Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Judgments and Orders

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 |   4217 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 |   1827 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 |   1255 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 |   1444 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 |   1417 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 |   1244 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 |   1326 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 |   1334 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 |   2636 hits

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 |   2418 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 |   3386 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 |   5126 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 |   2267 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 |   2093 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 |   2107 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 |   4771 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 |   2278 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 |   3905 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 |   2194 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 |   3543 hits