Month: June 2008

Archive for June, 2008


E-Gain Communication vs. ITO (ITAT Pune) (5.3 MB)

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DATE: (Date of pronouncement)
DATE: June 28, 2008 (Date of publication)
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FILE: Click here to view full post with file download link
CITATION:

Where the assesee was a captive company rendering software development services to its parent company and was entitled to receive actual cost + 5% and it was agreed that the Transactional Net Margin Method (“TNMM”) was the appropriate method for determining arms’ length price.

Mrs. Mudra Nanavati vs. DCIT (ITAT Mumbai)

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DATE: (Date of pronouncement)
DATE: June 28, 2008 (Date of publication)
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FILE: Click here to view full post with file download link
CITATION:

The issue of notice under s. 143 (2) I. T. Act within the time limit is mandatory for block assessment proceedings. If notice u/s 143 (2) is issued beyond the time limit, the block assessment order passed u/s 158BC is not valid.

M/s B. G. Chitale vs. DCIT (ITAT Pune – Special Bench)

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DATE: (Date of pronouncement)
DATE: June 10, 2008 (Date of publication)
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FILE: Click here to view full post with file download link
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The process of pasteurisation of milk does not amount to manufacture / processing for purposes of sections 80-I and 80-HHA as while pastuerised milk is improved in quality, it is not a commercially different product as compared to raw milk.

Taj Lands End vs. ACIT (ITAT Mumbai)

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DATE: (Date of pronouncement)
DATE: June 10, 2008 (Date of publication)
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FILE: Click here to view full post with file download link
CITATION:

It is not mandatory for an asseessee to claim depreciation prior to the insertion of Explanation 5 to s. 32. Vahid Paper Converter vs. ITO 100 TTJ 532 (Ahd) (SB) distinguished.

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