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Sep 10, 2009

UPDATES FROM TAX GURU 11.09.2009

UPDATES FROM TAX GURU (in this message: 10 new items)



Renting of Immovable Property


Renting of Immovable Property – Delhi High Court Decision The Division Bench of the Delhi High Court comprising of Justice Badar  Durrez Ahmed and  Justice  Rajiv Shikader gave  a milestone  judgment  on  18th  April, 2009, in the case of Home...

No addition could be made solely on the basis of material found in the possession of third party


SUMMARY OF CASE LAW There must be a direct nexus between the material found in the course of search at the assessee's premises as well as other material gathered by the Assessing Officer from extraneous sources; if there is no such nexus then...

Allowability of expenses towards penalty and damages in compensatory nature


SUMMARY OF CASE LAW The payment which is punitive, is not allowable and in case the payment is compensatory, then the payment to the extent the same is of compensatory nature is to be allowed. CASE LAW DETAILS Decided by: ITAT, BANGALORE BENCH...

Deduction U/s. 80HHF available on sale not on Production or mere allotment



SUMMARY OF CASE LAW Deduction under section 80HHF does not hinge upon production of film software, but it essentially involves the element of export or transfer by any means of film software, outside India; mere allotment of IEC does not ipso facto...

Liability can not be added to income just because they are old or not proved genuine


SUMMARY OF CASE LAW Section 41(1) concerns with only trading liability and not with any other type of liability; every liability standing in the balance sheet cannot be presumed to be a trading liability; where the assessee has not written off a...

Allowability of depreciation on non-compete fee u/s. 32 of the Income Tax Act, 1961


CASE LAW DETAILS Decided by: ITAT, BENCH `C', CHENNAI,In The case of: Srivatsan Surveyors Pvt. Ltd. v. ITO,Appeal No.: ITA No. 1899 (Mds.)/2007, Decided on: December 12, 2008 RELEVENT PARAGRAPH 3. We have heard the rival submissions in...

Principle of mutuality applicable when there is complete identity between the contributors and the participators


CASE LAW DETAILS Decided by: ITAT, MUMBAI BENCHES `E', MUMBAI, In The case of: The Jai Hind Co-op Housing Society Ltd. V.ITO, Appeal No.: ITA NO. 88/Mum/2006,  Decided on: December 17, 2008 RELEVENT PARAGRAPH 7. We have the rival submissions...

Notice of Non-functioning ITAT Mumbai Benches for the period from 14.09.09 to 17.09.09


Notice of Non-functioning Benches from period of 14.09.09 to 17.09.09 The Following Benches will Not function during the period from 14.09.2009 to 17.09.2009"H", "I", "K", & "WT"The cases are...

Scheme for Filing of Statutory Documents and other Transactions by Companies in Electronic Mode


[PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART – II, SECTION 3, SUB-SECTION (ii)] Government of India, Ministry of Corporate Affairs, New Delhi Notification  Dated : 7th September, 2009. S.O. 2276 (E) – In exercise of the powers conferred...

Empanelment with ROC for Technical Scrutiny of Balance Sheets & Format of Agreement


Circular Issued by: – Government of India, Ministry of Corporate Affairs, Office of Registrar of Companies. Issued to: Local Chapter, ICAI/ICSI/ICWAI Sub: - Panel for outsourcing of work of Technical Scrutiny of Balance Sheets. This...

With Regards, 
CA Sandeep Kanoi 
Website: http://www.taxguru.in/ 
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UPDATES FROM TAXGURU