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Judgments and Orders

Order passed on merits without a speaking order cannot be sustained

 07 November 2012

Against ex parte dismissal of appeal: a) For that on the facts and circumstances of the case and in law, the Ld. CIT(A) erred in dismissing the appellant’s appeal for alleged non-pursuing of the appeal. b) For that on the facts and circumstance..

Posted in Taxation |   2002 hits

Impact of cash deposited in creditors account before payment

 06 November 2012

On the facts and in the circumstances of the case, Ld. Commissioner of Income Tax (A) has erred in deleting the addition of ` 1001500/- made u/s. 68 of Income Tax Act, 1961 especially when the identity and credit worthiness of the share applicants an..

Posted in Taxation |   1459 hits

IT Return, Bank Statement, PAN Card. B/S and P/l account of creditors is enough explain creditors

 06 November 2012

The brief facts of the above case are that while doing the scrutiny assessment the AO has added an amount of Rs.65,96,859/- under the head ‘unexplained loan creditors’ and Rs.2,44,256/- under the head interest paid on the above loan creditors by obse..

Posted in Taxation |   1760 hits

Penalty provisions u/s 271(1)(c) of the Act are not automatic provisions

 05 November 2012

Briefly stated, the facts giving rise to this appeal are that the assessee filed a return declaring an income of Rs.53,46,390 for AY 2003-04 which was processed u/s 143(1) of the Act. Subsequently, the case was selected for scrutiny and accordingly a..

Posted in Taxation |   3827 hits

Consequences of offence under section 395, 396 and 397 of IPC

 05 November 2012

This appeal is directed against the judgment of the High Court of Bombay Bench at Aurangabad dated 25.04.2007 by which the High Court dismissed the Criminal Appeal No.403 of 2005 and confirmed the conviction and sentence imposed on the appellant for ..

Posted in Criminal Law |   7406 hits

Treatment of investment on construction of house under section 69C of IT

 05 November 2012

On the facts and in the circumstances of the case, the Ld. Commissioner of Income Tax (A) has erred in deleting the addition of ` 15,12,750/- made by the Assessing Officer on account of unexplained investment on construction/ renovation of 1st floor ..

Posted in Taxation |   1517 hits

If appeal has legal backing cannot be dismissed

 03 November 2012

That on the facts and in the circumstances of the case and in law, the Ld. Commissioner of Income Tax (A) erred in confirming the penalty levied by the Assessing Officer on account of disallowance of maintenance expenses amounting to `7886/- and Depr..

Posted in Taxation |   1480 hits

Rate applicable on valuation of residential house

 03 November 2012

That the Learned Assessing Officer has wrongly applied the valuation of Residential House as made by District Valuation Officer which is based on material rates prescribed by CPWD. With a contractors margin of 10% on supplying / fixing/ providing of ..

Posted in Taxation |   1511 hits

In the absence of illegality in procedure adopted in appeal is allowed

 02 November 2012

We are, in these appeals, called upon to consider the question whether the Division Bench of the Orissa High Court was justified in directing Orissa State Financial Corporation (OSFC) and Industrial Promotion and Investment Corporation of Odisha Ltd...

Posted in Civil Law |   1874 hits

Rejection of application of renewal of exemption under section 80 cannot be made arbitrarily

 02 November 2012

The Learned Director of Income Tax - (Exemption) has passed the order of Rejection of Application of Renewal of Exemption u/s 80G (5) (vi) of the Income Tax Act, arbitrarily on erroneous facts and superfluous reasons without bringing out the relevant..

Posted in Taxation |   1600 hits

One more opportunity can be allowed to assessee in presence of number of cases pending against him

 02 November 2012

We have considered the prayer for adjournment and have also gone through the orders and the Affidavit filed by the appellant company, we find that even the revenue authorities are aware that the assessee and its directors are involved in a number of ..

Posted in Taxation |   1332 hits

Section 5 of Limitation act for condonation of delay in the presence of only sufficient cause

 02 November 2012

. The action of the learned DIT(E) rejecting grant of approval u/s 80-G of the Income-tax Act, 1961 by referring to object of general public utility and not considering the applicability object of medical relief is illegal, arbitrary, unwarranted, un..

Posted in Taxation |   4185 hits

Confirmations of creditors is mandatory for assessment proceedings

 02 November 2012

On the facts and circumstances of the case and in law, the CIT(A) erred in granting relief in respect of addition u/s 41(1) of Rs. 30,49,113/- on account of sundry creditors for which no confirmations were filed during the course of assessment procee..

Posted in Taxation |   1780 hits

Deduction u/s 10A of the Act on its profits from provision of ITES and CSD Services to overseas associated enterprises

 31 October 2012

The reference made by the Ld. A.O. to the Learned Additional Commissioner of Income Tax, TPO-I(I), New Delhi (hereinafter referred as ‘Ld. TPO’) suffers from jurisdictional error as the Ld. A.O. has not recorded any reason on the basis of which he re..

Posted in Taxation |   1224 hits

Allow ability of expenditure for Income tax assessment

 31 October 2012

The facts of the case of the appellant are very simple in the sense that the assessee firm has debited a total of Rs.8,21,885/- to its Profit & Loss a/c which are routine expenses like expenditure for income tax assessments, trade marks, and other le..

Posted in Taxation |   1418 hits

Provisions of s. 56(2)(v) applied only to gift n or after 1st Sept, 2004

 30 October 2012

The relevant facts giving rise to this appeal are that assessee received gift in the form of IMD of face value of US$ 1,50,000 from Mrs Hansa Agarwal, NRI, residing at Sharjah on 25.9.2005. Thereafter, the assessee prematurely encashed the said IMD o..

Posted in Taxation |   1384 hits

In the absence of objection assessee is allowed to withdraw his appeal

 30 October 2012

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..

Posted in Taxation |   1213 hits

Assessee can recall the order if prevented by sufficient cause for non appearance

 29 October 2012

This appeal was fixed for hearing on 5.9.2012 and the same was informed to the assessee at the address as mentioned by the assessee against Item No. 10 of Form 36. However, on the date of hearing when this appeal was called upon for hearing, no one a..

Posted in Taxation |   1298 hits

Importance of interest to prosecute appeal

 29 October 2012

Despite sending notice of hearing sufficiently in advance, neither assessee attended nor any adjournment request has been received. Thus, it is inferred that the assessee is not interested in prosecution of the present appeal..

Posted in Taxation |   1311 hits

Advance received from clients against the bookings of shops

 16 October 2012

Facts : The brief facts of the case are that the assessee is a private limited company and is engaged in the business as builder and developer. Return for the year under consideration was filed on 31.10.2007. The case of the assessee was selecte..

Posted in Others |   2604 hits