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

Surcharge leviable not depend on the liability of the assessee to pay income tax but on the assessed tax

 05 April 2012

We have heard the learned DR and the learned counsel for the assessee. The learned counsel for the assessee filed written submissions with a copy orders pages 1-20. The interesting point is that the revenue filed misc. petition in connection with IT(..

Posted in Taxation |   1324 hits

Duty entitlement pass book credit falls under sec 28 of the Act where premium received on transfer will represent profit

 04 April 2012

Whether the Income Tax Appellate Tribunal has erred in holding that duty entitlement pass book credit was cash assistance within the meaning of clause (iiib) to Section 28 of the Income Tax Act, 1961 and the entire amount including the premium receiv..

Posted in Taxation |   1323 hits

Provision of the Act prescribe assesseement based on searched material vest power AO to initiate proceeding under sec 158BD read with sec 158BC

 04 April 2012

On the facts and in the circumstances of the case and in law the CIT(A) erred in sustaining the addition of Rs. 83,00,000/- made by the Assessing Officer on protective basis in respect of income from alleged undisclosed sources on the basis of the c..

Posted in Taxation |   1045 hits

Sec 14A restrict the allowance of expenditure related to exempted income subject to the date of introduction of rule 8D

 04 April 2012

We have heard both the parties and gone through the facts of the case as also the aforesaid decision relied upon by the ld. DR. A mere glance at the impugned order reveals that the order passed by the ld. CIT (A) is cryptic and grossly violative of o..

Posted in Taxation |   1068 hits

every pleading shall contain only a statement in a concise form of the material facts on which the party pleading relies for his claim or defence but not the evidence by which they are to be proved.

 03 April 2012

Facts: In the year 2002, for setting up a new business, appellant was in need of substantial finance and for that purpose, he approached respondent No.1-Company through its Director Mr. Rajendra Kumar Aggarwal, who is his co-brother. Respondent N..

Posted in Civil Law |  1 comments |   1761 hits

Sec 40(a)(ia) said deduction on payment of TDS is allowed in the year of payment

 03 April 2012

TDS deducted but not deposited within the time limit prescribed u/s. 201 of the Act. The same was deposited on 15.02.2006. The Ld. Counsel for the assessee could not contribute anything which supports his case. But after going through the records, we..

Posted in Taxation |   2673 hits

As per sec 41(1) if deduction claimed of any trading liability and subsequently received any amount on that it will be treated profit from business

 03 April 2012

Section 41(1) of the Act, as it existed at the relevant time, was as under:- “41. Profits chargeable to tax.—(1) Where an allowance or deduction has been made in the assessment for any year in respect of loss, expenditure or trading liability inc..

Posted in Taxation |   1344 hits

If Asset owned by the assessee used for business purpose depreciation cannot be disallowed and provision of income tax written back cannot be consider deemed income

 02 April 2012

Following effective grounds of appeal:- 1. That the ld.CIT(A) had erred in deleting disallowance of Rs.8,66,798/- as disallowed by the AO which was claimed by the assessee as business loss. 2. That the ld.CIT(A) had erred in deleting the additi..

Posted in Taxation |   1042 hits

As per sec 10A eligible business is to be treated as separate entity if the transfer made from an unrelated party

 02 April 2012

section 10A, the eligible business (appellant’s branch office in this case) is to be considered as a separate entity and transfer of goods or services by eligible business to/from other business of the assessee are to be treated as if such transfer h..

Posted in Taxation |   988 hits

Disallowance under sec 14A for earning exempt dividend income restricted to 1% of the dividend

 31 March 2012

Brief facts are that the assessee is a private limited company carrying on business of dealing in shares, operation in share futures and commodity futures. The assessee also advanced unsecured loans to other parties and derived interest income there ..

Posted in Taxation |   1936 hits

As per CBDT circular sec 194 applied on advertisement when client make payment to add agencies but not when payment made by add agencies to media

 31 March 2012

The brief facts of the case are that the assessee is a private limited company engaged in the business of posting advertisement in various publication including newspapers. It has filed its return of income on 29.7.2005 declaring a total income of Rs..

Posted in Taxation |   6038 hits

Anti-social elements have found their safe haven in Supreme Court and such comment subject to the contempt of this court

 31 March 2012

Facts : An FIR dated 15.9.1998 was lodged against the petitioner and one other person under Section 7 of Essential Commodities Act, 1955 (hereinafter called the Act 1955) as they were found in possession of 1370 litres of blue kerosene and indulgin..

Posted in Criminal Law |  2 comments |   1859 hits

Deduction of Short fall in the value of securities cannot be disallowed only on the ground that in the books securities are valued as per RBI notification

 30 March 2012

In view of the observation, we are of the view that the claim of the assessee could not be rejected merely on the ground that in the books of account the securities were being valued as per the notifications issued by the R.B.I. However, it is not cl..

Posted in Taxation |   918 hits

Presence of sufficient cause for non appearance cannot deserved the appeal dismissed and filling return with new address can be treated as intimation

 30 March 2012

The contentions have carefully been considered. According to well established law, learned CIT (A) is required to dispose of the appeal on merits instead of dismissing the same in limine. We also found that the assessee, due to change of her correspo..

Posted in Taxation |   1277 hits

As per the HC decision fee or charge received by the government is neither tax nor a duty

 29 March 2012

The only common issue in these two appeals of revenue is against the order of CIT(A) deleting the disallowance made by Assessing Officer on account of licence fee payable at Rs.9 lacs in each of the years and not treating the same u/s. 43B of the Act..

Posted in Taxation |   1125 hits

Same earning cannot be taxed twice only because lying in the hands of other as undisclosed income

 29 March 2012

The assessee is a trust running nine educational institutions under various names catering to different kind of education like Management, Engineering, Medial Sciences, Nursing, Pharmacy, etc. It was granted registration u/s 12AA (2) of the Act by CI..

Posted in Taxation |   3117 hits

Appeal cannot be filed in Tribunal if the tax effect is less than Rs.3 lakh

 29 March 2012

At the outset, it was pointed out by the learned AR that the tax effect in the present case is less than Rs. 3 lac. He has produced before us the demand notice according to which the total tax has been computed at Rs. 2,12,781/-. The learned DR could..

Posted in Taxation |   1013 hits

Section 17(iii) of the Act, sale of specified agricultural produce within the Mandi limits attracts levy of what is described as Mandi Fee from the person effecting the sale. (Glaxo India Ltd.)

 29 March 2012

Facts: Glaxo India Ltd., set up an industrial unit at Aligarh for the manufacture of what is sold in the market under the brand names Glacto, Complan, Farex, Glucon D and other products generically called milk foods/weaning foods and energy bevera..

Posted in Civil Law |   2504 hits

Sec 194I and 194J of TDS is applicable from the A.Y 2007-08 and not before come in to existence

 28 March 2012

At the time of hearing before us, it was pointed out by the learned counsel for the assessee that this issue is settled in favour of the assessee for AY 2005-06 because the similar disallowance was made in AY 2005-06. The learned CIT (A) allowed the ..

Posted in Taxation |   4921 hits

Expenditure on exempted income cannot allowed but it can disallowed only to the extent claim by the assessee

 28 March 2012

At the time of hearing before us, it is stated by the learned counsel for the assessee that there are various factual errors in computing the disallowance as per Rule 8D. However, he is not arguing in detail with regard to those errors but, his argum..

Posted in Taxation |   1336 hits