SUPREME COURT RULING

Similar documents
SUPREME COURT RULING (INCOME TAX)

J.B. NAGAR CPE STUDY CIRCLE STUDY GROUP MEETING RECENT IMPORTANT JUDGMENTS IN DIRECT TAX

DIRECT TAX REVIEW AUGUST 2016 VERENDRA KALRA & CO. Inside this edition. Like always, Like never before

CA SHARAD A SHAH. 21/06/2014 DTRC - Pune WIRC

Controversies surrounding Section 14A of the Income Tax Act

SUPREME COURT RULING (INCOME TAX)

T. P. Ostwal & Associates (Regd.) Key Budget Proposal Budget 2012 CHARTERED ACCOUNTANTS

SUMMARY OF MUMBAI HIGH COURT JUDGMENTS FOR JUNE, 2017

INCOME-TAX AND BASED ON FINANCE ACT, FINANCE ACT, 2007 WITH NOTES 49 I.T. NOTES 69 I.T. NOTES 97 I.T. NOTES I.T. NOTES 139 I.T.

versus CORAM: HON BLE DR. JUSTICE S. MURALIDHAR HON'BLE MR. JUSTICE VIBHU BAKHRU

A Fresh look at disallowances u/s 14A of Income Tax Act - By CA. K.K.Chhaparia

Summary of Direct Tax Case Laws for CA Final (Source:

MTP_ Inter _Syllabus 2016_ June 2018_Set 2 Paper 7 Direct Taxation (DTX)

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: E : NEW DELHI BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND SH. O.P. KANT, ACCOUNTANT MEMBER

HIGH COURT RULING. CIT, Bangalore Vs Sasken Communications Tech Ltd (Dated: August 2, 2011)

Significant legal decisions Income-tax

1 RETURN OF INCOME & ASSESSMENT PROCEDURE

CA TIRTHESH M. BAGADIYA

Commissioner of Income Tax 24

Dilution of Section 14A

TAXATION OF CO-OPERATIVE SOCIETIES

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH B BENCH BEFORE SHRI B.R.MITTAL(JUDICIAL MEMBER) AND SHRI RAJENDRA (ACCOUNTANT MEMBER)

TAXATION OF CO-OPERATIVE SOCIETIES

in NBFCs Presented by : Hitesh R. Shah Chartered Accountant 28 January

Budget Highlights

Vs. Assessee by Sh. Sanjay Nath, CA Revenue by Sh. Atiq Ahmad, Sr. DR. Date of Hearing Date of Pronouncement

DIRECT TAX REVIEW VERENDRA KALRA & CO OCTOBER Inside this edition. Like always, Like never before

ITAT Bengaluru reaffirms payment for Adwords program as royalty in case of Google India* Global Business Tax Alert Sharp Insights

REASSESSMENTS WITH SPECIAL REFERENCE TO RECENT DEVELOPMENTS AND PRACTICLE ASPECTS THERETO

IN THE INCME TAX APPELLATE TRIBUNAL, C BENCH, KOLKATA. Before : Shri M. Balaganesh, Accountant Member, and Shri S.S. Viswanethra Ravi, Judicial Member

CIT v. Reliance Petroproducts (P) Ltd. ()

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, B, MUMBAI BEFORE SHRI P.M.JAGTAP, ACCOUNTANT MEMBER AND SHRI VIJAY PAL RAO, JUDICIAL MEMBER ITA

CA C. Neelakantan Ashok Leyland Limited

IN THE INCOME TAX APPELLATE TRIBUNAL "F" Bench, Mumbai. Before Shri B.R. Baskaran, Accountant Member and Shri Pawan Singh, Judicial Member

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No.4380 OF 2018 (Arising out of Special Leave Petition (C) No.

IN-DEPTH ANALYSIS OF IMPORTANT ISSUES ARISING OUT OF LATEST HON BLE DHC JUDGMENT ON COMMERCIAL RENTING

[Published in 406 ITR (Journ.) p.73 (Part-3)]

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI

FINAL May PAPER 7: DIRECT TAX LAWS Test Code: FTP 7 Branch : Date: 31.3.

SEMINAR ON SECTION 14A DISALLOWANCE AND DEEMED DIVIDEND

Insight of Few Sections

PHARMA INDUSTRY ISSUES IN INCOME-TAX. Presentation by: Abhitan Mehta. November 4, 2017

Income Computation & Disclosure Standards. CA Gaurav Jain & CA Gaurav Makhijani

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI R.C. SHARMA, AM AND SHRI MAHAVIR SINGH, JM

Mihir Naniwadekar Advocate. Penalties: S. 271(1)(c), S. 271AAA, s. 271AAB

Commissioner of Income-tax, Bangalore v. Infosys Technologies Ltd.

Recent Judgments July 2015 By Ms. Bhavya Rangarajan, Advocate Ms. B. Mala, Associate Subbaraya Aiyar, Padmanabhan and Ramamani (SAPR) Advocates

: 1 : Time allowed : 3 hours Maximum marks : 100. Total number of questions : 6 Total number of printed pages : 8

Domestic Transfer Pricing

Aspects of Income Tax Scrutiny

CS Professional Programme Solution June Paper - 6 Module-III Advanced Tax Laws and Practice Part-A

2. Kawasaki Heavy Industries Ltd Vs ACIT ITA No. 1321/Del/2015 dt

DIRECT TAX REVIEW MAY 2018 VERENDRA KALRA & CO. Inside this edition. Like always, Like never before

BEFORE THE HON'BLE MR.JUSTICE RAM MOHAN REDDY

DIRECT TAX REVIEW VERENDRA KALRA & CO FEBRUARY Inside this edition. Like always, Like never before

CA IPCC Taxation Nov 2014 solutions (Both Direct and Indirect taxes) CA N Rajasekhar M.Com FCA DISA (ICAI) Chennai

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD. SPECIAL CIVIL APPLICATION No of CADILA HEALTHCARE LTD - Petitioner(s) Versus

Case Study on Splitting up/ reconstruction of business of old unit

INCOME TAX APPELLATE TRIBUNAL ORDER

IN THE HIGH COURT OF JUDICATURE AT BOMBAY WRIT PETITION NO.2468 OF 2008

INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA

INTENSIVE STUDY GROUP 08/08/2013 CA SANJAY CHOKSHI

RANCHI CLUB LTD. IS STILL GOOD LAW [Published in 267 ITR (Jour.) p.40 (Part-5)]

CORPORATE UPDATE IN THIS ISSUE DIRECT TAX INTERNATIONAL TAXATION TRANSFER PRICING DOMESTIC TAXATION. September, 2018

HIGH COURT RULING (INCOME TAX)

Public Interest Litigation Petitions filed by AIFTP & Associate Members

Cost sharing by companies and Service Tax

Reassessment B y C A M a h e n d r a S a n g h v i

Direct Tax (Article) Penalty for Concealment/Furnishing of Inaccurate Particulars of Income

DISCLAIMER. The Institute of Chartered Accountants of India

Domestic Transfer Pricing Provisions

Total turnover/ Gross receipts 30% 30% of FY > Rs 50 Cr No change in rate of Surcharge

Domestic Transfer Pricing (India)

ARTICLE. On Finance Bill (Budget) Proposals 2013 Income Tax Act, 1961 By CA. SATISH AGARWAL

6. PROFITS AND GAINS OF BUSINESS OR PROFESSION 2

ACCOUNTING & TAXATION ISSUES RELATING TO CAPITAL MARKET TRANSACTIONS CAPITAL MARKET TRANSACTIONS

Penalty provisions under Income Tax Act Unlearning and relearning consequent to Finance bill 2016 By K.K.Chhaparia, FCA

Income Computation And Disclosure Standards (ICDS) Overview CA. MehulofShah. Care, Pair, and Share

for private circulation only

H A R B I N G E R. Updates on regulatory changes affecting your business. May B D Jokhakar& Co. Chartered Accountants

TDS under section 195 of the Income-tax Act. CA Vishal Palwe 16 December 2017 Seminar on International Taxation at WIRC

Income Tax Act DIVISION ONE 1 DIVISION TWO 2

PBGP Disallowances An insight of the Indian Tax Laws

Union Budget 2014 Analysis of Major Direct tax proposals

Sharing insights. News Alert 20 May, 2011

Tax implications of Amalgamations & Demergers. - Jayesh Sanghvi

MODE OF CITATION : [2015] 153 ITD

Sharing insights. News Alert 8 February, Trading by way of re-export of imported goods from Special Economic Zone eligible for tax holiday

Reporting under Revised Tax Audit Forms (Clause 26 to 41 of Form 3CD)

H A R B I N G E R. Updates on regulatory changes affecting your business. November B D Jokhakar & Co. Chartered Accountants

The manufacturer or the service provider may procure the inputs or capital goods with the intention of using the same

Delhi High Court strikes down several ICDS provisions

Contents A-5. q CIRCULARS

ISSUES IN CAPITAL GAINS PROVISIONS UNDER INCOME TAX ACT

UNDERSTANDING-- TAXATION SYSTEM

STUDY GROUP MEETING. Thursday, 14 th December, 2017 SNDT, Committee Room, Churchgate, Mumbai. RECENT JUDGMENTS ON DIRECT TAX

WIPRO LTD. vs. DEPUTY COMMISSIONER OF INCOME TAX*

INDIA BUDGET,2009 Analysis of important provisions July 13, 2009 (Budget presented on 6 th July 2009)

Reporting under Revised Tax Audit Forms (Clause 26 to 41 of Form 3CD)

VERENDRA KALRA & CO DIRECT TAX REVIEW FEBRUARY Like always, Like never before CHARTERED ACCOUNTANTS

Transcription:

SUPREME COURT RULING 2012-TIOL-109-SC-IT Regional Director, Ongc Ltd & Anr Vs Association Of Scientific & Technical Officers, Ongc Ltd & Ors (Dated: November 7, 2012) Income tax - Sections 2(7)(c), 4, 17(2)(ii), 192(1), 200, 201(1A), Rule 3 - Perquisites - Concessions - 22nd Amendment Rules, 2001 - TDS - Whether when the assesse is liable to deduct tax at source on salary, including the perquisites as per Rule 3, but fails to do do because of an interim order passed by the High Court, which is later vacated on the basis of the Apex Court decision, the assessee for the period when interim order was in force, can be deemed to be an assessee in default - Whether while vacating the interim order the HC allows three months period for compliance of the provisions of the I-T Act, the assessee is to be held to be in default and is also liable to pay interest from such a date as allowed while dismissing the writ. 2012-TIOL-108-SC-IT CIT Vs Krishna Sahakari Sakhar Karkhana Ltd (Dated: September 25, 2012) Income tax - Appropriation of profit - Whether when a cooperative society of sugar sells certain quantity of sugar to sugarcane growers at concessional rate, the difference between the market price and the concessional price is to be included in the total income of the assessee-society. 2012-TIOL-106-SC-IT ACIT Vs Torrent Cables Ltd (Dated: September 25, 2012) Income tax - Whether when the assessee follows the practice of including excise duty at the time of removal of goods, any fault can be found with the net method of valuing the closing stock. 2012-TIOL-102-SC-IT CIT Vs United Glass Mfg Co Ltd (Dated: September 12, 2012) Income tax - Sections 37(1), 43B - Whether advance customs duty is eligible for deduction u/s 43B - Whether club membership fee paid by the company is admissible business expenditure.

2012-TIOL-93-SC-IT M/s Kennametal India Ltd Vs CIT (Dated: September 26, 2012) Income Tax - 'de-novo' - Whether there is any difference between the term 'reimbursement' and 'contribution'. 2012-TIOL-90-SC-IT M K Shanmugam Vs CIT (Dated: September 24, 2012) Income tax Whether when the HC has over-ruled the decisions of lower adjudicating authorities on factual aspects, the remand is a proper recourse. 2012-TIOL-89-SC-IT CIT Vs M/s Krishi Utpadan Mandi Samiti (Dated: September 27, 2012) Income Tax - Amounts transferred by the assessee to Mandi Parishad would constitute application of income for charitable purposes within the meaning of Section 11(1)(a) of the Income Tax Act, 1961. 2012-TIOL-88-SC-IT CIT Vs Shri Ram Honda Power Equipment Ltd (Dated: September 19, 2012) Income Tax - Special Leave Petition - Whether the excise duty payable on goods manufactured is an expense, or it is a constituent of stock - Whether the excise duty can be accounted for in the books of accounts at the time of clearance of goods from factory. 2012-TIOL-87-SC-IT CIT Vs M/s Bannari Amman Sugars Ltd (Dated: September 26, 2012) Income Tax - Whether the assessing authority has the power to verify the valuation of stock declared by the assessee - Whether it is settled law that the closing stock of

incentive sugar is to be valued at the levy price - Whether in case the stock is valued at a higher value, between the levy price or cost price, the excess realisation would be a revenue receipt. 2012-TIOL-86-SC-IT Morinda Cooperative Sugar Mills Ltd Vs CIT (Dated: September 26, 2012) Income Tax - Section 80P(2)(a)(iii) - Whether a conclusive test for a process to be termed as manufacture can be established - Whether the final product 'sugar' would make the assessee firm entitled to claim the benefit of Section 80P(2)(a)(iii), in respect of marketing of the agricultural produce grown by its Members. 2012-TIOL-85-SC-IT M/s Escorts Tractors Ltd Vs CIT (Dated: September 18, 2012) Income tax - Section 32A, Rule 6D - Whether for the purpose of investment allowance u/s 32A(2)(b)(iii), a canteen can be said to be an 'industrial undertaking' - Whether a canteen fails to meet the statutory conditions only because it does not produce any article or thing as required under clause (iii) of Sec 32A. 2012-TIOL-84-SC-IT Price Waterhouse Coopers Pvt Ltd Vs CIT (Dated: September 25, 2012) Income Tax - Sections 40A(7), 44AB, 139(6) & (6A), 143(3), 148, 271(1)(C), Rule 6G(2) - "inadvertent error", "human error", "silly mistake", "bona fide error" - Whether when it comes to filing of tax return, a high-calibre accounting firm is not expected to commit a silly mistake - Whether high-calibre and expertise provide any immunity to the assessee from making human error - Whether when a high-calibre accounting firm makes an inadvertent error in claiming deduction, which was also overlooked by the AO at the first instance, it warrants imposition of concealment penalty. 2012-TIOL-83-SC-IT Kerala State Industrial Devt. Corporation Ltd Vs CIT (Dated: September 18, 2012)

Income tax - Sections 36(1)(vii), 36(2)(i)(b) - Whether when the assessee, an industrial developlment arm of the State Govt, advances loans to a JV, which is declared sick by the BIFR, applying the commercial test and business exigency test, it can be said that the assessee satisfies the twin conditions for claiming deduction of bad debt. 2012-TIOL-82-SC-IT Dinosaur Steels Ltd Vs JCIT (Dated: September 13, 2012) Income tax - Sections 72, 80HH, 80I, 80IA, 143(1)(a), 154 - Whether when an allowance claimed by the assessee involves a question of law, the same cannot be disallowed by treating it as a mistake u/s 154 - Whether when the assessee claims Sec 80IA benefits before adjusting carry-forward losses based on a HC decision, although the issue was later settled against the assessee, it can be said that allowing the assessee's claim was a mistake and the same can be corrected u/s 154. 2012-TIOL-81-SC-IT M/s Samtel India Ltd Vs CIT (Dated: September 19, 2012) Income tax - Sections 32(2), 72, 80HHC(3), 143(1), (2) & (3), 154 - Whether when the Revenue, which had allowed higher deduction u/s 80HHC(3) in the original assessment, reduces the exports benefits as it also sets off losses of earlier years and adjusts unabsorbed depreciation after the assessee files an application u/s 154, any fault can be found with the Revenue in its computation and treatment of deductions under various heads. 2012-TIOL-80-SC-IT M/s Sandur Manganese And Iron Ores Ltd Vs CIT (Dated: September 18, 2012) Income tax - Sections 37(1), 40A(9) - Whether when the assessee makes payments to certain schools other than the school and society floated by it for providing education to its employees' children, such payments can be treated as reimbursements - Whether any dichotomy exists between the terms 'contribution' and 'reimburesement'. 2012-TIOL-79-SC-IT

M/s Northland Dev. & Hotel Corporation Vs CIT (Dated: September 18, 2012) Income tax - Section 271(1)(c) - NPA - Whether when assessee errs in computing interest on loan taken from the bank and thus, the decree sum happens to be less than the outstanding amount shown in the loan account, the difference sum is to be construed as waiver of the loan by the bank - Whether penalty is warranted in such a peculiar case. 2012-TIOL-78-SC-IT DIT Vs Citi Bank N A (Dated: September 14, 2012) Income Tax - Appeals - Inordinate Delay in filing appeals in High Court and Supreme Court: In cases, where huge revenue/demand from the Department is involved, invariably, there is inordinate delay in filing appeals before the High Court under Section 260A of the Income Tax Act, 1961, and in filing special leave petitions before this Court. This aspect needs to be looked into. This aspect has been brought to the notice of the learned Attorney General as well as the Ministry of Law in the past. This is one such case. Even in the past, this Court has raised a similar query. Moreover, once a matter is dismissed on the ground of delay, it has a ricocheting effect. 2012-TIOL-77-SC-IT Rakesh Shantilal Mardia Vs DCIT (Dated: September 13, 2012) Income tax - Whether when the assessee earns interest income as the difference between the purchase price of debenture and redemption price, such income is required to be taxed on accrural basis in the year of allotment or spread-over basis. 2012-TIOL-76-SC-IT CIT Vs P R Ganapathy (Dated: September 12, 2012) Income tax - Sec 68 - Whether when the Revenue questions the financial capacity of the NRI donors to make gift, onus is on the assessee to prove the same. 2012-TIOL-75-SC-IT CIT Vs Amtrex Appliances Ltd (Dated: September 11, 2012) Income tax - Sections 35AB, 37 - Whether payment made for imported technical knowhow is revenue expenditure u/s 37.

2012-TIOL-74-SC-IT M/s Sundaram Finance Ltd Vs ACIT (Dated: September 11, 2012) Income Tax - Section 28 - 'contingent deposit' - 'Imprest' - 'Legal character' - 'substance over form' - 'principle of mutuality' - Whether while deciding the taxability of a receipt, the legal character of a transaction need not be reckoned with - Whether when the assessee collects certain sums from its customers as contingent deposit against some future tax liability but fails to keep that sum in a separate interestbearing bank account, such deposits counted as part of the turnover is to be treated as taxable income - Whether substance of a transaction should prevail over the form. 2012-TIOL-73-SC-IT M/s Drilcos (India) Pvt Ltd Vs CIT (Dated: September 6, 2012) Income Tax - Sections 35AB, 37 - 'Licence and Technical Assistance Agreement' - Whether once Sec 35AB comes into play, then Sec 37 has no application for claiming deduction of expenditure incurred on transfer of technical knowhow - Whether the word 'knowhow' means any industrial information. 2012-TIOL-71-SC-IT Karanvir Singh Gossal Vs CIT (Dated: September 6, 2012) Income tax - Sections 234A, 234B, 234C - Whether assessee is entitled to waiver of interest u/s 234A, B & C in view of CBDT Notification No 400/234/95-IT(B) dated 23rd May, 1996, vesting such powers in CCITs and DGITs. 2012-TIOL-70-SC-IT M/s India Comnet International Vs ITO (Dated: September 6, 2012) Income tax - Sections 10A, 56 - Whether when assessee is engaged in the business of export of software, the interest income earned on Foreign Currency Deposits is to be assessed as 'income from other sources' u/s 56.

2012-TIOL-69-SC-IT CIT Vs Bongaigaon Refinery And Petrochemical Ltd (Dated: September 5, 2012) Income tax - Sections 80HH(5), 80I(7), 143(3), 263 - Whether when the assessee has three industrial undertakings eligible for Ss 80HH & 80I benefits, it is obligatory for the assessee to maintain unit-wise books for claiming the benefits. 2012-TIOL-68-SC-IT CIT Vs Ahmedabad Stamp Vendors Association (Dated: September 6, 2012) Income Tax - Section 194H - Whether when cash discount is offered on sale of stamps, such discount can be construed as commission and hence, attracts provisions of Sec 194H. 2012-TIOL-66-SC-IT ACIT Vs M/s Gebilal Kanhaialal HUF (Dated: September 4, 2012) Income tax - Sections 132(4), 139(1), 142(1)(ii), 271(1)(c) - Whether clause (2) of Explanation 5 to Sec 271(1)(c) prescribes any time limit within which assessee is required to deposit tax with interest. 2012-TIOL-65-SC-IT M/s Godwin Steels Pvt Ltd Vs CIT (Dated: September 7, 2012) Income tax Sections 245C, 245D - Settlement Commission passes the order accepting the contention of the assessee and without application of mind and also without appreciating the objections raised by the CIT - HC quashes the order for not following proper procedure. On appeal, the Supreme Court dismisses the petition of the assessee. 2012-TIOL-63-SC-IT M/s Vijay Granities Pvt Ltd Vs CIT (Dated: September 4, 2012)

Income Tax - Section 32A - Whether the process of mining and polishing of granites amounts to 'production' as per the provisions of Sec 32A. 2012-TIOL-62-SC-IT M/s Arisudana Spinning Mills Ltd Vs CIT (Dated: September 5, 2012) Income Tax - Sections 80IA, 143(1)(a), 143(2) - Manufacturing Activity - Whether when the assessee fails to maintain separate account for its manufacturing activity, it is not entitled to claim benefit of Sec 80IA. 2012-TIOL-61-SC-IT CIT Vs M/s Dynavision Ltd (Dated: August 30, 2012) Income Tax - Sections 143(3) - Whether non-inclusion of excise duty in the valuation of closing stock would lead to undervaluation. 2012-TIOL-60-SC-IT CIT, Delhi Vs M/s Gold Tex Furnishing Industries (Dated: August 30, 2012) Income Tax - Demand Notice - Question of Law - Whether the Apex Court can dismiss an appeal, leaving the question of law open, on the ground of vagueness. 2012-TIOL-59-SC-IT CIT, Kolkata Vs M/s Vasudhara Holdings Ltd (Dated: August 28, 2012) Income Tax - Section 56 - consent decree - takeover code - Letter of Offer - Whether compensation received as consent decree in a court case can be taxed as income from 'other sources'. 2012-TIOL-57-SC-IT ACIT, Mumbai Vs ICICI Securities Primary Dealership Ltd (Dated: August 22, 2012)

Income tax - Sec 147 - Whether reassessment can be initiated on the basis of change of opinion. 2012-TIOL-55-SC-IT CIT, Gujarat Vs Gujarat Flouro Chemicals (Dated: August 23, 2012) Income tax - Sections 195(1), 195A, 214, 219, 237, 243 & 244 - Constitution of India - Article 265 - Whether Revenue is liable to pay interest if the aggregate of instalments of advance tax and TDS paid exceeds the assessed tax. 2012-TIOL-54-SC-IT CIT, Mumbai Vs M/s ZEE Telefilms Ltd (Dated: August 22, 2012) Income tax - Sections 33B, 80HHC, 80IA - Whether the process of making a film amounts to manufacture or processing of goods as per the Explanation to Sec 33B - Whether assessee is entitled to claim Sec 80IA benefits on film-making. 2012-TIOL-53-SC-IT CIT, Kolkata Vs SMIFS Securities Ltd (Dated: August 22, 2012) Income tax - Sections 32(1), 36(1)(vii) - ''principle of ejusdem generis'' - depreciation - Whether goodwill is an asset as per Sec 32(1) - Whether goodwill is covered by the expression 'any other business or commercial right of a similar nature' in Explanation 3(b) to Sec 32. 2012-TIOL-43-SC-IT CIT Vs M/s Nalwa Sons Investment Ltd (Dated: May 4, 2012) Income Tax Sections 80HHC, 115JB, 271(1)(c) Whether penalty can be imposed even in case of debatable additions - held, Revenue's petition dismissed.

2012-TIOL-42-SC-IT Addl.CIT Vs M/s Tulip Star Hotels Ltd (Dated: April 30, 2012) Income Tax - Sections 36(1)(iii), 57(iii) Whether the Assessee is entitled to deduction of interest on borrowed funds which were utilized by the assessee to subscribe to the equity capital of the subsidiary, which in turn used the said funds for the purpose of business. 2012-TIOL-26-SC-IT CIT Vs M/s Virgo Marketing Pvt Ltd (Dated: January 6, 2012) Income tax - Sec 260A - HC dismisses Revenue's appeal on the ground of tax effect being less than the monetary limit fixed by the Board - Held, in view of the Para 11 of the Instruction No 3 of 2011, Revenue directed to move the HC for review within four weeks. 2012-TIOL-16-SC-IT-LB Catholic Syrian Bank Ltd Vs CIT, Thrissur (Dated: February 17, 2012) Income Tax - Sections 36(1)(vii), 36(1)(viia), 36(2), 36(2)(v) - Whether a bank is eligible to claim a deduction for bad debts u/s 36(1)(vii) in respect of its (rural & urban) advances and also claim a provision for bad and doubtful debts u/s 36(1)( viia ) in respect of its rural advances: Whether findings recorded in the earlier assessment years 1991-1992 to 1993-1994 binding on the Department for subsequent years as well. 2012-TIOL-13-SC-IT-LB M/s ACG Associated Capsules Pvt Ltd Vs CIT, Mumbai (Dated: February 8, 2012 ) Income tax - Sections 28(iiid), 44D, 80HHC - Whether while arriving at the profit of the business, ninety per cent of the gross interest and gross rent are to be excluded before allowing deduction u/s 80HHC - Whether when the wording of the law is clear and unambiguous, relying on the Explanatory Memorandum of the Finance Bill will be superfluous.

2012-TIOL-12-SC-IT-LB Vikas Kalra Vs CIT, New Delhi (Dated: February 8, 2012 ) Income tax - Sections 28(iiib) & (iiid), 80HHC - Whether entire sale consideration of DEPB is to be treated as profit for tax purposes or only the figure which is to be arrived at after deducting the face value of the DEPB from the sale consideration. 2012-TIOL-11-SC-IT-LB M/s Topman Exports Vs CIT, Mumbai (Dated: February 8, 2012 ) Income Tax - Sections 28(iiia), 28(iiib), 28(iiid), 80HHC - DEPB is "cash assistance" receivable by a person against exports under the scheme of the Government of India and falls under clause (iiib) of Section 28 and is chargeable to income tax under the head "Profits and Gains of Business or Profession" even before it is transferred by the assessee - Supreme Court 2012-TIOL-10-SC-IT-LB UoI Vs Vijay Silk House (Bangalore) Ltd (Dated: February 3, 2012) Income Tax Validity of Section 80HHC All cases transferred to Gujarat High Court: looking to the large number of matters pending in various High Courts and since the question relates to vires, it would be more convenient and beneficial if all the matters are decided by one High Court in the Country. Maximum number of matters are pending in the High Court of Gujarat. Consequently, it is directed that all the matters which have been filed/transferred to this Court be sent to the High Court of Gujarat. 2012-TIOL-09-SC-IT-LB AL- Kabeer Exports Limited Vs CIT, Mumbai (Dated: February 3, 2012) Income tax - Sections 80HHC, 80HHE, 115JA - deduction claimed by the assessee under Section 80HHE has to be worked out on the basis of adjusted book profit under Section 115JA and not on the basis of the profits computed under regular provisions of law applicable to computation of profits and gains of business.