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Validity of order passed by majority as per section 255(4) of IT


The assessee company is engaged in the business of operation and management of hotels owned by third parties. The assessee has taken over the management of the hotel property, viz. Tulip Star Mumbai, situated at Juhu Tara Road, Juhu, Mumbai. The asse ...



Category: Taxation | on 16 November 2012 | 336 hits | More



Is transfer constituted application of income under Section 11(1)(a) of 1961 Act subject to condition


Whether amounts transferred by the assessee to Mandi Parishad would constitute application of income for charitable purposes within the meaning of Section 11(1)(a) of the Income Tax Act, 1961?” ...



Category: Taxation | on 15 November 2012 | 358 hits | More



Transaction between the assessee and the director cannot be covered by section 269T


Briefly stated the facts of the case giving rise to this appeal are that the assessee filed a return declaring loss of Rs.3,95,706/- and his assessment was finalized u/s 143(3) of the Act at an income of Rs.3,84,698. During the assessment, the AO obs ...



Category: Taxation | on 15 November 2012 | 545 hits | More



Penalty cannot be imposed under section 271 on debatable issue


The relevant facts of the case giving rise to these appeals are as follows. The assessee is a private limited company which filed its return of income for A.Y. 1981-82, 82-83 and 83-84 on 30.6.1981, 30.6.1982 and 10.8.1983 respectively. On the basis ...



Category: Taxation | on 12 November 2012 | 616 hits | More



Section 32 applied only on capital expenditure not on revenue for any reason


That the Ld. Commissioner of Income Tax (A) erred on facts and in law in confirming the disallowance of ` 30,07,454/- made by the Assessing Officer in respect of expenditure on repairs and maintenance of building incurred by the appellant, holding th ...



Category: Taxation | on 12 November 2012 | 505 hits | More



Stock converted to investment to evade tax cannot be considered as valid conversion


The brief facts of the case are that the assessee is a private limited company and it has filed return of income on 31.10.2005. The case of the assessee was selected for scrutiny. During assessment proceedings, the Assessing Officer found that assess ...



Category: Taxation | on 10 November 2012 | 469 hits | More



Appeal disposed on merit without speaking order cannot be sustained


We find that CIT(A) has passed a non-speaking order by following the decision of ITAT in the case of Multiplan India (Pvt.) Ltd. (supra). We are of the view that where appeal has been disposed of even though on merits without a speaking order, the or ...



Category: Taxation | on 10 November 2012 | 714 hits | More



Assessee is allowed to withdraw before any decision made


At the time of hearing, ld A.R. submitted that assessee be allowed to withdraw his appeal. Learned D.R submitted that he has no objection to accept the prayer of ld A.R. In view of submissions of ld representatives of parties, we accept assessee’s pr ...



Category: Taxation | on 09 November 2012 | 433 hits | More



Without supporting indexation benefit cannot be denied by AO


On the facts and in the circumstances of the case and in law, the ld CIT(A) erred in deleting the addition made on account of rejection of indexed cost without appreciating the facts that the assessee has not produced any evidence for acquisition cos ...



Category: Taxation | on 09 November 2012 | 472 hits | More



Payment received through banking channels is enough to find out the source and reason


In this case return of income declaring total income of ` 108107/- was filed on 31.10.1993 after claiming deduction of ` 3,08,43,785/- u/s. 80HHC of the Act. Original assessment in this case was completed u/s. 143(3) on 29.3.1996. At the time of orig ...



Category: Taxation | on 08 November 2012 | 567 hits | More











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