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The transfer of shares of an Indian company by a holding Co (Yum Asia) to another holding Co (Yum Singapore) results in change of “beneficial ownership” of shares and results in disallowance of b/fd losses even though the ultimate beneficial owner re

Posted in LAW |   2892 Views



Even in case of substituted third proviso to Section 254(2A) of the Act which restricts the power of the ITAT to grant stay beyond 365 days “even if the delay in disposing of the appeal is not attributable to the assessee” has been struck down in Pep

Posted in LAW |   2897 Views



The Respondent is an investment company in which individual members of the Bilakhia family held equal interest. The family members executed a deed of family arrangement with an objective to consolidate and equalize values of the assets held by each o

Posted in LAW |   3466 Views



The following questions of law have been raised by the Revenue in the appeal.(i) Whether the ITAT erred in law in interpreting the language and provisions of Section 271(1)(c) which only talks of initiation of penalty in “course of any proceedings” a

Posted in LAW |   3974 Views



Petitioner was a civil contractor deriving by executing civil contracts in various Government Departments. For the AY 2010-11, the petitioner received certain payments from the Government Departments and a total sum of Rs.3,14,766/- was deducted as T

Posted in LAW  2 comments |   4257 Views



Section 80 HHC has been enacted in the Income Tax Act, 1961 to encourage exports for the purpose of earning foreign exchange. The exporter gets certain deduction from the income, which is derived from the profits from export of goods, while computing

Posted in LAW |   3646 Views



The petitioners M/S Nakshatra Steel Sales & Services Ltd. And M/S Leo Ispat Ltd.supplied various iron and steel products tothe respondent companyM/S Radlay Metal Products Pvt. Ltd as per agreed specifications andraised bills for the materials supplie

Posted in LAW |   4452 Views



The assesse who was engaged in the business of dealing in the auto spare pails andinvestment in bonds, mutual funds and other securities had claimed Rs. 31,13,006.51/- as LTCG and Rs. 26,82,115.35/- as STCG. The LTCG claim was permissible by AO but S

Posted in LAW |   2756 Views



The petitioner - Linde had formed a consortium with Samsung through MOU for jointly submitting a bid to secure a tender floated by OPAL to execute a project on turnkey basis. The proposal was accepted by OPAL. The consortium entered into an agreement

Posted in LAW |   3025 Views



Two writ petitions were filed under Art. 226 of the Constitution of India, challenging the jurisdiction of the first respondent to (i) reopen the assessment by issue of a notice under section 148 of the Income Tax Act, 1961 (“the Act”) and (ii) to tr

Posted in LAW |   3378 Views