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17 results for “transfer pricing”+ Carry Forward of Lossesclear

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Mumbai2,549Delhi1,127Kolkata499Bangalore421Ahmedabad414Pune407Chennai232Jaipur211Karnataka207Chandigarh182Hyderabad119Cochin109Indore79Visakhapatnam75Rajkot72Surat63Raipur42Nagpur42Calcutta38Lucknow34Amritsar27Cuttack24Guwahati24SC17Telangana16Varanasi10Jodhpur9Agra7Jabalpur7Ranchi7Panaji5Dehradun4Kerala3Rajasthan2D.K. JAIN JAGDISH SINGH KHEHAR1Allahabad1Punjab & Haryana1Orissa1Andhra Pradesh1T.S. THAKUR ROHINTON FALI NARIMAN1

Key Topics

Section 246Section 144C6Section 105Section 10(22)4Section 803Section 260A3Section 80H3Section 143(2)3Exemption3Capital Gains

ASSISTANT COMMISSIONER OF INCOME TAX vs. SHELF DRILLING RON TAPPMEYER LIMITED

The appeals are allowed

C.A. No.-010586-010589 - 2025Supreme Court08 Aug 2025

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

Section 144CSection 153Section 153(1)Section 44B

loss for AY 2018-19. On 23.11.2020, the first notices under Section 142(1) were issued to them, which were replied to. Several other notices under Section 142(1) were issued and replies given before, finally, on 23.09.2021 a Show Cause Notice was issued in both cases and draft assessment orders under Section 144C passed on 28.09.2021. As per Section

ASSTT DIRECTOR OF INCOME TAX I NEW DELHI vs. M/S E FUNDS IT SOLUTION INC

C.A. No.-006082-006082 - 2015Supreme Court
2
Deduction2
Addition to Income2
24 Oct 2017

Bench: HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

carry- forward and set-off losses, etc. However, deviations are made by DTAA in cases of royalty, interest, etc. Such deviations are also made under the IT Act (for example Sections 44-BB, 44-BBA, etc.). 36. Under the impugned ruling delivered by AAR, remuneration to MSAS was justified by a transfer pricing

THE BANK OF RAJASTHAN LTD. vs. COMMISSIONER OF INCOME TAX

Appeals are dismissed

C.A. No.-003291-003294 - 2009Supreme Court16 Oct 2024

Bench: HON'BLE MR. JUSTICE ABHAY S. OKA

Section 18Section 19Section 20Section 21

forward the loss to the subsequent year or years and set off the said loss   against   the   profit   in   the   business.   Be   it noted   that   clause   (2)   of   Section   24,   in contradistinction   to   clause   (1)   thereof,   is concerned only with the business and not with its heads under Section 6 of the Act. Section 24,      Civil Appeal No.3291

M/S.SK.AR.K.AR.SOMASUNDARAM CHETTIAR&CO. vs. COMMISSIONER OF INCOME TAX, MADRAS

C.A. No.-001109-001109 - 1976Supreme Court15 Jan 1992
For Respondent: COMMISSIONER OF INCOME TAX, MADRAS
Section 24Section 24(1)

carried forward the said loss to be set off against speculation profits, if any, insubsequent assessment years. The assessee’s appeal to the Appellate Tribunal proved unsuccessful. However, his further appeal to Tribuanl was upheld. Before the Tribunal, the counsel for the assessee conceded that "the transactions in question are speculative transactions within the meaning of the explanation." (The reference

OXFORD UNIVERSITY PRESS vs. COMMR. OF INCOME TAX

The appeals are allowed accordingly

C.A. No.-000533-000533 - 1997Supreme Court24 Jan 2001
For Respondent: COMMISSIONER OF INCOME-TAX
Section 10Section 10(22)Section 256(1)

price of Rs.16,500 to his daughter-in-law and five children. It was not disputed that this sale was an honest and bona fide transaction and that the consideration was in fact Rs.16,500. However, after completion of the assessment for the year 1966-67 in http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 5 of 6 the normal course

VODAFONE IDEA LTD(EARLIER KNOWN AS VODAFONE MOBILE SERVICES LIMITED vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 26 (2)

C.A. No.-002377-002377 - 2020Supreme Court29 Apr 2020

Bench: HON'BLE THE CHIEF JUSTICE

Section 143(2)Section 244ASection 92

Transfer Pricing Adjustment, Capitalization of Licence Fees, 3G Spectrum Fees, Asset Restoration Cost Obligation including the effect of amalgamation of group entities which required thorough scrutiny and determination. G] During the pendency of said Writ Petition, a letter was issued by the respondent No.1 on 23.07.2018, the relevant portion of which was as under :- "The assessment years for which request

IPCA LABORATORY LTD. vs. DY. COMMNR. OF INCOME TAX, MUMBAI

C.A. No.-001697-001697 - 2003Supreme Court11 Mar 2004
For Respondent: Deputy Commissioner of Income Tax, Mumbai
Section 260ASection 80Section 80H

loss of Rs. 6.86 crores. It therefore becomes necessary to look at Section 80HHC of the Income Tax Act. The relevant portions of Section 80HHC reads as follows: "80HHC. DEDUCTION IN RESPECT OF PROFITS RETAINED FOR EXPORT BUSINESS. (1) Where an assessee, being an Indian company or a person (other than a company) resident in India, is engaged

DILIP N. SHROFF vs. JOINT COMMNR. OF INCOME TAX, MUMBAI &ANR

The appeal is allowed

C.A. No.-002746-002746 - 2007Supreme Court18 May 2007
For Respondent: Joint Commissioner of Income Tax, Mumbai & Anr

prices given in "Accommodation Times" I am of the opinion and feel that the rate of the Residential Apartment in the area in 1981 would be in between Rs.2500 to Rs.3000/- per S.FT. I think that the lower value of Rs.2500 per S.FT. as fair and reasonable. This rate will be fair and reasonable for the share of http://JUDIS.NIC.IN

M/S QUEEN'S EDUCATIONAL SOCIETY vs. COMMR.OF INCOME TAX

C.A. No.-005167-005167 - 2008Supreme Court16 Mar 2015

Bench: The Uttarakhand High Court, Nainital, May Be Gleaned From The Facts Of One Of Them, Namely, The Queen’S Educational Society Case. The Appellant Filed Its Return For Assessment Years 2000-2001 & 2001-2002 Showing A Net Surplus Of Rs.6,58,862/- & Rs.7,82,632/- Respectively. Since The Appellant Was Established With The Sole 2

Section 10Section 10(22)Section 260A

loss basis or that profit shall be proscribed. Even if there is no such express provision, the nature of the charitable purpose, the manner in which the activity for advancing the charitable purpose is being carried on and the surrounding circumstances may clearly indicate that the activity is not propelled by a dominant profit motive. What is necessary

COMMISSIONER OF SERVICE TAX vs. M/S ELEGANT DEVELOPERS

C.A. No.-011744-011745 - 2025Supreme Court10 Nov 2025

Bench: HON'BLE MR. JUSTICE SANDEEP MEHTA

Section 35LSection 65(105)(v)Section 65(88)Section 69Section 70Section 73(1)Section 75Section 76Section 77Section 78

carry out the following specific tasks: - a. Purchase the land in contiguous blocks, b. Divide and demarcate the entire land into blocks of 20 to 30 acres, c. Furnish title papers and other necessary documents for the land, 8 CIVIL APPEAL NO(S). 11744 – 11745 OF 2025 d. Obtain permissions and approvals from the concerned authorities for land transfer, with

UCO BANK vs. COMM.OF INCOME TAX, WEST BENGAL

C.A. No.-000235-000235 - 1996Supreme Court13 May 1999
For Respondent: COMMISSIONER OF INCOME-TAX, WEST BENGAL
Section 256(1)Section 263

carried forward and not treated as profit until actually received." Similarly, referring to interest on doubtful debts, Shukla and Grewal on Advanced Accounts, Ninth Edition at page 1089 state as follows: "Interest on doubtful debts should be debited to the loan account concerned but should not be credited to interest account. Instead, it should be credited to Interest Suspense Account

M/S. SANJEEV WOOLEN MILLS vs. COMMNR. OF INCOME TAX, MUMBAI

The appeal is dismissed with no order as to costs

C.A. No.-006735-006736 - 2003Supreme Court24 Nov 2005
For Respondent: Commissioner of Income-tax, Mumbai
Section 80

carried forward as the opening balance in the next year’s account. This canceling out of the unsold stock from both sides of the accounts leaves only the transactions on which there have been actual sales and gives a true and actual profit or loss on his year’s dealings." The rationale behind valuation of the stock at "cost

M/S. BANGALORE CLUB vs. COMMISSIONER OF INCOME TAX

SLP(C) No.-014470-014470 - 2006Supreme Court14 Jan 2013
Section 260A

prices and/or additional contributions which constitute mutual income. 8. The doctrine of mutuality finds its origin in common law. One of the earliest modern judicial statements of the mutuality principle is by Lord Watson in the House of Lords, in 1889, in Styles (Surveyor of Taxes) Vs. New York Life Insurance Co.3 (hereinafter referred to as the “Styles case

SUNDARESH BHATT vs. CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS

C.A. No.-007667 - 2021Supreme Court26 Aug 2022

Bench: HON'BLE THE CHIEF JUSTICE

Section 13(1)(a)Section 14(4)Section 33(2)Section 33(5)Section 60(5)Section 62(1)

loss in case his calculations are wrong, and leave them to determine whether the business shall be 20 continued or not. Moreover, it is not enough to consult  only   the   largest  creditors.   There   is   no insolvency within the meaning of this offence if a careful, prudent, and unhurried realization of the assets would produce enough to pay loop

COMMISSIONER OF GST AND CENTRAL EXCISE vs. M/S CITIBANK N.A

C.A. No.-008228 - 2019Supreme Court09 Dec 2021

Bench: HON'BLE MR. JUSTICE K.M. JOSEPH

Section 35L(1)(b)Section 64(3)Section 65Section 65(10)Section 65(105)Section 65(12)Section 65(7)Section 83

loss of use of principal. Jersey City v. Zink [Jersey City v. Zink, 44 A 2d 825 : 133 NJ Law 437 (1945)] , A 2d p. 828”. (ii) “Interest” means compensation for the use or forbearance of money. Commr. of Internal Revenue v. Meyer [Commr. of Internal Revenue v. Meyer

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

C.A. No.-008733-008734 - 2018Supreme Court02 Mar 2021

Bench: HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

transfer to the copy/copies any copyright or other marking on the Software or Documentation. d) not use the Software or Documentation for any other purpose than permitted in this Article 20, License or sell or in any manner alienate or part with its possession. e) not use or transfer the Software and/or the Documentation outside India without the written consent

THE AUTHORITY FOR ADVANCE RULINGS (INCOME TAX) vs. TIGER GLOBAL INTERNATIONAL II HOLDINGS

C.A. No.-000262-000262 - 2026Supreme Court15 Jan 2026

Bench: HON'BLE MR. JUSTICE R. MAHADEVAN

transfer of the CGP share and not by virtue of various clauses of SPA. In a case like the present one, where the structure has existed for a considerable length of time generating taxable revenues right from 1994 and where the court is satisfied that the transaction satisfies all the parameters of “participation in 66 investment” then in such