Category: Tribunal

Archive for the ‘Tribunal’ Category


COURT:
CORAM:
SECTION(S):
GENRE:
CATCH WORDS:
COUNSEL:
DATE: (Date of pronouncement)
DATE: January 21, 2008 (Date of publication)
AY:
FILE: Click here to view full post with file download link
CITATION:

(i) Amounts received by an assessee from the foreign holding company of his employer company on redemption of stock appreciation rights, being “fruits of employment” is chargeable to tax as “salaries” despite the absence of an employer-employee relationship (ii) there …

Sumit Bhattacharya vs. ACIT (ITAT Mumbai Special Bench) Read More »

COURT:
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SECTION(S):
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COUNSEL:
DATE: (Date of pronouncement)
DATE: January 4, 2008 (Date of publication)
AY:
FILE: Click here to view full post with file download link
CITATION:

Consideration received by an assessee for agreeing not to compete constitutes a capital receipt even though (i) the period of restraint is only 18 months and (ii) the assessee continued service with the payer-company as Managing Director. Related Judgements Glenmark …

Saurabh Srivastava vs. DCIT (ITAT Delhi Special Bench) Read More »

COURT:
CORAM:
SECTION(S):
GENRE:
CATCH WORDS:
COUNSEL:
DATE: (Date of pronouncement)
DATE: January 4, 2008 (Date of publication)
AY:
FILE: Click here to view full post with file download link
CITATION:

s. 68 does not apply to an assessee who does not maintain books of account. Balance sheet/statement of affairs and bank pass book do not constitute ‘books of account’. In considering the genuineness of the “gifts”, it must be borne …

Mayawati vs. DCIT (ITAT Delhi) Read More »

COURT:
CORAM:
SECTION(S):
GENRE:
CATCH WORDS:
COUNSEL:
DATE: (Date of pronouncement)
DATE: January 4, 2008 (Date of publication)
AY:
FILE: Click here to view full post with file download link
CITATION:

For purposes of s. 80HHC, the direct cost attributable to the earning of the DEPB license (equal to the value of the license on the date of receipt) has to be reduced from the direct cost of trading goods on …

Glenmark Laboratory vs. DCIT (ITAT Mumbai) Read More »