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Lawyersclubindia Judiciary

As per sec 251 of the Act CIT has no power to set aside any matter to the file of AO for fresh verification without considering additional evidence

 25 February 2012

In the facts and in the circumstance of the case, the Ld.CIT(APPEAL) erred in bifurcating the interest free advance of Rs. 2.43 crores granted to M/s. Tarajyot Polymers Pvt. Ltd. partly as business advance for the part of the year and partly as non-b..

Posted in Taxation |   1242 hits

If difference in the sale and purchase is properly explained than AO cannot make any addition by their own

 24 February 2012

The assessee is engaged in the business of trading in chemicals. The sales shown in the Profit & Loss Accounts were Rs. 3,15,85,478/- and against that purchases were shown as Rs. ,93,31,117/- on which gross profit of Rs. 7.95% was declared. The asse..

Posted in Taxation |   985 hits

As per sec 28(2) bad debt written off as irrecoverable is allowed but in case of Bank deduction is allowed only to the extent exceeds the credit balance

 24 February 2012

The appeal by the Revenue was filed on 17.12.2008 and the appeal by the assessee was filed on 27.11.2008. The assessee is a public sector undertaking and, therefore, as per the decision of Hon'ble Supreme Court in the case of ONGC Vs CCE [1995] Suppl..

Posted in Taxation |   1270 hits

Disallowance made by the AO under sec 40(a)(ia) on the fees paid to professional service

 24 February 2012

These rather elaborate grounds of appeal attempt to highlight the factual matrix in which the assessee’s grievance is set out and the arguments in support of the assessee’s grievance. However, short grievance of the assessee, as is clearly discernibl..

Posted in Taxation |   1587 hits

Penalty under sec 271 cannot be imposed if payment of tax with interest made within the time limit of notice of demand under sec 156 before the penalty proceeding concluded

 24 February 2012

We find that under the scheme of Section 271 AAA, there is a complete paradigm shift so far as penalty in respect of unaccounted income unearthed as a result of search operation carried out on or after 1st June 2007 is concerned. Unlike in the case o..

Posted in Taxation |   1713 hits

Advance receipt for providing any facility cannot be consider as income and in the absence of Income from property sec 28 is not applicable

 22 February 2012

It was observed that certain advances were received by the assessee from the intending buyers in terms of agreement dated 30.01.1999 for providing electrical connection and fire fighting equipments. These advances were not considered to be receipts i..

Posted in Taxation |   909 hits

In assessment under sec 143(3) difference with books of account should properly explained or addition can be made and interest under sec 234B can be charged.

 22 February 2012

It was observed that the balance in the shares account is Rs.23,52,580/- whereas as per books of account and as per trial balance it is Rs.22,93,130/- and assessee has failed to explain the difference or substantiate his plea that there is no differe..

Posted in Taxation |   933 hits

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 |   1103 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 |   1006 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 |   862 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 |   1246 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 |   1050 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 |   1205 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 |   1560 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 |   1025 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 |   941 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 |   1187 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 |   1197 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 |   1120 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 |   1240 hits







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