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Fereshte Sethna v. ACIT

Section 14A

Where AO invoked rule 8D and made disallowance on the premise that invocation thereof was automatic irrespective of the genuineness of assessee’s claim in respect of expenditure against exempt income, the matter was remanded to AO for fresh examination…

ITO v. Mandke Foundation

Section 194C & Section 194J

Expenses towards installation of transformer, advertisement expenses and AMC for life maintenance were all contractual payments subject to section 194C and not payments for technical and professional services subject to section 194J…

Pushpavati Khushalchand Mehta v. ITO

Section 271(1)(c)

Where income from purchase and sale of equity shares shown as “Short term capital gain”, AO could not levy penalty under section 271(1)(c) alleging inaccurate particulars, as there was no change in total income…

Chand Fruit Company (P) Ltd. v. Jt. CIT

Section 37(1)

Where assessee company claimed expenditure incurred on various expenses relating to facilities, AO was not justified in making part disallowance for personal use by directors, since company cannot use any of these facilities on its own…

JSC SMNG-Center, In re

Section 44BB

Revenue earned by assessee-JSC SMNG-Center from a contract with ONGC for hiring of services for 3D OBC Seismic Data Acquisition and Processing in Sector II would be taxable in India in terms of section 44BB…

Ashok Prapann Sharma v. CIT

Section 260A

Unless the order of the Tribunal is found to be palpably incorrect and, therefore, perverse, High Court should not have interfered with the order of the Tribunal in view of limitation on exercise of jurisdiction under section 260A…

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