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Taxation Judiciary

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Revised tax effect for appeal applies to all pending appeals


We draw the attention of the ld. DR regarding the tax effect on the deletion of addition of Rs.9,05,643/- which is less than Rs. 3.00 lakh. This position is admitted by the ld. D.R. Therefore, as per the Instruction No. 3/2011 dated 09.02.2011 the re ...



on 17 May 2013 | by Diganta Paul | More



Registration of trust under section 12A IT Act 1961


At the time of hearing before us, it was stated by the learned counsel that the DIT(Exemptions), vide his order dated 29th September, 2010, refused to register the trust. However, subsequently, the same DIT(Exemptions), vide order dated 6th April, 20 ...



on 16 May 2013 | by Diganta Paul | More



If the appeal has no effect on tax liability its liable to be dismissed


At the time of hearing before us, it was stated by the learned counsel that in both the years, despite huge additions, the assessed income is loss. That the set off of this loss has never been claimed in the subsequent years because in the subsequent ...



on 14 May 2013 | by Diganta Paul | More



Realisation of shares cannot be treated as commission


On the facts and in the circumstances of the case, the ld.CIT(A) has erred in deleting the addition of Rs.15,00,000/- made by the Assessing Officer u/s 68 of I.T.Act, 1961 in respect of unexplained cash credits without appreciating the fact that the ...



on 13 May 2013 | by Diganta Paul | More



Long term capital gain under section 50C of the Income Tax Act


That on the facts and in the circumstances of the case, the Assessing Officer had erred in invoking provision of section 50C of the I.T. Act thereby computing the long term capital gain at Rs. 74,15,381/-. The Ld. Commissioner of Income Tax (A) is al ...



on 11 May 2013 | by Diganta Paul | More



Absence without application for adjournment can treat the appeal dismisses


However at the time of hearing, no one was present on behalf of the assessee. The appeal was passed over twice. Despite the same, neither the assessee was present nor any request for adjournment has been placed before the Bench. The record shows that ...



on 10 May 2013 | by Diganta Paul | More



Intimation u/s 143(1) cannot be disturbed subject to the reason recorded by AO


Brief facts of the case are that assessee was running a proprietary business as whole seller at Nainital. It had filed its return of income declaring total income of Rs. 1,90,000/-. The Assessing Officer, vide order sheet entry dated 19th August, 200 ...



on 09 May 2013 | by Bijoy Paul | More



AO cannot make any addition without giving adequate opportunity to assessee


The assessee has raised various grounds in its appeal. However, at the time of hearing before us, the main contention of the learned counsel for the assessee was for setting aside the matter to the file of the Assessing Officer or the CIT(A). He subm ...



on 08 May 2013 | by Diganta Paul | More



Reopening of the assessment under Section 148


On the facts and circumstances of the case the ld.CIT(A) erred in deleting the addition of Rs.2,26,248/- made on account of jewellery by ignoring that no investment in jewellery was disclosed and no wealth tax return was filed. On the facts and circu ...



on 07 May 2013 | by Diganta Paul | More



If issue set aside by ITAT further appeal on same subject is deemed to be set aside subject to the condition


However, at the time of hearing before us, it was pointed out by the learned counsel that the learned CIT(A) had allowed only part relief and, therefore, against the addition sustained at `3,45,914/-, the assessee had filed appeal before the ITAT. Th ...



on 06 May 2013 | by Diganta Paul | More











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