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Lawyersclubindia Judiciary

If asseesee taking part in assessment without issuing notice under sec 143(2) it cannot amount illegality but order passed without giving opportunity is void

 13 March 2012

I have carefully considered the various arguments raised by the appellant and also the material brought on record by the Assessing Officer. On the issue of notice u/s. 143(2), I have called for and examined the case records of the Assessing Officer. ..

Posted in Taxation |   1028 hits

If notice under sec 148 is issued in the absence of any failure on the part of assessee than the notice and subsequent proceedings liable to be struck down

 13 March 2012

Adverting first to ground no.1 in the appeal, facts, in brief, as per relevant orders are that return filed on 31.03.2002 by the assessee, a financial services company, was selected for scrutiny with the service of a notice u/s 143(2) of the Income-t..

Posted in Taxation |   1136 hits

As per SC decision reassessment under sec 147 is to be valid only in the presence of material enable the AO to formed the decision that there is escape assessment

 12 March 2012

The assessee is a private limited company engaged in the business of providing professional services and trading of shares. The return of income for the year under consideration was filed on 31.10.2001 declaring net income of Rs.13,833/-. The reasses..

Posted in Taxation |   1592 hits

Sec 145A said for valuation of inventory method to be adopted is the method of regularly used by the assessee but as per AS 2 changes can be adopted if only statute permit

 12 March 2012

On the observation we find the following fact... The assessee company is engaged in the business of manufacture and sale of writing instruments. During the relevant assessment year, the assessee has changed the method of valuation of stock. Due to t..

Posted in Taxation |   6275 hits

As per Rule 46A of IT power of CIT to admit additional evidence not only in situation where not produced to lower authority due to lack of opportunity but also in fresh case to dispose the appeal

 12 March 2012

We have heard both the parties and gone through the facts of the case. Indisputably, the ld. CIT(A) considered additional material in relation to two comparables and that of the assessee, which was not available before the TPO/AO. Apparently, the ld...

Posted in Taxation |   1529 hits

If the appellant fail to prepare paper books so as to enable hearing than the Court is not bound to answer the reference

 10 March 2012

This case was listed for hearing before the Tribunal on 28-2-2012 and for this assessee was informed. Today i.e. on 28-2-2012 when the case was called on board, none appeared on behalf of the assessee nor any request for adjournment has been filed be..

Posted in Taxation |   1360 hits

As per sec 12AA (3) if Commissioner is satisfied that activities of trust are not genuine can pass order for cancellation of registration only after giving reasonable opportunity

 10 March 2012

Before we part with this order, it may be mentioned that according to the provisions of sub-section (3) to Section 12AA, even after grant of registration, if the Commissioner is satisfied that the activities of such trust or institution are not genui..

Posted in Taxation |   1697 hits

In case of any substantial increase in the regular expenditure details of that increase mount must be shown otherwise expenditure will be disallowed

 10 March 2012

The facts of the case are that the assessee company is engaged in establishing, developing and running hotels, holidays and health resorts. During the year under consideration, it had incurred expenditure on account of horticulture to the tune of Rs...

Posted in Taxation |   924 hits

Interest can be charged under sec 234B where required and power to reduced or waive is only vested under sec 119 of CBDT

 06 March 2012

I have considered the facts of the case and the submissions of the appellant. I have also perused the case laws as relied upon by the appellant. Before considering the appellant’s submission, it is important to look about the operative part of the di..

Posted in Taxation |   1906 hits

Penalty cannot be imposed on the basis of estimation of net profit

 06 March 2012

Vide a penalty order u/s 271(1)(c) dated 27-03-2009, it was held that the assessee has concealed the income of Rs.8,16,617/- which was taxed on account of estimation of profit. The First Appellate Authority has expressed that since the addition was i..

Posted in Taxation |   1194 hits

Once the income taxed in the hands of the firm that should not be taxed in the hands of the assessee and expenses incurred for betterment for title of the property is allowable

 06 March 2012

Briefly stated the assessee is a Partner in the firm M/s Balachandra Laboratories. The firm had property at Thane on which development rights were transferred to M/s Friends Development Corporation (FDC) for an amount of Rs.17.00 crores. The said fir..

Posted in Taxation |   1203 hits

Expenditure cannot be disallowed on the submission of proper vouchers and books for the expenses

 05 March 2012

Briefly stated facts of the case are that the assessee company is engaged in the business as builders, building contractors, labour contractors, property developers etc. The return was filed declaring total income at Rs.4,71,330/- on 30.10.2006, whic..

Posted in Taxation |   1032 hits

In case of gift the identity and creditworthiness of the donor and genuineness of the transaction must be proved and in additional evidence CIT must verified that before taking any decision

 05 March 2012

The facts, in brief, are that the assessee who is a Joint Managing Director in M/s Ashapura Shipping Ltd. had received a gift of Rs. 55,00,000/- from Mr. Nilesh shah during the year under consideration. On being asked by the AO to furnish the detail..

Posted in Taxation |   1196 hits

In the presence of reasonable cause assessee can be consider to send back the matter to the file of AO

 05 March 2012

Briefly stated facts of the case are that the assessee is an individual carrying on business of civil constructions and commission on sale of flats and miscellaneous income. She filed return declaring a total income of Rs.2,02,357/-. However, the ass..

Posted in Taxation |   1095 hits

Loss incurred in share trading in F & O segment cannot be consider as speculative under sec 43(5) and all the decision of the authority should be based on proper reason

 03 March 2012

On the facts and circumstances of the case, the learned CIT(A) has erred in deleting the addition of``3,11,85,809/- on account of disallowance of loss on trading of shares as not an allowable expenditure u/s 37(1) in view of violation of clause 11 me..

Posted in Taxation |   958 hits

Once the AO taken a view after conducting enquiry than CIT cannot take different view under sec 263

 03 March 2012

The facts in the case before Hon’ble High Court (supra) are identical to the facts in hand because the assessment order was passed by the AO as per the discussion with CIT and as per the office note dt. 28/12/2006 then the subsequent CIT cannot revis..

Posted in Taxation |   1007 hits

Unless there is findings that investment not related to business and not utilized for business disallowance under sec 36(1)(iii) cannot raise

 03 March 2012

On this issue assessee contended in the ground that the Assessing Officer has erred in reopening the assessment mainly to disallow under section 14A of the Income Tax Act and took shelter under section 36(1)(iii) to avoid provisions of Section 14A wh..

Posted in Taxation |   923 hits

In case of appeal for stay of collection of demand the assessee have to give surety to the AO for the outstanding amount

 02 March 2012

We have heard the learned D.R. in this regard and carefully perused the record. Having regard to the circumstances of the case we are of the view that the balance of convenience is in granting conditional stay. As declared in the open court, assessee..

Posted in Taxation |   1190 hits

Chargeability of waiver of loan depends upon the purpose of the loan taken if for trading purpose than chargeable and if for acquiring capital asset than not chargeable

 02 March 2012

Briefly stated facts of the case are that the assessee company is engaged in the business of manufacturing of PVC sheets, Leathercloth, Flooring Materials and Trading in commodity, filed return declaring loss of Rs.4,79,89,263/-. During the course of..

Posted in Taxation |   1550 hits

In case of investment accrued interest is liable to taxed and in case of addition by AO the addition cannot be made on estimate basis

 02 March 2012

As regards first issue, Assessing Officer made addition of Rs.2,20,000 on account of accrued interest by IVP’s. The Assessing Officer has held that investment in the asset was the income of the assessee and therefore, interest income accrued thereon ..

Posted in Taxation |   909 hits