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Judgments and Orders

Tariff Entry 8529 of the Central Excise Tariff contained in the First Schedule to the Central Excise Tariff Act,1985 / Television Receivers under Tariff Entry 8528 of the Tariff

 10 October 2012

Facts - The appellant is a manufacturer of various components of television sets. The components are manufactured at its factory at Delhi. - The appellant was issued a show-cause notice dated 21.3.1990 by the Assistant Collector, New Delhi, where..

Posted in Civil Law |   2358 hits

Action taken u/s 147 of the Income Tax Act, is there being no escapement of any income, conditions of section 147 were not fulfilled

 06 October 2012

The brief facts of the case are that the assessee is a company which filed return on 22.10.2003 and the return was processed u/s 143(1) of the Act on 12.1.2004. The case of the assessee was reopened u/s 147 and notice 148 of the Act was issued to the..

Posted in Others |   3352 hits

Issue of Jurisdictional High Court in the case of Godrej Boyce Mfg. Co. Ltd - Applicability of rule 8D

 05 October 2012

Facts: The department has filed this appeal for assessment year 2007-08 against order dated 2.11.2010 of ld CIT(A)-1, Mumbai. None appeared on behalf of assessee in spite of notice served through ld D.R. as per the report of the Assessing Officer..

Posted in Corporate Law |   5036 hits

Absence of prosecution may without reasonable cause deserve the appeal to be dismissed

 01 October 2012

Assessee was informed that matter will be heard on 17.09.2012. But, no one appeared on behalf of assessee. Nor there is any application for adjournment. In view of above, it appears that assessee is not interested in prosecuting this appeal. Hence th..

Posted in Taxation |   2239 hits

Expenses on exempted income

 01 October 2012

We have heard the rival submissions and perused the orders of lower authorities. We find that during the year under consideration, the assessee has received dividend income amounting to Rs. 6,59,174/-. We find that the AO has applied provisions of Se..

Posted in Taxation |   2062 hits

No provision in Section 219 prior to the amendment application address to any one cannot entertained any further application by same person

 29 September 2012

On May 4, 1992 Naib Tehsildar, Bithoor, Kanpur Nagar, allowed the application for mutation made by the appellant. Aggrieved by the order of the Naib Tehsildar, the present respondents preferred appeal under Section 210 of Uttar Pradesh Land Revenue A..

Posted in Civil Law |   2071 hits

Estimated addition without any basis cannot be sustained

 29 September 2012

The grounds raised read as under:- “1. On the facts and circumstances of the case, the order passed by the Ld. Commissioner of Income Tax (A) is bad both in the eye of law and on facts. 2(i) On the facts and circumstances of the case, the Ld. Comm..

Posted in Taxation |   4742 hits

No concept of deferred revenue expenditure under the Income Tax Act and integral part of the computer entitled to depreciation at 60%

 29 September 2012

The grounds raised read as under:- “1. Whether the Ld. Commissioner of Income Tax (A) was correct on facts and circumstances of the case and in law in deleting the disallowance of ` 8,76,435/- made by the Assessing Officer on account of advertise..

Posted in Taxation |   2249 hits

The right of the accused with regard to disclosure of documents

 29 September 2012

Two orders of the High Court of Karnataka dated 16th April, 2012 and 28th May, 2012 upholding the rejection of two separate applications made by the appellant herein for certified copies or in the alternative for inspection of certain unmarked and ..

Posted in Criminal Law |   3784 hits

Failure to pay loan due to natural calamities

 28 September 2012

Jurisdiction of this Court is invoked by a Gramin Bank on an issue on which no question of law arises for consideration. Facts are as follows: Smt. Khazani, the first respondent had availed of a loan from the appellant bank to purchase a buffalo a..

Posted in Civil Law 4 comments |   2148 hits

Penalty u/s. 271(1)(c) cannot be levied where the tax as per regular Income tax proceedings is nil and tax is payable only as per MAT

 28 September 2012

The facts at the assessment stage show that the assessee declared total loss of Rs. 1,96,610/- for the year under consideration. The assessee has also claimed exemption u/s. 10A of the Act at Rs. 96,02,867/-. The returned income was assessed at a los..

Posted in Taxation 2 comments |   3499 hits

PF contribution paid before the due date of filling return under section 139(1) is admissible

 28 September 2012

Facts, in brief, as relevant orders are that e-return declaring income of `1,50,37,034/- filed on 30th November, 2008 by the assessee, providing management services for large buildings, hospitals, factories etc., was selected for scrutiny with the se..

Posted in Taxation |   2170 hits

Jurisdiction of the court limited only where part of cause of action taken place

 27 September 2012

The plaintiff belongs to the “Times Group” which started 7 decades ago with the business of publishing news papers, journals, magazines and books. The plaintiff has also entered the field of e-commerce and the primary business is to provide the money..

Posted in Civil Law 1 comments |   4972 hits

UPS is an integral part of computer so depreciation should be charged accordingly

 27 September 2012

The facts concerning the only issue in dispute are that the assessee company is engaged in the business of pneumatic conveying systems. The company is located at Ambarnath, beyond Kalyan wherein there is frequent power failures making it impossible t..

Posted in Taxation |   4526 hits

Appeal can be treat as un-admitted for want of prosecution by the appellant

 27 September 2012

Notice of hearing was duly served upon the assessee vide RPAD on record along with the memo of defect. As the Bench did not function, the case was adjourned to 25.6.2012 and thereafter to 4.9.2012 for which both the parties were informed through noti..

Posted in Taxation |   1407 hits

Nexus between exempted income and expenses on that income must be established to disallow

 26 September 2012

On facts and in the circumstances of the case and in law, the learned CIT (A) has erred in upholding the disallowance of `.2,073,610/-, being 25% of the dividend income, made by the AO under section 14A of the Act, without establishing any real nexus..

Posted in Taxation |   1394 hits

Once registration is granted, it is for the AO while framing assessment to consider the other provisions of the Act

 26 September 2012

At the outset, it is to be mentioned that none present from the assessee side but after going through the order of DIT(E), Kolkata it is noticed that the DIT(E), Kolkata has granted registration u/s. 12AA of the Income-tax Act, 1961 (hereinafter refe..

Posted in Taxation |   1221 hits

Court does not sit in appeal over the award of an Arbitral Tribunal by reassessing and re-appreciating the evidence

 25 September 2012

OIL issued Notice Inviting Tender (‘NIT’) dated 19th July 1993 for setting of four Offshore Exploratory Oil/Gas Wells, three Wells at Saurashtra Offshore of the West Coast of Gujarat and one Well in NEC, Offshore of Orissa (drilled with self-propelle..

Posted in Civil Law |   2019 hits

Power of state govt. to grant exemption from CST subject to fulfill the condition under section 8(4) should not contrary to section 8(5)

 25 September 2012

By the aforesaid three trade circulars, the Commissioner has informed the trade that under Section 8(5) of the Central Sales Tax Act, 1956( 'CST Act' for short) as amended by Finance Act 2002 with effect from 11th May 2002, the State Governments are ..

Posted in Taxation |   1688 hits

Arms length price for subsidiary company of a foreign based company established for supporting marketing for holding company

 25 September 2012

The facts in brief: The assessee M/sVerizon (India) P.Ltd. is a wholly owned Subsidiary of MCI WorldCom Asia P.Ltd. (hereinafter referred to as MCI), a Hongkong based Private Limited Company. The Holding Company MCI WorldCom Asia P.Ltd. is a preemine..

Posted in Taxation |   1899 hits