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Once the matter was decided in a earlier appeal than new appeal cannot on the same subject be raised before the same appellate authority

 22 February 2012

When these facts were brought to the notice of the ld. counsel for the assessee, he fairly submitted that the second appeal could not have been filed against the same order when the first appeal had already been dismissed by the ld. CIT(Appeals). On ..

Posted in Taxation |   1110 hits

In Case issue involved is identical and facts are similar than the order can be setaside and restore the case in the file of the AO

 21 February 2012

At the time of hearing, the learned AR submitted that the assessee company has not received assessment order passed by the Assessing Officer u/s 148 r/w section 143(3) for the assessment year 2002-03 as stated by the Assessing Officer that the order ..

Posted in Taxation |   1010 hits

As per Rule 19(2) of ITAT Rule 1963 in the absence of proseqution appeal can be treated as unadmitted

 21 February 2012

Having regard to Rule 19(2) of ITAT Rules, 1963 and following various decisions of the Tribunal including in the case of CIT vs. Multiplan India (P) Ltd., reported in 38 ITD 320 (Del.) and the judgment of Hon’ble Madhya Pradesh High Court in the case..

Posted in Taxation |   866 hits

Provissio of sec 194C do not apply to the payment to CDLB

 20 February 2012

The issue in appeal lies in a very narrow compass of material facts. The assessee is engaged in the business of rendering stevedoring and CFS (container freight station) services. During the course of assessment proceedings, the Assessing Officer not..

Posted in Taxation |   1251 hits

As per Rule 19(2) non reply of notice of hearing may cause the aplleal to be treated as unadmitted

 18 February 2012

Despite sending defect memo and notice of hearing sufficiently in advance, assessee did not respond either to defect memo or notice of hearing. So, it is inferred that the assessee is not interested in prosecution of this appeal..

Posted in Taxation |   1054 hits

Standard of test applied before recording any findings regarding guilty is not exactly to be applied at the stage of deciding the matter under sec 227 and 228 of the code

 18 February 2012

The brief facts necessitating the present revision petition are that acting on intelligence that large quantity of ball bearing were being smuggled from Nepal into Delhi, the DRI kept surveillance in and around Delhi. On 04.08.1992, the DRI intercept..

Posted in Taxation |   1211 hits

International competitive bidding procedures for the supply and installation of Steam Generator package for captive coal-based Thermal Power Projects

 18 February 2012

Facts: Following international competitive bidding procedures, the Appellant had invited bids for the supply and installation of Steam Generator package for captive coal- based Thermal Power Projects in different areas. The bid of the Respondent No..

Posted in Civil Law |   1567 hits

If a trader purchase raw material and after process sale in wholsale market by himself than the profit will not consider as normal profit and liability of excise duty raise

 17 February 2012

These appeals under Section 35L(b) of the Central Excise Act, 1944 (for short “the Act”) are directed against a common final order, dated 2nd February 2005 in Appeal No. E/5261-62/04-NB(A), passed by the Customs Excise & Service Tax Appellate Tribuna..

Posted in Taxation |   1029 hits

Subsequently directly deal with the saler cannot rule out the role of Coordinator and coordinator also affected by the transaction under IT Act

 17 February 2012

The assessee company is engaged in the business of real estate. During this year it purchased some land in district Alwar (Rajasthan) through Shri Jagdish Beniwal, who used to coordinate in purchases between the assessee company and the sellers of th..

Posted in Taxation |   944 hits

As per sec 36(2) beddebt written off as irrecoverable is allowed if such debt taken into account in computing the income of the year in which debt is written off

 17 February 2012

On the facts and in the circumstances of the case, the CIT(A) erred in deleting the addition on account of Rs.23,00,894/- on account of short recoveries, despite the fact that the transacting parties continued to do business regularly. CIT(A) di..

Posted in Taxation |   1191 hits

If the decision is made by admitted additional evidence without fulfilling the condition than the decision is not tenable

 16 February 2012

The assessee claimed to be engaged in the business of agricultural activities in the name of Samak Farms & Nursery and held agricultural fields at various places in the districts of Ghaziabad and Gurgaon. In the return of income, assessee claimed agr..

Posted in Taxation |   1205 hits

If Rule 8D is not applicable than indirect expenses which is attributable on proper basis can only be disallowed

 16 February 2012

That on the facts and circumstances of the case and in law, the learned Commissioner of Income Tax (A) has erred in upholding the disallowance of interest and deemed expenses under section 14A of the Income-tax Act read with Rule 8D. That on the fact..

Posted in Taxation |   1126 hits

As per sec 178 of IT Act official liquidator is the concerned person in liquidation and sec 2(7) definie assessee is the person who deemed to be under any provision and can appeal under rule 47

 16 February 2012

At the time of hearing of the appeal on 30.01.2012, the Counsel for Shri P.K. Sharma, managing director of the assessee company was specifically asked to show the competence of managing director to file the present appeal when assessee company is alr..

Posted in Taxation |   1243 hits

As per sec 80 HHC assessee was entitled to deduction on export profit and the deduction cannot be denied

 15 February 2012

These are appeals by way of special leave under Article 136 of the Constitution against the judgment and orders of the Bombay High Court holding that the entire amount received by an assessee on sale of the Duty Entitlement Pass Book (for short ‘the ..

Posted in Taxation |   848 hits

Addition on which penalty levid under sec 271 can be restored to the file of the AO on reasonable cause

 15 February 2012

After considering the rival submissions we find that additions on which penalty has been levied u/s.271(1)© have been restored to the file of the AO by the Tribunal in I.T.A.No.6065/Mum/07 [copy of order filed on record]. Therefore, we are of the vie..

Posted in Taxation |   928 hits

Any sec of the IT Act 1961 cannot be applied before the date in which it came into existence

 15 February 2012

Facts in brief are that the AO during the assessment proceedings noticed that the assessee had earned dividend income of Rs.14,16,221/- which was exempt from tax but the assessee had not disallowed any expenses relating to said income. He, therefore,..

Posted in Taxation |   785 hits

Before rule 8D come into existence it is the duty of the AO to determine the expenditure related to exempted income not forming part of taxable income

 15 February 2012

The ld. Assessing Officer has resorted to Rule 8D while calculating the disallowance u/s 14A in respect of exempted dividend income of Rs. 1,27,16,222/- at a sum of Rs. 16,02,548/-. Aggrieved, the assessee filed an appeal before the CIT (A) where it..

Posted in Taxation |   1021 hits

Misdescription of a party in a suit will not be fatal to the maintainability of the suit.

 15 February 2012

It needs to be noted here that a legal entity — a natural person or an artificial person — can sue or be sued in his/its own name in a court of law or a tribunal. It is not merely a procedural there are special provisions in the Constitution and the..

Posted in Taxation |   1275 hits

While considering case of judicial officer it is not necessary to limit only tangible evidence only

 15 February 2012

The petitioner made several prayers, but, as of now, this petition is limited to the quashing of the ACR in respect of the petitioner for the year 2008, whereby the petitioner was graded as ‘B’. This would be evident from the order dated 06.07.2010 p..

Posted in Civil Law |   1255 hits

As per sec 80IB profit from commercial production or refining mineral oil is eligible for claim deduction

 15 February 2012

The assessee is an oil exploration company and is engaged in extraction and sale of crude oil from PY-3 Block in the Cauveri Offshore area. The assessee claimed that it was an industrial undertaking eligible for 100% deduction of its profits derived ..

Posted in Taxation |   1180 hits







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