Month: June 2008

Archive for June, 2008


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

COURT:
CORAM:
SECTION(S):
GENRE:
CATCH WORDS:
COUNSEL:
DATE: (Date of pronouncement)
DATE: June 28, 2008 (Date of publication)
AY:
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.

Posted in All Judgements, Tribunal

Mrs. Mudra Nanavati vs. DCIT (ITAT Mumbai)

COURT:
CORAM:
SECTION(S):
GENRE:
CATCH WORDS:
COUNSEL:
DATE: (Date of pronouncement)
DATE: June 28, 2008 (Date of publication)
AY:
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.

Posted in All Judgements, Tribunal

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

COURT:
CORAM:
SECTION(S):
GENRE:
CATCH WORDS:
COUNSEL:
DATE: (Date of pronouncement)
DATE: June 10, 2008 (Date of publication)
AY:
FILE: Click here to view full post with file download link
CITATION:

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.

Posted in All Judgements, Tribunal

Taj Lands End vs. ACIT (ITAT Mumbai)

COURT:
CORAM:
SECTION(S):
GENRE:
CATCH WORDS:
COUNSEL:
DATE: (Date of pronouncement)
DATE: June 10, 2008 (Date of publication)
AY:
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.

Posted in All Judgements, Tribunal
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