessment beyond a period of four years is permissible if the AO had not examined any particular issue at all while framing assessment u/s 143(3) of the Act.


Sri Puspa Ranjan Sahoo Vs ADIT, Bhubaneswar (Dated: July 3, 2012)

Income Tax - Sections 131(1), 132, 132(1), 132(4), 132(14), 132A(1) , 142(1), Circular No 8 of 2003, Instruction No 7 of 2003 - 'reason to suspect' , 'reason to believe' , 'cash credit' , 'possession of assets' - Whether during the search operations, 'reasons to suspect' are sufficient - Whether in order to conduct search operations, mere belief of undisclosed 'possession of assets' is sufficient - Whether Revenue can legally seize the stock in trade along with other assets - Whether it is permissible to modify statutory provisions in order to extract correct meaning thereof - Whether the authorised officer has been given unlimited power under search to conduct it without any relevant basis.


Orissa Trust Of Technical Education And Training Vs CCIT, Orissa (Dated: July 31, 2012)

Income Tax - Sections 10(23C)(vi), 12AA, Rule 2CA(1) - Orissa Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act, 2007 -Whether fees charged for placement and training can be considered excess and in violation of exemption granted u/s 10(23C)(vi), even when the same has been allowed under the state legislation enacted in 2007, pursuant to the judgment of Supreme Court - Whether mere earning of income in excess of expenditure by an educational institution, can take away its eligibility for claiming exemption u/s 10(23C)(vi) - Whether the status of exemption is lost, if the educational institution indulges in any commercial activity, not incidental to imparting of education - Whether in view of this position, income earned from maintenance of trees on the campus, when applied for maintenance of infrastructure of the educational institution, is also a non educational activity - Whether quantum of such income and its application out of the total income from educational activities, needs to be carefully ascertained, before arriving at any such conclusion.



L & T Employee Welfare Foundation, Mumbai Vs ACIT, Mumbai (Dated: July 19, 2012)

Income Tax - Writ Petition - Sections 10(34), 14A, 220(6), Rule 8D - stay of demand -Whether when appeal remedy is available to the assessee, writ jurisdiction is not warranted.


DIT Vs Foundation Of Ophthalmic & Optometry Research Education Centre (Dated: August 16, 2012)

Income Tax - Sections 11, 12, 12A, 12AA(1)(b), 12AA(3), 80G, Rule 17A - Whether before granting registration u/s 12A, Revenue is required to verify whether the assessee has commenced charitable activity.


The Peerless General Finance & Investment Co Ltd Vs CIT, WB-I, Kolkata (Dated: May 17, 2012)

Income Tax - Section 32 - Registration Act - Sections 17, 49 - Whether mere furnishing of information and making of statement are good enough to establish the case of foreign travel on account of business activities of the company - Whether depreciation u/s 32 is allowable when there is no document to show whether it was a leasehold interest or otherwise.


Inductotherm (India) Pvt Ltd Vs M Gopalan (Dated: August 6, 2012)

Income Tax - Sections 143(1), (2) & (3), 147, 148, 156, 263 - Whether assessment can be reopened to verify deductions and claims made by the assessee, on the grounds of income escaping assessment, even though when the same was originally accepted u/s 143(1) - Whether it can be said that such reopening of assessment is, merely to circumvent the limitation period prescribed for scrutiny assessment u/s 143(2) - Whether the scope of reopening assessment is lost, when the assessment has been scrutinized u/s 143(3) - Whether a notice u/s 148 can be challenged, for being issued before recording of reasons, when such assessment was reopened as a remedial measure, pursuant to discrepancies indicated in the original order of the AO, and after due approval from the CIT - Whether the pre-requisite of "reasons to be believe" to reopen assessment in terms of section 147, warrants a firm and conclusive opinion of the AO, since there is always an element of subjectivity in opinions.


M/s Southern Cashew Exporters Vs DCIT, Kollam (Dated: August 3, 2012)

Income Tax - Sections 28(iiib) & (iiid), 80HHC, 143(1), 147, 148, 260A - Whether the issue which was not before the Tribunal can be raised before the HC u/s 260A -Whether the Constitutional Validity of the amendment can be considered under the jurisdiction conferred on the High Court u/s 260A.


Gujarat State Fertilizers Co Ltd Vs Dy.CIT (Dated: August 14, 2012)

Income Tax - Section 260A - Whether expenditure incurred by a company in order to ease trading of its shares can be allowed as revenue expenditure - Whether in case there is no benefit of enduring nature, then the expenditure incurred is necessarily allowable as revenue.


Virgin Mobile India Pvt Ltd Vs ACIT (Dated: August 17, 2012)

Income Tax - Writ - Sections 133A, 194H, 220(6), 271C, 246, 246A, Circular Nos 589 of 1991, 530 of 1989 - Constitution of India - Article 226 - 'discretion' - Whether rules and instructions limit the girth of statutory power - Whether it is possible on the part of any judicial authority, to pass a judgment without following 'principle of natural justice' - Whether it is essential for an order of stay, to be 'composite' in nature.


Harshad J Choksi Vs CIT, Bombay City-IV (Dated: August 14, 2012)

Income Tax -Section 36(2) - Whether if an amount is held to be not deductible as a bad debt, in view of non compliance of the condition precedent as provided u/s 36(2), the same can be considered as allowable business loss.


CIT, Mumbai Vs M/s Pelican Investments Pvt Ltd (Dated: August 21, 2012)

Income Tax - Sections 22, 23(1)(a), 27(iiib), 269UA(d) & (f) - Whether for the purpose of section 269UA(f), the period of licence granted to the same licencee under two agreements can be combined, even if the agreements are totally distinct, separate and based on fresh negotiations - Whether such license agreements could have been entered to circumvent the provisions of section 269UA(f), even if the first agreement was entered at a time prior to the enactment of the said section - Whether when the combined duration of distinct license agreements exceeds the limit of 12 years in terms of section 269UA(f), the licensee can be assessed as owner of such property, under the head of income from house property.


Management Committee (CFH Scheme) Vs ITO (TDS), Cuttack (Dated: July 3, 2012)

Income Tax - Sections 11, 12AA, 40(a)(ia), 197 - Whether an application for issuing no deduction certificate can be denied, on the ground of lapse of concerned financial year, when the Court has already directed the Department in a writ petition, to issuethe same, within a stipulated time - Whether Department can raise an additional plea before the Court when the same was not covered in its original order for rejecting such application - Whether the Department can refuse to grant such certificate, on the plea of arrears outstanding against the assessee, even when such demand for arrears has been quashed by the Tribunal - Whether following such practice to recover arrears is extra-judicial in nature.


NTPC Sail Power Company Pvt Ltd Vs CIT (Dated: July 17, 2012)

Income Tax - Section 36(1)(iii) – Whether when assessee borrows funds for setting up power plants but opts for term deposits as funds were not immediately put to use, such income can be said to be inextricably linked to the business and the same is to be treated as capital receipt.


CIT, Mumbai Vs M/s Modern Terry Towels Ltd (Dated: August 13, 2012)

Income Tax - Sections 80AA, 80M, 80 HHHC - Accounting Standard - 2 - Whether when in terms of section 80AA, deduction allowed u/s 80M is only on the amount of net dividend, a deduction is to be limited on the basis of notional expenditure, even if no expenditure is actually incurred for earning such dividend income - Whether the principle of estimated proportionate expenditure given in section 20 can be applied to section 80M, even though the latter considers only actual expenditure - Whether when expenses have been held genuine and allowed by the Tribunal based on a question of fact, the same question be appealed before the High Court on a question of law -Whether a change in the method of valuation of closing stock resulting in lowering the value of such stock, can be considered as a malafide practice to evade tax, even if the method was adopted for complying with the prescribed accounting standards.


CIT, Chennai Vs M/s Singapore Airlines Ltd (Dated: July 13, 2012)

Income Tax - Sections 194C, 194I, 194J, 201(1) & (1A) - "ejusdem generis" - ''use of land'' - Whether landing and parking charges paid by international airlines to AAI can be considered as rent, so as to attract TDS liability u/s 194-I - Whether mere landing an aircraft on airport amounts to usage of area, even though such landing is only incidental to other complex services provided by AAI - Whether payments made not in pursuance of any existing tenancy agreement, can also qualify as rent u/s 194 I -Whether landing and parking charges paid to AAI for availing complex services i.e landing, take off, navigational facilities, etc,. is in the nature of FTS u/s 194J.



CIT Vs Sericol India Ltd (Dated: August 8, 2012)

Income Tax - Section 260A - Whether it is justified to allow deduction from stock, on account of a non-moving item - Whether it is open for an assessee to deviate from the method of valuation of closing stock as prescribed by law.


M/s Unitex Products Ltd Vs CIT, Mumbai (Dated: July 30, 2012)

IncomeTax - Sections 147, 148 - Whether the Tribunal erred in law in holding that ITO's action of reopening the assessment u/s 147(b) was valid and within jurisdiction when there were some relevant informations which came to the AO's possession subsequently.


Sri P C Francis Vs CIT, Thrissur (Dated: August 14, 2012)

Income Tax - Sections 158BC, 158BD - Whether the findings can be termed as perverse when the dates on which the alleged payments were made towards the partnership firm also tallies with the date on which such partnership was entered into.


Dr K M Mehaboob Vs DCIT (Dated: July 30, 2012)

Income Tax - Sections 144, 153A, 153C - Whether the best judgement assessment completed u/s 144 gets affected merely because AO makes reference to Sections 153C and 153A, based on which preceding year's assessments were completed -Whether satisfaction is required to be recorded by the AO, who conducted the search before transferring materials or articles or things found belonging to another assessee.


CIT Vs Anil Kumar Bhatia (Dated: August 7, 2012)

Income Tax – Sections 143(1), 153A, 153B, 153C, 260A – Whether when the proceedings u/s 153A are initiated, AO is empowered to assess or reassess even the 'total income' - Whether, under the new scheme of things, there would be only one assessment order for both undisclosed as well as returned income - Whether the provisions of Sec 153A(1) remove the fetters imposed on the AO to comply with the strict procedure before assuming jurisdiction u/s 147 - Whether the time-limit presicribed by Sec 149 for issue of notice u/s 148 does not apply in such proceedings - Whether even sanction mandated by Sec 151 is not required to be taken - Whether the mere fact that the document in the form of undertaking seized during search, was not signed, can absolve the assessee from the duty of satisfactorily explaining the possession of the documents, during the course of proceedings u/s 153A – Whether the finding of facts arrived at by the Tribunal are binding on High Courts.



CIT Vs Gravs Appliance Pvt Ltd (Dated: August 6, 2012)

Income Tax - Sections 80IA, 80IB, 80IC - Whether losses incurred by non-industrial undertakings can be set off against profits of industrial undertaking eligible for Sec 80IC benefits.


Ian Peter Morris Vs ACIT, Chennai (Dated: July 25, 2012)

Income Tax - Sections 17(1)(iv), 147, 209(1)(d), 234B - Whether a sum received by the assessee with respect to non-compete agreement entered into with his employer is to be construed as a part of his salary, and thus, taxable as per the provisions of Sec 17(1)(iv).


M/s Titan Industries Ltd Vs JCIT, Chennai (Dated: August 8, 2012)

Income Tax - Sections 80AB, 80HHA, 80HHC(3)(a), 80I, 80IA, 115JA, 143(3), 207, 212, 234B, 234C - Whether section 80AB can be invoked to limit relief/deductions under chapter VIA to the total amount of income earned, without considering separate accounts for each business activity are maintained or not.


ACIT Vs Stock Exchange Ahmedabad (Dated: July 17, 2012)

Income Tax - Sections 10(23C)(iv), 11, 12, 13, Rule 17 - Whether when the assessee files details of its income in Form No 10 under Rule 17 along with the revised return before the assessment was completed, it can be said that the assessee complied with the conditions laid down for availing Sec 11 benefits.


Shri Chalasani Venkateswara Rao Vs ITO, Vijayawada (Dated: August 3, 2012)

Income Tax - Sections 45(4), 47(ii), 143(1), 271(1)(c) - Whether when assessee is paid for 50% share on dissolution of the firm, such sum is liable to capital gains.


CIT Vs Amar Ujala Publications Pvt Ltd (Dated: May 23, 2012)

Income Tax - Whether AO is justified in adopting the sales returns of 4.5% when as per the CIT(A) no case is made out by the AO for making the addition.


CIT Vs H A Management Consultants Pvt Ltd (Dated: July 31, 2012)

Income Tax - Whether order of the Tribunal deleting the addition can be interfered with when the Tribunal's order premised its reasoning entirely on a factual analysis of the materials on record without unreasonableness or manifest error of law in its approach.


CIT, Bangalore Vs M/s Mccreade Software (Asia) Pvt Ltd (Dated: March 21, 2012)

Income Tax - Sections 10A, 80HHC - Whether the deduction allowable under Section 10A of the Income Tax Act, 1961 by reducing the expenses incurred are to be excluded from the total turnover, i.e. export turnover + domestic turnover on the lines of calculation of export profit under sec 80HHC.


T M Vargheses Vs CIT, Kottayam (Dated: July 23, 2012)

Income Tax - Writ - Sections 143(1)(a), 234B, 244A - 'Kar Vivad Samadhan Scheme 1998' - Whether in case if the assessee has not objected before an income tax authority, he can turn over later in further proceedings - Whether when there is a delay in filing revision petition by the assessee himself, it is in his command to contend further.


CIT Vs M/s Virendra & Co (Dated: July 20, 2012)

Income Tax - CBDT Circular 2/2011 - Whether the ITAT is justified in deleting the addition on the ground that there cannot be any standard measure for generation of scrap while carrying out the activity of ship breaking because generation of scrap would always depend upon the type of the vessel being broken.


CIT, Mumbai Vs Reliance Industries Infrastructure Ltd (Dated: August 8, 2012)

Income Tax - Sections 115JA, 115JB, 143, 147, 148 - Whether assessment can be reopened on grounds of income escaping assessment, when the same was completed after duly accepting contentions of assessee, in view of judgment of the Supreme Court - Whether such reopening of assessment amounts to review u/s 147 of the Act.


CIT Vs Chetan Das Lachman Das (Dated: August 7, 2012)

Income Tax – Sections 132, 142(1), 145, 153A, 260A – Whether the seized material can be relied upon to also draw an inference that there can be similar transactions throughout the period of six years covered by Section 153A – Whether the ITAT is right in law in deleting the addition on account of suppressed sale value – Whether the findings of facts arrived at by the Tribunal are binding on the High Court.


CIT Vs Lachman Dass Bhatia (Dated: August 7, 2012)

Income Tax – Sections 132, 142(1), 153A – Whether the seized material cannot be

used against the assessee for completing the assessment u/s 153A when the same were seized from a different person and there was no nexus between that person and the assessee – Whether addition can be made on the basis of the seized documents which relate to a subsequent period and not to the years under consideration.


CIT, Mysore Vs M/s Glowtronics Ltd (Dated: August 3, 2012)

Income Tax - Sections 80HHC, 268A - Whether by introduction of section 268-A, the hike in the monetary limit for filing appeals applies to even pending appeals with the HC.


CIT Vs Western Outdoor Interactive Pvt Ltd (Dated: August 14, 2012)

Income Tax - Sections 10A, 147, 148 – Whether when there is no substance in the Revenue's allegation that assessee had split up its unit to set up a new unit for export of software, Sec 10A benefit cannot be denied.


CIT, Mumbai Vs M/s Cello Plast (Dated: July 27, 2012)

Income Tax – Section 54EC – Whether when the tax-exempt bonds were not available during the entire period of six months after the accrual of long-term capital gains, the assessee cannot claim Sec 54EC benefits on investments made later in REC bonds –Whether the assessee can be expected to perform the impossible – Whether Revenue can force the assessee to invest only in the bonds of one in preference to the other.



M/s Empee Distilleries Ltd Vs ACIT, Chennai (Dated: August 8, 2012)

Income Tax - Sections 16, 17, 37(1), 40(a)(i), 40A(3), 133(6), 194 - Whether when the authenticity of the transactions is unascertained, any disallowance of cash expenditure u/s 40A(3) is warranted - Whether when there are concurrent findings of lower authorities, not being prima facie incorrect, on disallowing payments made to employees for disbursements to undisclosed third parties, the same requires any interference.


CIT Vs M/s Garware Plastics & Polyester Ltd (Dated: August 3, 2012)

Income Tax - Section 35(B) - Whether interest paid on packing credit loan for export can be allowed for weighted deduction u/s 35B.


CIT, Bangalore Vs M/s Vesesh Infotechnics Ltd (Dated: August 1, 2012)

Income Tax - Sections 80-IA, 80-IB – Whether the genuineness of the business activities at a new Industrial Unit for the purpose of deduction u/s 80-IA and 80-IB can be doubted when the Sales Tax authorities after verifying the entire records have given exemption.


Director Of Income Tax (CIB) Vs Ravi Vijay (Dated: July 9, 2012)

Income Tax - Writ - Sections 116(c), 156, 246A(1)(q), 253(1)(c), 271FA, 272A -Whether an appeal against the penalty imposed u/s 271FA by the CIT lies before the CIT(A), an officer of the same rank.


M/s K H Floor Gallery (P) Ltd Vs ACIT, Palakkad (Dated: July 9, 2012)

Income Tax - Sections 40(a)(ia), 41(1), 68, 260A - Whether when the assessee provides limited or incomplete information about persons making advance payments in cash for the goods to be purchased; any addition can be made on this count.


CIT, Chennai Vs M/s Vasan Publications Ltd (Dated: July 20, 2012)

Income Tax - Section 37(1) - 'for the purpose of business' , 'for the purpose of earning profits' - Whether it is necessary for a commercially viable decision to arise out of commercial expediency - Whether commercially viable and commercially prudent decisions are interchangeable terms for claiming deduction - Whether, to claim an expenditure on the ground of commercial expediency, it is not enough to say that it was a prudent or viable commercial decision.



M/s Ing Vysya Bank Ltd Vs CIT, Bangalore (Dated: July 6, 2012)

Income tax – Wr it – Sections 245C, 245D, 245H – Whether when the High Court has observed that the granting of immunity from prosecution and penalty had not been scrutinized by the Settlement Commission, the matter can be remanded back to the Settlement Commission.


CIT Vs Apollo Hospitals International Ltd (Dated: July 5, 2012)

Income Tax - Sections 133A, 192, 194J, 201(1), 201(1A) - Whether when consultant

doctors rendering services to the hospitals are not covered by service benefits and are required to take their own professional indemnity insurance, the payments made to them are not liable to TDS u/s 192.


Berger Paints India Ltd Vs CIT, Kolkata-IV (Dated: May 17, 2012)

Income Tax - Sections 43B, 80-O, 80HHC - Whether mere pendency of the appeal in connection with computation of deduction u/s 80HHC before the Supreme Court can be a ground for taking different decision by this Court to accept the contention of the assessee.


CIT, Mumbai Vs Sunita Makhija (Dated: July 24, 2012)

Income Tax - Sections 132, 260A - Whether any addition as undisclosed income can be made merely on the basis of a piece of paper showing higher value of the property, which the assessee had purchased - Whether when the appellate authorities have not doubted the authenticity of the gift, even then an addition can be made.


M/s The United Nilagiri Tea Estates Co Vs DCIT, Coimbatore (Dated: July 17, 2012)

Income Tax - Section 145 - Whether when interest income has become irrecoverable, the same is to be taxed on accrual basis u/s 145.


M/s Thanjavur Textiles Ltd Vs JCIT, Chennai (Dated: July 17, 2012)

Income Tax - Sections 43B, 139(1) - Whether 'deemed payment' is sufficient to claim deduction on 'payment basis' u/s 43B - Whether for the purpose of claiming deduction on payment basis, deposit of payable amount in a seperate bank account is sufficient - Whether 'creation of an irrevocable trust' is necessary to claim deduction on 'payment basis'.


CIT, Chennai Vs T M Abdul Rahaman & Sons (Dated: July 17, 2012)

Income Tax - Sections 80HHC(4A)(baa), 254(2) - Whether when the Tribunal fails to take into account an amendment made in the relevant section and happens to grant relief to the assessee, such an order constitutes a mistake apparent - Whether consideration of the relevant amendment would amount to review of the order.


M/s Sapthagiri Finance & Investments Vs ITO, Kandhipuram (Dated: July 17, 2012)

Income Tax – Sections 45, 143(2) – Whether the capital gain has to be assessed in the hands of the firm even though the properties belonged to the partners and the same was transferred by the partners in their individual capacity - Whether partners and firm are not distinct and as such the transfer made by the partners in their individual capacity is deemed to be the transfer made by the firm - Whether there cannot be any Estoppels against law and as such notice u/s 143(2) has to be issued within the prescribed time limit even assuming that there was waiver of such notice –Whether in completing the assessment u/s 148 of the Act, compliance of the procedure laid down u/s 142 and 143(2) is mandatory.


M/s Parry-Agro Industries Ltd Vs JCIT, Ernakulam (Dated: July 9, 2012)

Income Tax – Sections 32AB, 37(4), 80HHC – Whether for the purpose of deduction u/s 80HHC , the total turnover of the assessee is to be taken only for the unit involved exclusively in export business – Whether interest income and tea subsidy is to be excluded in the computation of profit of the eligible business for granting relief u/s 32AB of the Act - Whether depreciation on guest house is liable to be disallowed u/s 37(4) of the Act – Whether, depreciation, being an eligible deduction u/s 32, cannot be disallowed u/s 37(4) of the Act even if such a depreciation is on the guest house.


CIT Vs M/s Neelkanth Ispat Udhyog Pvt Ltd (Dated: July 30, 2012)

Income tax – Sections 68, 131 – Whether when there is a clear-cut pattern in fund infusion for share allotment, and the financial details provided are sketchy coupled with the share applicants not responding to the summons u/s 131, AO is justified in making additions u/s 68 - Whether in such a case even if the assessee is not allowed to cross-examine the individuals giving statements, no infirmity can be alleged in the AO's order.


CIT Vs Delhi State Industrail & Infrastructure Dev Corp Ltd (Dated: August 6, 2012)

Income Tax - Section 43(1) - Whether the maintenance amount collected by the Assessee carries the character of income.


CIT Vs M/s Ambience Developers And Infrastructure Pvt Ltd (Dated: July 27, 2012)

Income Tax - Sections 132, 142A, 145(3) - Whether it is necessary for the AO to first reject the books of account before making a reference to the DVO - Whether when the variation in the valuation returned and submitted by the DVO is minor, no addition is called for.


CIT, Jamshedpur Vs Arun Kumar Agarwal (HUF) (Dated: July 13, 2012)

Income Tax - Section 45 - Whether when a broker is found to be indulging in tainted transactions, every transaction of such a broker is be treated as sham transaction -When when the assessees had some of the shares purchased in the past, merely because there are steep rise in the prices of such shares, transactions cannot be said to be bogus.


CIT Vs D D Gears Ltd (Dated: August 3, 2012)

Income Tax – Sections 113, 132, 158BC – Whether proviso to Section 113 inserted by Finance Act 2002 with effect from 01.06.2002 is clarificatory in nature and therefore retrospective – Whether the seized material should be followed in its entirety and both the receipts and the payments are to be taken into consideration before making any block assessment.


Abhiyog Holdings Pvt Ltd Vs ITO (Dated: July 16, 2012)

Income tax - Writ Petition - Sections 143(3), 147, 148 - Whether when the assessing officer has already allowed the claim of the assessee in the regular assessment, it cannot issue notice for reopening the assessmet on the basis of the same documents merely on the basis of change of opinion.

2012-TIOL-598-HC-PATNA-IT

Shyam Bihari Vs CIT, Muzaffarpur (Dated: May 7, 2012)

Income Tax – Sections 44(A)(D), 145(3) – Whether interest accrued on the investment of amount in fixed deposits by the assessee only to provide a bank guarantee to the contractee in order to acquire the contract work is assessable as income from “other sources” or as “business income” - Whether the Revenue authorities can take guidance by the principles underlying Section 44(A)(D) of the Act even when that Section is not applicable to the case of the assessee when his gross contract receipt was well above Rs. 40 lakhs - Whether the element of depreciation has also to be considered in estimating the income from execution of works contract.


CIT Vs Sai Distributors (Dated: July 23, 2012)

Income Tax - Whether the addition in respect of liability of Prize Winning Tickets payable is justified when the assessee is neither responsible for the sale of tickets to the customer nor is obliged to pay the prize winners.


Nicco Uco Alliance Credit Ltd Vs DCIT, Chenai (Dated: July 24, 2012)

Income Tax - Sections 36(1)(vii), 143(3) - Whether, for the purpose of Sec 36(1)(vii), it is necessary for the assessee to effect simultaneous reduction from asset aside in the balance sheet while debiting in P & L account - Whether assessee can write off only a portion of bad debt.


Harshadbhai Naranbhai Bagadia Vs ACIT (Dated: July 16, 2012)

Income tax – Writ – Sections 148, 194 – Whether when the turnover of the assessee being an individual does not exceed statutory limits for audit, he is not required to deduct tax at source under proviso to subsection (2) of Section 194C and thus the reassessment proceedings without any valid 'reason to believe' is void ab initio.


CIT, Cochin Vs Harrisons Malayalam Financial Services Ltd (Dated: August 3, 2012)

Income Tax - Section 28 - Whether carried forward business loss can be set off against dividend income returned under the head 'other sources' - Whether dividend income can be treated as business income for the purpose of setting off carried forward business income.


MD Serajuddin & Brothers Vs CIT (Dated: May 17, 2012)

Income tax – Sections 5, 29, 40(b)(v), 110, 143(1)(a), 154 – Whether while computing the amount allowable u/s 40(b)(v) as remuneration to partners, the net profit will include the income from other sources also and not the income from business alone – Whether when the issue of determination of the net profit is a debatable, the assessing officer exceeded his jurisdication by making rectification u/s 154 of the Income tax Act.



CIT Vs ITAT (Dated: August 3, 2012)

Income Tax – Sections 143(3), 254(1), 263 – Whether ITAT has the power to stay assessment proceedings pursuant to the direction by the Commissioner of Income Tax u/s 263 for revision of order of the Assessing Officer – Whether the rule of estoppel and the principle of res judicata is applicable where the question involved is the competence or the jurisdiction of an authority or Court over the subject matter.


Bhupatlal J Sheth Vs ITO, Mumbai (Dated: July 10, 2012)

Income tax – Writ - Sections 179, 264 – Whether while passing the order u/s 179, the assessing officer is required to give the petitioner an opportunity to examine the action taken for recovery of demand from the company in which he is a non executive director before recovery of demand of company from him and a prejudice was caused to the petitioner due to non giving of a personal hearing before passing the order –Whether the order made u/s 264 which is not a speaking order is rightly quashed.


ICICI Home Finance Co Ltd Vs ACIT, Mumbai (Dated: July 20, 2012)

Income Tax - Sections 40(a)(ia), 115JB, 143(3), 147, 148, 200(1), 271C-'Constitution of India' - 'Article 226' - Whether reassessment can be initiated on the basis of audit objections - Whether when reassessment is undertaken without any material on record, it can be said to be a change of opinion.


CIT, Mumbai Vs M/s Sheth Developers Pvt Ltd (Dated: July 27, 2012)

Income Tax - Sections 32(2), 69, 69A, 69B, 69C, 80IB(10), 132, 158B, 158BB, 260A -Whether deductions u/s 80IB can be allowed from the undisclosed income found during search - Whether the business income found during search operations, can be treated as unexplained for the purposes of sec 69.


ACIT, Raipur Vs Shriram Dhuppad, Ms Chhattisgarh Auto Care (Dated: June 11, 2012)

Income Tax - Sections 132, 139, 143(3), 158BC, 260A - Whether when the court once admits an issue as a question of law, the same can be later rejected as having no substantial question of law - Whether when there is no incrimianting evidence on record, any addition can even then be made.


M/s Lavish Apartment P Ltd Vs CIT (Dated: July 23, 2012)

Income tax – Section 72(1) – Whether when the assessee carries forward business loss, the same has to be necessarily set off against business profits and not income under other heads in the subsequent year - Whether I-T Act is silent on the issue of setting off carried forward business loss against business profits in subsquent years -Whether, for the purpose of setting off carried forward business loss, rental income and income from other sources also represent business profit of the assessee.



CIT Vs Pawan Kansal (Dated: July 26, 2012)

Income Tax - Sections 80IA(1), 80IA(5), 80IA(7), 80IB(3) - Whether for the purpose of Section 80IB(3), investment in two units has to be taken into consideration on a combined basis or investment in only one unit is to be taken into consideration as if it is the independent unit and the only source of income.


CIT, Patiala Vs M/s Santosh Structural & Alloys Ltd (Dated: March 26, 2012)

Income Tax - Sections 2(11), 2(28A), 2(29B), 2(42A), 50, 154 - Whether when assessee has not claimed any depreciation on one set of plant and machinery not in use, the same can still be treated as part of 'block of assets', and thus, can be assessed u/s 50 for capital gains arising on transfer.



CIT Vs DLF Office Developers (Dated: July 18, 2012)

Income Tax - Sections 22, 23(1), 24, 24(a) - Whether if the maintainence charges are incurred by the tenants and paid to some distinct corporate entity, it can still be included in the income of the owner of property.


Shriram Scientific & Industrial Research Foundation Vs CBDT (Dated: July 25, 2012)

Income Tax - Writ Petition - Section 35(1)(ii) - Whether the CBDT if not satisfied with the claims of the petitioner u/s 35(3) can decide the matter itself rather than referring the issue to the Central Govt.


M Loganathan Vs ITO, Erode (Dated: July 18, 2012)

Income tax – Sections 251, 245C, 245D – Whether when the assessee has withdrawn its appeal filed before the CIT (A), the Tribunal is justified in confirming the order of the CIT (A) treating the appeal as infructuous without considering the fact that once the machinery of the appeal jurisdiction is set in motion, there is no stopping of such machinery on any account – Whether when the appeal is withdrawn by the assessee without objection raised by the Revenue, if a contingency of the nature contemplated u/s 245D(6) is to arise, then the power of the Appellate Authority u/s 251 to enhance the assessment thus available, the question of considering the withdrawal with orwithout objection from the Revenue does not arise.


M/s Kaveri Associates Vs ACIT, Bangalore (Dated: July 10, 2012)

Income tax – Sections 68, 147, 148 – Whether when one of the partners of the firm

accepted that the amount was given on loan from the funds of the firm, the assessing officer has rightly initiated reassessment proceedings for taxing the source of the amount lent when the firm has not filed its return for any assessment year – Whether when the partner admitted that the amount was given on loan was from the firm, addition is rightly made u/s 68 rejecting the subsequent plea that it was taken from 14 persons and given as loan.


Milan Poddar Vs CIT, Ranchi (Dated: July 18, 2012)

Income tax – Sections 143(2), 271(1)(b), 282, 292BB – Whether when there is no proof that the notice sent u/s 143(2) through speed post has not returned to the department, it cannot be said that the notice was duly served even though there is no evidence of service – Whether when the assessee raised an objection before the assessing officer u/s 292BB before passing the assessment order, the AO cannot take help of section 292BB as deemed service of notice – Whether when the tribunal reversed the order of the CIT (A) for cancelling the assessment due to non service of notice u/s 143(2) within the stipulated period, the tribunal was required to remand the matter on merits to CIT (A).


CIT Vs M/s DCM Shriram Consolidated Ltd (Dated: July 30, 2012)

Income tax – Revenue loss or capital loss – Whether when assessee makes advances to the supplier of raw materials for uninterrupted supply, writting off the same in the books as business loss can be allowed as business expenditure.


CIT Vs M/s Delhi State Industrial & Infrastructure Development Corporation Ltd (Dated: July 27, 2012)

Income Tax - Section 2(24) - Whether interest paid on income-tax refund bears the character of income and is, therefore exigible to tax - Whether such income can be taxed as 'income from other sources'.


Jain Grani Marmo (P) Ltd Vs ITO, Udaipur (Dated: May 10, 2012)

Income Tax -Section 10B - Whether when the case is decided in favour of the assessee on remand by the Tribunal, any appeal against the remand order before the HC is sustainable.

2012-TIOL-574-HC-ALL-IT-LB

CIT, Kanpur Vs Sri Devesh Singh (Dated: July 23, 2012)

Income Tax - Sections 132, 132A, 143(3), 153A, 153C, 292C, 292CC - Whether when the warrant of authorisation for search is issued jointly u/s 132, it is necessary for the

AO to pass a single assessment order - Whether, in view of the amendment vide Finance Act, 2012, AO is empowered to make separate assessments in such a case.


Govt. of India Vs M/s Orient Vegetax Pro Ltd (Dated: July 13, 2012)

Income tax – Writ Petition – Sections 32, 72A - Whether the BIFR is authorized to give concession under section 72A of the Income tax Act itself even after amendment w.e.f. 01.04.2000 and is not required by the assessing officer to examine the said aspect of concession.


M/s Ing Vysya Bank Ltd Vs ACIT, Bangalore (Dated: July 6, 2012)

Income Tax - Sections 245C, 245D - Whether it is possible to get premature relief from High Court, even if the assessee is at a liberty to seek relief from Settlement Commission.


CIT Vs Expo Globe India Ltd (Dated: July 20, 2012)

Income Tax - Sections 68, 147, 234B, 234D, 260A - Whether when assessee is prevented by justified reasons from presenting evidences before an authority, the higher authority can consider those evidences for the benefit of the assessee -Whether the primary onus for reopening the assessment is on the assessee - Whether addition on account of share application money received can be made, even if the names and creditworthiness of the parties is proved - Whether interest on excess refund can be levied in case of premature appeal.


CIT, Madurai Vs M/s Venkatadhri Constructions (Dated: June 29, 2012)

Income Tax - Sections 10A, 40A(3), Rule 6DD - Whether the rigour of Sec 40A(3) can be avoided by merely claiming that the cash was deposited in the bank account of the payee.


M/s EID Parry (India) Ltd Vs DCIT, Chennai (Dated: June 26, 2012)

Income Tax - Sections 32(2), 32A(6), 35D, 43(6), 72A - Whether when unabsorbed depreciation of an amalgmating company cannot be carried forward u/s 32(2), Explanation 3 to section 43(6) can also not be applied in such a case - Whether in such a case, the appropriate section is section 43(6) r/w explanation 2(b) which allows unabsorbed depreciation to be carried forward into the books of the amalgamated company - Whether "depreciation actually allowed" in terms of explaination 2(b) of section 43(6) includes "unabsorbed depreciation" of the amalgamating company - Whether the option of carrying forward of "unabsorbed

depreciation" of the amalgmating company is also available within the scope of section 72A - Whether amalgamated company can be allowed the benefit of investment allowance, when no such allowance was created by the amalgamating company - Whether expenses incurred in raising funds for expansion projects can be amortised as preliminary expenses, when such proceeds are invested on an interim basis, pending government approval for the projects.



CIT Vs Chipsoft Technology Pvt Ltd (Dated: July 20, 2012)

Income Tax - Section 41(1) - Whether the view that liability does not cease as long as it is reflected in the books, and that mere lapse of the time given to the creditor or the workman, to recover the amounts due, does not efface the liability, though it bars the remedy was justified.


CIT Vs M/s Creative Travel Pvt Ltd (Dated: July 6, 2012)

Income Tax - Section 36(1)(ii) - Whether the payment of bonus and commission to the Employee-Directors of the assesse u/s 36(1)(ii) is justified on one of the reasons that in the past similar commission was paid to the working directors and it was never disallowed.


CIT Vs Federal Mogul TPR India Ltd (Dated: July 24, 2012)

Income Tax - Section 37 - Whether the payment of royalty @ 3% of the net ex-factory sale price is revenue expenditure.


SAK Industries Private Limited Vs DCIT (Dated: July 16, 2012)

Income Tax – Sections 142(1), 147, 148 – Whether assessment can be reopened u/s 147 after a period of 4 years from the end of relevant assessment years when the assessee had placed all the primary and relevant facts before the AO in the original assessment proceedings – Whether the duty of the assessee is limited to the disclosure of primary facts and does not extend to advising the AO as to what inferences, factual or legal, he should draw from the disclosed facts.


DIT, Bangalore Vs M/s Venkatesha Education Society (Dated: July 10, 2012)

Income Tax - Sections 10(22), 12A - Whether some shortcomings on the part of the Society, in the manner of its functioning can be the basis for refusal for registration u/s 12A.


CIT Vs Independent Media Pvt Ltd (Dated: July 20, 2012)

Income Tax - Section 68 - Whether Section 68 casts any burden on the AO to establish with the help of material on record that the share monies had come or emnated.


CIT, Chennai Vs M/s Ashok Leyland Finance Ltd (Dated: June 28, 2012)

Income Tax- Section 145(1) - Whether when once the Revenue had accepted the character of the transaction as hire purchase transaction, the income that flows from the transaction can be given different treatment other than what was given under the hire purchase agreement.


CIT, Chennai Vs M/s Forbes Campbell Finance Ltd (Dated: July 9, 2012)

Income Tax - Sections 143(3) - Whether it is necessary to make a warranty provision on the basis of a historial trend - Whether deduction for such provision can be claimed only if a sensible estimate has been made.


CIT, Chennai Vs M/s NEPC India Limited (Dated: July 7, 2012)

Income Tax - Sections 115A, 115J, 115 JA, 139(5), 143(1), 143(2), 246A, 247, 248 -Companies Act, 1956 - Sec 209A - Whether while computing the book profits u/s 115JB, AO has limited power to increase or decrease net profit only - Whether the book profits as computed u/s 115JB is same as income computed under the provisions of Companies Act, 1956 - Whether when the accounts are corrected by ROC, the mere fact that the results are negative can not take away the correctness of the results projected - Whether in case of revised accounts, it is always presumed that intention was to avoid tax liability.


Ajay Guliya Vs ACIT, New Delhi (Dated: July 16, 2012)

Income Tax - Sections 45(1), 48 - Whether the entire income by way of capital gains is chargeable to tax in the year in which the transfer of share took place when the agreement provides for payment of the balance of consideration upon the happening of certain events.


CIT Vs Sarla Fabrics Pvt Ltd (Dated: July 20, 2012)

Income Tax - Sections 45(1), 48 - Whether the entire income by way of capital gains is chargeable to tax in the year in which the transfer of share took place when the agreement provides for payment of the balance of consideration upon the happening of certain events.


CIT Vs M/s Kribhco Ltd (Dated: July 18, 2012)

Income Tax – Sections 2(45), 14A, 80A, 80B(5), 80AB - “do not form part of the total income under this Act” - Whether provisions of Sec 14A do not apply to deductions admissible to the assessee as per Chapter VIA - Whether scissors of Sec 14A come into play only when an income is not included in the total income as per the provisions of Chapter III - Whether no disallowance can be made against income which is not specifically exempt under the Income Tax Act.



CIT, Chennai Vs M/s PVP Ventures Ltd (Dated: June 19, 2012)

Income Tax – Sections 37(1), 263 – Whether every erroneous order of the Assessing Officer can be revised by the Commissioner of Income Tax in terms of section 263 of the Act – Whether income arising to the assessee on foreign exchange fluctuation from issue of GDR is a revenue receipt – Whether Staff Welfare expenditure incurred by the assessee in respect of Employees Staff Option Plan as per SEBI guidelines, is a contingent liability and hence not allowable as expenditure in computation of income.


CIT Vs Force Motors Ltd (Dated: July 6, 2012)

Income Tax - Sections 43B, 260A - "Furniture and fixture" - “Plant and machinery” -Whether it is correct in law to disallow excess provision created on free services provided by the service provider - Whether higher depreciation can be claimed by the assesssee on the basis of mere change in 'Fixed Asset head'.


Gateway Distriparks Ltd Vs DCIT (Dated: July 5, 2012)

Income Tax - Writ - Sections 80IA(4), 80J, 143(3), 148, 148A - Whether reassessment initiated on the basis of disallowance made in previous AY, which was held invalid in view of a decision, not challenged by the Revenue is sustainable.


CIT Vs Deutsche Post Bank Home Finance Ltd (Dated: July 2, 2012)

Income Tax - Section 2(24) - "Subvention assistance", "purposive test" - Whether voluntary cash assistance received from parent company for recouping losses and restoring negative net worth, is a capital receipt, exempt from tax - Whether only

assistance or voluntary payments received from government out of public funds and not from private parties, is considered as capital receipt - Whether it is only the purpose of the assistance and not the mechanism, is the conclusive test to determine the nature of such receipts.



DCIT Vs Sayaji Industries Ltd (Dated: July 3, 2012)

Income Tax – Sections 153A, 263, 264 – Whether the assessment proceedings initiated by the assessing officer after a number of years pursuant to the remand order of the Tribunal would be covered by period of limitation prescribed in section 153(2A) and hence has to be treated as being barred by limitation if the assessment order was passed beyond the limitation date prescribed therein.


Priti Marine Pvt Ltd Vs ACIT (Dated: July 10, 2012)

Income Tax - Writ - Sections 147, 148 - Whether when on the basis of material available with the AO, the AO found that books were not reliable and liable to be rejected; further proceeding in terms of section 147 can be scuttled in Writ Jurisdiction.


CIT, Mumbai Vs Kamal Kumar Johari (Dated: July 9, 2012)

Income Tax - Section 260A - Whether an application for condonation of delay of 2046 days can be allowed and matter be restored when the appellant who had taken steps to prosecute the appeal, legitimately expected the appeal to come up for admission on account of the objections having been removed.


Dinkar U Desai Vs CIT (Dated: July 3, 2012)

Income Tax - Writ - Sections 132(4A), 143(3), 158BC - Constitution of India - Art 226 - Whether when proceedings are pending before lower authorities on remand, even then writ can be entertained.


CIT Vs Societex (Dated: July 19, 2012)

Income Tax - Section 271(1)(c) - Whether penalty u/s 271(1)(c) is sustainable when the CIT(A) as well as the Tribunal had held in favour of the assessee on the ground of bonafide mistake.


Dr Smt P K Vasanthi Rangarajan Vs CIT, Chennai (Dated: July 6, 2012)

Income Tax – Sections 2(47)(v), 45, 54F, 54E - Whether handing over of possession of the property under consideration by the assessee to the developer for development of the property under the development agreement would fall within the purview of Section 2(47)(v) of the Act and therefore capital gains would be liable to tax in the previous year in which the transfer took place - Whether benefit of exemption u/s 54F of the Act is not allowable on another residential house held in joint name by the assessee.


Ashok Jyot Oxygen Pvt Ltd Vs H N Patel (Dated: June 18, 2012)

Income Tax - Writ - Sections 143(1), 147, 148 - Whether the assessment can be reopened after four years on the reason that the expenditure incurred by the petitioner before the commencement of production was preoperative as the work in progress was of capital nature and not revenue expenditure as claimed by the petitioner.


Instruments And Control Company Vs CCIT (Dated: June 18, 2012)

Income Tax – Sections 153(2A), 250 – Whether the assessment proceedings initiated by the assessing officer after a number of years pursuant to the remand order of the Tribunal would be covered by period of limitation prescribed in section 153(2A) and hence has to be treated as being barred by limitation if the assessment order was passed beyond the limitation date prescribed therein.


Prem Conductors Pvt Ltd Vs ITO (Dated: July 2, 2012)

Income Tax - Writ - Sections 80IB, 115JB, 143(3), 147, 148 - Whether the reopening of assessment, after the expiry of four years, is valid when the AO has not come across any new material, which the petitioner had failed to disclose.


Gujarat Urban Co-Operative Bank Federation Vs UoI (Dated: June 12, 2012)

Income Tax - Writ Petition - Sections 119, 194A(3) - Whether the powers u/s 119 empower the Board to issue clarification which would take away the exemption which has been granted by the statute.



Hi-Choice Processors Pvt Ltd Vs DCIT (Dated: July 2, 2012)

Income Tax - Sections 147, 148 - Whether assessment can be reopened u/s 147 after four years on the reason that the assessee has understated the turnover which needs to be investigated in depth.


Dhara Vegetable Oil & Foods Co Ltd Vs DCIT (Dated: July 10, 2012)

Income Tax Act, 1961 – Sections 35(1)(i), (ii) & (iv), 36(1)(iv), 143(3), 147, 148, Rules 5C, 5E – Income Tax Act, 1922 - Section 297(2)(k) - Whether when the inquiry is dropped after the assessment is completed based on thorough scrutiny of records, such assessment can still be reopened after the expiry of four years - Whether expenditure on scientific research already allowed, can be disallowed at a later stage, when the AO after due application of mind had previously found no reasons for disallowing such deductions - Whether assessee's claim of a favourable judgment passed by a non jurisdictional High Court is tenable, when the jurisdictional High Court has not expressed an opinion on the same issue – Whether assessment can be reopened, merely because the notifications relied upon by the assessee for claiming deductions, were not produced on record during the original assessment – Whether approvals granted under the Income Tax Act, 1922 to educational institutions for conducting scientific research, is valid under the present Act.



Dishman Pharmaceuticals & Chemicals Ltd Vs DCIT (Dated: July 2, 2012)

Income Tax - Sections 147, 148 - Whether assessment can be reopened u/s 147 after four years for the purpose of verification as to whether or not the petitioner has fulfilled the conditions laid down by the amended provisions of section 80HHC.


DCIT Vs Rajesh Malleables Ltd (Dated: July 10, 2012)

Income Tax - Sections 35AB, 37(1) - Whether provisions contained in section 35AB of the Act would apply to a revenue expenditure if the same is incurred for acquisition of technical know-how.


Sun Pharmaceutical Industries Ltd, SPARC Vs ACIT (Dated: July 2, 2012)

Income Tax - Writ - Sections 147, 148 - Whether mere objection of the audit party, without there being any additional material on record, to the belief that income chargeable to tax has escaped assessment, can be the basis for reopening of the assessment beyond a period of four years.


CIT, Mumbai Vs M/s Janhavi S Desai (Dated: July 5, 2012)

Income Tax - Sections 2(42A), 49 - Whether the expression 'previous owner of the property' in Sec 49 does not refer to the person from whom the assessee acquired the property if the same person had also acquired the property by a mode referred to in clauses (i) to (iv) of Sec 49(1) - Whether when the assessee's father inherited the property from his father in 1942 and the same was transferred to him along with his mother after his death, and the mother's share was also transferred to him on her death, the assessee can be deemed to have held the property prior to 1.4.1981.


CIT, Bangalore Vs M/s Gayathri Enterprises (Dated: July 4, 2012)

Income Tax - Sections 45, 158B - Whether in a matters where a finding is based on a reading of the contents of a couple of documents and its inference, which becomes a finding and if more plausible views or inferences can be drawn can such matters required to be examined u/s 260A.


Shibani Dutta Vs CIT (Dated: July 12, 2012)

Income Tax - Section 158BE (1)(b) - Whether there is scope for invoking Explanation-1(iii) to Section 158BE to extend the period of limitation when neither Section 129 nor its proviso gets attracted and there is nothing on record to show that the assessee made any request or demand that the previous proceedings, if any, should be reopened or that before any order of assessment is passed against her, she should be reheard.


NYK Line (India) Ltd Vs DCIT (Dated: February 10, 2012)

Income Tax – Section 143(3), 147 - 'Container Detention Charges ' - Whether assessment can be reopened on a mere change in opinion, when no new material fact is found in the subsequent assessment years, though reopening was sought prior to the expiry of the period of four years – Whether income of an assessment year can be said to have escaped assessment, when the assessment was completed u/s 143(3) based on complete disclosure made by the assessee pertaining to the nature of payments made on the account of Container Detention Charges – Whether such action of reopening assessment by the AO amounts to review under the garb of reassessment.


CIT, Bangalore Vs M/s Epsilon Advisers Pvt Ltd (Dated: June 13, 2012)

Income Tax – Section 36(1)(vii) - Whether when assessee engaged in telecom consultancy, earns some interest on inter-corporate deposits, it can be said that it was carrying money lending activity, and deduction for irrecoverable bad debt is allowable.



SAK Industries Pvt Ltd Vs DCIT, New Delhi (Dated: February 16, 2012)

Income Tax - Sections 143(3), 147, 148 - Whether the AO is under obligation to consider a preliminary objection challenging initiation of reassessment proceedings, first and then proceed with the assessment on merits.


Mahavira Foundation Vs DGIT (Dated: July 4, 2012)

Income Tax - Sections 10(23C)(vi), 12A, 154 - Constitution of India - Article 226, 227 - Whether it is justified to rebut the application for approval u/s 10(23C)(vi), when the revenue authority has not exercised a rational approach in analysing supporting documents - Whether it is allowed to produce fresh claims before revenue authority, in case a revised application for approval u/s 10(23C)(vi) is presented.


M/s Omaxe Ltd Vs ACIT (Dated: July 13, 2012)

Income Tax – Writ - Sections 80IB(10), 142(1), 147, 148, 245C, 245D – Whether once the Income Tax Settlement Commission has passed a final order of settlement u/s 245D (4), the assessment becomes conclusive and final and the AO has no jurisdiction to reopen any matter relating to that AY u/s 148 of the Act.


CIT Vs Shonkh Technology Ltd (Dated: July 10, 2012)

Income Tax - Sections 47, 143(3), 147, 148 - “reasons to believe” - Whether 'non filing of return' is not a sufficient 'reason to believe' for reopening of an assessment u/s 147 - Whether in case if an income tax authority has proceeded to take a narrow view of the facts of the case, a higher authority can announce the decision against revenue also.


Krishak Bharati Cooperative Ltd Vs DCIT (Dated: July 12, 2012)

Income Tax – Section 37(1) – Rule of consistency - Whether the amortization of lease premium paid by the assessee for a period of 90 years is revenue expenditure –Whether the rule of consistency is applicable in every case, more so when the point of view of the Revenue was contrary to law in earlier year, although in favour of the assessee.



CIT, Bangalore Vs Ecom Gill Coffee Trading Pvt Ltd (Dated: July 5, 2012)

Income Tax – Section 254(2A) – Whether the Tribunal has powers to extend the assessee's application for stay of outstanding demand beyond a period of 365 days.


Vodafone Essar Gujarat Ltd Vs ACIT (Dated: July 2, 2012)

Income Tax – Sections 147, 148 – Whether the completed assessment cannot be reopened beyond a period of four years in the absence of failure on part of the assessee to disclose truly and fully all material facts – Whether the assessment can be reopened beyond a period of four years from the end of relevant assessment year, even if the entire issue, for which the reassessment notice was issued, was examined threadbare by the AO while framing the original assessment.


CIT, Mumbai Vs ICICI Bank Ltd (Dated: July 9, 2012)

Petitioners could not point out any legal provision requiring the authorities to first adjudicate the notice issued regarding confiscation and then only they could have issued the show cause notice regarding recovery of dues and penalty – contention raised is wholly misconceived – Writ Petition dismissed: High Court [paras 6, 7, 9, 10, 12 & 13]



CIT Vs M/s Nahar Spinning Mills Ltd (Dated: July 6, 2012)

Income Tax – Sections 80HHC, 80I, 115J, 143(1)(a), 143(3), 147, 234B –Constitution of India - Art 141 - Whether when assessment is made for the first time u/s 147 it is to be construed as a regular assessment - Whether when taxable income is enhanced either under Ss 147 or 263, assessee is liable to pay interest u/s 234B.



CIT Vs M/s Consolidated Photo & Finvest Ltd (Dated: July 2, 2012)

Income Tax – Sections 14A, rule 8D – Whether when assessee earns tax-exempt income and makes disallowance of its expenditure u/s 14A on its own, the AO can further make disallowance on the ground that not enough disallowance was made as per Rule 8D.


Shri Uday Punj Vs CIT, New Delhi (Dated: July 9, 2012)

Income Tax - Sections 2(47), 45 - Whether lower rate of capital gain tax is payable only in case of listed securities - Whether when shares were transferred to the assessee in the public offer before they were actually listed later, such shares are not listed securities.


M/s Jetu Steels Vs DCIT (Dated: May 10, 2012)

Income Tax - Sections 14A, 68, Rule 8D - CoD - Whether when assessee's CoD application details reasons for delay in filing appeal, Tribunal can dismiss the case without going into the reasons furnished.


Sri N Narasimaiah Vs DCIT, Bangalore (Dated: June 13, 2012)

Income Tax - Section 68 - Whether when there are concurrent findings of the AO and the CIT(A) that the cash credits indicated in the assessee's books were not genuine, any fault can be attributed when the Tribunal confirms the addition.

2012-TIOL-504-HC-AHM-WT-LB

AIMS Oxygen Pvt Ltd Vs CWT (Dated: August 2, 2011)

Wealth Tax – Sections 7, 10, 16A – Whether for the purpose of wealth tax, the property has to be valued on the basis of the valuation based on compensation receivable under the Urban Land [Ceiling & Regulation] Act, 1976 or has to be taken at the market value.


Ashian Needles Pvt Ltd Vs CIT (Dated: July 6, 2012)

Income Tax – Sections 143(3), 147, 148, 253(1) to (5), Rules 27, 46A - “per directum” - “per obliquum”- “indirect contrivance”- “complete justice” - “shift or contrivance “– Whether if a certain action is prohibited by law to be done, can it be done through illegal means – Whether it is correct in law to consider fresh evidence by ITAT, when the issue has been remanded by the HC.


Go Airlines Pvt Ltd Vs UoI (Dated: July 10, 2012)

Income Tax - Writ - Section 10(15A), -'Transfer of Property Act' sec 5 - 'Sale of goods Act' sec 4,6 - " jus in personam ", " jus in rem " - Whether existence of aircrafts on the date of entering into agreement is essential for availing Sec 10(15A) benefits -Whether if the aircrafts are not in existence on the date of transfer, the agreement is to be construed as only an "agreement to sell" and not 'sale'.


CIT Vs RL Traders (Dated: July 10, 2012)

Income Tax - Sections 132, 153A - Whether the Tribunal's approach in confirming the CIT's order which had deleted the addition made on account of unsecured loans by the AO and the interest component is correct when the Tribunal did not display the diligence and record its satisfaction that the CIT (A) reasoning overturning the AO findings were sound and justified.


CIT Vs T S Tech Sun India Ltd (Dated : July 3, 2012)

Income Tax – Whether expenditure incurred on repair roofs of the factory building is revenue in nature - Whether even if no new asset comes into being, such expenditure on maintenance is to be treated as capital in nature.


CIT Vs Shri Amitabh Bachchan (Dated : July 5, 2012)

Income Tax - Section 69C, 143(3), 147, 148, 260A - Whether when the claim for ad hoc expenses in an assessment year was withdrawn by the assessee and the assessment was completed, can the AO later on initiate proceedings u/s 147 on the ground that such ad hoc expenses were unexplained and escaped assessment -Whether the AO can carry out a review under the garb of reassessment.


CIT, Mumbai Vs M/s Ray Bel Consortium (Dated : June 25, 2012)

Income Tax - Sections 40A(2), 143(1) & (3), 241 - Whether when a consortium is formed to meet the conditions of the bid floated, and the profits are shared among the consortium members, any disallowance u/s 40A(2) can be made on the ground that the consortium was a device to avoid or evade tax.


Shanker Trading (P) Ltd Vs CIT (Dated : July 9, 2012)

Income tax - Sections 2(41), 37(1), 40A(2) - Whether when a part of the steep hike in lease rental is attributable to modernisation of plant ana machinery, even then such expenditure is revenue in nature - Whether the enhancement in lease rent, if any, which is attributable to normal appreciation, if any, in line with the lease rentals prevailing in the market constitutes revenue expenditure. – Whether the enhancement in lease rent, which is attributable to the other party agreeing not to indulge in competition with the assessee within a radius less than 1000 kms from the said property, constitutes capital expenditure – Whether when the Directors of the assessee company are also trustees who steeply enhanced lease rental for the premises with plant and machinery, such transactions between the related parties warrant invocation of provisions of Sec 40A(2) - Whether the Trust can be construed

as an ''association of persons''.



CIT, Mumbai Vs M/s Fernhill Laboratories And Industrial Establishment (Dated : June 12, 2012)

Income Tax – Sections 45, 48, 55, 55(2), 55(2)(a), 260A – Whether it is not possible to compute capital gains in the absence of cost of acquisition - Whether in the absence of legal provisions, cost of acquisition should be presumed as ‘NIL' or ‘indeterminate' - Whether a provision amended by any statute have retrospective effect, even if nothing is expressly mentioned about it - Whether self-generated intangible assets are liable to capital gains tax only after AY 2002-03 onwards.


Bedmutha Industries Ltd Vs DCIT, Nashik (Dated : June 25, 2012)

Income Tax - Writ - Sections 143(3), 147, 148 - Whether initiation of reopening of assessment u/s 148 is completely without jurisdiction after the end of 4 years when the reasons supplied to the petitioner for reopening do not indicate any failure on the part of the petitioner to disclose fully and truly all material facts necessary for assessment.


CIT Vs Fortis Financial Services Ltd (Dated : July 5, 2012)

Income tax - Sections 194A, 271(1)(c), CBDT Circular No 647 of 1993 - Interest Tax Act, 1974 - Sections 2(7), 13 - ''Bill discounting charges'' - ''concealment of income'' -''inaccurate particulars'' - ''lack of satisfaction'' - ''deliberately'' - ''willfully'' - Whether provisions of Sec 13 of the Interest Tax Act and Sec 271(1)(c) of I-T Act are pari materia - Whether when Revenue imposes penalty u/s 13, in the absence of 'explanation' unlike the I-T Act, the onus does not automatically shift to assessee -Whether when two legal interpreations are available on an issue, penalty cannot be imposed merely because the Revenue's interpreation is finally upheld by the court -Whether mens rea is required to be established before penalty is imposed u/s 13 -Whether establishing mens rea is not important in civil penalty cases - Whether mere absence of mens rea warrants cancellation of penalty u/s 13 - Whether in view of amendment in Sec 2(7) of the Interest Tax Act in October, 1991, discounting charges are clearly an interest income and no two legal interpreations are plausible in this case - Whether CBDT Circular No 647 of 1993 explaining the applicability of Sec 194A does not explain the amendment to Sec 2(7) of the Interest tax act.



CIT, Mumbai Vs M/s Pruthvi Brokers & Shareholders Pvt Ltd (Dated : June 21, 2012)

Income Tax – Sections 43B, 143(1) & 143(3) - Whether when an assessee mistakenly fails to claim a deduction in its return, the same can be allowed as additional claim by the CIT(A) and Tribunal in exercise of their discretions.



Shri G Soma Reddy Vs ITO, Bangalore (Dated : March 26, 2012)

Income Tax - Section 271(1)(c) - Whether assessee can escape from the rigour of penalty by merely disowning his representative alleged of tampering with the TDS.



CIT, Chennai Vs M/s Real Image Pvt Ltd (Dated : June 21, 2012)

Income Tax - Sections 45, 55(2)(a) - Whether non-compete receipt under a negative covenant can be treated as revenue receipt.


CIT Vs Suresh R Shah (Dated : June 20, 2012)

Income Tax - Sections 260A, 143(3) - Whether when lower authorities deliver a finding of facts that the income from sale and purchase is to be assessed as capital gains and not business income, any question of law arises in such a case for the High Court.


CIT, Thiruvananthapuram Vs M/s Hindustan Latex Ltd (Dated : June 7, 2012)

Income Tax - Sections 37, 43B(f), 263 - Whether when two views are available on an issue, and the AO follows one of them, it warrants invocation of revisionary powers u/s 263 - Whether when the Revenue has accepted one HC decision on allowability of insurance premium paid towards leave encashment scheme, the same can be challenged in fresh appeal.


CIT, Chennai Vs M/s Ashok Leyland Ltd (Dated : June 20, 2012)

Income tax - Sections 35D(2)(c)(iv) - ''being'' - ''illustrative v restrictive'' -

''extension'' - Whether in the context of industrial undertaking, the I-T Act does not assign any specific meaning to the word ''extension'' - Whether the expression ''extension'' means both horizontal as well as vertical extension - Whether the word 'being' used in Sec 35D is restrictive in nature - Whether expenditures incurred in connection with Euro issue also qualify for amortisation u/s 35D.



CIT Vs Nextgen Communication Sprint Rpg India Ltd (Dated : May 29, 2012)

Income Tax - Whether when assessee makes OYT deposit for availing telecom services, the same can be treated as deferred revenue expenditure - Whethe when the Revenue has accepted such expenditure in the previous year, it can change its view without any substantive reasons in the next FY.


CIT, Bangalore Vs M/s Lucent Technologies Hindustan Ltd (Dated : April 3, 2012)

Income Tax - Sections 31(1), 32, 37 - Whether the assessee can claim foreign exchange loss if the same having not accrued for payment, nor was payment made -Whether amount paid by the assessee to its lessor as compensation to put up a structure or alter the structure.


CIT Vs M/s Sri Adhikari Bros Television Network Ltd (Dated : June 15, 2012)

Income Tax - Section 35D(2)(c), 147, 154, 263 - Whether an allowance, which has been decided in any proceeding by way of appeal or revision can still be rectified u/s 154.



M/s Premier Synthetic Industries Vs ITO, Coimbatore (Dated : June 4, 2012)

Income Tax – Sections 143(3), 147, Companies Act, 1956 – Sec 77 – Whether when the assessee allows itself to be used by its sister concern to purchase its shares at an abnormally high price than the market-quoted price, the capital loss arising out of the sale of such shares subsequently at a lower price can be claimed as allowable deduction - Whether such sale and purchase of shares on behalf of the sister concern also violates Sec 77 of the Companies Act, 1956.


CIT, Bangalore Vs Shri R Nagaraja Rao (Dated : March 19, 2012)

Income Tax – Section 45 - Whether the expression 'transfer' also includes partition or family settlement - Whether family settlement can be construed as a transfer as per the Act - Whether any capital gains accure in case of transfer of shares among family members as a consequence of a settlement.


CIT, Bangalore Vs M/s John Brown Technologies India Pvt Ltd (Dated : March 21, 2012)

Income Tax - Section 80-IA, 80-O, 80HHB - Whether the assessee is entitled to the benefit of section 80-IA when the assessee's activities fall in the category of preparing engineering drawings, designs and other technical knowhow - Whether the assessee is entitled to the benefit of section 80-O when the assessee was rendering services from India to a non-resident - Whether the assessee would be entitled to claim deduction u/s 80-IA and 80-O both on the same income of the project - Whether the Tribunal is right in not apportioning the financial cost and operating expenses which had to be allocated to the export income before working out the deduction u/s 80-HHB -Whether u/s 80-O deduction is to be allowable on the gross or net amount of foreign exchange brought into India.


CIT, Goa Vs The Bardez Bazar Consumer Coop Society Ltd (Dated : June 25, 2012)

Income Tax - Writ - Sections 143(3), 153A, 226(3) - Whether when the CIT(A) order rejecting the stay petition of the assessee fails to point out even briefly the reasons for rejection, such order is legally not sustainable.


M/s Balaji Universal Tradelink Pvt Ltd Vs UoI (Dated : June 22, 2012)

Income Tax - Writ - Sections 143(3), 153A, 226(3) - Whether when the CIT(A) order rejecting the stay petition of the assessee fails to point out even briefly the reasons for rejection, such order is legally not sustainable.


CIT, Madurai Vs The Metal Powder Company Ltd (Dated : June 7, 2012)

Income Tax – Sections 80HH, 80HHC – Whether conversion charges and sundry sales do not form part of the turnover, for the purpose of calculation of deduction under Section 80HHC - Whether the Tribunal rightly allowed deduction of the amounts spent on replacement of independent machinery as revenue expenditure - Whether the Tribunal is justified in holding that the profit margin of goods captively consumed is to be excluded for the purpose of deduction under Section 80HH - Whether the Tribunal is right in allowing depreciation on business assets which are not ready to use till the end of the accounting year .


M/s C K K Catering Services Vs ACIT, Mangalore (Dated : March 28, 2012)

Income Tax - Sections 158BB, 158BC, 158BFA(1) - Whether when the assessee itself has admitted its profit margin ranging between 28-30% of sales turnover, no fault can be found if the Tribunal has taken 25% profit as uniform rate for the undisclosed income during the block period.


CIT Vs Continental Carbon India Ltd (Dated : May 31, 2012)

Income Tax – Sections 37(1), 68, 133(6), 260A – Whether disallowance of sundry creditors can be made on the ground of non-submission of reply of notice u/s 133(6) – Whether invoices received but not booked in the previous year can be considered as prior period expenses, hence disallowed – Whether depreciation on spares can be disallowed on the basis they are not ready to use, is justified in law


CIT, Bombay Vs Shri Abid A Kalvert (Dated : June 15, 2012)

Income Tax – Sections 2(47), 45, 47(ii), 256(1) – Whether when a partner receives certain amount on dissolution of the partnership firm, such sum is liable to capital gains tax.


Larsen And Toubro Ltd Vs CIT, Bombay (Dated : June 15, 2012)

Income Tax – Section 256(1) – Whether when the assessee engaged in manufacture of cement build-up machinery sets up plant for inhouse cement manufacture, the professional fees paid to consultants are to be treated as capital expenditure.


CIT Vs M/s HSBC Securities & Capital Markets India Pvt Ltd (Dated : June 12, 2012)

Income Tax - Sections 73, 143(3), 260A, - "deeming fiction" - Whether the gross total income of an assessee needs to be computed as per the normal provisions of the Act, before applying the bar on setting off of a loss arising from speculation business against the profits and gains of any other business .


M/s Tamil Nadu Cements Corporation Ltd Vs JCIT, Chennai (Dated : June 5, 2012)

Income Tax – Sections 115J, 115JA (1) & (2) - Accounting Standard 5 - Whether AO has the power to go into the meticulousness of the profits calculated u/s 115JA -Whether it is correct to deduct the prior year's expenses, not debited in the profit and loss account, for the purpose of computation under Section 115JA.


CIT, Bangalore Vs M/s Trivium India Software Pvt Ltd (Dated : May 23, 2012)

Income Tax - Section 10A - Whether when an appeal is pending before the Supreme Court and only the notice for admission has been issued, it is obligatory for the HC to await the decision of the Apex Court before deciding the question of law - Whether the HC can deliver the decision by following its own earlier decision.


CIT Vs Rajeev Khanna Tradelinks Pvt Ltd (Dated : May 3, 2012)

Income Tax - Section 14A - Whether disallowance is required to be made merely because assessee earns some tax-free income from investments - Whether any disallowance is to be made based on guess work.


CIT Vs Amway India Enterprises Pvt Ltd (Dated : May 18, 2012)

Income Tax - Sections 14A, 37 - Whether the expenditure incurred on renovations in the rented premises is revenue expenditure - Whether direct and indirect expenses incurred for earning exempt income can be disallowed for A.Y 2006-07.


CIT, Thrissur Vs The Dhanalakshmi Bank Ltd (Dated : March 27, 2012)

Income Tax - Sections 14A, 263 - Whether disallowance u/s 14A cannot be made by reopening a concluded assessment order in exercise of powers conferred u/s 263 by the CIT.


CIT Vs Shri Ramesh Singh (Dated : April 24, 2012)

Income Tax - Sections 40A(2), 263 - Whether when powers u/s 263 are invoked, it is necessary to give a clear-cut findings before the AO undertakes fresh inquiry.


CIT, Mangalore Vs Sri P N Panjawani (Dated : March 12, 2012)

Income Tax - Sections 2(47), 45(1) - Whether when a partnership firm inducts fresh partners, the same results in relinquishment of rights of existing partners in the capital assets to new partners and thus such transfer is liable to capital gains tax -Whether when the assets are owned by the firm, any capital gains arise in the hands of the partners.


Smt A Kowsalya Bai Vs UoI (Dated : June 5, 2012)

Income tax - Writ - Sections 115WD, 139A1, 139(4A), 193, 197A, 206AA -Constitution of India - Article 14 - Whether PAN is mandatory to make investments even if income is below taxable limit - Whether Sec 206AA, which makes PAN mandatory for investment in savings instruments, overrides Sec 139A, and thus is discriminatory.



CIT, Mumbai Vs M/s Triumph International Finance (I) Ltd (Dated : June 12, 2012)

Income tax – Sections 269SS, 269T, 271D, 271E – Whether when assessee settles inter-corporate loan through journal entries and pays us balance sum by account payee cheque, such netting of accounts violates provisions of Sec 269T and thus attracts penalty u/s 271E.



CIT, Cochin Vs M/s Bimbis Creams And Bakes, Kochi, Ernakulam (Dated : March 29, 2012)

Income Tax- Section 158BC & 158BD – Whether when the same AO has jurisdiction to assess the searched assessee u/s 158BC and the other assessee u/s 158BD whose undisclosed income is also found in the course of such search, there is any necessity for the AO to record satisfaction as required u/s 158BD - Whether there is any time frame prescribed for the department to issue notice u/s 158BD.



CIT, Thrissur Vs The South Indian Bank Ltd (Dated : March 27, 2012)

Income Tax - Sections 14A, 147, 154, 263 - Whether revisionary powers u/s 263 can be invoked to make disallowance u/s 14A in a concluded assessment order.


Rahuljee & Company Pvt Ltd Vs ITAT (Dated : June 1, 2012)

Income Tax - Section 217 - Whether, for the purpose of allowing foreign travel expenses, bagging a contract is a determinative factor - Whether it is necessary for the Revenue to issue a notice before levying interest u/s 217.


Sri Jagdish N Hinduja Vs CIT, Bangalore (Dated : April 18, 2012)

Income Tax - Writ - Section 246A - Whether when petitioner seeks stay of demand raised by Revenue, CIT is rquired to consider the materials on recocrd for graint interim stay rather than taking a stand that he has no power to do so.


Lakshmi Sugar Mills Co Ltd Vs CIT (Dated : May 30, 2012)

Income tax – Sections 254(2), 271(1)(c) - Whether an order of ITAT, which was rendered on the basis of a judgement given by the Supreme Court, which was overruled by the larger bench of the Supreme Court, can be rectified u/s 254(2) of the Act if the rectification application is made within the time limit as prescribed even though no appeal or other proceedings were pending in respect of the said order.


Adinath Capital Ltd Vs CIT (Dated : June 1, 2012)

Income Tax - Sections 234B, 264(4)(c) - Whether the revision petition u/s 264 is maintainable when an assessment order itself is made subject matter of challenge before the appellate authorities.


Elgi Electric & Industries Pvt Ltd Vs DCIT, Coimbatore (Dated : April 25, 2012)

Income tax – Whether the amount collected by the assessee as refundable contingency deposit in respect of disputed items of sales tax before the High Court, which was not returned even after the favourable order by the High Court, is to be

considered as trading receipt and taxable.


CIT, Bangalore Vs M/s Sangmeshwara Associates (Dated : April 2, 2012)

Income tax - Section 271(1)(c), Instruction No 2 of 2005 - Whether the penalty u/s 271(1)(c) is correctly levied in a case where the assessee has offered the additional income in the return filed in response to the notice issued u/s 148 of the Income tax Act.


CIT, Ahmedabad-IV Vs Manekbaug Cooperative Housing Society Ltd (Dated : May 7, 2012)

Income Tax - Sections 2(24), 22, 57(iii), 143(3), Instruction No. 5 of 2008 - Whether the word 'amount' in CBDT Instruction No 5 of 2008 means tax effect - Whether, for the purpose of filing appeal before HC, it is fair on part of Revenue to club tax effect of two appeals relating to same year to meet the guidelines prescribed by the CBDT -Whether the sum received by the co-operative assessee as transfer fees from its members is liable to be treated as its income and hence taxable.



CIT Vs Vision INC (Dated : May 25, 2012)

Income Tax - Sections 80HHC, 143(1)(a), 143(2), 144, 153A, 292BB – Whether issue of notice u/s 143(2) is a beneficial provision for the assessee - Whether such a facility granted to the assessee to adduce evidence in support of its case can be abused to nullify liability to pay tax - Whether when assessee's representative actively participates in assessment proceedings, it can still dispute validity of service of notice u/s 143(2).



CIT Vs Krishna Cold Storage (Dated : March 16, 2012)

Income tax – Section 272A, 197A, Rule 29C(5) – Whether the proviso to section 272A(2) inserted by the Finance Act, 1998 which was introduced with the intention to obviate the unintended consequences of section 272A by scaling down the quantum of penalty to the amount of tax deductible or collectible at source and is remedial in nature, and the proviso is be treated as retrospective in operation.



CIT, Madras Vs M/s TTG Industries Ltd (Dated : April 25, 2012)

Income Tax - Section 80IA - Whether service charges for maintenance, charges for transportation, erection and commissioning charges, labour charges, sale of scraps during manufacturing can be included as profits and gains of the industrial undertaking for the purpose of computation of deduction u/s 80IA.


M/s Bangalore Metropolitan, Tranport Corporation Vs ADIT, Bangalore (Dated : March 29, 2012)

Income Tax - Sections 2(15), 226(3) - Whether the assessee can be given some breathing time against the recovery of the demand made in pursuant to the notice issued u/s 226(3) when the question regarding interpretation and understanding of the proviso to Section 2(15) has to be dealt with by the Tribunal.


CIT, Ludhiana Vs M/s Oswal Knit India Ltd (Dated : February 22, 2012)

Income tax – Section 80I – Whether the assessee is entitled to deduction u/s 80I for manufacturing of pallas, mufflers and pullovers which involved various processes of mending, Chainlock, Kachhi lock, Up-down, Milling, Up-down, Pallas steam press, Flatmaster check, Cutting, Kachi Removing, Tailoring, O'clock pakki, Linking, Neck Saphai, Cup sewing, Tarpai, Kaj button, Kachi checking, pakka press, pakki checking, Label Tailoring, Paking etc. so as to make a different and distinguished marketable product.


CIT, Kanpur Vs M/s Narain Properties Ltd (Dated : May 30, 2012)

Income tax – Sections 28(1), 73(1) – Whether when the main business of the assessee is to earn interest income from loans and advances, loss arising from sale and purchase of shares is covered under exclusionary clause of Explanation to Sec 73.



CIT, Bangalore Vs M/s BPL Cellular Holdings Ltd (Dated : April 10, 2012)

Income Tax- Section 36(1)(iii) - Whether when assessee makes investment of borrowed funds in purchase of shares, it is entitled to claim deduction of interest paid - Whether the decision of the assessee to invest borrowed funds into capital investment constitutes a business activity of the assessee.


M/s Modipon Ltd Vs ACIT (Dated : May 15, 2012)

Income Tax -Sections 147, 148 - Whether re-assessment proceedings can be initiated on the ground that no amalgamation had taken place in the accounting years ended on 30.6.1983 and 30.6.1984 when as per the scheme of amalgamation the effective date was 1st July, 1982.


CIT Vs Sunaero Ltd (Dated : June 1, 2012)

Income tax – Sections 45, 47(v), 143(3) – Companies Act - Sec 187C - Whether when the holding company creates a wholly-owned subsidary and transfers hotel development rights for NIL consideration but when the same is transferred back to the holding company on rejection of name substitution application for a consideration, the capital gains arising out of such transaction is exempt u/s 47(v).



Jagran Prakashan Ltd Vs DCIT (Dated : March 23, 2012)

Income tax – Sections 190, 194H, 201, 201(1A) – Whether the trade discount given to the advertising agents is to be considered as commission to agents and is liable to TDS u/s 194H – Whether if the assessee is found to be assessee in default for non deduction of tax, only the interest and penalty can be levied on the deductor and no tax can be recovered.



The Medi Assist India Tpa Pvt Ltd Vs DCIT, Bangalore (Dated : March 14, 2012)

Income tax - Sections 194I, 194J, Circular 8 of 2009 - Whether when an alternative remedy is available, the HC can even then entertain a writ against an order of assessment.


CIT Vs Nagesh Knitwears Pvt Ltd (Dated : June 1, 2012)

Income tax – Section 80HHC - Whether the premium received on sale of export quota is covered by Section 28(iiia) to 28(iiic) and accordingly, has to be included while

computing the deduction as per the provisos to sub-Section (3) of Section 80HHC of the Act.


Eicher Motors Ltd Vs CIT (Dated : May 29 , 2012)

Income Tax - Whether the additional claim for provision of warranty which is not based on the past history of case is justified and contingent.


CIT Vs Sunbeam Auto Ltd (Dated : May 30, 2012)

Income Tax - Section 37 - Whether expenditure incurred on account of replacement of moulds and dies are revenue expenditure.


Prestige Foods Ltd Vs CIT, Bhopal (Dated : April 11, 2012)

Income Tax - Sections 30, 31 & 37 - Whether when the assessee incurs heavy expenditure on reconstruction of its plant damaged in an accident, such expenses are to be treated as capital in nature.


Kiran Jaiswal Vs ITO, Lucknow (Dated : May 3, 2012)

Income tax – Sections 40A(3), 143(2), 271(1)(c) – Whether when even the fragmented payments are in excess of Rs 20,000/- on the same day to a particular party, section 40A(3) is not applicable as the amendment in section 40A(3) is prospective and not retrospective.


CIT Vs India Thermit Corporation Ltd (Dated : May 16, 2012)

Income Tax - Section 40A(2) - Whether when the assessee company pays commission to its Directors as per the provisions of the Companies Act, AO can take a view that such payment was not required, and thus the same can be disallowed u/s 40A(2).


CIT Vs Annik Technologies Ltd (Dated : May 15, 2012)

Income Tax - Section 10A(2)(i) - Whether clause (c) of section 10A(2)(i) has overriding effect over clauses (a) and (b).


Acorus Unitech Wireless Pvt Ltd & Anr Vs DCIT, Delhi (Dated : May 28, 2012)

Income tax – Sections 142(1), 143(2), 147, 148 – Whether when there was time available to the assessing officer to issue notice u/s 143(2) but no such notice is issued, the notice issued u/s 147 / 148 for reassessment is a valid notice.


CIT Vs DCM Ltd (Dated : May 15, 2012)

Income Tax - Section 271 (1)(c) - Whether penalty u/s 271 (1)(c) can be imposed when disallowances, which have been made, are purely on estimate basis.


CIT Vs M/s Sarin Chemical Laboratory (Dated : May 18, 2012)

Income Tax - Sections 234A, 234B & 234C - Whether in the absence of any mention of charging of interest in the assessment order, interest can be charged by issuing a notice of demand.


DIT Vs Maruti Center For Excellence (Dated : May 21, 2012)

Income Tax - Sections 13(3), 13(1)(c)(ii) - Whether the assessee is a charitable institution and has not violated the Section 13(1)(c)(ii) r/w 13(3) when the order of the tribunal is devoid of reasoning and does not refer to factual matrix and details which have to be examined and considered while deciding the issue.


Abhishek Cement Ltd Vs UoI (Dated : May 22, 2012)

Income Tax - Sections 40A(3), 143 (1)(a), 154, 6DD - Whether the AO can make adjustments in respect of interest not paid being disallowable u/s 43-B, Entry tax u/s 43-B, Welfare cess u/s 43-B, P.F. unpaid u/s 43-B, cash payment exceeding Rs.10,000 u/s 40-A(3) r/w rule 6DD, Dep. for separate consideration, Charity & donation & Short disallowance made for entertainment under Clause (iii) to Section

143(1)(a).


Essel Shyam Communication Ltd Vs CIT (Dated : May 17, 2012)

Income Tax – Section 80IA(4) - Whether the income earned from development of software upgrades for Network Management Systems for smooth and trouble free working of VSAT service provided by the assessee, as part of business of telecommunication services, is eligible for deduction u/s 80-IA(4)(ii) of the Act -Whether on the facts and in the circumstances of the case, INSAT 2E is a domestic satellite within the meaning of sub-clause (ii) of Clause (4) of Section 80-IA of the Act, despite the fact that British Telecom had leased it to the assessee.



Gupta Perfumers Pvt Ltd Vs Income Tax Settlement Commission & Ors (Dated : May 18, 2012)

Income Tax – Sections 245C, 245D, 245I – Whether when the seized papers on which the applicant has based its computation of income, belong to a third party, the Settlement Commission can pass an order in the case of the third party even when it is not an applicant before it – Whether immunity from penalty and prosecution can be granted in respect of income contained in the seized papers on the basis of which computation of income has been made in the settlement application and which has been held not to be belonging to the applicant company by the Commission – Whether the third person can gain from the immunity in case the seized papers relate to the third person other than the applicant – Whether the order of the Settlement Commission can be said to be incomplete and non-conclusive when the commission held that the department will be free to initiate penalty and prosecution proceedings in respect of these papers in appropriate hands as per law.


M/s Arun Excello Foundations Pvt Ltd Vs DCIT, Chennai (Dated : April 27, 2012)

Income Tax – Sections 80IB(10), 143(2), 147, 148 – Whether the assessment can be reopened u/s 148 after the expiry of four years from the end of relevant assessment year even when the AO has not been able to prove that the assessee had failed to fully and truly disclose the material facts, relevant for the passing of the original assessment order.


Dr S Jagatrakshagan Vs DCIT, Chennai (Dated : April 3, 2012)

Income Tax – Section 90 of the Finance (No.2) Act, 1998 – Kar Vivad Samadhan Scheme – Whether once final determination is made u/s 90, further hearing on any pending appeal before the Appellate forum for passing order on merits is legally allowable.


M/s Doshi Housing Ltd Vs ACIT, Chennai (Dated : April 27, 2012)

Income Tax – Sections 147, 148 – Whether the assessment can be reopened u/s 148 after the expiry of four years from the end of relevant assessment year even when the AO has not been able to prove that the assessee had failed to fully and truly disclose the material facts, relevant for the passing of the original assessment order.


M/s Capricorn Food Products India Ltd Vs ACIT, Chennai (Dated : April 2, 2012)

Income Tax - Sections 10B, 80HHC, Rule 46A(3) - Whether when the assessee has placed all records before the AO for examination for its claim u/s 10B, Revenue has no ground to insisit on fresh remand of the case to the AO - Whether Tribunal's remand order amounts to a ritual when there is no new fact to be placed before the AO.


CIT, Shimla Vs Sahil Knit Fab (Dated : March 14, 2012)

Income tax – Section 80IA, 143(2), 147, 148 – Whether the AO is justified in reopening the assessment merely considering that the excess gross profit was shown by the assessee while claiming deduction u/s 80IA without recording any discrepancy in the books of account and without appreciating that in the succeeding years, the GP rate is accepted by the revenue – Whether AO has jurisdiction to reopen the assessment to verify whether the conditions of the deductions claimed u/s 80IA were fulfilled or not which could be verified in the assessment proceedings u/s 143(3) of the Act.


CIT, Visakhapatnam Vs M/s Artos Breweries Ltd (Dated : January 3, 2012 )

Income Tax - Section37 - Whether the royalty paid by the assessee for know-how and trade mark is in the nature revenue expenditure.


CIT Vs Winner Constructions Pvt Ltd (Dated : May 3, 2012)

Income Tax - Section 44AD - Whether low profit can be a possible ground for rejection of assessee's books - Whether low profit should trigger verification by the AO.


M/s Mehru Electrical & Engg. (P) Ltd Vs CIT, Alwar (Dated : April 27, 2012)

Income Tax - Whether when the last opportunity for hearing is given to the counsel for the assessee but the counsel again moves an application for adjournment on account of urgent work, Tribunal should consider the reasons and then grant stay -Whether Tribunal should pass ex parte order without looking into the reasons furnished by the counsel for the assessee.


Container Corporation Of India Ltd Vs ACIT (Dated : May 11, 2012)

Income Tax - Section 80-IA - Whether the income from running ICDs and CFSs qualifies for deduction u/s 80IA(4)(i) of the Act - Whether once the ICDs have been notified by the CBDT, the fact that at a later point of time the power was taken away put an end to the validity or effect of the notification earlier issued by the CBDT -Whether, as per the Section 80IA as it stood at the time when the notification was issued by the CBDT, the assessee was eligible for the deduction for a period of 10 successive AYs, even after the power was taken away from the CBDT.



Munjal Showa Ltd Vs DCIT (Dated : May 14, 2012)

Income Tax - Sections 147, 148 - Whether when a fresh legal inference is made from the same set of facts considered during original assessment, the reassessment cannot be sustained.


CIT, Chennai Vs Wheels India Ltd (Dated : April 23, 2012)

Income Tax - Sections 10B , 43B, Rule 6B - Whether the sale proceeds of the exim scrips are eligible for exemption u/s 10B - Whether the presentation of a small gift on the occasion of festival season, is allowable expenditure as per rule 6B - Whether the Tribunal is right in excluding the value of the customs duty from the closing stock when the Revenue does not dispute the fact that the assessee had been consistently adopting the method of accounting on net valuation method on the closing stock.


Easter Industries Ltd Vs UoI (Dated : May 14, 2012)

Income Tax - Writ - Sections 43B, 143(1)(a), 143(2), 154 - Whether AO can make adjustment u/s 143(1)(a) in the return of income in respect of Scientific Research Expenses, Club Payments and under Sec 43B sans issuing a notice u/s 143(2).


CIT-II, Kanpur Vs Deep Awadh Hotels Pvt Ltd (Dated : August 3, 2011)

Income Tax - Sections 32A (1), 234B - Whether when the Tribunal has stated that the A.O. will decide the matter in view of the case of the Anand Theater, as per law can it be said that the AO is bound only by the judgment in Anand Theater's case - Whether if the assessment order or computation sheets do not provide for interest, interest being mandatory, can still be charged.


Director Of Income Tax (Exemption) Vs National Association Of Software And Services Companies (Dated : May 10, 2012)

Income Tax – Sections 2(45), 11(1)(a), 12A, 28(iii), 139(1), Circular 5 of 1968 – 'to such purpose' - 'applied' - Whether the payment of taxes under the VDIS amounts to application of income of the trust to charitable purposes in India – Whether the words “is applied to such purposes in India” appearing in Section 11(1)(a) of the Act only mean that the purposes of the trust should be in India and that the application of the income of the trust need not be in India - Whether when the assessee-trust incurs expenditure on participation in overseas trade fair, such expenditure qualifies as application of income to charitable purposes in India - Whether income of a Trust should be applied not only to charitable purposes but also applied in India to such purposes - Whether the annual subscription fees received by the assessee-trust from its members is taxable under the provision of Section 28(iii) of the Act.



M/s Tarapore & Co Vs DCIT, Chennai (Dated : April 27, 2012)

Income Tax - Whether the value of the closing stock can be treated as income of the assessee when the contract execution contemplated that the assessee as a contractor shall provide all materials including steel and cement.


M/s Shanti Logistics Pvt Ltd Vs ACIT, Chennai (Dated : April 2, 2012)

Income tax - Section 40(a)(ia), Circular 1 of 2009 - Whether when assessee deposits tax deducted at source well before filing return but beyond the financial year concerned, no disallowance is called for u/s 40(a)(ia) for delayed payment - Whether retrospective amendment vide Finance Act, 2008 and the CBDT Circular 1 of 2009 are applicable to this case to mitigate the rigour of Sec 40(a)(ia).


Shanti Lal Jain Vs CIT, Kota (Dated : April 16, 2012)

Income tax - Sections 40A(2)(b), 147(1) - Whether when the assessee has not paid any brokerage to general investors but paid commission to his own son and daughter-in-law who had carried forward losses, it is a clear cut case of diversion of profits -Whether such diversion attracts provisions of Sec 40A92)(b).


Court On Its Own Motion Vs CIT (Dated : May 4, 2012)

Income tax - Sections 143(1), 245 - Form 26AS - How does one get TDS Credit if the Deductor does not upload details on the Income Tax website - Delhi High Court asks CBDT to file Affidavit: Apart from the questions raised by the petitioner, CBDT to file affidavit on questions raised by the Court and Amicus Curiae.


CIT, Vijayawada Vs M/s O R Distilleries Ltd (Dated : January 27, 2012)

Income Tax – Sections 32A, 32AB, 263 – Whether when the assessee is given licence to manufacture denatured spirit but also manufactures arrack under compulsion for supplies to Govt, assessee in such a case loses entitlement to investment allowance u/s 32A - Whether the article or thing, viz., alcohol including rectified spirit and denatured spirit manufactured by the assessee-company do not come under the ambit of Eleventh Schedule of the I.T.Act, 1961.



CIT, Madras Vs M/s ECO Media Pvt Ltd (Dated : April 9, 2012)

Income Tax - Sections 10(17a), 143(3), 147, 148 - Whether AO can assume jurisdiction u/s 147 even without recording a finding of fact in the order that the assessee had failed to disclose fully and truly all material facts necessary for making the assessment of an escaped income.


CIT, Madurai Vs Bojraj Textiles Mills Ltd (Dated : April 23, 2012)

Income Tax - Whether when the liability admitted is of reasonable certainty but the actual quantification might take place next year, deduction can be allowed even in such case.


CIT Vs Enam Securities Pvt Ltd (Dated : April 27, 2012)

Income Tax – Section 48 – Whether noncumulative redeemable preference shares fall into the category of bonds or debentures within the meaning of Section 48 of the Income Tax Act, 1961 - Whether indexation benefit is available on long term capital gains/ loss arising on redemption of noncumulative preference shares as per the provisions of section 48 of the Income Tax Act.



CIT, Trichy Vs M/s Lakshmi Vilas Bank, Karur (Dated : April 26, 2012)

Income Tax - Whether the assessee was entitled to the bad debt written off as allowable, even though the same was hit by the provisions of Section 36(1)(viia)? Whether the assessee was entitled to depreciation at 33 1/3 % on electrical fittings and typewriters etc for A.Y 1992-93.?


M/s Integrated Finance Co Ltd Vs DCIT, Chennai (Dated : April 26, 2012)

Income Tax - Section 32 - Whether in matters of hire purchase, where the agreement disclosed the ownership resting with the lessee, the claim of depreciation should be allowed to the lessee.


Rubamin Limited Vs Love Kumar (Dated : April 30, 2012)

Income Tax – Sections 147, 148, 194H, 197(1) – Whether the mere fact that the disallowance made by the AO under one of the provisions of the Act has been deleted in appeal by the appellate authorities, the same can be again disallowed under different provision of the Act by resorting to powers granted u/s 147 – Whether the principle of res judicata has any application to the proceedings under the Act –Whether the AO can issue notice u/s 148 by forming a second opinion on the selfsame materials without having any “tangible material” to exercise jurisdiction.


CIT, Chennai Vs M/s High Energy Batteries India Ltd (Dated : April 17, 2012)

Income Tax – Sections 32, 143(1), 147, 148 – Whether assessment can be opened on a mere change of opinion – Whether the claim of depreciation on sale and lease back transaction can be rejected on the ground that the assessee was never in possession of the machinery – Whether the law recognises constructive delivery as an acceptable mode of delivery and possession and hence, the fact that the assessee had not taken physical possession, per se, does not pronounce anything against the sale that took place between the two parties.


Hyderabad Metropolitan Water Supply Andsewerage Board, Hyderabad Vs ACIT, Hyderabad (Dated : April 10, 2012)

Income Tax - Sections 142(2A), 148, 226 (3) - Whether the garnishee order u/s 226 (3) is just and proper in the light of appeal pending before the CIT(A) when the issue whether the petitioner Board is a local authority or not is yet to be decided and the petitioner Board was constituted pursuant to Act 15 of 1989.


CIT Vs Rajendra Aggarwal (Dated : April 25, 2012)

Income Tax - Section 142A - Whether when power is exercised u/s 142A, exercise of such power can be held to be incompetent on the basis of the Law laid down by the Supreme Court in Amiya Bala Paul.


ACIT, Raipur Vs Shri Roopchand Tharani (Dated : November 1, 2011)

Income Tax - Sections 143(1) & (2), 145(3) - Whether there is perversity in the finding of fact when the CIT(A) as well as the Tribunal have recorded that the AO, without pointing out any specific mistake in the books of accounts have held that the books of accounts and other documents were not fully verifiable.


CIT, Ludhiana Vs Metalman Auto (P) Ltd (Dated : February 11, 2011)

Income Tax - Section 80IB - Whether a jobworker is entitled to Sec 80IB benefits -Whether depreciation on assets is inadmissible merely because the same were in the name of directors of the Company - Whether higher depreciation is available on electrical installation which is fixed in plant and machinery.


Bharti Gupta Ramola Vs CIT (Dated : April 12, 2012)

Income Tax - Sections 2(42A), 10(38), 54EC - General Clauses Act - Sec 3(35) -STCG v LTCG - Whether, for the purpose of computing capital gains, the day on which an asset is acquired or the day on which an asset is transferred, is to be added or excluded - Whether a fraction of a day is not to be taken into consideration for counting the period of holding of the asset for the purpose of capital gains.



Jagson International Ltd Vs CIT (Dated : May 02, 2012)

Income Tax – Sections 80I(3), 143(3), 147, 148 – Whether the AO can reopen the assessment u/s 147 on those issues which were already examined and allowed at the time of framing the original assessment – Whether the reassessment can be openedon the mere change of opinion when no new material fact came to the knowledge of the AO after passing of the original assessment order.


CIT Vs Promain Ltd (Dated : April 30, 2012)

Income Tax – Sections 132, 158BC, 158BD - Whether when AO does not rely upon any materials seized during search, no addition can be made - Whether merely because panchnama mentions the name of the assessee also, it is proved that warrant of authorization was also issued in the name of the assessee and therefore, the block assessment proceedings u/s 158BC were valid and legal.



CIT, Chennai Vs M/s Fuller Kcp Ltd (Dated : April 2, 2012)

Income Tax - Sections 35AB, 43(2), 147, 148, 263 - Whether reopening of assessment based on the materials used for finalising assessment is bad in law -Whether the definition "paid" u/s 43(2), includes "payable" too.


Mr Gopal Lal Bhadruka Vs DCIT, Hyderabad (Dated : December 15, 2011)

Income Tax – Sections 153A, 153C – Whether, for the purpose of computing income u/s 153A/153C of the Act, the AO is required to confine himself only to the materials found during the course of search operations.



CIT, Cochin Vs Shri P D Abrahm Alias Appachan (Dated : February 10, 2012)

Income Tax - Sections 37(1) 80-IA, 158BC, 158BD, 158BFA(2), 269SS, 269T -Whether when the Department relies on the seized records for estimating undisclosed income, Revenue is justified in disbelieving the expenditure claimed merely because

there is no written agreement and that payments were not made through cheques or demand drafts - Whether the payments can be considered as bogus on the ground that the film directors have not confirmed the receipt of payment in cash from the assessee - Whether unaccounted expenditure in a proper business can be treated as an expenditure prohibited by law to attract explanation to Section 37(1) - Whether the deduction u/s 80-IA can be claimed for the first time in the computation of undisclosed income in the assessment u/s 158BC - Whether penalty u/s 158BFA(2) can be levied when the Assessee consciously suppressed undisclosed income from the return filed pursuant to notice issued u/s 158BC(a).


CIT Vs Vishal Gupta (Dated : April 30, 2012)

Income Tax - Sections 133A, 147, 148 - Whether the re-assessment proceedings u/s 147 can be quashed on the ground that the original re-assessment proceedings had abated.


CIT Vs A K Jain (Dated : April 19, 2012)

Income Tax – Section 158BD – Whether income must be assessed and taxed in the hands of the real owner or recipient even though the income has been assessed in the hands of a third person because of the declaration made in the return - Whether in the absence of any other documentary material, a registered sale deed is to be treated as genuine and that hence no addition should be made in the absence of the relevant material seized during the search of the premises of the Assessee.


CIT, Bombay Vs The Administrator Of The Estate Of Late Shri E F Dinshaw (Dated : April 24, 2012)

Income Tax - Section 45 - Whether when assessee incurs heavy litigation expenses to remove encroachment, income from sale of such land is to be taxed as capital gains or income from business.



CIT, Kottayam Vs Shri A M Fazil, Alappuzha (Dated : February 10, 2012)

Income Tax - Sections 158BC, 158BD - Whether the Tribunal can cancel the assessment of undisclosed income if the same is based on tenable and acceptable evidence recovered in the course of search and which is not rebutted by the assessee - Whether the validity of assessment u/s 158BC is affected by making a combined assessment u/s 158BC r/w Section 158BD.


Deceased Shantadevi Gaekwad Vs Dy.CIT (Dated : April 30, 2012)

Income tax Act – Sections 47, 48, 49, 115C - Whether while computing the capital gain on sale of jewellary which was received as part of inheritance, the valuation of the jewellery for arriving at the cost of acquisition, by applying the reverse indexing method, has to be done on the valuation done by the assessee on a particular date for the wealth tax purpose and which was accepted by the revenue for the impugned assessment year and not as on the date of sale of the jewellery.


M/s Agriculture Produce Market Committee Vs CIT, Shimla (Dated : April 19, 2012)

Income Tax - Section 10(20) – Whether Agriculture Marketing Committee is a 'local authority' u/s 10(20) of the Act and hence eligible for exemption.


CIT, Chandigarh Vs M/s Satluj Jal Vidyut Nigam Ltd (Dated : April 12, 2012)

Income Tax - Sections 201(1), 201(IA) - Whether the order u/s 201(1) & 201(IA) passed by the A.O. beyond four years is barred by time limitation.


M/s Standard Hind Company, Moradabad Vs CIT, Bareilly (Dated : April 27, 2012)

Income Tax - Sections 143(1)(a), 271(1)(c) - Whether when the purchases made by the assessee are found to be inflated, and revised returns are filed twice after the case is selected for scrutiny and the assessee finally surrenders the inflated amount, such case cannot be accepted as a bonafide mistake - Whether penalty is warranted in such a case.



M/s Abhyudaya Pharmaceuticals Vs CIT (Dated : April 20, 2012)

Income Tax – Section 68 – Whether the capital introduced by the minor partner in the firm at the time of starting of business, can be assessed as income of the firm on the ground that the partner being minor, could not be prosecuted.


Krishak Bharati Cooperative Ltd Vs CIT (Dated : April 23, 2012)

Income Tax – Sections 80-I, 263 – Whether the Commissioner of Income Tax without going into the question as to whether or not the AO had conducted inquiries in the original assessment proceedings and whether it was a case of failure of the AO to conduct enquiries can directly examine the merits of the claim of the assessee to reach to the conclusion that the deduction allowed and the order passed by AO was erroneous and prejudicial for the purpose of invoking the revisionary powers u/s 263 –Whether interest on short term deposit can be said to have been income derived from manufacturing activity undertaken by the industrial unit and hence eligible for deduction u/s 80-I – Whether transportation charges when separately billed and charged from the customers can be included in the profit and gain from manufacturing activity undertaken by an industrial unit and hence eligible for deduction u/s 80-I.


CIT Vs Sahara India Housing Corporation Ltd (Dated : April 27, 2012)

Income Tax - Sec 14A - Whether gains from sale and purchase of securities are to be assesseed under the head “capital gains” or under “income from business” when there is no clear cut finding of the Tribunal on the issue - Whether merely because the AO is wrong in making disallowance on ad hoc basis, it can be a ground to hold that no amount whatsoever was relatable directly or indirectly to the earning of the tax free income.


CIT Vs Vinay Mittal (Dated : April 27, 2012)

Income Tax – Sections 28, 45 - Whether merely because the assessee had purchased and sold the shares in the same year and made substantial gains, can lead to the conclusion that the objective for acquiring the shares was not as an investor but as a trade – Whether the gains arising from sale and purchase of various securities is to be treated as capital gains or business income.


CIT Vs M/s Kant Travels (Dated : April 25, 2012)

Income Tax – Sections 148, 292B – Whether the mere fact that no objection was raised by the assessee before the AO or the CIT (Appeals) can validate the proceedings which were void abinitio - Whether notice u/s 148 issued without specifying the status of the assessee is invalid in the eyes of law - Whether provisions of Sec 292B can cure only the error in notice and cannot validate when Sec 148 notice itself is void.



CIT Vs Imperial Fastners P Ltd (Dated : April 25, 2012)

Income Tax - Section 37 - Whether the expenditure incurred for current repair either for making the plant/factory operational or to replace the damaged or unserviceable parts to run/start the plant can be considered as Revenue expenditure.


Money Growth Investment And Consultants Pvt Ltd Vs ITO (Dated : April 23, 2012)

Income Tax – Sections 68, 131, 142(1), 143(1), 148(2) – Whether re-opening of the assessment on the basis of material gathered by the Investigation Wing of the Income Tax Department and forwarded to the AO, is valid in law.


Polyplex Corporation Ltd Vs CIT (Dated : April 27, 2012)

Income Tax - Section 28 (iiid), 80HHC, 115JB - Whether the profit earned on sale of DEPB credit constitutes taxable income u/s 28 (iiid) - Whether the interest income earned is to be excluded while applying Explanation (baa) to Section 80 HHC -Whether Explanation (1)(iv) to Section 115JB will be applied while computing the book profits.


CIT, Delhi-VI Vs The Instalment Supply Ltd (Dated : April 17, 2012)

Income Tax – Sections 32, 143(2) - Whether by merely looking at the title of the agreement itself or the nomenclature given to the said agreement, it can be decided that the agreement is a finance agreement or an operating lease – Whether the terms and conditions mentioned in the agreement is the only criteria to decide on the issue or we have to also take into account the surrounding circumstances as well as the type and nature of the asset.


CIT Vs Wimco Seedlings Ltd (Dated : December 12, 2011)

Income Tax - Sections 14A , 115J , Rule 8D - Whether common expenses incurred by an assessee can be allocated towards taxable and non-taxable income under the provisions of Sec 14A .


Sr Branch Manager, LIC of India Vs CIT, Varanasi (Dated : April 18, 2012)

Income Tax – Section 10(14) – Whether actual expenditure incurred by the employee towards conveyance in the performance of official duty and reimbursed by the employer is liable to tax deduction at source or is a permissible deduction u/s 10(14) of the Act.



CIT Vs Goodearth Foundation (Dated : April 11, 2012)

Income Tax - Sections 12A, 147, 148 - Whether the Tribunal is justified in holding that the respondent shall be treated as registered u/s 12A w.e.f. 1.4.1997 and the notices issued u/s 147/148 to the school will be treated as having been validly issued to the respondent


CIT, Delhi Vs M/s Goel Jewellers (Dated : April 17, 2012)

Income Tax – Sections 68, 69A, 80HHC, 133A – Whether in the absence of the exact and full facts and computation of the turnover on which the surrendered amount was earned by the assessee under the head “business income”, the deduction as per the formula u/s 80HHC(3) can be computed properly – Whether such amount is to be excluded or to be taken into consideration as business profits earned during the year for computing deduction u/s 80HHC.


Azeem Investment Pvt Ltd Vs CIT (Dated : April 24, 2012)

Income Tax - Whether the share application money received is a genuine transaction when there is only reference to the bank account entries.


CIT Vs Ansal Properties & Infrastructure Ltd (Dated : April 19, 2012)

Income Tax – Sections 2(11), 32, 50 – Whether the ‘block of assets' as defined in section 2(11) can be differentiated on the basis of different divisions of the business of the assessee – Whether the consideration received or accruing as a result of transfer of plant and machinery can be brought to tax u/s 50 when there is no finding of the AO that the block of assets carrying the same rate of depreciation ceased to exist –Whether the division itself constitutes a separate and an independent block of assets –Whether Appendix to the Income Tax Rules, 1962, prescribing for rates of depreciation, is a unit/division specific or rate of depreciation specific.


A G Holdings Pvt Ltd Vs ITO (Dated : April 25, 2012)

Income tax – Sections 147, 148(2) – Whether at the time of issuing the notice to reopen the assessment, the Assessing Officer is only expected to form a prima facie or tentative belief that income chargeable to tax had escaped assessment – Whether there is no requirement under the Act in section 148(2), that the reasons recorded must be served alongwith the Sec 148 notice.



CIT Vs Sauer Danfoss Pvt Ltd (Dated : March 26, 2012)

Income Tax - Section 37 - Whether it can be said that the business of the assessee was set up on 1st June, 2001 merely because assessee entered into agreement on 21.5.2001 which was to be operative from 1.6.2001 date on which assessee took over the running business - Whether expenditure incurred in respect of electrical work, wooden partitions, laying down of cables, consultancy fee paid to the architects, legal and professional charges are revenue expenditure when Break up and particulars regarding the expenditure is not available and referred to.


CIT Vs Auto Pins India Ltd (Dated : April 9, 2012)

Income Tax - Section 36(2)(i) - Whether bad debts written off is allowable u/s 36(1)(vii) when there is no evidence or material on record to show that there was deliberate attempt by the assessee to delay writing off the bad debts in the earlier A.Y, which has resulted in understatement of income or short recovery of tax.


Baun Foundation Trust Vs CCIT (Dated : March 27, 2012)

Income Tax - Writ - Sections 10(22A), 10(23C)(via), 11 - Whether the establishment of a chemist shop is incidental or ancillary to the dominant object and purpose which is to set up and conduct a hospital for philanthropic purposes.


CIT Vs M/s High Polymer Labs Ltd (Dated : April 19, 2012)

Income Tax - Section 80HHC - Whether the assessee is entitled to reduce interest paid by it on bank overdrafts from the interest received on FDRs while calculating deductions u/s 80HHC r/w Explanation (baa) - Whether the profit from the sale of EDP receipts under the duty remission scheme cannot be excluded from the profits of business as per Explanation (baa) for purposes of computing the deductions u/s 80HHC.


CIT Vs Rajan Nanda (Dated : December 16, 2011)

Income Tax - Sections 2(24)(xi), 10(10D), 14, 17(3)(ii), 28(vi), 37(1), 56(iv) -Whether after nursing the “key man” policy for sometime by paying premium thereupon, then assigning it to employees/Directors for receiving surrender value, the premium paid after adjusting the surrender value, is to be treated as business expenditure - Whether the difference between the actual premium paid and surrender value given is to be treated as 'salary' and is to be taxed in the hand of the two assessees in whose favour the 'key man' policies were assigned - Whether the maturity value of the assigned insurance policy received by the assessee is taxable when the insurance company has itself clarified that on assignment, it does not remain a keyman policy and gets converted into an ordinary policy.


Narinder Kumar Vs CIT (Dated : April 23, 2012)

Income Tax - Section 264 - Whether the delay in filing revision petition u/s 264 can be condoned when the service of the assessment order on the authorized representative of the petitioner-firm was not known to it or to its partners.


CIT Vs Shri Karan Khandelwal (Dated : April 23, 2012)

Income Tax – Whether when there is difference between the apparent consideration and the real value of the assets and also the fact that the AO has been able to discharge its onus of showing the understatement of the sale consideration, an addition is warranted in such a case.


CIT Vs Black & Veatch Consulting Pvt Ltd (Dated : April 9, 2012)

Income Tax - Sections 10A, 72 - Whether the deduction u/s 10A has to be given at the stage when the profits and gains of business are computed at the first instance.


Gutta Anjaneyulu & Co Vs CIT (Dated : February 9, 2012)

Income Tax - Sections 139(2), 147, 148 - Whether the CIT(Appeal) can modify the status of the assessee from the AOP to a BOI.


CIT Vs Career Launcher India Ltd (Dated : April 19, 2012)

Income Tax – Sections 36(1)(ii), 36(1)(iii), 37(1), 40(a)(ia), 194C – Whether the interest paid on the unpaid installments of the price payable for purchase of land can be said to have been in respect of capital borrowed and hence allowable as deduction u/s 36(1)(iii) – Whether the interest can also be allowed as deduction under the residuary section 37(1) as expenditure incurred wholly and exclusively for the purpose of the business on the ground that the acquisition of the land was an integral part of the conduct of the business - Whether the bonus paid to the directors, who were full time employees of the company can be charaterised as dividend in disguise on the mere ground that the company should have declared dividend on account of substantial profit, and hence calls for disallowance u/s 36(1)(ii) – Whether merely because some work is to be carried out by the licensees/ franchisees in conducting the learning centres for the assessee pursuant to franchisee agreement entered into between them, it can be said that the agreement embodies a contract for carrying out a work and hence the consideration paid is liable for withholding tax u/s 194C –Whether in the case of a contract for the carrying out of any work as is envisaged by Section 194C, there cannot be any use of a person's trade name or goodwill or knowhow by the other.



CIT Vs Central Warehousing Corporation (Dated : April 18, 2012)

Income Tax - Sections 115JB, 271(1)(c) - Whether penalty can be imposed on the assessee, where additions are made under the normal provisions but the taxable income of the assessee is assessed u/s 115JB and there is no addition as far as book profits is concerned.


CIT Vs Deepak Knits And Texturise Pvt Ltd (Dated : March 29, 2012)

Income Tax – Sections 68, 147, 148 – Whether reassessment can be opened only on the reason that there was failure or omission on the part of the assessee to disclose fully and truly all material facts - Whether reassessment can be resorted to only after Ao draws an inference or gives a finding that there was omission or failure on the part of the assessee to disclose fully and truly material facts – Whether only a prima facie or tentative view is required at the stage of initiation of the reassessment proceedings and final conclusion/decisiveness is not mandated.


Super Cassettes Industries Ltd Vs CCIT (Dated : March 26, 2012)

Income Tax - Writ - Sections 119(2), 234C - Whether when assessee seeks waiver of interest u/s 234C, rejection of application by the Chief Commissioner overlooking the beneficial Instruction of the Board and following some other Instruction is legally tenable.


CIT Vs Jindal Dyechem Industries Pvt Ltd (Dated : April 18, 2012)

Income Tax - Section 69A - Whether an addition can be made on account of stock of silver bars written off when there was no evidence of any transaction outside the books of accounts - Whether an addition is warranted with respect to alleged understatement of sale of bullion when the assessee was not in a position to furnish the names of the persons to whom the cash sales of the bullion were made.


CIT, New Delhi Vs Usha International Ltd (Dated : April 23, 2012)

Income Tax – Sections 143(2), 147, 148 – Whether when AO by mistake fails to examine a particular entry in the return or overlooks the same, it can be said that there was no application of mind and it is a fit case for re-assessment - Whether change of opinion necessarily postulates and requires application of mind and formation of opinion at the first instance in the original proceedings.



CIT Vs RTCL Ltd (Dated : March 28, 2012)

Income Tax - Sec 154 - Whether the issue which is debatable and in the realm of uncertainty can be rectified u/s Section 154.


K M Sugar Mills Ltd Vs CIT (Dated : April 2, 2012)

Income Tax – Sections 142(2A), 144 – Whether for the purpose of special audit u/s 142(2A), a reasonable opportunity of hearing has to be afforded by the AO and not by the Commissioner of Income Tax who is required to grant the approval u/s 142(2A) –Whether reference to special audit u/s 142(2A) of the Act is justified in case where the AO find it difficult to work out the real income of the assessee due to complex nature of the entries in the account books – Whether in such cases, it is mandatory that the AO before resorting to special audit u/s 142(2A) should first reject the account books and resort to the best judgement assessment u/s 144 of the Act.


SSP Aviation Ltd Vs DCIT (Dated : March 29, 2012)

Income tax – Sections 132, 153A, 153C(1) – Whether when Revenue, during a

search, finds documents or assets belonging to another person, it is necessary for AO, as per Sec 153C, to conclusively show details of undisclosed income before AO proceeds with assessment.



Lissie Medical Institutions Vs CIT, Kochi (Dated : February 17, 2012)

Income Tax - Sections 11(1)(a), 12A, 30, 43D - Whether when the assessee claims expenditure for acquisition of assets as application of income of the charitable trust for charitable purposes, assessee can claim depreciation in the computation of income.


CIT Vs Printer House Pvt Ltd (Dated : April 18, 2012)

Income Tax - Section 37(1) - Whether when purchasers of the goods sold by the assessee deny involvement of any commission agents, the claim of the assessee is to be partly disallowed in relation to the number of purchasers making such statements.


CIT, Ludhiana Vs M/s Punjab Breweries Ltd (Dated : April 17, 2012)

Income Tax - Sec 37 - Whether the Tribunal is justified in deciding the issue merely on the ground that in respect of earlier AYs the Tribunal had accepted the claim of the assessee.


CIT, Jalandhar-II Vs M/s Upkar International, Phagwara (Dated : April 4, 2012)

Income Tax - Sections 147, 148 - Whether reassessment is permissible after the expiry of four years when AO changes his opinion by placing reliance on various judgments rendered by the Apex Court and the Jurisdictional High Court.


Avenue Realities And Developers Pvt Ltd Vs Appropriate Authority Of Income Tax Department (Dated : March 29, 2012)

Income Tax - Section 269UD – Whether the order u/s 269 UD(1) of the Act passed for acquisition/ compulsory purchase by the Central Government of the immovable property is justifiable when there was no allegation of evasion of tax nor that the sale consideration was understated and there was payment of under hand money –Whether concealment of material facts before the Court can disentitle a petitioner from seeking relief under a discretionary remedy – Whether it is must for the petitioner to come to the Court with clean hands and state truly and correctly all the material facts.


Vishwanth Engineers Vs ACIT (Dated : April 11, 2012)

Income Tax – Sections 80IB, 142(1), 143(3), 148 – Article 226 of the Constitution of India – Whether by mere subsequent filing of the appeal, the constitutional right of the petitioner to challenge the notice of reassessment on the ground of non-existence of conditions precedent for exercise of such power, which he has already invoked, cannot be taken away – Whether the AO has to dispose of the objections raised by the assessee before passing the order of reassessment – Whether the AO can form a second opinion for the purpose of reopening an assessment when in the original assessment proceedings, specific queries were already made by issuing notice u/s 142 of the Act and then the AO decided to grant the relief to the assessee after considering the response filed by the assessee.


CIT Vs Nitin S Garg (Dated : April 11, 2012 )

Income Tax - Sections 41(1), 132, 143(3), 153 - Whether it can be inferred that the liabilities have seized to exist merely because the liabilities are outstanding for last many years.


Pine Packaging Pvt Ltd Vs CIT (Dated : March 29, 2012)

Income Tax – Section 80IC – Whether compensation in form of standing charges received by assessee for remaining idle is eligible for deduction u/s 80IC - Whether such charges can be said to have been derived from manufacturing of the undertaking.



CIT, Tiruchirapalli Vs M Chinnasamy (Dated : March 12, 2012)

Income Tax - Sections 132, 143(3), 158BC - Whether when assessee has been able to establish the source of fund collected and then donated to a political party, no wrong is committed if Tribunal deletes the additions.


Lanxess Abs Ltd Now (Known As Ineos Abs (India) Ltd) Vs Dy.CIT (Dated : April 11, 2012)

Income Tax - Sections 143(3), 147, 148 – Whether the change of opinion cannot be

the basis of notice u/s 148 of the Act within four years – Whether the assessment made u/s 143(3) can be reviewed u/s 148 on the same set of facts which were already there at the time when the original assessment was made – Whether reassessment can also be initiated when no new fact or material has been brought on record for the formation of reason to believe that the income of the petitioner has escaped assessment.


CIT Vs M/s Miraa Processors Pvt Ltd (Dated : April 11, 2012)

Income Tax - Section 41(1)(a) - Whether the Tribunal is right in law in deleting addition of Rs.18,72,697/- made by the AO u/s 41(1)(a) on account of sundry creditors when the amount has been continuously shown by the assessee company in its balance sheet.


Sree Balaji Refinery Vs DCIT, Trichur (Dated : February 24, 2012)

Income Tax – Sections 132, 132A, 153C – Whether the assessee having discharged the tax liability due as per orders u/s 153C, the pendency of appeals before the appellate authorities filed by the assessee can be a justification for the income tax authorities for refusing to release the gold seized during the course of search and seizure operation – Whether the asset seized during the course of search and seizure can be applied towards the tax liability determined including penalty.


CIT Vs M/s Kan Construction And Colonizers Pvt Ltd (Dated : April 9, 2012)

Income Tax – Section 50C – Whether when land is held by the assessee as stock-in-trade, provisions of Sec 50C will not apply to profits arising on sale of plots - Whether sale of plots carved out of such lands cannot be treated as sale of capital assets.



CIT Vs M/s I K International Pvt Ltd (Dated : March 29, 2012)

Income Tax – Sections 2(11), 2(29A), 2(42A), 32(1), 45, 50(2), 54EC, Rule 46A –Whether land can be said to be a depreciable asset – Whether land forms part of the block of assets even when no rate of depreciation being prescribed – Whether the provision of Section 50(2) of the Act can be invoked in the case of land on the footing that the land formed part of the block of assets.



M/s Srei Infrastructure Finance Ltd Vs Income Tax Settlement Commission (Dated : March 30, 2012)

Income Tax – Sections 2(47), 2(42C), 50B – Whether the ‘transfer' under the Scheme of Arrangement is not a sale u/s 50B of the Act – Whether section 50B of the Act has no applicability to the Scheme of Arrangement sanctioned by the High Court u/s 391 to 394 of the Companies Act, 1956.


Steel Authority Of India Ltd Vs CIT (Dated : March 30, 2012)

Income Tax – Sections 32, 43(1) – Whether in the facts of the present case waiver of loan would result in reduction of actual cost under Section 43(1) of the Act and consequently depreciation is to be allowed on reduced written down value.


The Board Of Control For Cricket In India Vs ACIT, Mumbai (Dated : April 2, 2012)

Income Tax – Sections 11, 143(3), 147, 148 - Whether the belief formed by the AO on the basis of the material revealed in the investigation carried out by the EOW, which eventually resulted in the filing of a chargesheet, can be said to be the reasonable belief for coming to the conclusion that the income has escaped assessment – Whether the chargesheet filed by the EOW constitutes tangible material on the basis of which the AO could have reopened the assessment.


CIT Vs M/s Reliance Communications Infrastructure Ltd (Dated : March 28, 2012)

Income Tax - Section 36(1)(iii) - Whether when the assessee has significant interest in the business of the subsidiary and utilizes even borrowed money for furthering its business any disallowance can be made u/s 36(1)(iii).


Hemendra Ranchhoddas Merchant Vs DIT, Mumbai (Dated : April 2, 2012)

Income Tax - Sections 132, 189, 245C - Whether the sufficiency of the reasons can be questioned by the High Court in exercise of the writ jurisdiction under Article 226 of the Constitution when the DIT (Investigation) has entertained the requisite belief for bona fide reasons which fall within the ambit and purview of Section 132(1)(b) -Whether a dissolved firm can also be searched as per provisions of Sec 189.


DIT Vs Vishwa Jagriti Mission (Dated : March 29, 2012)

Income Tax - Sections 11, 12A, 32 - AOP - Whether the income of the assessee being a Trust can be computed on commercial principles and while doing so whether depreciation on fixed assets can be allowed.


I M Constructions Pvt Ltd Vs CIT (Dated : March 27, 2012)

Income Tax - Writ - Sections 142(1), 148, 149, 282 - Whether when notice u/s 148 is issued, Revenue is not required to verify the change in address of the assessee -Whether when assessee is aware of the fact that a notice has been issued but wrongly despatched to his old address, the same is to be treated as deemed served - Whether the requirement u/s 149 is to 'issue notice' and not 'service of notice' as mandated u/s 34 of I-T Act, 1922.


M/s Tulsi Food Products Vs Dy.CIT, Lucknow (Dated : April 3, 2012)

Income Tax - Sections 115WE(2), 139(1), 143(2) - Whether a notice issued on 26.09.2008 u/s 143(2)/115WE(2) is within limitation when the return u/s 139(1) was filed on 24.07.2007.


Parixit Industries Pvt Ltd Vs ACIT (Dated : March 12, 2012)

Income Tax - Writ - Sections 80IA, 147 - Whether reassessment on the ground of second thoughts on the same set of materials furnished by the assessee is legally not sustainable.


CIT Vs M/s Jamnadas Virij Shares And Stock Brokers Pvt Ltd (Dated : March 26, 2012)

Income Tax - Sections 36(2), Rule 27 - Whether the Assessee can assail the order of the CIT (A) to the extent of the disallowance by taking recourse to the provisions of Rule 27.


Rajasthani Sammelan Sarvoday Balika Vidyalaya Vs DIT (Dated : March 26, 2012)

Income Tax - Writ - Sections 11(1)(d), 12A, 80G, 220(6) - Whether the assessee is

entitled to stay of the demand when the Petitioner does have serious issues to be urged before the CIT(A) in appeal.


M/s Hemadri Associates Vs ACIT, Bangalore (Dated : February 1, 2012)

Income Tax - Section 45 - AOP - Whether the Capital gains is to be taxed in individual hands or as Association of Persons (AOP).


CIT, Mangalore Vs M/s Shri Lakshmi Cloth Stores (Dated : February 22, 2012)

Income Tax - Sections 69B, 133A, 142(1), 143(2) - Whether when the AO has not rejected the books of the assessee, the Tribunal has a legitimate ground to interfere with the findings of the CIT(A).


Sitaram Vs CIT, Nagpur (Dated : January 10 & 12, 2012)

Income Tax - Writ - Sections 132B, 244A - Whether when Revenue seizes cash in a search from the assessee's premises, which turns out to be more than tax liability, entitlement of the assessee to interest on refund of excess sum cannot be denied.



CIT, Goa Vs V M Salgaonkar & Brothers Ltd (Dated : March 27, 2012)

Income Tax - Section 80HHC - Whether computational provisions of business income under chapter-VI is different from the computational provisions of chapter-VIA as the former gave an option to the assessee to opt for depreciation and later does not give such option, and hence while computing deduction of 80HHC depreciation attributable to the unit is required to be reduced from the profits of business - Whether loss incurred and disowned, by issuing disclaimer certificates, by the supporting manufacturing are required to be included in profits of business while computing deduction of 80HHC.


Mrs R Inbavalli Vs ITO, Chennai (Dated : February 20, 2012)

Income Tax - Sections 28(iv), 133A - Whether the Tribunal is right in holding that the net profit rate should be 4% even though the Tribunal had concurred with the findings

of the CIT(A) on consideration of the materials and records produced by the assessee and the Revenue on factual aspects - Whether the perquisites of business are taxable under clause (iv) of Section 28.


L G Electronics India Pvt Ltd Vs CIT (Dated : March 22, 2012)

Income Tax - Writ - Sections 194C, 194I - Whether when CIT himself forms an opinion that there was enough force in the plea of the assessee seeking stay of the demand, the direction to the assessee to deposit 30% of the demand will not be legally sustainable.


M/s CCI Ltd Vs JCIT, Udupi (Dated : February 28, 2012)

Income tax - Section 14A, Rule 8D - Whether when dividend income is incidental to the business of sale of shares, which remained unsold with the assessee, it cannot be said that expenditure incurred in acquiring shares is to be apportioned to the extent of dividend income and should be disallowed - Whether when the assessee takes loan and purchases shares and earns dividend income on unsold shares, any notional interest expenditure is to be disallowed.



Bombay Stock Exchange Ltd Vs DDIT (Dated : March 27, 2012)

Income Tax - Writ - Sections 11, 147, 148 - Whether the assessment can be reopened beyond 4 years when it is evident that there was a disclosure of the relevant and material facts before the AO and from that material, the AO formed a reason to believe that there was an escapement of income.


Karan Raghav Exports Pvt Ltd Vs CIT (Dated : March 14, 2012)

Income Tax - Section 271(1)(c) - Whether penalty should be imposed u/s 271(1)(c) when a debatable and arguable legal issue is decided against the assessee and the assessee had disclosed full and correct facts.


CIT, Chennai Vs M/s GEC Alsthom India Ltd (Dated : February 13, 2012)

Income tax – Sections 154, 252, 255 – Whether while passing the order, the Tribunal is duty bound to state the specific reasons for allowing or rejecting an appeal and has to be a speaking order.


Millennium Houseware Vs CIT, Valsad (Dated : March 12, 2012)

Income Tax - Writ - Section 127 - Whether reasons for transferring the case from one jurisdiction to other should emanate from the body of order and an order in which such reasons are absent can be termed as vitiated order - Whether when a division Bench of the High Court did not consider the verdict of Apex Court, the matter should be referred to Larger Bench.


CIT, Pune Vs Mr Purshottam B Khutale (Dated : March 16, 2012)

Income Tax - Section 45(5) - Whether when assessee is awarded enhanced compensation on compulsory acquisition of agricultural land, the same is to be taxed as capital gains of the previous year when the compensation was received even if the final appeal is pending before the High Court.


CIT, Pune Vs Finolex Cables Ltd (Dated : March 1, 2012)

Income Tax - Sections 80I, 80IB - Whether where substantial investment has been made and the new plant and machinery is installed in the newly constructed building it can be said that assessee has set-up a new industrial undertaking and it is not the expansion of earlier unit and hence the depreciation of such unit is not to be set-off with the income of that unit which enjoys deduction u/s 80I.


CIT, Mumbai Vs Divine Holdings Pvt Ltd (Dated : March 7, 2012)

Income Tax - Sections 119(2)(a), 143(3), 234A, 234B & 234C - Whether a notified person under the Special Court (Trial of Offences relating to Transactions in Securities) Act, 1992 is not liable to pay interest u/s. 234A, 234B, & 234C of the IT Act, 1961.


CIT, Bombay Vs M/s Airlines Hotel Pvt Ltd (Dated : March 30, 2012)

Income Tax - Section 37 - Whether settlement charges paid for re-acquiring a part of

running hotel business and legal expenses incurred in relation to the same are business expenditure as per Sec 37 of the Act.


CIT Vs Hero Auto Ltd (Dated : March 12, 2012)

Income Tax - Sections 35DDA, 263 - Whether when CIT fails to pinpoint the drawbacks in the AO's enquiry relating to warranty provision, invocation of revisionary powers u/s 263 cannot be sustained.


CIT Vs India Terminal Connector System Ltd (Dated : March 21, 2012)

Income Tax - Sections 143(3), 147, 148 - Whether assessment can be reopened on the basis of the information provided by the Directorate of Income Tax Investigation which was not available with the AO during the course of original proceedings.


CIT Vs Jai Hind Chs Ltd (Dated : March 21, 2012)

Income Tax - Sections 143(1), 148 - FSI - TDR - Whether the Principles of mutuality would apply when the consideration has flowed from the members to the Society as consideration for allowing the use of extra FSI.


Firoz Tin Factory Vs ACIT (Dated : March 26, 2012)

Income tax - Writ - Sections 143(3), 147, 156, 220(1) & (6), 226(3), 281B, Instruction No 1914 - Constitution of India - Art 226 - Whether before reducing the period of 30 days as per proviso to Sec 220(1), the Revenue is obliged to have reasons to believe that if the full period is allowed it may be detrimental to interest of Revenue - Whether JCIT who has powers to grant approval to the AO for reduction ofperiod is required to record reasons before exercising such powers.


CIT, New Delhi Vs Kamdhenu Steel & Alloys Ltd (Dated : December 23, 2011)

Income tax – Sections 68, 69, 148 – Whether when by providing adequate material prima facie the assessee discharged the burden of proving the identity of shareholders, genuineness of the transaction and creditworthiness of the shareholders, Revenue is supposed to make thorough probe of nature of the transaction before it could nail the assessee and fasten it with a liability u/s 68 and 69

of the Act – Whether when the AO issues notice u/s 148 mechanically on the information supplied by the DIT (Inv.) without applying his own mind and even did not care for the apparent mistake in the details on the basis of which notice is issued, the notice is rightly quashed.


CIT Vs Superior Crafts (Dated : March 6, 2012)

Income tax – 40A(2), (3), 142(2A) - Whether when the stock of finished goods is taken for different number of days for closing stock as compared to preceding year as per the export of goods, the same cannot be treated as change in the method of valuation of stock – Whether when the assessee joins hands with AEs to place bulk orders for purchase of raw materials at competitive price and transfers the same to them at cost or lesser price, any addition is warranted on such a ground - Whether section 40(A)(2) comes into play when there is no provision for making any addition on account of lower sale consideration as compared to the market value – Whether when the explanation of the assessee is sought for specific disallowance u/s 40A(2) and 40A(3), no disallowance can be made u/s 37 as no opportunity was given to the assessee to explain the same .



Areva T & D India Ltd Vs DCIT (Dated : March 30, 2012)

Income tax - Sections 32(1)(ii), 143(3) - Business or commercial rights of similar nature - Whether when assessee pays for business and commercial rights like business claims, business records, contracts and skilled employees in a slump sale of a running business, such rights are akin to a licence, eligible for depreciation u/s 32(1)(ii) as intangible assets.



Pal Enterprises Vs CIT (Dated : March 26, 2012)

Income Tax - Sections 28(iiid), 80HHC(3), 148 - Whether premium earned on sale of DEPB is to be treated as profit chargeable to tax u/s 28(iiid).


M/s De Souza Hotels Pvt Ltd Vs CCIT, Goa (Dated : March 29, 2012)

Income Tax - Writ - Sections 119(2), 234B, 234C - Whether the Petitioner is entitled for waiver of interest under Sections 234B and 234C when paragraph 2(d) of the Order F. No. 400/29/2002-IT(B), issued u/s 119(2)(a) does not apply to sections 234B and 234C.


CIT Vs Jagson International Ltd (Dated : February 29, 2012)

Income Tax - Sections 14A, 33AC, 80IA, 147, 148 - Whether when AO has made disallowances under various heads, Tribunal's cryptic order allowing the claims of the assessee is not sustainable.


CIT, Delhi Vs M/s Bharatpur Nutritional Products Ltd (Dated : March 15, 2012)

Income Tax - Section 41(1) - Whether the excise duty refund received by the assessee is assessable u/s 41(1).


CIT, Delhi Vs Leo Financial Services Ltd (Dated : March 20, 2012)

Income Tax - Sections 40A(2)(b), 94(7), 263 - Whether revisionary powers can be invoked in a case where the provisions of Sec 94(7) dealing with dividend stripping were made applicable from the AY 2002-03.


CIT Vs New Delhi Hotels Ltd (Dated : March 22, 2012)

Income Tax - Sections 36(1)(vii), 36(2), 37 - Whether a loss arising from the payment made for purchase of a property but not refunded is allowable u/s 37.


Ramankrishna Sathapatya Vs ITO (Dated : January 11, 2012)

Income tax – Sections 80IB(10), 147, 148 – Whether deduction u/s 80IB is not available to the assessee firm merely because the approval from local authorities was granted in the name of partners of the firm - Whether when the claim of the assessee was considered by the AO in the original assessment and allowed, the reassessment proceeding cannot be allowed merely due to change of opinion.


CIT Vs M/s Gopal Clothing Compay Pvt Ltd (Dated : March 22, 2012)

Income Tax - Section 2(22)(e) - Whether when the shareholders of the assessee-company are also shareholders of the company which advances loans, such a fact suffices the requirement of Sec 2(22)(e) - Whether it is necessary to take into account the voting rights of the shareholder before deemed dividend provisions are invoked.


CIT Vs Rupa Promotors Pvt Ltd (Dated : March 21, 2012)

Income Tax - Sections 40(a)(ia), 194C - Whether the disallowance made u/s 40(a)(ia) is to be deleted when there are contradictions in the findings recorded by the Tribunal and the AO and also the fact that the letter submitted by the assessee was not adverted to by the Tribunal.


CIT, Mumbai Vs Vandana Properties (Dated : March 28, 2012)

Income tax - Sections 2, 80IB(10), 133A - Whether for the purpose of Sec 80IB(10), an approval granted by the local authority to a building plan is to be construed as an approval for a 'housing project' - Whether when the expression 'housing project' in not defined in the Act, it is to carry the common meanng of the term - Whether when a new housing project is carried out on a piece of land where a few buildings stand constructed in the past, the new project is to be treated as an extension of the existing buildings, and thus cannot be allowed benefits of Sec 80IB(10) - Whether the size of the plot of land in Sec 80IB(10) is to be construed as the size of the housing project - Whether the size of the plot of land specified in Sec 80IB(10) as one acre is to be taken as a vacant plot.



Lunar Electricals Vs ACIT (Dated : March 22, 2012)

Income Tax - Section 144- Whether the Completed contract method can be adopted u/s 145 when an assessee follows mercantile system of accounting.


Natco Exports Pvt Ltd Vs CIT (Dated : March 12, 2012)

Income Tax - Section 37 - Whether when assessee has no history of sending its employees abroad for training, the sum spent on education of one of the Directors sent to the UK can be treated as expenditure incurred wholly and exclusively for the purpose of business u/s 37.


Northern Exim (P) Ltd Vs DCIT (Dated : March 7, 2012)

Income Tax - Writ - Sections 139(1), 147, 148 - VDIS - Sections 68(2), 72 - Whether when the assessee declares certain income under the VDIS for a particular AY, AO can still assume jurisdiction u/s 148 and reopen assessment on the ground that the income has escaped assessment - Whether jurisdiction u/s 148 can be assumed only on the ground of recorded reasons and no other materials.


CIT, Bangalore Vs Shri Sambandam Udaykumar (Dated : February 15, 2012)

Income Tax - Section 54F - Whether the essence of law for availing Sec 54F benefits is to ensure that capital gains earned by the assessee are invested in a residential house - Whether when the construction of the building is not completed within the stipulated period of three years after the assessee earns capital gains, even then the assessee is entitled to claim the benefits Sec 54F.



DTTDC Ltd Vs DCIT (Dated : March 20, 2012)

Income Tax - Writ - Sections 139(9), 143(2), 147, 148 - Whether reassessment can be resorted to when it transpires that assessee has not offered to tax the interest income earned on funds transferred to Transport Infrastructure Utilisation Fund.


White Silco Private Limited Vs ACIT (Dated : March 2, 2012)

Income Tax - Section 68 - Whether the Tribunal was justified in remanding the issue to the AO in respect of the addition made as “unexplained cash credit when the Tribunal has merely availed an opportunity to the assessee for having found insufficient evidence to sustain the order of CIT(A).


Ramjee Power Construction Ltd Vs UoI (Dated : January 25, 2012)

Income tax – Writ - Sections 132, 142(2A), 143(3), 153A, 281B – Whether when the case of the assessee is complicated and demand is not yet quantified, even then powers u/s 281B can be invoked for attaching property to safeguard the Revenue's interests.



CIT, Bangalore Vs Advanced Micronic Devices (Dated : February 23, 2012)

Income Tax - Sections 35D, 37 - Whether when Revenue fails to challenge the CIT(A) decision allowing one-fifth of payment as allowable deduction, the same can be challenged before the HC.


Major Metals Ltd Vs UoI (Dated : February 22, 2012)

Income tax – Sections 68, 143(3), 245A to 245M, 271(1)(c) - Whether the Settlement Commission can exercise its jurisdiction even when the CIT has not submitted its report as per the amended provisions – Whether the Commission has rightly held that the assessee has not submitted the true and correct income and the amount received as share capital alongwith share premium was not genuine as the assessee could not prove the reason for high value of share premium amount and has to be considered as addition u/s 68 in the hands of the company and not in the hands of the investing shareholders – Whether the Commission has rightly levied the penalty u/s 271(1)(c) when the true and correct facts were not produced and the assessee was heard specifically on the issue of penalty and it cannot be claimed that no opportunity was given.


CIT Vs M/s Godwin Steels Pvt Ltd (Dated : February 23, 2012)

Income tax – Sections 245C, 245D - Whether when the income tax settlement commission passed the order accepting the contention raised by the assessee on the basis of the report of JCIT without applying his mind and accepted the return / offered income without appreciating the objections raised by the CIT, the order is liable to be quashed as no proper procedure is followed.


Council For The Indian School Certificate Examinations Vs DGIT (Dated : March 20, 2012)

Income Tax - Section 10(23C)(vi) - Whether for the purpose of Sec 10(23C) benefits, an examination body cannot be treated as educational body.


Gujarat Alkalies & Chemicals Ltd Vs CIT (Dated : March 12, 2012)

Income Tax - Section 80-I - Whether when assessee enhances the capacity of the existing unit by going for substantial expansion by making huge investment, assessee cannot be allowed Sec 80I benefits merely because the new unit depends on the existing unit for completing the processes of production.



VLS Finance Limited Vs ACIT (Dated : March 5, 2012)

Income tax – Sections 132, 281B – Whether when the assessing officer does not extend the time limit for attachment u/s 281B, injunction/stay order does not on its own or by deeming friction extendes the period stipulated/mentioned in an order u/s 281B.


UTI Mutual Fund Vs ITO (Dated : March 14, 2012)

Income tax – Sections 10(23D), 160(1)(iv), 177(3), 220(6) – Stay of recovery proceedings – Whether when the AO has not disposed off the stay application filed by the assessee objectively that an appeal lies against his order and considered the matter from all its facets, balancing the interest of the assessee with the protection of the revenue, no recovery / attachment can be done.


CIT, Mumbai Vs M/s Sonata Software Ltd (Dated : March 6, 2012)

Income Tax - Sections 10A, 37, 80HHE, 139(5) - Whether when a business is sold as a going concern on a slump sale basis, the same is to be denied benefits of Sec 10A on the ground that the existing business was reconstructed - Whether the expenditure incurred on indigenisation is allowable as revenue expenditure when software is a product subject to high obsolescence.


CIT, Bangalore Vs M/s Intel Tech India Pvt Ltd (Dated : January 12, 2011)

Income tax - Sections 191, 195, 201(1), 201(1A) - Whether when the payee files the return and pays up tax on the sum received from payer without deduction of tax at source, the payer ceases to be an 'assessee in default' - Whether interest liability against the payer susrvives even if the tax is paid by the payee.


CIT, Ludhiana Vs Tilak Raj Kalra (Dated : February 25, 2012)

Income Tax - Section 2(24)(ix) - Whether incentive prize won by the assessee for having invested in small savings scheme falls within the definition of 'lottery' and is thus to be treated as taxable income u/s 2(24)(ix).



Shri Ghanshyam K Khabrani Vs ACIT, Thane (Dated : March 12, 2012)

Income Tax - Sections 147, 148 - Whether the Assessment for A.Y 2004-05 can be reopened when the case of the Revenue is that an amount of Rs.10 crores was received by the Assessee during the F.Y corresponding to A.Y 2003-04 but has not been brought to tax - Whether assessment can be reopened after 4 years when the power to be exercised by the AO has been exercised by a superior officer.


M/s Tata Toyo Radiators Pvt Ltd Vs UoI (Dated : March 19, 2012)

Income tax - Writ - Sections 143(3), 226(3) - Whether stay can be granted when a majort part of demand is adjusted against refund due to the assessee and disputable disallowances have been made by the AO.


CIT Vs Shri Vishwa Vigyan Telugu Linguistic Minority Education Society (Dated : March 6, 2012)

Income Tax - Sections 2(24)(iia), 68 - Whether without examining all the facts of the case Tribunal can delete the additions made.


CIT Vs Holostik India Ltd (Dated : February 14, 2012)

Income Tax - Rule 3 (3) of Cenvat Credit Rules, 2002 - Whether Utilization of Cenvat credit which is included in the price paid, is income earned.


CIT Vs Arens Developers & Engg (Dated : March 6, 2012)

Income Tax - Whether the AO can rely on rent capitalization method without a justification and material to hold, show and establish that there was an understatement of the sale consideration.


ITO Vs DG Housing Projects Ltd (Dated : March 1, 2012)

Income tax – Section 263 – Whether when the CIT has not gone into and has not given any reason for observing that the order passed by AO was erroneous except recording a finding that the order was erroneous, the order passed u/s 263 calls for quashing.


CIT, Ludhiana Vs Rakesh Jain (Dated : February 21, 2012)

Income Tax - Section 32(1)(ii) - Whether Tippers, Vibrator and Vibrator Soil Compactor are covered by the expression 'commercial vehicle' and thus, are eligible for higher depreciation.


CIT, AP-I, Hyderabad Vs M/s Ajay Automation Pvt Ltd (Dated : January 2, 2012)

Income Tax - Section 80HHC - Whether the computer software recorded on magnetic tapes is goods for the purposes of Section 80HHC benefits.


Fuller India Ltd Vs DCIT, Chennai (Dated : February 17, 2012)

Income tax – Sections 147, 148 – Whether when the AO issued notice u/s 148 and the assessee had not asked for the reasons recorded for issuing notice u/s 148, the reassessment proceedings were rightly initiated and it was for the assessee to raise its objections, if any, in respect of the impugned notices issued – Whether when an efficacious alternative remedy is available under a statute, the High Court would not exercise its extraordinary jurisdiction, under article 226.


Killick Nixon Ltd Vs DCIT, Mumbai (Dated : March 6, 2012)

Income Tax - Section 45 - Whether when all the three lower authorities follow the guidelines prescribed by the Apex Court to determine the authenticity of a transaction and determine the sale and purchase transactions of shares as sham, any flaw can be pointed out in their decisions based on pure facts - Whether when assessee provides BG to a third party and incurs losses the same cannot be claimed as business loss merely because it was done first time in the business.


CIT Vs Virtual Soft Systems Ltd (Dated : February 7, 2012)

Income tax – Sections 143(3), 145, 148, 152, 211, 263 – Whether when the assessee

claimed the lease rental equalization amount following the guidance note issued by the ICAI and lease equalization charge is a method of re-calibrating the depreciation claimed by the assessee, no disallowance is called for.


CIT Vs Machino Plastic Ltd (Dated : February 28, 2012)

Income Tax - Section 14A - Whether when assessee has not been able to maintain separate account of expenses relating to dividend income, even then no disallowance can be made.


CIT Vs Shriram Pistons & Rings Ltd (Dated : February 16, 2012)

Income Tax - Section 37 - Whether when assessee pays up commission based on agreements, any disallowance can be made of the same by disputing that the agents did not render any service.


Siemens Information Systems Ltd Vs ACIT, Mumbai (Dated : February 9, 2012)

Income Tax - Sections 10A, 143(3), 147, 148 - Whether beyond a period of four years, the jurisdictional condition for reopening the assessment u/s 147 has been fulfilled when the AO has come to the conclusion that it was during the course of the assessment proceedings for A.Y 2006-07 that facts were brought out which were not truly and fully disclosed by the assessee in A.Y 2004-05.


Xavier's Institute Of Management, Bhubaneshwar Vs State Of Orissa And Others (Dated : November 24, 2011)

Income tax – Sections 10(23C)(iv), 11, 12A, 143(1), 154 – Whether the assessee will not be entitled to exemption u/s 10(23C)(iv) where the objects of the concern include other objects other than the educational objects and will be allowed only if it exists ‘solely' for educational purposes and not for the purposes of profit.


CIT Vs Siel Holdings Ltd (Dated : February 23, 2012)

Income Tax - Sections 14A, 41(1) - Whether an amount can be added as income by invoking Section 41(1) when the provisions of contingency have not been, debited to the P & L A/c.


Rn Soin And Sons Pvt Ltd Vs Appropriate Authority And Ors (Dated : February 2, 2012 )

Income tax - Sections 269U to 269 UP, Chapter XX-C - Whether while determining the value for the purpose of seeking permission u/s 269UD in Form 37-I, the value as on the date of agreement has to be seen and not the date on which the application in Form 37-I is submitted.


CIT, Kolkata Vs Virgin Creations (Dated : November 23, 2011)

Income tax - Section 40(a)(ia) - Whether Sec 40(a)(ia) has retrospective operation.


CIT, Bilaspur Vs Shri Abdul Aziz (Dated : February 14, 2012)

Income Tax - Section 68 - Whether addition u/s 68 can be made when the assessee had satisfactorily explained the cash credits appearing in the names of various persons, in his books.


State Of Uttarakhand Through Collector Nainital And Another Vs CIT, Dehradun (Dated : March 2, 2012)

Income tax - Section 194C, Rule 30 - Whether when tax is deducted u/s 194C, any time limit is prescribed in the law to deposit the tax deducted - Whether a State Govt can be construed as a 'person' as per the I-T Act, and thus interest for late deposit of tax deducted can be imposed.


CIT, Bangalore Vs M/s Ranka & Ranka (Dated : November 2, 2011)

Income Tax - Section 260A, Instruction No.3/2011 - Whether when the CBDT Instruction expressly states that benefit of the said policy is prospective, even then courts can resort to an interpretation so as to make it retrospective.


DR Roop Vs CIT, Meerut (Dated : March 2, 2012)

Income Tax - Writ - Sections 131(1A), 132 (1), CBDT Instruction No 4 of 2004 -Whether when a satisfaction has been recorded before issuing warrant, assessees can challenge the jurisdiction of the Revenue to conduct search and seizure operation.


VRA Cotton Mills Pvt Ltd Vs UoI (Dated : September 27, 2011)

Income Tax - Writ - Section 143(2) - Whether the date of receipt of notice or the date of issue of notice is relevant to determine, limitation for purpose of section 143(2).


CIT, Muzaffar Nagar Vs Senior Manager, SBI (Dated : February 27, 2012)

Income Tax- Sections 26, 194-I - Whether it is necessary to deduct tax u/s 194-I when the co-owners have a definite share in the building and the amount received by each co-owner is less than Rs 1,20,000.


Voltas Ltd Vs ACIT, Mumbai (Dated : February 15, 2012)

Income Tax - Sections 147, 148 - Whether the reasons indicated by the AO is reflective of the fact that there is an escapement of income but, that in itself is sufficient to validate the reopening of assessment beyond a period of four years.


DIT Vs The Chambur Gymkhana (Dated : February 13, 2012)

Income Tax - Sections 2(15), 11, 148 - Whether the assessee is a charitable organization when the membership of the Society is drawn from a diverse cross section of the society.


CIT, Mumbai Vs Shri Shreyas S Morakhia (Dated : February 28, 2012)

Income Tax - Sections 36(1)(vii); 36(2) - Whether the assessee, who is a share broker, is entitled to deduction by way of bad debts in respect of the amount which could not be recovered from its clients in respect of transactions effected by him on behalf of his clients apart from the commission earned by him.


CIT, Mumbai Vs Hindustan Lever Ltd (Dated : February 1, 2012)

Income tax – Sections 80I, 80IA, 80HH, 263 – Whether when the assessing officer has not applied his mind while allowing deduction without allocating the expenses to the eligible units, the CIT is right in revising the order u/s 263 of the Act as it was prejudicial to the interest of revenue and was erroneous.

2012-TIOL-170-HC-GAUHATI-IT-LB

CIT, Guwahati-I Vs Shri Jawahar Bhattacharjee (Dated : February 7, 2012)

Income tax - Sections 54F, 263 - Whether assessment orders passed on wrong assumption of facts, on incorrect application of law, without due application of mind or without following principles of natural justice are not beyond the scope of Section 263 of the Act - Whether power u/s 263 is as much as the power of the AO to make assessment.



CIT, Coimbatore Vs M/s S K M Animal Feeds & Foods India Ltd (Dated : January 09, 2012)

Income Tax - Section 154 - Whether decision on a debatable point of law is a mistake apparent from the record for the purpose of section 154.


CIT, Jalandhar-II Vs Sunil Kumar Chhabra (Dated : February 1, 2012)

Income Tax - Section 143(2) - Whether service would be deemed to be sufficiently effected if a letter containing the document is not properly addressed.

2012-TIOL-166-HC-DEL-WT

DIT Vs Aparna Ashram (Dated : February 3, 2012)

Wealth tax – Section 21AA, Circular No 508 of 1981 – Whether when the assets of society belong to the society itself and the members do not have any right in the income or assets and thus, there is no question of indeterminate unknown share as it is nil, even then section 21AA is applicable as association of persons.


CIT, Madras Vs M/s New Ambadi Estates Pvt Ltd (Dated : February 10, 2012)

Income tax - Sections 43(5), 143(1)(a), 143(3) - Whether when the bank purchases non-convertible debentures at discount and there is actual delivery, the loss resulting from such transactions is speculative loss u/s 43(5) and not capital loss - Whether non-convertible debentures are neither commodity nor shares or stocks.



Basu Distributor Pvt Ltd Vs ACIT (Dated : February 6, 2012)

Income Tax - Section 40A(3), Rule 6DD - Whether when cash payments are made and the assessee furnishes details of bank statements and ledger of payees, no disallowance can be made for violation of Sec 40A(3).


Naresh Chand Baid Vs ACIT, Raipur (Dated : October 17, 2011)

Income Tax - Sections 132, 158BC - VDIS - section 64(2) of the Finance Act, 1997 -Whether the warrant of authorization issued in the name of the firm enables Revenue to conduct search in the premises of the partner and make an assessment u/s 158BC - Whether the assessee is eligible for immunity benefit under the VDIS Scheme, 1997 when search is conducted u/s 132.


CIT Vs Elel Hotels & Investment Ltd (Dated : February 14, 2012)

Income Tax - Section 260A - Whether when the assessee unilaterally terminates agreement with the ITC and later reaches some sort of settlement, Tribunal is right in ignoring the contentions of the Revenue and accepting the assessee's version on termination of licence.


Anand Education Society Vs DGIT, Delhi (Dated : February 2, 2012)

Income tax - Sections 10(23C)(vi), 12A, 143(3), 148 - Whether registration u/s 12A can be denied without going into the merit of the allegations.


CIT Vs Becharbhai P Parmar (Dated : January 10, 2012)

Income tax - Sections 132, 158BFA, 271(1)(c) - Whether the penalty u/s 158BFA (2) is mandatory in nature - Whether while levying penalty u/s 158BFA(2), the concept of

proving concealment of income cannot be applied as section 158BFA (2) does not require so and the penalty imposable u/s 271 [1](c) of the Act is different from Section 158BFA(2) - Whether when in the search proceedings, the addition is made even on estimated basis and is accepted, the penalty cannot be deleted stating that the addition was made on estimated basis as it would amount to re-opening the question of quantum addition.



CIT Vs M/s Samora Hotels Pvt Ltd (Dated : February 23, 2012)

Income tax - Sections 269SS, 271D, 273B - Companies (Acceptance of Deposits) Rules - Whether provisions of Sec 269SS do not get attracted when the deposits are in the nature of share application money - Whether the expression 'any other person' in Sec 269 excludes the Directors of the assessee company which accepts the loans or deposits - Whether relief u/s 273B is available to the assessee only if it establishes the presence of reasonable cause for accepting the payment not by account payee cheque.



CIT, Madurai Vs Sarvodaya Ilakkiya Pannai (Dated : January 25, 2012)

Income tax - Sections 11(1), 12A, 12AA(3) - Whether when Revenue finds the objects of the society charitable at the time of granting registration, it can invoke powers u/s 12AA(3) and cancel the same on the ground that it was involved in sale and purchase of books, which cannot be charitable.


Arun Shungloo Trust Vs CIT (Dated : February 13, 2012)

Income tax - Sections 2(42A), 45, 48, 49(1) - Whether when a property purchased prior to 1981 is transferred to a Trust in 1996, the Trust is entitled to indexed cost of acquisition for the period after 1996 and not from 1981 on sale of the property -Whether where provisions of Sec 49 apply and indexed cost of improvement is allowed, the benefits of indexed cost of acquisition is also available to the assessee.



Dinesh Babulal Thakkar Vs ACIT (Dated : January 23, 2012)

Income Tax - Sections 2(47), 45, 132A - Whether the gift can be considered as genuine when the authorities have questioned the very source of the gift - Whether addition in respect of short term capital loss is justified when the device to set off

capital gains earned by sale of jewellary and diamond is very apparent from the evidence on record due to contemporaneous record.


CIT, Bangalore Vs M/s Ask Brothers Family Trust (Dated : November 8, 2011)

Income Tax - Sections 56 (2)(iii), 143(1) - Whether when assessee enters into agreement to grant only licence to use the premises equipped with furniture and fixtures, such income is to be treated as income from 'other sources' and not income from house property.


Pramod Mittal Vs CIT (Dated : February 8, 2012)

Income Tax - Section 78(2) - Whether the assessee is entitled to set off loss suffered by the partnership firm when the assessee took over the business of the erstwhile partnership firm but it was not a case of succession by inheritance.


CIT Vs Nova Promoters & Finlease (P) Ltd (Dated : February 15, 2012)

Income tax – Sections 68, 147, 148 - Whether when the AO has received information from the investigation wing that the assessee had received share application money from the entry providers, the initiation of proceedings u/s 147 cannot be treated as illegal as at the stage of issuing the notice u/s 148 the merits of the matter are not relevant and the AO at that stage is required to form only a prima facie belief or opinion that income chargeable to tax had escaped assessment – Whether when the assessee could not shift its onus to prove its claim of genuine share application money received as it could not produce the persons from whom the assessee submitted affidavits at the assessment stage that the transactions were genuine though before the issuance of notice u/s 148 they accepted that the transactions were not genuine, the addition is rightly made u/s 68 of the Income tax Act.


Gem Sanitary Appliances Pvt Ltd Vs CCIT, Delhi (Dated : February 7, 2012)

Income Tax - Writ - Sections 132, 234A, 234B & 234C - Whether when assessee is largely responsible for delay in filing returns after a search was conducted, any relief by granting waiver of interest can be granted.


NYK Line (India) Ltd Vs DCIT (Dated : February 10, 2012)

Income Tax - Sections 147, 148 - Whether assessment can be reopened beyond four years in respect of Container Detention Charges when the assessee had clearly disclosed the material facts, in the notes forming part of the accounts and such a disclosure was also made by the statutory auditors in their report.


Meghmani Organics Ltd Vs ACIT (Dated : January 23, 2012)

Income Tax - Sections 147, 148 - Whether reopening of the assessment is permissible beyond the period of four years when the reasons for reopening were within the knowledge of the AO while original assessment was being framed.


Indian Del Pvt Ltd Vs CIT (Dated : February 15, 2012)

Income Tax - Section 80HHC - Whether sale of goods to UNICEF office in India can be construed as export out of India in the context of Section 80HHC.


CIT, Mumbai Vs M/S Galaxy Surfactants Ltd (Dated : February 7, 2012)

Income tax - Sections 10B(4) & (8), 70, 71, 72 - Whether when assessee has several EoU units, and one of the units suffers from losses on account of current depreciation, it cannot be set off against profits of other units - Whether provisions of Sec 70 would apply in this case as there is no statutory prohibition against the entitlement of the assessee.


CIT, Mumbai Vs M/s Polychem Ltd (Dated : February 8, 2012)

Income tax - Section 45, 50B - Whether when the assessee sells the whole undertaking as a going concern alongwith the employees and various licenses and the cost of the assets cannot be determined separately, no capital gain can be taxed on the amount received in excess of the written down value of the assets transferred -Whether prior to insertion of section 50B, the profit arising on the sale of the undertaking as a whole cannot be taxed.



General Co-Operative Bank - Through Liquidator Vs ACIT (Dated : November 18, 2011)

Income tax - Section 147, 148 - Whether when the assessee has fully and truly disclosed all the material facts necessary for the assessment, no notice u/s 148 can be issued for the same beyond 4 years period from the end of relevant year.


CIT Vs Indian Sugar Exim Corporation Ltd (Dated : February 3, 2012)

Income Tax - Section 14A - Whether disallowance u/s 14A can be made on interest expenditure when the instruments resulting in tax free income were purchased in the earlier years, whereas the bank loan was availed of in the present year for specific purpose.


CIT Vs Lakshmiji Sugar Mills Ltd (Dated : February 6, 2012)

Income Tax - Section 32 - Whether an asset can be said to be in use when it is kept ready for use for purpose of section 32.


Sun Investment Pvt Ltd Vs ACIT (Dated : February 15, 2012)

Income tax – Sections 115JB, 143(3), 148 – Whether when the assessee had disclosed full and complete disclosure of the provision made for the diminution of the value of unquoted investment and in the original assessment order, the amount was not added in the working of the book profit u/s 115JB, the assessment cannot be reopened for the failure of the assessee after completion of four years from the end of the AY – Whether when the assessment was not made u/s 143(3) but the summary assessment is made u/s 143(1), the AO has rightly reopened the assessment as in such cases it cannot be contended that the reassessment proceedings were prompted by a change of opinion.


CIT Vs Kanti Bhai Damani (Dated : February 2, 2012)

Income tax - Sections 132, 158BC - Voluntary Disclosure Scheme - Sec 68(2) -Whether disclosures made under Voluntary Disclosure Scheme can be brought to tax under block assessment proceedings.



Dr H S Bawa Vs CIT (Dated : January 24, 2012)

Income tax – Sections 143(1), 148, 149 – Whether when the assessment is made u/s 143(1), mere production of books of account would not amount to full and true disclosure within the meaning of section 147 and therefore, the time limit for issuance of notice u/s 148 will be as per section 149(1)(a) and not as per section 149(1)(b).



DCIT, Bangalore Vs M/s G S Homes & Hotels Pvt Ltd (Dated : September 16, 2011)

Income tax – Whether when the assessee company receives deposits from the shareholders of the company in lieu of the allotment of the land with a perpetual, uninterrupted, absolute and exclusive right to use and enjoy such apartment and the common area, along with the right to exploit, let out in proportion of their share, the amount received has to be considered as business income and the principle of mutuality is not applicable.


CIT Vs Munjal Showa Ltd (Dated : February 3, 2012)

Income Tax - Sections 147, 148 - Whether the reassessment proceedings u/s 147 can be initiated on the issue of royalty payment when the same has been reflected in the profit and loss account in a separate heading, “manufacturing and other sale expenses”.


Vatika Limited Vs ITO, New Delhi (Dated : February 13, 2012)

Income tax - Writ - Sections 143(2) & (3), 147, 148 - Whether when the original assessment was completed under scrutiny, notice u/s 148 issued beyond four years, alleging wrong claim of depreciation when there was no income in that particular year, is even then sustainable even if there is no new information available with the Revenue.


Sinhagad Technical Education Society Vs CIT, Pune (Dated : February 1, 2012)

Income Tax - Section 12AA(3) – Whether the amendment is retrospective in operation if a part of the requisites for the action u/s 12AA (3) is drawn from a time prior to its passing namely registration as a charitable trust u/s 12A prior to 2010.


CIT, Ludhiana Vs M/s Varindra Construction Company (Dated : January 24, 2012)

Income tax – Sections 143(3), 154 – Whether when the assessee claims depreciation on trucks owned and used for own purpose and not for hiring, the depreciation rate applicable will be 25% and not 40% as claimed by the assessee and the AO has rightly rectified the assessment order as it is not a debatable issue.


Shri Mahila Griha Udyog Lijjat Papad Vs DDIT (Dated : January 31, 2012)

Income tax - Sections 10(23B), 143(3), 148 - Whether when in the original assessment proceeding the claim of the assessee u/s 10(23B) has been accepted, no reassessment proceedings can be initiated after four years from the end of the relevant assessment year merely on the basis of change of opinion.



CIT, Mumbai Vs ICICI Bank Ltd (Dated : February 8, 2012)

Income Tax - Sections 36(1), 80M, 147, 148, 263 - Whether Explanation 3 to Section 147 will obviate the bar of limitation u/s 263(2) - Whether when the jurisdiction u/s 263(1) is sought to be exercised with reference to an issue which is covered by the original order of assessment u/s 143(3) and which does not form the subject matter of the reassessment, the limitation begin to run from the order u/s 143(3).


CIT Vs Prasad & Co (Dated : February 2, 2012)

Income tax – Sections 36(1)(vii), 37, 131, Whether when the AO has not doubted the transaction but doubted only with whom the transaction took place, the expenditure incurred by the assessee by way of bad debts as the amount was not recoverable, is still allowable – Whether the penalty paid by the assessee for margin money and other violations of timely delivery is allowable as business expenditure.


CIT, Mumbai Vs Talathi And Panthaky Associates Pvt Ltd (Dated : January 30, 2012)

Income tax - Capital v Revenue Expenditure - Whether when assessee pays certain sum to a developer of a property which the assessee was occupying as tenant, for repair and reconstruction, such an expenditure is to be construed as capital in nature.


Dy.CIT Vs General Sales Pvt Ltd (Dated : February 10, 2012)

Income tax - Sections 271(c), 276C – Whether when the assessee prima facie aids circumstances to exist which would have the effect of enabling them to evade the income tax, penalty or interest chargeable, explanation (iv) to section 276 (c)(ii) would apply in such a case.


Artech Infosystems Pvt Ltd Vs CIT, Delhi (Dated : January 31, 2012)

Income tax – Sections 147, 148, 263 – Whether the notice issued u/s 148 for reopening the assessment merely on the ground of incorrect particulars is an invalid notice.


CIT Vs M/s Jagat Novel Exhibitors Pvt Ltd (Dated : February 8, 2012)

Income tax - Sections 139(1), 142(1), 143(2), 147, 148, 154, 249(4)(a), 250, 292B -Whether when an assessee is granted exemption from payment of advance tax u/s 249(4)(b) during appellate proceedings, it is mandatory for the first appellate authority to record sufficient reasons for doing so - Whether when Revenue issues notice u/s 148, mere failure to mention the words 'Principal Officer' and 'Pvt Ltd' results in vagueness which justifies quashing of entire assessment proceedings -Whether when misdescription is not fatal, provisions of Sec 292B come into play.



CIT Vs M/s Darshan Securities Pvt Ltd (Dated : February 2, 2012)

Income tax - Sections 28, 72, 73(1), 143(3) - Whether while computing gross total income as per explanation to Sec 73, share trading loss cannot be adjusted against income from service charges.



CIT, Bilaspur Vs ITAT, Jabalpur (Dated : November 8, 2011)

Income tax - Sections 69C, 132(1), 143(2), Rule 46 - Undisclosed investment -Whether when assessee's diary found during search reveals names of several individuals and certain sums mentioned against them, the same cannot be treated as undisclosed investment u/s 69C particularly when they have been examined by the Inspector of Income tax and also an affidavit has been filed denying receiving any loan from the assessee.


CIT, Madurai Vs Arulmigu Sri Kamatchi Amman Trust (Dated : January 25, 2012)

Income tax - Sections 11, 12AA - Whether registration u/s 12AA cannot be denied even if assessee Trust is not created with both charitable and religious purposes -Whether provisions of Sec 11 are applicable to Trust created with both the object of charitable as well as religious.


CIT Vs Mother Dairy India Ltd (Dated : January 30, 2012)

Income Tax - Sections 133A, 194H, 201(1), 201(1A) - Whether when the ownership of dairy products vests in concessionaire on sale, such a relationship falls within the meaning of principal to principal relations, and no TDS obligation arises u/s 194H.


CIT, Delhi Vs Indian Sugar & Gen. Industry Export Import (Dated : January 30, 2012)

Income tax – Whether when the autitor's report contains a note with respect to incorrectness of the balance-sheet, additions made on the ground of change in the method of valuation are sustainbale - Whether when there is a difference between the international and domestic prices, the sum reimbursed to the assessee by the sugar mills is taxable receipt.


CIT Vs Standipack Pvt Ltd (Dated : January 25, 2012)

Income Tax - Section 2(22)(e) – Whether the provisions of section 2(22)(e) will apply if a person is a registered shareholder but not the beneficial shareholder.


Parvati Construction Thru Vs ITAT, Lucknow (Dated : January 18, 2012)

Income tax - Sections 44AD, 147, 152(2) - Whether when a sum is awarded to the assessee through a process of arbitration, interest received on such award is to be treated as income from other sources.



Regency Soraj Infrastructures Vs UoI (Dated : January 24, 2012)

Income tax – Sections 80IA(4)(iii), 295, Rule 18C – Whether benefit of Sec 80IA can be availed only after an industrial park scheme is framed and gazetted - Whether no benefit u/s 80IA can be claimed when there is a time gap in notifying the Scheme with retrospective effect.



CIT Vs Ulike Promoters Pvt Ltd (Dated : January 24, 2012)

Income tax – Sections 142(2A), 153B - Whether while making an assessment order after directions for special audit u/s 142(2A), the AO should have a minimum period of 60 days to complete the assessment.


CIT Vs Mohan Meakin Limited (Dated : January 30, 2012)

Income tax – Section 41(1) – Whether prior to insertion of explanation 1 to section 41(1) w.e.f. AY 1997-98, the unilateral act of writing back of advances would not be considered as remission or cessation of the liability and the amount merely written back in the books of the assessee cannot be taxed u/s 41(1) – Whether when no expenditure is claimed by the assessee in the preceding years for the excess provision of expenses, uncashed cheques, unpaid dividend etc, the amount written off cannot be taxed u/s 41(1).


Sitara Diamond Pvt Ltd Vs DCIT (Dated : January 24, 2012)

Income Tax - Writ - Sections 10A, 143(3), 147, 148 - Whether when the reasons set out for reopening assessment are not clear, it is to be treated as mere change of opinion for initiating reassessment.


CIT Vs Surendra Rajkumar Agrawal (Dated : December 28, 2011)

Income tax – Section 80IB – Whether the activity of slitting of plastic rolls is to be treated as manufacturing, and deduction u/s 80IB is to be allowed.

2012-TIOL-101-HC-PATNA-IT

CCIT, PATNA Vs The State Of Bihar (Dated : February 2, 2012)

Income Tax Raids – Recording of Statement till 3 AM on the second day violates Human Rights


DIL Ltd Vs ACIT (Dated : January 24, 2012)

Income Tax - Sections 115JB, 143(3), 147, 148 - Whether retrospective amendment of law by Parliament in itself is sufficient for reopening an assessment beyond the period of four years.


M/s Karnataka Instrade Corporation Ltd Vs ACIT, Bangalore (Dated : January 18, 2012)

Income Tax - Section 45 - Whether an amount if transferred to capital reserve or deployed as capital investment or utilizes in any other manner will not become capital gain.


CIT, Bangalore Vs Nova Nordisk Pharma India Ltd (Dated : January 5, 2012)

Income tax - Sections 194C, 201(1A), Circular No 681 of 1984 - Whether when assessee outsources manufacturing of a pharma product for which raw materials are supplied by a foreign company having interest in the assessee company and trade mark of assessee to be labelled on such products, conversion charges attract provisions of Sec 194C - Whether interest u/s 201(1A) is leviable in case of default.



CIT Vs Panacea Biotech Ltd (Dated : January 17, 2012)

Income Tax - Section 37(1) - Whether the expenditure incurred for registration of pharmaceuticals products in foreign countries should be deferred over the period of 5 years on the basis that the registration was valid for a period


Shankar Trading Co P Ltd Vs CIT (Dated : January 20, 2012)

Income Tax - Sec 43B - Whether interest actually paid on additional sales-tax can be claimed as deduction u/s 43B.


CIT Vs Tedco Granite Ltd (Dated : January 23, 2012)

Income Tax - Section 271(1)(c) - Whether when AO fails to take note of fresh materials produced by the assessee but the Tribunal does so, penalty is not warranted.


CIT, Chennai Vs M/s Madras Electrical Conductors Pvt Ltd (Dated : January 2, 2012)

Income Tax – Sections 71, 143(3), 263 - Whether business expenditure and the business loss can be set off against the income from the house property after theclosure of the business in the earlier years – Whether the benefit of Section 71 would be available to the assessee in the event there had been unity of control and management in respect of a composite business.


Rajat Export Import India Pvt Ltd Vs ITO (Dated : January 18, 2012)

Income tax - Writ - Sections 143(1), 148 - Whether when there is a live link of the reason recorded which reflect escapement of income, the assessing officer has correctly issued notice u/s 148 - Whether at the stage when reasons are recorded for reopening the assessment, it is only to be seen that the material before the AO is relevant for forming the prima facie belief that income chargeable to tax has escaped assessment and AO is not required to build a fool proof case for making addition to the assessee's income.


CIT Vs Software Consultants (Dated : January 17, 2012)

Income Tax - Sections 148, 263 - Whether when AO fails to make additions on the basis of grounds recorded for issuing notice u/s 148, such an order is a fit case for invocation of revisionary powers u/s 263.


M/s Shri Venkteshwar Sugar Mills Vs CIT, Lucknow (Dated : January 12, 2012)

Income Tax - Section 145(2) - Whether the AO is justified in determining the G.P. rate @ of 27% by taking comparative figure of the assessee for the previous A.Y. when the books of accounts of the assessee was rejected.


CIT, Chennai Vs M/s Tube Investments Of India Ltd (Dated : January 4, 2012)

Income Tax - Sections 41(1), 43B - SICA Act - Sec 18(4) - Whether the provisions of section 32 of SICA override the effect of the provisions of section 43B of the Income Tax Act.


T & T Motors Ltd Vs ACIT (Dated : January 24, 2012)

Income tax - Sections 37(3A), 115WB(2)(D) - Whether when a car dealer provides accessories to purchasers on complimentary basis, same is to be construed as 'hospitality' and expenditure incurred is liable to Fringe Benefit Tax.



Gadodia Electronics Pvt Ltd Vs CIT (Dated : January 19, 2012)

Income Tax - Section 269UL(3) - Whether when the Appropriate Authority has accepted the sale consideration of the land and building, even then the AO can go into the computation of bifurcation of sale consideration between the land and the building.


CIT Vs AT & T Communication Services India Pvt Ltd (Dated : January 19, 2012)

Income tax - Sections 40(a)(i), 271(1)(c) - Whether any question of law arises when Tribunal has rejected the interpretation resorted to by the assessee for the expression 'tax has been paid or deducted' while discussing the meaning of Sec 40(a)(i).


CIT Vs Panna Lal Roshan Lal Jewellers Pvt Ltd (Dated : January 17, 2012)

Income Tax - Sections 69B, 133A - Whether addition cannot be made u/s 69B when the cost price of the stock as recorded in the books was not rejected or adversely commented upon in the assessment order.


Doshion Ltd Vs ITO (Dated : January 16, 2012)

Income Tax - Sections 147, 148 - Whether the assessment can be reopened beyond 4 years on the ground that by virtue of Explanation to Section 80IA added with retrospective effect from 1.4.2000, income derived from the works contract would not qualify for deduction u/s 80IA.


DIT Vs Society For Development Alternatives (Dated : January 13, 2012)

Income Tax - Sections 12A, 13(1)(c)(ii), 80G - Whether when a charitable body pledges its FDRs to enable two other registered societies to obtain loan from a bank, such activity results in violation of Sec 13(1)(c) - Whether when assessee fails to utilise certain grants, this amounts to violation of Sec 12.



CIT Vs Regency Park Property Management Services Pvt Ltd (Dated : January 5, 2012)

Income Tax - Section 263 - Whether the Tribunal is right in quashing the order passed by the CIT u/s 263 when the AO had not dealt with and examined whether the assessee was following completion method or percentage completion method -Whether the said expenditure can be claimed as an expense in the A.Y in question.


Surbhi Builders And Development Vs ACIT (Dated : January 10, 2012)

Income tax – Sections 148, 150 – Whether when the original assessment is made considering the explanation given by the assessee, the notice issued u/s 148 merely on the ground that the CIT (A) has given a finding that the income is not relating to the preceding assessment year and thus should be added in the impugned assessment year, is not a valid notice.


Nickunj Eximp Enterprises Pvt Ltd Vs ACIT, Mumbai (Dated : January 12, 2012)

Income Tax - Section 142(2A) - Whether AO's opinion vis-à-vis complexity of accounts is a condition precedent for issuing direction of audit - Whether when AO fails to deal with the objections of the assessee filed, stay should be granted till the disposal of objections.


N J Devani Builders Pvt Ltd Vs DCIT (Dated : November 28, 2011)

Income Tax - Sections 143(3), 147 - Whether advance received by the assessee, against the purchase of material at the site before the execution of work, can be treated as income of the assessee.


CIT Vs Radhe Developers (Dated : December 13, 2011)

Income tax – Sections 2(47)(v), 80IB(10) - Transfer of Property Act - Sec 53A –Whether, to avail Sec 80IB(10) benefits, it is mandatory for the assessee to have ownership of the project land - Whether where the risk has been transferred to the assessee, it cannot be said that the assessee is only a works contractor and thus, the deduction is not to be allowed.



Kalpataru Sthapatya Pvt Ltd Vs ITO (Dated : January 10, 2012)

Income Tax - Sections 147, 148 - Whether assessment can be reopened beyond the period of four years on the reason that the housing project developed by the petitioner occupied commercial establishment exceeding 5% of the constructed area for the A.Y 2004-05


CIT, Pune Vs M/s Inox Air Products (Dated : January 9, 2012)

Income Tax - Section 32 - Whether the assessee is entitled to 100% depreciation on storage tanks, transport tanks and cold converters.


CIT Vs Pradeep Agencies (Dated : January 11, 2012)

Income Tax - Sections 167(B)(2), 271(1)(c) - Whether penalty proceedings can be initiated u/s 271(1)(c) when the Tribunal itself is in doubt as to which of the two views are to be preferred.


CCE, Bangalore Vs M/s Horizon Capital Ltd (Dated : October 24, 2011)

Income Tax - Sections 82A, 87, 88E, 115JB, 148 - Whether assessee is entitled to rebate for STT paid even if the total income is c omputed u/s 115JB.



M/s Maheshwari Agro Industries Vs UoI (Dated : December 15, 2011)

Income tax – Sections 145(3), 154, 220(6), 226(3), 246, 246A, 250, 251 – Whether the first appellate authority has inherent and implied powers to grant stay even though the provisions of section 246, 246A, 250 and 251 of the Act do not confer any specific power as such first appellate authority to grant stay against the recovery of disputed demand – Whether where the income assessed is several times than the returned income, Instruction no. 95 dated 21/08/1969 has to be considered which is binding on all the assessing authorities.



Aquafil Polymers Co Pvt Ltd Vs ITO (Dated : November 28, 2011)

Income Tax - Sections 80IA, 147, 148 - Whether reassessment can be initiated beyond the period of four years even if the same was framed after scrutiny for allowing Sec 80IA benefits.


Bhanuvijaysingh M Vaghela Deceased Through Legal Heir Vs ITO (Dated : December 1, 2011)

Income Tax - Sections 69, 132 - Whether evidentiary value of documents found during search would prevail over the affidavit of legal heir, and the same cannot be ignored merely because the searched person was not cross-examined by the deceased persons.


Ganesh Housing Corporation Ltd Vs DCIT (Dated : January 11, 2012)

Income Tax - Sections 80IA, 115JB, 147, 148 - Whether reopening of assessment can be held to be valid on the ground that the assessee's industrial park was not notified by the CBDT till the end of relevant year, and therefore, deduction made available u/s 80IA [4](iii) was wrongly claimed and granted in the scrutiny assessment.


Orissa Rural Housing Development Corporation Ltd Vs ACIT, Bhuneshwar (Dated : December 15, 2011)

Income tax - Section - 13991), (5) & (9), 142(1), 143(2), 234B, 264 - Whether when assessee has filed its return, it can make changes in its claims by filing a revised statement of income sans filing a revised return u/s 139(5) - Whether when assessee files its return based on mercantile system of accounting, it can file its revised return by switching over to cash system - Whether for issuing notice under 142(1) or 143(2), the I-T Act prescribes any sequence to be followed - Whether filing of revision application u/s 264 is an alternative remedy which cannot be availed along with the option to appeal before CIT(A).



Raghbir Singh Vs Appropriate Authority, Income Tax Deptt (Dated : January 5, 2012)

Income Tax - Section 269UC - Whether a dispute between the seller and purchaser is akin to a dispute in which there is involvement of third party claiming title over the property offered for sale - Whether mere loss of original deed would affect the market value of property when there is no person other than vendor and vendee claiming title over such property - Whether mere presence of railway track would reduce the market value of the property - Whether market value of some property having so many owners is less than the property having only one owner particularly when all the owners are interested in selling and have given their express consent - Whether it is incumbent on Appropriate Authority to establish understatement of property.


Kanchenjunga Advertising Pvt Ltd Vs CIT (Dated : January 13, 2012)

Income Tax - Section 271(1)(C) - Whether when assessee deposits share application money and later converts the same into loan on its own and then treats the same as debt in its books, penalty is warranted if assessee fails to explain the reasons for not charging interest on such advances.


CIT Vs Sasan Power Ltd (Dated : January 6, 2012)

Income Tax - Section 57 - Whether the interest received on unutilized commitment advances can be taxed as revenue income when the interest paid on commitment advance is treated as a capital expense.


The Synodical Board Of Health Services Vs DGIT (Dated : January 9, 2012)

Income Tax - Section 10(23C)(iv) - Whether approval of 10(23C)(iv) can be denied ignoring the explanation of the petitioner vis-à-vis veracity of the expenses of previous year.


Gujarat Insecticides Limited Vs ACIT (Dated : December 28, 2011)

Income Tax - Section 37 - Whether an issue relating to payment of commission in pursuance to an antedated agreement is a question of fact, and does not give rise to any substantial questin of law.


CIT, Bangalore Vs M/s Gokuldas Exports (Dated : November 8, 2011)

Income Tax - Sections 45(4), 143(1) & (3) - Whether when there is transfer of assets to the partners of the firm in the book entry, this gives rise to capital gains as per provisions of Sec 45(4).


M/s Srinidhi Gold Vs ITO, Mandya (Dated : October 17, 2011)

Income Tax- Section 254(1) & (2) - Whether the Tribunal can recall an order passed u/s 254(1) on an application filed by either of the party u/s 254(2).


CIT, Bangalore Vs M/s Fusion Software Engg P Ltd (Dated : November 2, 2011)

Income tax – Sections 10A, 115JA, 115JB - Whether when the ITAT makes observations on the basis of the material on record that the new unit was not established by way of reconstruction, and allows the Sec 10A benefits, no substantial question of law arises in this case - Whether bad and doubtful debts cannot be added up for computing the book profit under Sec 115JA(2)(c).


CIT Vs Visual Technologies India Pvt Ltd (Dated : January 3, 2012)

Income Tax - Sec 80IC - Whether the High Court should interfere with the order of the Tribunal when the factual findings recorded by the CIT (A) have been affirmed by the Tribunal? Whether the Tribunal is right in allowing the deduction of Rs.80,63,017 u/s 80-IC when the question of quantum of deduction was not examined by the Tribunal.


CIT Vs JV Electronics Pvt Ltd (Dated : November 18, 2011)

Income Tax - Section 80HHC - Whether the income earned by Assessee by way of rent and interest can be considered as income from profits and gains from business, which is eligible for deduction u/s 80HHC.


CIT Vs Raj Kumar Mahajan (Dated : January 4, 2012)

Income Tax - Sections 80HHC, 80IA, 143(2), 147, 148 - Whether re-assessment proceedings can be initiated when the AO has specifically examined the issue at the time of original assessment proceedings.


CIT, Bangalore Vs M/s Compaq Electric Ltd (Dated : October 18, 2011)

Income Tax - Sections 41(1), 143(3) - Whether the loan liability which has been waived is a capital receipt if no allowance or deduction has been claimed by the assessee for the previous year.


Girnar Investment Ltd Vs CIT (Dated : January 5, 2012)

Income tax – Sections 143(3), 156, 220(2), 244A – Whether where a demand is raised and assessee pays partly during pendency of appeal and gets refund after appeal is disposed of by CIT(A), assessee is liable to pay interest u/s 220(2) after original assessment order is restored by Tribunal - Whether any interest is to be charged on interest paid on refund granted after the CIT(A) reduced the demand.



P V S Raju Vs Addl.CIT, Hyderabad (Dated : July 27, 2011)

Income tax – Sections 2(14), 111A – Short term capital gain or business income –Whether when the sales and purchases of shares are done in the ordinary line of business and not with an object to earn dividend or mere enhancement of value of shares, the profit arising on sale of shares is to be treated as business income and not capital gains.



CIT Vs Nilchem Capital Ltd (Dated : November 14, 2011)

Income tax – Sections 68, 133(6), 143(3), 147 – Whether when the assessee has provided the names and addresses of the persons who subscribed to the public issue, no addition can be made merely stating that no response is received to the summons issued by the AO to the investors.


M/s Midland Theatres Vs ACIT, Chennai (Dated : September 27, 2011)

Income Tax - Sections 45, 47(ii), 184, 185 - Whether in the absence of any valid document vis-à-vis constitution of Partnership firm assessee is rightly assessed as AOP - Whether registration of a firm under the income tax is different from constitution of firm under General law, and hence formalities of latter law are to be complied with for treating a firm as un-registered firm - Whether prior to 1.4.1988 any gain was taxable in the hands of persons forming AOP, upon dissolution of such AOP.


M/s Dalmia Cement (Bharat) Ltd Vs CIT (Dated : December 21, 2011)

Income tax – Section 37(3B) – Whether the expenditure incurred by the assessee company in reimbursing its employees for expenses on public taxis in connection with the business of the company is not in the nature of payment of conveyance allowance or one which falls within the expenditure as specified in sub-section (3B) of Section 37.


CIT Vs M/s American Express Bank Ltd (Dated : December 21, 2011)

Income Tax - Sections 201, 201(1A), 221 - Whether when assessee is required to deduct tax at source but it fails to do so under a bona fide belief, then it canno be held to be 'assessee in default' - Whether the proviso to Sec 201(1) is apllicable only to negate the possibility of levy of penalty u/s 221 if the AO is satisfied that there was a good reason for doing so.



CIT Vs Shri Vardhman Overseas Ltd (Dated: December 23, 2011)

Income tax – Sections 41(1), 68 – Whether addition can be made u/s 41(1) for the amount payable to the creditors which is not written off by the assessee in the books of account and there is no remission or cessation of liability merely on the basis that the limitation period of three years has elapsed – Whether the addition can be made u/s 68 for the amount payable to the creditor though there is no credit from the creditors during the impugned assessment year.


CWT, Delhi Vs M/s MG Builders Co (Dated: November 16, 2011)

Wealth Tax - Section 16A, Rule 1BB & Schedule III - Whether interest on interest-free security is to be added to the annual rent to compute the fair market value of the property.


M/s Genpact India Vs ACIT (Dated: December 8, 2011)

Income Tax - Sections 10A, 245 - Whether the refund due in one assessment year can be adjusted against the demand raised in another year without affording a hearing to the assessee.


Captain J C Sen Gupta (Retd) Vs Appro Authority Income Tax (Dated:

November 23, 2011)

Income Tax - Section 269 UD (1) - Whether the Petitioner can be evicted as per the Public Premises (Eviction of Unauthorized Occupation) Act, 1971 u/s 269 UD (1) when the entire property including the tenanted portion was purchased by the Central Government.

2012-TIOL-20-HC-RANCHI-IT

Mukesh Shaw Vs ITO (Dated: September 23, 2011)

Income Tax - Whether the source of gift in the hands of appellant stands explained, when the source of funds in the hands of the donor may not be satisfactorily explained.


M/s Sagittraious Builders & Colonisers Vs CIT, Allahabad (Dated: December1, 2011)

Income Tax - Section 68 - Whether addition u/s 68 can be made when the identity of the creditor having been established but the appellant had failed to prove the source of the deposit made by the creditor.


Kohinoor Foods Ltd Vs CIT (Dated: November 18, 2011)

Income tax – Sections 80IA, 80HHC, 143(1)(a), 147, 148, 254(2) – Whether when the AO fails to apply his mind to the claims made for deductions, and the AO then resorts to reassessment, such reassessment can be said to be on the basis of 'change of opinion'.


Pandharinath Bhikaji Telge Vs The Appropriate Authority (Dated: December 23, 2011)

Income tax – Section 269UD – Whether if the Appropriate Authority has exercised the power of preemptive purchase, they are required to compensate the owners in terms of the value of the flats which are to be provided to them under the agreements and while computing the consideration, the market value of the flat to be given to the transferor is also to be considered in the apparent consideration for the purpose of Section 269UA(b)(2)(iii) – Whether when the dispute is regarding the title and not the title to receive the amount of consideration, the conditions mentioned in subsections (2) and (3) of section 269UG which permit the Central Government to deposit the purchase price with the Appropriate Authority have not been satisfied and, therefore, the deposit made in the P.D. account of the Appropriate Authority by the Central Government is impermissible.


Sompal Gupta Vs CIT (Dated: December 13, 2011)

Income Tax - Section 54F - Whether the assessee is entitled for benefit of exemption u/s 54F on the basis of the family settlement when no such house has been constructed by the brothers of Bindal family at Meerut which was a term and condition of the family settlement.


CIT, Dehradun Vs M/s Dehradun Club Ltd (Dated: October 14, 2011)

Income tax – Sections 143(3), 148, 154, 156, 234B – Whether when in the assessment order there is no direction for charging interest u/s 234B, even though the interest is mandatory, notice of demand u/s 156 levying interest would be wholly illegal.


CIT, Bangalore Vs M/s Samsung Electronics Co Ltd (Dated: November 2, 2011)

Income Tax - Section 10A - Whether while computing relief u/s 10-A the expenditure incurred by the assessee should not form part of the total turnover as such it should be excluded from the total turnover if the same are reduced from export turnover.


CIT Vs Lovlesh Jain (Dated: December 20, 2011)

Income tax – Sections 10A, 10B – Whether when assessee imports gold for converting the same into jewellery for exports purpose, such jobwork amounts to manufacture, and conversion charges earned are eligible for Sec 10A benefits - Whether mere ownership is not the sole criteria to determine whether a person is an importer or exporter and the assessee cannot be denied exemption on the basis that the assessee is not the owner of the goods.


2012-TIOL-09-HC-DEL-IT-LB

Airport Authority Of India Vs CIT (Dated: December 16, 2011)

Income tax – Section 37 - Accrual of Income – Real Income – Whether the expenses incurred by the assessee for removal of encroachers and rehabilitate them at other places is a revenue expenditure as the payment was made to facilitate the smooth functioning of the business and is not for acquisition of new assets – Whether when the assessee has not received the payments against the proforma invoices raised on the government agencies which were raised based on the observations of the CAG, income cannot be treated as accrued to the assessee on the basis the amounts kept in memorandum account without receiving any real income.



CIT Vs Siddhartha Trade Links Pvt Ltd (Dated: December 8, 2011)

Income Tax - Sections 145, 145A - Whether under the provisions of income tax an assessee is free to choose any accounting method provided such method is not contrary to the provisions of Ss 145 or 145A.


TVS Berg Ltd Vs CIT, Madurai (Dated: December 13, 2011)

Income Tax - Section 80-O - Whether when assessee is engaged by a foreign enterprise for supply of some technical drawings relating to some project, it is entitled to claim Sec 80-O benefits even if it sub-contracts the assignment.


DIT, Chennai Vs M/s Vallam M D Seshadri Trust (Dated: December 13, 2011)

Income Tax - Sections 12AA, 80G - Whether the Tribunal is right in directing Revenue to grant registration u/s 12AA and grant approval u/s 80G on the finding that publishing of newspapers and periodicals does not ipso facto become commercial activity and that the Trust deed can be amended.


Smt Chanchal Dogra Vs ITO (Dated: November 30, 2011)

Income Tax - Section 40A(3), Rule 6DD - Whether the provisions of Section 40A(3) would be applicable to the purchase of stock-in-trade - Whether in terms of Rule 6DD payment made by the assessee to M/s Hoshiarpur District Cooperative Milk Producers Union Ltd. shall be treated as payment made to the “cultivator, grower or producer" of the milk.


M/s Cosmo Films Ltd Vs CIT, New Delhi (Dated: December 16, 2011)

Income tax – Section 80HHC, 78(2), 72A – Whether while computing the deduction u/s 80HHC, the non-export loss of the amalgamating company will not be reduced from the ‘profit of the business' of the amalgamated company – Whether section 72A which provides that the unabsorbed business losses/unabsorbed depreciation of the amalgamating company is regarded as unabsorbed business losses/unabsorbed depreciation of the amalgamated company and available for carry forward and set off in the hands of the amalgamated company will not be considered while computing the ‘profit of the business' for the purpose of claiming deduction under section 80HHC and being a deeming provision is limited to only set off provisions – Whether the set off of losses of the amalgamating company, if any, has only to be restricted to the losses suffered in the export business, which can, be said to have nexus with the exports activity, and not the aggregate brought forward losses of the amalgamating company from both export as well as non-export business.


CIT Vs Maruti Udyog Ltd (Dated: December 16, 2011)

Income tax – Sections 10(10C), 35DAA, 201(1A), Rule 2BA – Whether when the additional payments were given by the assessee to its employees on VRS in addition to the three months salary for each completed year of service or salary at the time of retirement multiplied by the balance months of service left before the date of his retirement on superannuation as per Rule 2BA, the exemption u/s 10(10C) will not be available and the assessee will be treated as assessee in default for not deducting tax on the full amount of VRS paid – Whether when the assessee has deducted tax on the additional amount paid, it will not be treated as assessee in default.

2012-TIOL-01-HC-CHHATTISGARH-IT

Smt Sajda Praveen Vs ACIT (Dated: August 24, 2011)

Income Tax - Sections 28, 142(1) - Whether estimated addition on the basis of trade practice is permissible in those cases where no books or records are maintained.

HIGH COURT RULING - Tax India Online

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