If the loan taken by the company is already offered as income as trading receipt cannot be taxed again as undisclosed

 24 June 2013

Ground Nos.1 to 4 of the assessee’s appeal are against the reopening of assessment under Section 147 of the Income-tax Act, 1961. In the assessment order, the Assessing Officer has recorded that in this case, the original return furnished by the asse

Posted in Taxation |    0 comments |   866 hits


Addition cannot be made by ignoring the accounting procedure

 24 June 2013

The return of income was filed on 31.03.2008 declaring income at Rs.1,01,784/-. The assessment was finalized u/s 143(3) on 29.12.2009 by making an addition of Rs.12,84,516/- on account of bogus sundry creditors and Rs.48,540/- on account of concealed

Posted in Taxation |    0 comments |   930 hits


Applicability of Rule 19(2) of ITAT Rules, 1963

 21 June 2013

Non presense of the appellant without taking adjournment.

Posted in Taxation |    0 comments |   832 hits


Applicability of TDS provision on payment made for hiring buses

 20 June 2013

The CIT(A) has erred on facts and in the law in cancelling the order dated 14.6.2011 passed by the ACIT (TDS), Noida and in directing that provisions contained in sec. 194C is applicable on the payment made by M/s Container Corporation of India Ltd.

Posted in Taxation |    0 comments |   3113 hits


Computation of arm’s length price for royalty

 18 June 2013

That on the facts and circumstances of the case and in law, the ld.CIT(A) has erred in holding that the TPO was not justified in including other income with regard to computation of arm’s length price for royalty

Posted in Taxation |    0 comments |   1032 hits


As per explanation 3D inserted in Section 43B interest converted into loan shall not be deemed to have been actually paid

 18 June 2013

We have heard the arguments of both the sides and perused the material placed before us. The penalty has been levied in respect of the two disallowances made by the Assessing Officer under Section 43B:- (i) Disallowance of interest amounting to `7

Posted in Taxation |    0 comments |   1094 hits


Presence of reasonable cause for being unable to file the information is valid to allow appeal

 13 June 2013

This is an assessee’s appeal. The following norms are raised at the outset. Learned counsel for the assessee contends that assessee is a civil contractor, regularly assessed tax. During this year 18 creditors having calculated outstanding amount of R

Posted in Taxation |    0 comments |   802 hits


A party, at whose instance the reference is made, fails to appear at the hearing, the court is not bound to answer the reference

 12 June 2013

This is an appeal filed by the assessee against the order dated 02.09.2011 of CIT-XIII, New Delhi pertaining to 2006-07 assessment year. At the time of hearing no one was present on behalf of the assessee as such the appeal was passed over. In the se

Posted in Others |    0 comments |   902 hits


Power of Tribunal under Rule 19 of Appelllate Tribunal Rule 1963

 10 June 2013

The appeal was originally fixed for hearing on 10.9.2012 on which date assessee’s counsel took date and the case was adjourned to 17.1.2013. On 17.1.2013, again counsel of the assessee took adjournment and case was fixed for 22.5.2013 i.e. today. Nob

Posted in Taxation |    0 comments |   625 hits


Distinction between an action of the tribunal or an administrative authority which is without jurisdiction and an action which is under an error of law

 10 June 2013

The petitioners carry on business, inter alia, of manufacturing dye-stuffs and dye-intermediates. In the manufacture of dye-stuffs and dye-intermediates one of the raw materials used is a product known as "Naphthalene". The main commercial source of

Posted in Others |    0 comments |   934 hits


Non prosecution may cause dismissed the appeal

 08 June 2013

The appeal was originally fixed for hearing on 10.9.2012 on which date assessee’s counsel took date and the case was adjourned to 17.1.2013. On 17.1.2013, again counsel of the assessee took adjournment and case was fixed for 22.5.2013 i.e. today. Nob

Posted in Taxation |    0 comments |   1175 hits


Provision made after deducting TDS is allowed subject to the basis of making provision

 07 June 2013

In this case the assessee is a Company and is engaged in the business of manufacturing and selling of building materials. During the course of assessment Assessing Officer observed that it was noted from the details of commission on sales that there

Posted in Taxation |    0 comments |   833 hits


Whether Rule 8D has retrospective operation

 06 June 2013

The appellant is engaged in export of handicraft and shawl etc. and local sale of software. The assessee has income from business, capital gains and income from other sources during the AY 2008-09 and the same sources of income as were in earlier yea

Posted in Taxation |    0 comments |   783 hits


Deletion of addition made under section 68 of IT Act 1961 must accompanied by proper supporting

 05 June 2013

On the facts and circumstances of the case, the Ld. Commissioner of Income Tax (A) erred in deleting the addition of Rs. 45,00,000/- being unexplained cash credit u/s. 68 of the I.T. Act, 1961

Posted in Taxation |    0 comments |   1164 hits


Additional grounds and document not submitted before AO is allowed and remitted to file of AO for reconsideration

 04 June 2013

That on the facts and in the circumstances of the appellant company’s case the Ld. Commissioner of Income Tax (A) erred in law in upholding the order of DCIT, Circle 1(1), New Delhi in treating a sum of Rs. 36,00,000/- representing income from joint

Posted in Taxation |    0 comments |   561 hits


Applicability of the Provision of section 14A

 03 June 2013

That having regard to the facts and circumstances of the case ld.CIT(A) has erred in law and on facts in not giving full benefit of expenditure as claimed by the assessee and has further erred in directing to ld.AO to allow the expenditure only to th

Posted in Taxation |    0 comments |   720 hits


Power, authority and jurisdiction to proceed against the candidate

 01 June 2013

With the help of this writ petition, made under Article 226, the petitioner, who holds a caste certificate acknowledging him as a member of the Scheduled Caste, has sought to get set aside and quashed, inter alia, the Memorandum, dated 05.12.2005, is

Posted in Constitutional Law |    0 comments |   774 hits


On cancellation of dealership notified on the grounds of manipulated data, a fair procedure needs to be followed in accordance with principles of natural justice

 01 June 2013

(A)Principles of natural justice: When a cancellation of dealership is notified on the ground of manipulated date based on the objections by a third party, the fair procedure in accordance with principles of natural justice should be followed.

Posted in Constitutional Law |    0 comments |   662 hits


Removal of Sub lessee and validity of notice

 31 May 2013

(A) A lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument. (B) Since the lease was for a period exceeding one year, it could only have been

Posted in Others |    0 comments |   1093 hits


Any order that brings "Civil consequences" has to be made consistently with the principles of natural justice. (Landmark Judgement By SC)

 30 May 2013

The judgment in case of State of Orrissa vs. Binapani Dei is a hitorical judgment given by the supreme court. The Supreme Court for the first time said that any order that brings "Civil consequences" has to be made consistently with the principles of

Posted in Constitutional Law 7 comments |   2129 hits










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