2014 (4) TMI 170 - PUNJAB & HARYANA HIGH COURT
Kanav Khanna Versus The Commissioner of Income Tax II And Others
Stay application – Entitlement for benefit u/s 10(37) of the Act - Compensation received on acquisition of land - Whether the assessee is entitled to the grant of unconditional stay of recovery of demand - Held that:- The assessee received a total am ......
2014 (3) TMI 810 - BOMBAY HIGH COURT
Coca-Cola India (P.) Ltd. Versus Assistant Registrar representing Income Tax Appellate Tribunal
Grant of stay on recovery - Legitimacy of demand – Held that:- The Special Bench found that the assessee in that case had incurred extremely high AMP expenses for promotion and development of the L.G. brand in India. The decision turned to a large ex ......
2014 (3) TMI 578 - KERALA HIGH COURT
CP. Abdul Nizar Versus The Income Tax Officer And Others
Coercive recovery by the Revenue – Held that:- The court directed that the recovery of the amount covered under the assessment order shall be kept in abeyance till instructions are received from the respondents - there is no necessity of keeping the ......
2014 (3) TMI 15 - ITAT MUMBAI
Vodafone India Services Private Ltd. Versus Asst. CIT
Stay application - Transfer pricing adjustment u/s 92 of the Act – Assignment of call option on shares - Call centre business – Held that:- As made abundantly clear during the course of the hearing, it is not inclined to dwell on the merits of the ca ......
2014 (2) TMI 518 - BOMBAY HIGH COURT
ICICI Prudential Life Insurance Co. Ltd. Versus Commissioner of Income Tax-6 & Others
Recovery of dues - stay - attention was drawn to the Circular No.530 dated 6 March 1989 issued by the Central Boards for Direct Tax (CBDT) wherein it has been specifically provided that when the demand in dispute relates to an issue that had been de ......
2014 (2) TMI 468 - GUJARAT HIGH COURT
Pratham Developers Versus Income Tax Officer & 3
Stay of demand - Calim of deduction u/s 80IB(10) of the Act – Held that:- There is a strong prima facie case that the case of the petitioner for deduction under section 80IB(10) of the Act is governed by the decision of this Court in the case of Comm ......
2014 (1) TMI 1041 - DELHI HIGH COURT
Asha Pal Gulati Versus Central Board of Direct Taxes
Waiver of penalty and interest u/s 273A - Whether the petitioner had made satisfactory arrangements for the payment of tax - Held that:- The petitioner had been unable to show that a satisfactory arrangement had been made for payment of tax and inte ......
2014 (1) TMI 589 - ITAT MADRAS
M/s PRECOT MERIDIAN LTD Versus DEPUTY COMMISSIONER OF INCOME TAX
Nature of Expenses – Revenue OR Capital Expenditure – Replacement of Machinery – Held that:- Machinery has been replaced by the assessee to bring latest technology and for improving the efficiency of the plant and machinery - The replacement of machi ......
2014 (1) TMI 141 - BOMBAY HIGH COURT
SHRI NIKHIL KELKAR Versus INCOME TAX OFFICER & ORS
Recovery proceedings - Held that:- The petitioners appeal is pending before CIT (A), the recovery proceedings should be initiated only after the decision in appeal - CIT(A) has inherent power to do all that necessary for the just disposal of the app ......
2014 (1) TMI 104 - ITAT CHENNAI
M/s. Precot Meridian Ltd. Versus Assistant Commissioner of Income Tax
Nature of Expenses – Revenue OR Capital Expenditure – Replacement of Machinery – Held that:- The order of the CIT(A) upheld - The expenditure incurred on machinery is revenue in nature and is allowable under section 37 of the Act - The remaining expe ......
2014 (1) TMI 19 - BOMBAY HIGH COURT
M/s JALARAM ENTERPRISES CO PVT LTD Versus ASSISTANT COMMISSIONER OF INCOME TAX
Stay of demand - Held that:- no objection and/or representation has been filed before the Tax Recovery Officer against the attachment of its Bank Accounts on 2 September 2013 and has accepted the same. Therefore, it is not open to the Petitioner to n ......
2013 (12) TMI 1424 - PUNJAB & HARYANA HIGH COURT
The Amritsar Improvement Trust Versus Assistant Commissioner of Income Tax And Another
Stay of demand - Held that:- As per the CBDT Instruction, which is prevalent as of now is that in the normal course, the payment will not be stayed but can only be done for valid reasons and merely because an appeal has been preferred against the ass ......
2013 (12) TMI 1008 - ITAT CHENNAI
Precot Meridian Ltd. Versus Deputy Commissioner of Income Tax & Assistant Commissioner of Income Tax
Demand u/s 220 - Appealable or not - Held that:- The giving effect orders show revised computation of total income based on appellate orders - If these were simply orders levying interest under Section 222(2) of the Act, it might not have been appeal ......
2013 (9) TMI 490 - ITAT MUMBAI
M/s MEECON PVT LTD Versus DCIT
Disallowance of Depreciation - lease transaction - finance lease or operating lease or otherwise - Held that:- The transaction was neither operating lease not financial lease - Therefore, the claim of depreciation cannot be allowed - In the course o ......
2013 (7) TMI 700 - KARNATAKA HIGH COURT
SMT JOSHNA RAJENDRA Versus THE COMMISSIONER OF INCOME-TAX BANGALORE
Stay application - Opportunity for personal hearing not given - Held that:- proposition of law is that the second respondent while examining an application for stay under section 220(6) of Income Tax Act, 1961 is required to pass a speaking order and ......