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Ornate Traders vs. ITO (Bombay High Court)

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DATE: (Date of pronouncement)
DATE: September 1, 2008 (Date of publication)
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FILE: Click here to view full post with file download link
CITATION:

Where the department sought condonation of delay of several months in filing appeals in several matters and explained the reasons for the delay in a casual and negligent manner and without giving even the basic details, HELD, castigating the department that:

State of H.P. vs. Sardara Singh (Supreme Court)

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DATE: (Date of pronouncement)
DATE: September 1, 2008 (Date of publication)
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FILE: Click here to view full post with file download link
CITATION:

Where the High Court summarily dismissed an application without giving any reasons HELD that this manner of dealing left a lot to be desired. It was imperative to record reasons and the failure to do so rendered the order unsustainable. The emphasis on recording reasons is that if the decision reveals the “inscrutable face of the sphinx”, it can, by its silence, render it virtually impossible for the Courts to perform their appellate function or exercise the power of judicial review in adjudging the validity of the decision.

ACIT vs. Bright Star Investment (ITAT Mumbai)

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

Of the two formulas available, the formula adopted by the assessee, i.e. of taking the difference between the indexed book value on the date of conversion and the sale proceeds as long-term capital gains, being beneficial to the assessee, should be adopted. No part of the gains can be assessed as business income.

DCIT vs. MDS Switchgear (ITAT Mumbai)

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

Where the AO had granted deduction under sections 80HH & 80-I in the year of formation of the new industrial undertaking, he could not, in a subsequent year, deny the deduction on the ground that the conditions are not fulfilled, if he has not withdrawn the deduction granted in the earlier year.

SET Satellite (Singapore) vs. DDIT (Bombay High Court)

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DATE: (Date of pronouncement)
DATE: August 22, 2008 (Date of publication)
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FILE: Click here to view full post with file download link
CITATION:

The effect of Article 7 (1) of the DTAA and Circular No. 23 dated 23.7.1969 is that the income of a non-resident which is neither directly nor indirectly attributable to the PE cannot be brought to tax.

DCIT vs. Balaji Shipping (1.6 MB) (ITAT Mumbai)

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DATE: (Date of pronouncement)
DATE: August 22, 2008 (Date of publication)
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FILE: Click here to view full post with file download link
CITATION:

Where the assessee had earned freight income by transporting cargo in international traffic through ‘slot charter’ arrangements on ships owned by other enterprises and the question arose whether such profits arose from “operation of ships”, held: that in view of the OECD Commentary, Article 9 of the India-UK DTAA must be interpreted as applying not only to income arising directly from the operation of ships but also to income arising from ancillary operations such as transportation of cargo through ships owned by other enterprises.

Geoconsult GmbH vs. DIT (AAR)

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DATE: (Date of pronouncement)
DATE: August 22, 2008 (Date of publication)
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FILE: Click here to view full post with file download link
CITATION:

Where the applicant had entered into a joint venture with two Indian companies for providing consultancy services for the development of tunnels and the question was whether the JV constitutes an ‘Association of Persons’, HELD: (i) An ‘AOP’ is one

Airports Authority vs. DIT (AAR)

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DATE: (Date of pronouncement)
DATE: August 22, 2008 (Date of publication)
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FILE: Click here to view full post with file download link
CITATION:

Where the applicant entered into a contract with Raytehon USA for the acquisition of hardware and customized software and the title to the hardware was to pass outside India and all activities under the contract (except for installation and support

Dell International vs. CIT (AAR)

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DATE: (Date of pronouncement)
DATE: August 22, 2008 (Date of publication)
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FILE: Click here to view full post with file download link
CITATION:

The agreement was for rendering a ‘service’ and did not involve consideration for the ‘use or right to use equipment’ and not ‘royalty’ u/s 9 (1) (via). The consideration was not a ‘rental’ as the payee was not in custody or control of the equipment of BTA. The meanings of the words “use” and “right to use” explained in detail. It is also not ‘royalty’ u/s 9 (1) (iii). It is also not “fees for included services” under Article 12 (4) of the DTAA.

Agricultural PMC vs. CIT (Supreme Court)

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DATE: (Date of pronouncement)
DATE: August 22, 2008 (Date of publication)
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FILE: Click here to view full post with file download link
CITATION:

Agricultural Produce Marketing Committee is not a “local authority” after insertion of the Explanation in Section 10(20) vide Finance Act, 2002 w.e.f. 1.4.2003 and is consequently not entitled to the benefit under Section 10 of the 1961 Act.

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