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Displaying Judiciary 20 - 30 of 3602 in 361 pages


Impact of RBI's master circular on willful defaulter


The facts very briefly are that the appellant-bank sanctioned Derivatives/Forward Contracts facility to respondent no.1 upto a limit of Rs.2,00,00,000/- (rupees two crores) only for the purpose of hedging foreign currency exposures by its letter date ...



Category: Business Law | on 22 April 2013 | 317 hits | More



Whether manufacturing of goods without brand name decline assessee to avail the benefit of S.S.I notification


Briefly stated, the material facts giving rise to the appeal, are as follows: Pursuant to an inspection by the officials of the enforcement Commissionerate, Chennai-II at the sales outlet of the respondent (hereinafter referred as “the assessee”), re ...



Category: Taxation | on 13 April 2013 | 428 hits | More



Rule 19(2) apply in the absence of prosecution


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 ...



Category: Taxation | on 24 January 2013 | 2671 hits | More



Amount recoverable given in advance cannot treat as income and depreciation can claim on all asset used for business


The revenue has questioned the first appellate order on the following grounds: “1. On the facts and circumstances of the case and in law, the ld. CIT (A) has erred in deleting the addition of Rs.21,63,393/- being the amount receivable from M/s Adk ...



Category: Taxation | on 23 January 2013 | 1675 hits | More



Mobilization advance offered for Tax by acceptable method is enough


Assessee company in this case is engaged in the business of manufacturing, designing and fabrication of aluminum and architectural products. In this case it was noted that the assessee has shown ` 3,87,74,848/- as mobilization advance under the head ...



Category: Taxation | on 19 January 2013 | 1484 hits | More



No disallowance under section 14A can be made if assessee has not incurred and claimed any expenditure on exempt income


Facts in brief:- The assessee is a Private Limited Company. It filed its return of income on 26.9.2009 declaring a loss of Rs.26,498/-. The assessee company had dividend income of Rs.41,82,220/-, which claimed as exempt under Section 10(34) of the In ...



Category: Taxation | on 03 January 2013 | 3530 hits | More



Order passed in violation of section 250 cannot be sustained


the facts and circumstances of the case and in law, the Ld. CIT(A) has grossly erred in rejecting the appeal filed by the appellant against the assessment order dated 23 December, 2009 by alleging non appearance of the appellant and assuming that the ...



Category: Taxation | on 02 January 2013 | 2127 hits | More



TDS on payment to transporter on hired buses


The brief facts of the case are that the assessee is a company engaged in the business of manufacture and trade in colour TVs, air-conditioners, refrigerators, microwave oven, washing machine, compressors, vacuum cleaners etc. It emerges out from the ...



Category: Taxation | on 30 November 2012 | 4596 hits | More



Opportunity to explain source after non responding to subsequent notices by AO


Facts, in brief, as per relevant orders are that return declaring income of ``1,12,277/- beside agricultural income of ``1,05,000/-,filed on 9th July, 2007 by the assessee, was selected for scrutiny with the service of a notice u/s 143(2) of the Inco ...



Category: Taxation | on 30 November 2012 | 1787 hits | More



Whether foreign traveling expenses is exempted under section 10B


The assessee has questioned first appellate order on several grounds involving two issues. Firstly as to whether the Ld. CIT(A) has erred in upholding the action of the AO in treating and apportioning the entire foreign traveling expenses of Rs. 19,4 ...



Category: Taxation | on 29 November 2012 | 2408 hits | More











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