PR COMMISSIONER OF vs. M/S SOFTBRANDS INDIA

Bench: S.SUJATHA,VINEET KOTHARI

4) of the Act, but where the Assessee raises an objection against the Draft Assessment Order of the Assessing Authority based on such Report of the Transfer Pricing Officer, the Assessee Company within 30 days can either accept the said Draft Order or file its objections before the Dispute Resolution Panel (DRP) and the Assessing Officer as per Section

PR COMMISSIONER OF vs. M/S SOFTBRANDS INDIA

Bench: S.SUJATHA,VINEET KOTHARI

4) of the Act, but where the Assessee raises an objection against the Draft Assessment Order of the Assessing Authority based on such Report of the Transfer Pricing Officer, the Assessee Company within 30 days can either accept the said Draft Order or file its objections before the Dispute Resolution Panel (DRP) and the Assessing Officer as per Section

M/S SREE JAYALAKSHMI TEXTILES vs. M/S INTERNATIONAL ASSET RECONSTRUCTION

Bench: The Date Fixed For Sale Of Transfer & In Such Event The Secured Asset Shall Not Be Sold & That Once The Auction Sale Process Is Commenced & The Property Is Auctioned & Sold On The Date Fixed For Sale & The Sale In Favour Of The Highest Bidder Is Confirmed & 25%

Section 13(8) read along with Rules 8(6) and 9(1), the owner/borrower should have clear notice of 30 days before the date and time when the sale or transfer of the secured asset would be made, as that alone would enable the owner/borrower to take all efforts to retain his or her ownership by tendering the dues

M/S SREE JAYALAKSHMI TEXTILES vs. M/S INTERNATIONAL ASSET RECONSTRUCTION

Bench: The Date Fixed For Sale Of Transfer & In Such Event The Secured Asset Shall Not Be Sold & That Once The Auction Sale Process Is Commenced & The Property Is Auctioned & Sold On The Date Fixed For Sale & The Sale In Favour Of The Highest Bidder Is Confirmed & 25%

Section 13(8) read along with Rules 8(6) and 9(1), the owner/borrower should have clear notice of 30 days before the date and time when the sale or transfer of the secured asset would be made, as that alone would enable the owner/borrower to take all efforts to retain his or her ownership by tendering the dues

THE COMMISSIONER OF INCOME TAX vs. M/S SHASTHA PHARMA LABORATORIES

The appeal is dismissed

Bench: N.KUMAR,RATHNAKALA

price of Rs.50.12/- lakhs did not amount to a transfer and consequently, no capital gains tax was liable to be paid.?” 7. However, before commencement of the arguments, learned Counsel for the revenue sought the permission of the Court to raise additional substantial question of law : “Whether the Tribunal was correct in holding the reopening of assessment under Sections

M/S WIPRO LIMITED vs. THE DEPUTY COMMISSIONER OF INCOME TAX

The appeals stand disposed of, accordingly

Bench: N.KUMAR,B.SREENIVASE GOWDA

Transfer Pricing Officer for determination of arms’ length price. As per the return filed the tax payable was Rs.48,38,27,302/-. The assessee also claimed TDS of Rs.6,02,14,066/- and advance tax payment of Rs.59,50,80,000/-. The assessee claimed refund of Rs.17,12,21,725/-. The return of income was processed

THE COMMISSIONER OF INCOME TAX vs. M/S WIPRO LTD

The appeals stand disposed of, accordingly

Bench: N.KUMAR,B.SREENIVASE GOWDA

Transfer Pricing Officer for determination of arms’ length price. As per the return filed the tax payable was Rs.48,38,27,302/-. The assessee also claimed TDS of Rs.6,02,14,066/- and advance tax payment of Rs.59,50,80,000/-. The assessee claimed refund of Rs.17,12,21,725/-. The return of income was processed

WIPRO LIMITED vs. THE JOINT COMMISSIONER OF INCOME TAX

Bench: The Hon’Ble Mr. Justice Krishna S.Dixit Writ Petition No.20040/2019 (T-It) Between:

41 ITR 425 (SC), in the context of section 44 of 1922 Act (similar to section 189 of the 1961 Act), it has been held 16 that the term ‘assessment’ employed therein not only referred to computation of income but included the procedure for declaration & imposition of tax liability and the machinery for enforcement thereof; (iii) It is pertinent

M/S INDIA MOTOR PARTS & ACCESSORIES LTD vs. THE DEPUTY COMMISSIONER OF

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

transfer of title to the goods; 35 d) When a dealer sells, the other dealer purchases. Every sale must have a corresponding purchase; e) After the tax-invoice is issued, either the tax is paid immediately or becomes payable. This ‘paid’ tax or ‘payable’ tax is the ‘input tax’ deductible by a registered dealer subject to the restrictions specified

M/S. HINDUSTAN COCA COLA vs. STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

transfer of title to the goods; 35 d) When a dealer sells, the other dealer purchases. Every sale must have a corresponding purchase; e) After the tax-invoice is issued, either the tax is paid immediately or becomes payable. This ‘paid’ tax or ‘payable’ tax is the ‘input tax’ deductible by a registered dealer subject to the restrictions specified

KAVERI PLASTO CONTAINERS PVT LTD vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

transfer of title to the goods; 35 d) When a dealer sells, the other dealer purchases. Every sale must have a corresponding purchase; e) After the tax-invoice is issued, either the tax is paid immediately or becomes payable. This ‘paid’ tax or ‘payable’ tax is the ‘input tax’ deductible by a registered dealer subject to the restrictions specified

SONAL APPAREL PRIVATE LTD., vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

transfer of title to the goods; 35 d) When a dealer sells, the other dealer purchases. Every sale must have a corresponding purchase; e) After the tax-invoice is issued, either the tax is paid immediately or becomes payable. This ‘paid’ tax or ‘payable’ tax is the ‘input tax’ deductible by a registered dealer subject to the restrictions specified

M/S. HINDUSTAN COCA COLA vs. STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

transfer of title to the goods; 35 d) When a dealer sells, the other dealer purchases. Every sale must have a corresponding purchase; e) After the tax-invoice is issued, either the tax is paid immediately or becomes payable. This ‘paid’ tax or ‘payable’ tax is the ‘input tax’ deductible by a registered dealer subject to the restrictions specified

INGRAM MICRO INDIA PVT. LTD. vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

transfer of title to the goods; 35 d) When a dealer sells, the other dealer purchases. Every sale must have a corresponding purchase; e) After the tax-invoice is issued, either the tax is paid immediately or becomes payable. This ‘paid’ tax or ‘payable’ tax is the ‘input tax’ deductible by a registered dealer subject to the restrictions specified

INGRAM MICRO INDIA PVT.LTD. vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

transfer of title to the goods; 35 d) When a dealer sells, the other dealer purchases. Every sale must have a corresponding purchase; e) After the tax-invoice is issued, either the tax is paid immediately or becomes payable. This ‘paid’ tax or ‘payable’ tax is the ‘input tax’ deductible by a registered dealer subject to the restrictions specified

DEPA INDIA PRIVATE LTD. vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

transfer of title to the goods; 35 d) When a dealer sells, the other dealer purchases. Every sale must have a corresponding purchase; e) After the tax-invoice is issued, either the tax is paid immediately or becomes payable. This ‘paid’ tax or ‘payable’ tax is the ‘input tax’ deductible by a registered dealer subject to the restrictions specified

ACE DESIGNERS LIMITED vs. THE STATE OF KARNATAKA

Of the Department's clouded interpretation of the Centum

Bench: ANAND BYRAREDDY

transfer of title to the goods; 35 d) When a dealer sells, the other dealer purchases. Every sale must have a corresponding purchase; e) After the tax-invoice is issued, either the tax is paid immediately or becomes payable. This ‘paid’ tax or ‘payable’ tax is the ‘input tax’ deductible by a registered dealer subject to the restrictions specified

M/S FIDELITY BUSINESS SERVICES INDIA PVT LTD vs. ASSISTANT COMMISSIONER OF INCOME TAX

Bench: S.SUJATHA,VINEET KOTHARI

transfer of the reserves and surplus to the holding company by avoiding the payment of tax and therefore it will be treated as a colourable device. There are two aspects in this transaction- (i) It is a simple and plain transaction of buy back of shares without having any dispute of price then the same is beyond the scope