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Judgments and Orders

Rule 19(2) apply in the absence of prosecution

 24 January 2013

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..

Posted in Taxation |   4593 hits

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

 23 January 2013

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..

Posted in Taxation |   3849 hits

Mobilization advance offered for Tax by acceptable method is enough

 19 January 2013

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 ..

Posted in Taxation |   7601 hits

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

 03 January 2013

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..

Posted in Taxation |   7599 hits

Order passed in violation of section 250 cannot be sustained

 02 January 2013

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..

Posted in Taxation |   4128 hits

TDS on payment to transporter on hired buses

 30 November 2012

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..

Posted in Taxation |   8050 hits

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

 30 November 2012

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..

Posted in Taxation |   3810 hits

Whether foreign traveling expenses is exempted under section 10B

 29 November 2012

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..

Posted in Taxation |   4210 hits

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

 29 November 2012

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..

Posted in Taxation |   4909 hits

Unauthorized occupants of premises after termination of tenancy by notice

 28 November 2012

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 ..

Posted in Civil Law 3 comments |   6871 hits

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

 28 November 2012

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

Posted in Taxation |   3708 hits

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

 28 November 2012

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..

Posted in Taxation |   1943 hits

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

 27 November 2012

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..

Posted in Taxation |   4542 hits

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

 27 November 2012

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..

Posted in Taxation |   1829 hits

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

 26 November 2012

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..

Posted in Taxation |   2308 hits

Treatment of income from house property of director

 26 November 2012

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..

Posted in Taxation |   1579 hits

Claim made through invalid revised return can also be considered

 24 November 2012

The appellant has raised following grounds of appeal:- (1) “The learned CIT(A) has grossly erred on the facts of the case and in law upholding disallowance of actual incurred expenditure of Rs.3,20,514/- being the management fee paid to ICICI Prud..

Posted in Taxation |   1786 hits

The Court is not bound to answer in the negligence of appellant

 24 November 2012

This case was listed for hearing before the Tribunal on 15-10-2012 and for this assessee was informed. Today i.e. on 15-10-2012 when the case was called on board, none appeared on behalf of the assessee nor any request for adjournment has been filed ..

Posted in Taxation |   1535 hits

Application for seeking direction after passing order

 23 November 2012

These are the applications for seeking certain directions in view of the subsequent developments after the order passed on 5.7.2012. We have heard Mr. C.A. Sundaram, learned senior counsel for the petitioners and Mr. Mukul Rohtagi and Mr. Jaideep..

Posted in Civil Law |   2418 hits

Amendment in section 194H by insertion of provision 3 is not applicable retrospectively

 23 November 2012

The present case is identical and similar to the issue decided by COD’s and the amendment made through the Finance Act, 2007 wherein it has been provided that tax shall not be deducted on payments of commission or brokerage payable by Bharat Sanchar ..

Posted in Taxation |   1756 hits