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Judgements by Sanjeev Jain

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The primary object of the Excise Act is to raise revenue for which various products are differently classified in New Tariff Act.

Posted in Income Tax |   2700 Views


Sale Tax Determinations:

  Sanjeev Jain    30 June 2009 at 14:45

1. Suretech International :Held equipment for recovery and peak performance of batteries being subject matter of determination, do not form part of “ Renewable energy devices and spare parts” covered under item no. 58 of third schedule to DVAT ACT, 2

Posted in Income Tax |   1942 Views



In this determination, in context of the question "What is the rate of tax upon Electric Motors and Switch gears/starters which are used as a part of Machinery”, it is held that the subject items do not find any place in any of the schedules of Act,

Posted in Income Tax |   1762 Views


Decision on 2(22)(e)

  Sanjeev Jain    25 June 2009 at 17:15

Deemed dividend can be assessed only in hands of a person who is a shareholder of lender company. If a person is a registered shareholder but not beneficial shareholder then provisions of section 2(22)(e) would not apply and similarly if a pers

Posted in Income Tax |   4142 Views


M/s. Ansaldo Energia SPA

  Sanjeev Jain    25 June 2009 at 17:15

Landmark Madras High Court ruling on taxability of off-shore supply (turnkey contracts) India Italy DTAA etc.

Posted in Income Tax |   3045 Views


GEO ENPRO PETROLEUM LTD

  Sanjeev Jain    25 June 2009 at 17:15

Dismissed Assessee's Appeal: Section 80IB Deduction involved: Commercial Production Year. In our view this finding is a pure finding of fact. If that be so, according to us, no question of law, much less a substantial question of law arises for our c

Posted in Income Tax |   1595 Views


SAMTEL INDIA LTD

  Sanjeev Jain    25 June 2009 at 17:15

Posted in Income Tax |   1418 Views


OCL India Ltd

  Sanjeev Jain    25 June 2009 at 17:15

Once revenue has not challenged a CIT-A order on a subject matter, same cannot be disturbed by invoking section 154 seeking to rectify appeal effect order originally passed (On part of AO)

Posted in Income Tax |   1033 Views


Urmila Bawa

  Sanjeev Jain    25 June 2009 at 17:15

In this case, DHC has affirmed ITAT order which has emphasized and pointed that in case Deptt Valuation report do not consider material facts relating to a property, an assessee can rebut /dislodge the same by placing its own valuer's report, which i

Posted in Income Tax |   1234 Views


BHC in Prasad Agents Private Limited

  Sanjeev Jain    25 June 2009 at 17:15

(engaged in trading of shares etc): for the first time, in context of explanation to section 73 of the Act (dealing with classification of loss arising from sale/purchase of shares in hands of a company assessee as speculative loss).

Posted in Income Tax |   1206 Views