Commissioner of Income Tax, Guntur. vs. Agricultural Market Committee, Kangiri.

Bench: V.V.S.RAO,RAMESH RANGANATHAN

Transfer of Undertakings) Act, 1980 or any other bank being a bank included in Second Schedule to Reserve Bank of India Act, 1934 and the like. The breach of Section 11(5) would attract Section 13(1)(d) of the IT Act and the benefit under Sections 11 and 12 would not be available if funds are deposited or invested

Principal Commissioner of Income Tax-3 vs. M/s Satyasai Bhavani Hsopitals Private Limited

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Transfer Pricing/ determination of the ‘Arm’s Length Price’; [II] The Scheme of procedure of assessment and appeals to the Tribunal and High Court/Supreme Court. [III] The scope of interference by High Court under Section 260-A of the Act in these type of cases. Findings of the Tribunal: 12. We find it appropriate to quote some portions

The Commissioner of Income Tax, vs. M/s. Laila Impex,

Accordingly answered against the Revenue. The appeals fail and are dismissed, without

transfer of all or any rights (including the granting of a licence) in respect of any copyright, literary, artistic or scientific work including films or video tapes for use in connection with ITA 473/2012, 474/2012, 500/2012 & 244/2014 Page 8 television or tapes for use in connection with radio broadcasting, but not including consideration for the sale, distribution or exhibition

M/S.R.S.RANGADAS vs. THE ASST.COMMISSIONER OF INCOME TAX

Appeals are disposed of, with no order as to costs

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

1) of the Act which states that profits and gains from transfer of the capital assets shall be deemed to be the income of the previous year in which the transfer takes place, the Assessing Officer held that income from capital gains from transfer/sale of one lakh equity shares of NIIT would be assessable

THE PRL COMMISSIONER OF INCOME TAX-II, VISAKHAPATNAM vs. L SURYAKANTHAM, VISAKHAPATNAM

In the result, the appeal fails and is hereby dismissed

Bench: RAMESH RANGANATHAN,KONGARA VIJAYA LAKSHMI

Transfer Pricing Officer has gone into the provision of Section 92A(2) of the Act. It is further submitted that the provisions of sub- Sections (1

The Commissioner Of Income Tax (Central) vs. Madhu Enterprises

Bench: SANJAY KUMAR,GUDISEVA SHYAM PRASAD

1) or (3)a of Section-5 of the Central Sales Tax Act, 1956 and ii) Inter-state sales of taxable goods falling within the scope of Section 3 of the CST Act, but shall not include: i) Purchase price of goods taxable under Section 10 of the CST Act; ii) Transaction falling under Section 5(2), Section

S.l. Shiva Raj vs. Commissioner of Income Tax,

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

1) or (3)a of Section-5 of the Central Sales Tax Act, 1956 and ii) Inter-state sales of taxable goods falling within the scope of Section 3 of the CST Act, but shall not include: i) Purchase price of goods taxable under Section 10 of the CST Act; ii) Transaction falling under Section 5(2), Section

The Commissioner of Income Tax-V vs. The Armed Forces Officers Co.Op Housing Society Ltd

Bench: CHALLA KODANDA RAM,G.CHANDRAIAH

price per acre (4 bighas 16 biswas or 4,840 sq yds) being 1,25,25,000/-. Plaintiff under the two Agreements to Sell dated 25.9.2006 paid a sum of Rs.40 lacs. A further amount of Rs.13 lacs was paid by the plaintiff to the defendants on 5.10.2006 which was acknowledged by means of a Receipt dated 10.10.2006. In terms

Commissioner of Income Tax (TDS), vs. M/s Country Club Inda Limited

1. Nortel Networks India International Inc. (hereafter ‗the Assessee‘) has preferred the present appeals under Section 260A of the Income Tax Act, 1961 (hereafter ‗the Act‘) against orders passed by the Income Tax Appellate Tribunal (hereafter ‗ITAT‘). ITA Nos. 669/2014, 671/2014 and 672/2014 are appeals preferred by the Assessee against a common ITA 666/2014 & Ors. Page 4 of 57 order

M\S.CHENNAKESAVA VIJAYAWADA vs. THE COMMISSIONER OF INCOME TAX VIJAYAWAD

The Appeal is dismissed

Bench: GODA RAGHURAM,M.S.RAMACHANDRA RAO

price is not the transfer of a chattel, but to improve the land or the other chattel. The TAXAP/33/2000 17/27 JUDGMENT Tribunal also noted that the provisions of this Section will not cover the contract for sale of goods and the Tribunal also noted that the Supreme Court in case of Associated Hotels of India Limited [Supra] clearly laid down

The Commissioner of Income Tax-II, vs. M/s Padmapriya Real Estates AND Financiers

In the result, the appeal is allowed and the impugned judgment passed by

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

transfer at Jagdalpur, he handed over the further investigation to Sahid Ali / P. K. Shukla under the instruction of Superintendent of Police. In cross-examination he admitted that he has not 13 come across about any circular that 60% of the total amount is to be considered as expenditure and 40% is to be considered as savings. He further admitted

Commissioner of Income-Tax, vs. Rangaraya Medical College Old Students Association

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 16 of the Reforms Act, was granted. The order passed by the APERC was upheld by a Bench of this Court by an order dated 08.O6.2O01 in C.M.A.No.L97I of 2OOO and other connected matters- 10. Against the aforesaid order passed by a Bench of tltis Court, a Special Leave Peti(ion was preferred. 11. The Honble Supreme

M.Y.Maharshi vs. The Asst. Commissioner of Income-Tax

In the result, we do not find

1) Whether the Appellate Authorities were correct in holding that telecommunication expenses and traveling expenses incurred in foreign currency reduced from export turnover has to be reduced from total turnover for computing 3 deduction under Section 10A of the Act in the absence of any provisions in Section 10A of the Act which requires the concerned expenses to be reduced

The Commissioner of Income Tax (Central) vs. Akula Nageswara Rao

In the result, the orders passed by the Assessing

Bench: SANJAY KUMAR,GUDISEVA SHYAM PRASAD

price as well as the terms and conditions. The aforesaid quotation states that Dell product would be exported from Malaysia. Thus, the petitioner seeks customer's upfront contractual approval of manufacture and supply of required product from Malaysia. On receipt of the quotation, customer accepts either by signing the same or by raising a purchase order or by making

The Commissioner of Income Tax-IV vs. M/s Pokarna Limited

The appeals are dismissed

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

Section 80IA(8) requiring adoption of market value of goods in place of the actual - - 15 sale price in the cases of certain specified sales, and the transfer pricing rules, it held the Assessing Authority does not have the power to substitute the value for the actual sale price in the absence of any evidence of understatement of the value

The Commissioner of Income Tax IV vs. New Bombay Goods Transport

1) that the deeming provision in Section 4(2) was subject to the provisions contained in Section 3 of the CST Act. If the sale of goods fell within the ambit of Section 3(a) of the CST Act, it would then be an inter-state sale, notwithstanding that, in terms of Section 4(2)(a), the ascertained goods were

The Commissioner of Income Tax-III vs. Smt. Raj Kumari

Accordingly are partly allowed

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

transfer and, therefore, respondent no. 1 or his father had become full owner of the suit land. 37 LPA-22-2008+ 39. Aforesaid aspects show that the tahsildar had taken into account certain documents and considered the matter and rejected the application. It appears that neither the appellate nor the revisional authority has taken into account various facts and circumstances

Commissioner of Income tax-VI vs. M/s. Narpat Girji Constructions,

The appeal is allowed

1) of the Companies Act provides as under:- "'Where a winding up order has been made or where a provisional liquidator has been appointed, the liquidator or the provisional liquidator as the case may - 5 - OSA No. 19 of 2015 be, shall take into his custody or under his control, all the properties, effects and the actionable claims to which