KOTAK MAHINDRA BANK LIMITED vs. COMMISSIONER OF INCOME TAX BANGALORE

The appeal is allowed

Bench: HON'BLE MRS. JUSTICE B.V. NAGARATHNA

245(C) read with Section 245H of the Act sparingly and only in cases where there was no intention on the part of the assessee to evade tax. However, in the present case, the 21 Commission did not apply its mind to the issue as to, whether, the appellant-assessee had wilfully evaded tax, before proceeding to exercise its power

M/S APEX LABORATORIES P. LTD. vs. THE DEPUTY COMMISSIONER OF INCOME TAX LARGE TAX PAYER UNIT II

The appeal is dismissed without order on costs

Bench: HON'BLE THE CHIEF JUSTICE

disallowing expenses on unethical activities.” (emphasis supplied) Interestingly, a similar conclusion was arrived at by the US Department of Health and Human Services Office of the Assistant Secretary for Planning and Evaluation, in a report called Savings Available Under Full Generic Substitution 26 45th Report on Issues Relating to Availability of Generic, Generic-Branded and Branded Medicines, their Formulation

ENGINEERING ANALYSIS CENTRE OF EXCELLENCE PRIVATE LIMITED vs. THE COMMISSIONER OF INCOME TAX

Bench: HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

section 30 of the Copyright Act, which transfers an interest in all or any of the rights contained in sections 14(a) and 14(b) of the Copyright Act, but is a “licence” which imposes restrictions or conditions for the use of computer software. Thus, it cannot be said that any of the EULAs that we are concerned with

M/S. ROTORK CONTROLA INDIA (P) LTD. vs. COMMNR. OF INCOME TAX, CHENNAI

Appeals stand allowed in favour of the assessee with no order as to

Section 37 of the 1961 Act. According to learned counsel, for the assessment years in question, the Tribunal has accordingly followed its earlier view which has prevailed right from assessment year 1983-84 and it has, therefore, directed deletion of the disallowance of Rs.5,18,554/- for the assessment year 1991-92. While explaining the concept of “reversal”, learned counsel

COMMISSIONER OF CENTRAL EXCISE, MYSORE vs. M/S. TVS MOTORS COMPANY LTD

disallowed inclusion of PDI charges and free ASS charges in the assessable value by relying on the Custom Excise and Service Tax Appellate Tribunal (CESTAT) decision in the case of Maruti Udyog Limited v. CCE, Delhi-III1 and remanded the case to the Adjudicating Authority to re-examine the disputed issues in the light of settled legal positions and finalise

COMMISSIONER OF INCOME TAX, COIMBATORE vs. M/S. LAKSHMI MACHINE WORKS

245 ITR 769 (Bom.), the Department’s appeal stood dismissed. Hence, this civil appeal. The short point which arises for consideration in this civil appeal is: whether excise duty and sales tax were includible in the "total turnover", which was the denominator in the formula contained in Section 80HHC(3) as it stood in the material time. For the sake

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS) vs. AHMEDABAD URBAN DEVELOPMENT AUTHORITY

Bench: HON'BLE THE CHIEF JUSTICE

Section 12AA(1) of the IT Act, on 18.05.1979 and is engaged in the activity of promotion of the export of all kind of ready-made garments, knitwear, and garments made of leather, jute and hemp. It does not per se engage in any activity for profit, and its mandate is to ensure that Indian apparel manufacturers, are given forums

A. vs. . THOMAS & CO., LTD., ALLEPPEY VS THE COMMISSIONER OF INCOME-TAX,(BANGALORE) KERALA

In the result the appeal must fail and it is dismissed

disallowed the argument because in our opinion the question as considered in the High Court does not embrace it. The assessee company should have requested the High Court at some stage to frame a question that there was no material for the Tribunal to reach the conclusion that this was not a business transaction but a case of an advance

COMMR.OF INCOME TAX,NEW DELHI vs. M/S ELI LILLY & COMPANY (INDIA) P.LTD

245 of the Constitution and the provisions are enforceable within the Area where the 1961 Act extends through the machinery provided under it. 28. On the question as to whether there is any inter-linking of the charging provisions and the machinery provisions under the 1961 Act, we may, at the very outset, point out that in the case

MODI INDUSTRIES LIMITED, MODINAGAR vs. COMMISSIONER OF INCOME-TAX, DELHI

The appeals are allowed in the above

Section 143 or 144. Likewise, even though there is a shortfall in payment of tax according to the calculation made in the order of assessment, the assessee is obliged to pay interest on the seventy five percent of the amount of shortfall only upto the date of the assessment order, i.e., the date on which the amount of advance

WIPRO FINANCE LTD. vs. THE COMMISSIONER OF INCOME TAX, BANGALORE

The appeal is allowed in terms of the signed

245 ITR 428.  Similar view has been expressed by ITAT special bench in ONGC case 83 ITR 51 (SB).   Looking from any angle the claim on this issue is allowable.  Accordingly, 4 we allow the entire claim of Rs.3,56,57,727/­.  We direct the AO to do so.  This issue is held in favour of the assessee.” (emphasis supplied