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

price of khair wood. 4. It is the petitioner’s case that, since the Corporation issued bills in their favour and provided them a transit pass to transport khair wood from their Chiriyapur Depot in the State of Uttarakhand to the petitioner’s address at Nazibabad in the State of Uttar Pradesh, it was evident that the goods moved from

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

3) of the Act. The Transfer Pricing Officer treated the expenditure incurred on the advertisement and marketing and product promotion as an international transaction and determined the arms length price by applying bright line method. Pursuant to the order passed by the Transfer Pricing Officer, a draft assessment order was passed by the Assessing Officer, by which disallowance

Commissioner of Income Tax vs. Sri Chirla Rama Reddy, Contract

Appeal is dismissed with costs

Bench: The Hon’Ble Mr. Justice N.K.Sudhindrarao R.S.A.No.70/2007

Section 54 of the Transfer of Property Act, as under: “Sale” defined.—‘‘Sale” is a transfer of ownership in exchange for a price paid or promised or part- paid and part-promised. Sale how made.—Such transfer, in the case of tangible immoveable property of the value of one hundred rupees and upwards, or in the case of a reversion

PR COMMISSIONER OF INCOME TAX-2, HYDERABAD vs. M/S GOLDEN STAR FACILITIES AND SERVICES PVT LTD., HYD

Bench: RAMESH RANGANATHAN,KONGARA VIJAYA LAKSHMI

Section 13 which provides for Rule making power of the Central Government in respect of minerals. Section 13 subsection (1) WP(C). 11249/2010 & other contd cases. -:88:- and Section 13 Sub-section (2) in so far as relevant in the present case are as follows: “13. Power of Central Government to make Rules in respect of minerals.-- (1) The Central

M/S VAIBHAV vs. JOINT COMM. OF INCOME TAX RANGE 3 HYD

Appeal is allowed and the judgments and decrees passed by the

Bench: The Learned Trial Court) Was Allowed & The Judgment & Decree Dated 12.12.2000, Passed By Learned Senior Sub Judge, Kullu Was Set-Aside. (Parties Shall Hereinafter Be Referred To In

Section 55 (4) (b) of the Transfer of Property Act which are set out below:- "55. In the absence of a contract to the contrary the buyer and seller of immovable property respectively are subject to the liabilities, and have the rights, mentioned in the rules next following, or such of them as are applicable to the property sold

M/s. Canara Securities Ltd vs. Dy. Commissioner of Income Tax

Bench: M.S.RAMACHANDRA RAO,T.AMARNATH GOUD

92, 94, 95, 96 AND 98 OF 2020) REPORTABLE Page 83 of 300 APLs to act by majority is contrary to law and to the order of appointment of the APLs. 23. It is submitted that the decision of two of the APLs to re-investigate into the extent of the estate and percentage of share holding is beyond their

The Commissioner of Income Tax (Central) vs. M/s Hyderabad House Pvt Ltd.,

price index for industrial workers [CPI (IW)]. The view in Kamla Devi (supra) was followed in a number of subsequent decisions of this Court in cases reported as Ashwani Gupta v. Government of India & Ors. 117 (2005) DLT 112; Tasleema v. State (NCT of Delhi) & Ors. ILR (2009) 6 Del 486 : (2009) 161 DLT 660 (DB); Nagrik Sangarsh Samiti

Principal Commissioner of Income Tax - 5 vs. M/s Vijay Textiles Limited

The appeal is dismissed

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

price of Rs.150/- sq.ft for the land has been fixed, but land was the capital to be introduced by the 32 assessee for the purpose of endeavor. That assessee had considerable stake, is clear from the fact that asseessee was obliged to offer the land as security for raising loans. Assessee had parted with possession with clear knowledge that

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

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

3 [2008] 307 ITR 59 ITA 473/2012, 474/2012, 500/2012 & 244/2014 Page 9 or the DTAA (in that case with the UK); and in the absence of a permanent establishment in the territory of India not taxable as business profits either. 10. The AO recognised that the operative words in the definition would be “use” and “process”. First, as regards

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

The Appeal is dismissed

Bench: GODA RAGHURAM,M.S.RAMACHANDRA RAO

3] for construction of the refinery, for a sum of Rs. 1,100 Crores; Rs. 438 Crores & Rs. 455 Crores respectively. It was noticed by the ITO that these contracts were allotted to its sister concern viz., Messrs. Essar Projects Limited which had obtained a Certificate u/s. 197(1) of the Income Tax Act, 1961 [“Act” for short

INCOME TAX BANGALORE vs. SHALINI BHUPAL

Appeal is dismissed

3) This section applies to any ship, where all the following conditions are fulfilled, namely :— (i) it is owned by an Indian company and is wholly used for the purposes of the business carried on by it; (ii) it was not, previous to the date of its acquisition by the Indian company, owned or used in Indian territorial waters

The Pr. Commissioner of Income Tax-2 vs. M/s. GJ Trading Pvt Ltd

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

Section 9(1)(vii). Hence, we hereby decline to interfere with the directions of the Dispute Resolution Panel in this case.” 6. Before us Mr. Rai, learned counsel for the appellant, however, would submit that as per the disclosures which were made by the assessee in the Transfer Pricing Study itself, the transaction relating to Freight Logistic Support Services would

The Commissioner of Income -Tax - III, vs. Shri Taher Ali

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

price paid or promised, or of money, a share 57 / 79 CRA-322-08gr of crops, service or any other thing of value to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms. Relying upon this judgment as also Section 105 of T.P. Act he submitted that leave

THE COMMISSIONER OF INCOME TAX-IV, HYDERABAD vs. M/S NAVA BHARAT VENTURES LTD., HYDERABAD

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

3. The learned ITAT vide its consolidated order, dated 2O.O7.2O12 disposed of the appeals granting relief to the assessee directing the Assessing Officer to re-compute the deduction allowable under Section 8O-IA of the Act, 196 1 by adopting Rs.2.53 per unit as per prevailing market rate. Further, the ITAT also held that the. assesse is entitled for deductiorr

THE COMMISSIONER OF INCOME-TAX-IV, HYDERABAD vs. M/S NAVA BHARAT VENTURES LTD., HYD

The appeal is dismissed

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

92,O4,891/- to Rs.7,57,48,992/- by invoking the provisions of Section B0-IA(8) and Section 80-IA (10) of the Act, 1961. He further submitted that the Assessing Officer observed that the power plants were set up for Captive C,tnsumption and the APStrE; has granted sanction only for the purpose of Captive Consumption. Since

The Pr. Commissioner of Income Tax [Central] vs. M/s Nallamala Agro Farms Pvt Ltd.,

Bench: J. UMA DEVI,V RAMASUBRAMANIAN

3. Whether on the facts and in the circumstances of the case, the Tribunal was right in law in directing the assessing authority / Transfer Pricing Officer to exclude M/s. Persistent Systems Ltd., as its RPT is 15.47 and to include Thinksoft Global Services Ltd., even without proper application of principles for adopting the same? 4. Whether on the facts

Shri Maneklal Agarwal vs. The Deputy Commissioner of Income Tax

The appeals are allowed and

Bench: A RAMALINGESWARA RAO,DILIP B. BHOSALE

3 of the agreement further clarifies that if by 10.05.1997, whole of the sale consideration is not paid by the proposed vendee, it would entail cancellation of the agreement and forfeiture of advance amount paid by the proposed vendee. Thus, in terms of the agreement, the time fixed for completion of the transaction was 10.05.1997 and consequences of failure

The Pr.Commissioner of Income Tax (Central) vs. M/s Vaishnavi Educational Society

In the result, this Cross Objection is allowed and the suit is

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

transfer by the Owner to defeat or delay his creditors, it applies generally to all transferees RFA 554/15 & CON. CASES 46 who claim to be bonafide. A learned Division Bench of this Court also followed this view in Krishnamenon v. Pradeep Kumar (2017 (1) KLT 429), holding again in the context of Section 53 of the TP Act, that once