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Deputy Commissioner Of Income Tax vs Finolex Pipes Ltd. on 30 November, 2005

In support of this argument, a decision of Tribunal, Delhi Bench, in the case of Munjal Showa Ltd. v. ITO (supra) was cited. In that appeal, as per contract agreement, the assessee company had received the licence to use the industrial property right for manufacture of shock absorbers and also technical documents and know-how relating to the process for manufacturing shock absorbers. The agreement was composite, however, the issue was in respect of technical know-how and services in connection with manufacture of shock absorbers. Assessee has sought drawings and designs of equipments in order to fabricate plant and machinery in India. The Japanese company has charged a consideration towards cost of supply of know-how and design, etc.
Income Tax Appellate Tribunal - Pune Cites 66 - Cited by 0 - Full Document

London Star Diamond Company (I) P.Ltd, ... vs Assessee on 30 August, 2013

9. Meaning of the expression "Commodity" used in section 43(5) of the Act: Further, elucidating the provisions of section 43(5) relating to the definition of ‗speculation transaction', Ld Counsel made various propositions stating that foreign 8 exchange contract is not a commodity and therefore, there is no provision in law to treat the impugned FCs as speculation transaction. He relied on the decision of the Tribunal in the case of M/s. Gill & Co. Ltd vs. JCIT vide ITA No.216/M/2002 (AY 1996-97), dated 21st February, 2003, Voltas International Ltd vs. ACIT vide ITA No.2931/M/2005 (AY 1996-97) dated 18.7.2008; and Munjal Showa Ltd. vs Deputy Commissioner Of Income Tax (2005) 94 TTJ Delhi 227, dated 26 June, 2003.
Income Tax Appellate Tribunal - Mumbai Cites 20 - Cited by 0 - Full Document

) Dow Agrosciences India Pvt. Ltd vs Commissioner Of Customs, Mumbai on 16 May, 2011

9.15 In the case of Munjal Showa Ltd. (supra), the High Court had dismissed the assessees appeal filed against the Tribunals order upholding the order of the Commissioner of Customs demanding duty with interest from the assessee. The Commissioner had held that the DEPB scrips used by the assessee (transferee of the scrips) for duty-free clearance of the goods imported by them were forged and hence ab initio void. The connected Transfer Release Advices (TRAs) were also found to be forged. The Commissioner had also held that the importer who claimed benefit on the basis of the forged DEPB scrips stood at par with the transferor and hence could not get the benefit.
Custom, Excise & Service Tax Tribunal Cites 60 - Cited by 2 - Full Document

Addl.Cit, Special Range-7, New Delhi vs Ptc India Financial Services Ltd., New ... on 21 December, 2023

Your Honour's attention is invited to favourable judgments (mentioned below) where, on similar set of facts, various courts have held the issue in favor of the Appellant • Hon'ble Delhi High Court in case of Munjal Showa Limited v Deputy Commissioner of Income tax (W.P. (c) 1707/2014 & cm no. 3569/2014) dated February 22, 2016 Hon ble Delhi Court decided the issue of loss arising on derivative contract on account of Mark to Market reinstatement in favour of assessee and held as under-
Income Tax Appellate Tribunal - Delhi Cites 23 - Cited by 0 - Full Document

Ptc India Financial Services Ltd, New ... vs Addl. Cit, Special Range- 7, New Delhi on 21 December, 2023

Your Honour's attention is invited to favourable judgments (mentioned below) where, on similar set of facts, various courts have held the issue in favor of the Appellant • Hon'ble Delhi High Court in case of Munjal Showa Limited v Deputy Commissioner of Income tax (W.P. (c) 1707/2014 & cm no. 3569/2014) dated February 22, 2016 Hon ble Delhi Court decided the issue of loss arising on derivative contract on account of Mark to Market reinstatement in favour of assessee and held as under-
Income Tax Appellate Tribunal - Delhi Cites 23 - Cited by 0 - Full Document

Ptc India Financial Services Ltd., New ... vs Addl.Cit, Special Range-7, New Delhi on 21 December, 2023

Your Honour's attention is invited to favourable judgments (mentioned below) where, on similar set of facts, various courts have held the issue in favor of the Appellant • Hon'ble Delhi High Court in case of Munjal Showa Limited v Deputy Commissioner of Income tax (W.P. (c) 1707/2014 & cm no. 3569/2014) dated February 22, 2016 Hon ble Delhi Court decided the issue of loss arising on derivative contract on account of Mark to Market reinstatement in favour of assessee and held as under-
Income Tax Appellate Tribunal - Delhi Cites 23 - Cited by 0 - Full Document
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