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Judgments and Orders

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 |   1244 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 |   2051 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 |   1712 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 |   1920 hits

Every Judicial authority must pass a reasoned order, which should reflect application of mind by the concerned authority

 24 September 2012

Fact of the case is cash sale and reply of notice by the assessee. ..

Posted in Taxation |   1419 hits

Treatment of compensation to reacquire the plot allotted to the customer

 24 September 2012

Adverting first to ground no.1 in the appeal, facts, in brief, as per relevant orders are that return declaring income of ``4,18,02,660/- filed on 31.03.2006 by the assessee, a real estate company, after being processed u/s 143(1) of the Income–tax A..

Posted in Taxation |   1123 hits

In the absence of insufficiency addition is rightly be deleted and late payment of tax is compensatory

 22 September 2012

Brief facts are the assessee is engaged in business of manufacturing and trading of perfumery compounds, aromatic chemicals & other oils. Survey operations were carried out in the case of M/s. Surya Vinayak Industries Ltd. (SVIL) and associated conce..

Posted in Taxation |   3660 hits

Notice under section 142 should be complied with the proper address of the assessee or it cannot be treating valid

 22 September 2012

It would be relevant to recount the facts of the case in brief. The assessee’s return of income for the year, filed on 30-11-2006 at a loss of Rs.226.07 lakhs, was selected for scrutiny, serving notice u/s. 143(2) of the Act. There being no response ..

Posted in Taxation |   1879 hits

Income from interest is taxable under income from other source and chargeable under section 194A

 21 September 2012

Brief facts are: Survey proceedings u/s 133Awere conducted by Income-tax department on 29-1-2004 in the office premises of Executive Engineer, Civil Construction Division-II, Dhalipur, Dehradun. It was found that vide Hon’ble Supreme Court order, a..

Posted in Taxation |   1726 hits

Penalty under section 271 can be imposed only on guilty of concealment and furnishing inaccurate particulars of income

 21 September 2012

Facts, in brief, as per relevant orders are that assessment in this case was completed u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as the Act) vide order dated 09.10.2009,determining income of ``4,45,81,010/- , in pursuance to ret..

Posted in Taxation |   5832 hits

Attempting to cheat the bank‟s customer liable to be dismissed from service

 19 September 2012

The relevant facts of the case are that the deceased workman was working as a clerk with the petitioner bank and during the relevant period he was posted at its G.B. Road Branch in Delhi. He was charge-sheeted on 20th December, 1996 on the following ..

Posted in Civil Law |   2268 hits

Rule 8D not applied unless there is proper nexus between borrowed fund and investment

 19 September 2012

This only issue in this appeal of assessee is against the order of CIT(A) in confirming the disallowance of interest expenditure by invoking the provisions of section 14A of the Act read with Rule 83(2)(ii) of the Income-tax Rules, 1962 (hereinafter ..

Posted in Taxation |   2012 hits

If any tax deducted in any year and paid after the expiry of period prescribe under section 200 is allowable

 19 September 2012

On the facts and in the circumstances of the case, the Commissioner of Income Tax (Appeals) has erred in allowing relief of Rs.12,23,979/- on account of allowable expenses under Section 40(a)(ia) ignoring the decision of the Hon’ble Supreme Court in ..

Posted in Taxation |   1269 hits

Penalty under section 271 cannot be imposed on debatable issues

 18 September 2012

The brief facts of the case are that vide assessment order dated 29.12.2009, passed u/s 143 (3) of the IT Act, the income of the assessee was assessed at nil after adjusting brought forward losses. The Assessing Officer observed that the assessee had..

Posted in Taxation |   2239 hits

If any evidence left to be consider matter to restore in the file of the authority below

 18 September 2012

Briefly stated the facts giving rise to this appeal are that the Draft Order u/s 144C of the Act dated 17.12.2009 was passed and served on the assessee. The assessee filed objection u/s 144C(2)(b) of the Act on 19.1.2010 before DRP-II against the sam..

Posted in Taxation |   1234 hits

Consequence of offence under section 120B read with section 302, IPC

 17 September 2012

These appeals have been preferred by the second accused. Though, in all eight persons were accused of the alleged offences, records reveal that accused Nos. 7 and 8 were absconding even at the time of filing of the charge sheet and hence as many as s..

Posted in Criminal Law |   5962 hits

Party at whose instance reference was made if fails to prepare paper books for hearing court is not bound to answer

 17 September 2012

This case was listed for hearing before the Tribunal on 28-8-2012 and for this assessee was informed. Today i.e. on 28-8-2012 when the case was called on board, none appeared on behalf of the assessee nor any request for adjournment has been filed be..

Posted in Taxation |   1411 hits

Deduction claimed of securities transaction tax under section 88E cannot be rejected if fulfill the condition of rule 20AB

 17 September 2012

The brief facts of the case are that the assessee filed its return of income for the relevant year on 31-10-2007, admitting a tax liability of Rs.8,95,556/- under the Minimum Alternate Tax (MAT) provisions, per section 115JB of the Act. A tax credit..

Posted in Taxation |   2424 hits

Unless the ratio for appointment in grade I, II, III in district court adopted shown to be arbitrary it ought not to be interfered with

 15 September 2012

This writ petition has been filed on behalf of the Readers Grade- I/Senior Assistants, Readers Grade-II/Assistants, Readers Grade- III/U.D.Cs. and Ahlmads/Assistant Ahlmads/L.D.Cs. of the District Courts of Delhi. They have challenged the minutes of ..

Posted in Civil Law |   2111 hits

Non compete fees cannot be taxed under the head income from salary

 15 September 2012

On the facts and circumstances of the case, Ld. CIT(A)- XXVIII, New Delhi erred in deleting the addition of ` 1,54,90,828/- as a question of law in involved in this case i.e., whether non-compete fee/commission is to be assessed as business income or..

Posted in Taxation |   1617 hits