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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 | 1788 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 | 2415 hits | More



The notice not received back as unserved is enough to treat served and than non appearance cannot consider


Despite sending notice by the registered post AD sufficiently in advance, assessee did not appear nor any request for adjournment has been received. The notice has also not been received back unserved. Therefore, it is inferred that assessee is not i ...



Category: Taxation | on 29 November 2012 | 2926 hits | More



Unauthorized occupants of premises after termination of tenancy by notice


Impugned order of 31st May, 2011 upholds petitioner’s eviction from ground floor and mezzanine floor of premises No.12/90 at Cannaught Place, New Delhi (henceforth referred to as the ‘subject premises’). Respondent- a nationalized bank had purchased ...



Category: Civil Law | on 28 November 2012 | 3346 hits | More



Once the asset merges in block of assets is entitled to get depreciation till the block of asset equals to zero or company is closed


Fact of the case is depreciation on block of asset. ...



Category: Taxation | on 28 November 2012 | 1356 hits | More



On the basis of personal indisposition principle of opportunity of being heard cannot be denied


In support of ground No. 3 the Ld. AR submitted that the counsel of the assessee had been appearing before the Ld. CIT(A) to cooperate with the first appellate authority and only on 15.3.2010 the counsel of the assessee could not appear before the Ld ...



Category: Taxation | on 28 November 2012 | 628 hits | More



Sending of submission of assessee to AO for remand report is enough to avoid contravention of rule 46A


During the year the assessee company had raised unsecured loans of ` 96,65,438/-, the source of which remains unverified in view of the facts that no details with regard to the same is available. Hence, the same are disallowed and added back to the i ...



Category: Taxation | on 27 November 2012 | 715 hits | More



Non-mention in order does not mean that submission not considered


In the present application, the assessee has contended that in the aforesaid order, a typographical mistake has crept in inasmuch as in para 10 of our said order, we have wrongly extracted the portion of para 3 of the CIT (A)’s order, taking it to be ...



Category: Taxation | on 27 November 2012 | 542 hits | More



Applicability of section 44AE is depend upon fulfillment of condition prescribed


the relevant facts as available from the concerned orders are that the assessee, during the year, was engaged in the business of plying of trucks/tankers to various oil companies and derived income from house property also. He declared income on nine ...



Category: Taxation | on 26 November 2012 | 608 hits | More



Treatment of income from house property of director


The brief facts about the case are that assessee is an individual and she filed her return of income for the Assessment Year 2007-08 declaring total income of Rs.1,66,425/-. The income consisted of salary income from Shashi International Pvt. Ltd. in ...



Category: Taxation | on 26 November 2012 | 370 hits | More











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