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Judgments and Orders

Interest can be charged under sec 234B where required and power to reduced or waive is only vested under sec 119 of CBDT

 06 March 2012

I have considered the facts of the case and the submissions of the appellant. I have also perused the case laws as relied upon by the appellant. Before considering the appellant’s submission, it is important to look about the operative part of the di..

Posted in Taxation |   2036 hits

Penalty cannot be imposed on the basis of estimation of net profit

 06 March 2012

Vide a penalty order u/s 271(1)(c) dated 27-03-2009, it was held that the assessee has concealed the income of Rs.8,16,617/- which was taxed on account of estimation of profit. The First Appellate Authority has expressed that since the addition was i..

Posted in Taxation |   1300 hits

Once the income taxed in the hands of the firm that should not be taxed in the hands of the assessee and expenses incurred for betterment for title of the property is allowable

 06 March 2012

Briefly stated the assessee is a Partner in the firm M/s Balachandra Laboratories. The firm had property at Thane on which development rights were transferred to M/s Friends Development Corporation (FDC) for an amount of Rs.17.00 crores. The said fir..

Posted in Taxation |   1359 hits

Expenditure cannot be disallowed on the submission of proper vouchers and books for the expenses

 05 March 2012

Briefly stated facts of the case are that the assessee company is engaged in the business as builders, building contractors, labour contractors, property developers etc. The return was filed declaring total income at Rs.4,71,330/- on 30.10.2006, whic..

Posted in Taxation |   1195 hits

In case of gift the identity and creditworthiness of the donor and genuineness of the transaction must be proved and in additional evidence CIT must verified that before taking any decision

 05 March 2012

The facts, in brief, are that the assessee who is a Joint Managing Director in M/s Ashapura Shipping Ltd. had received a gift of Rs. 55,00,000/- from Mr. Nilesh shah during the year under consideration. On being asked by the AO to furnish the detail..

Posted in Taxation |   1333 hits

In the presence of reasonable cause assessee can be consider to send back the matter to the file of AO

 05 March 2012

Briefly stated facts of the case are that the assessee is an individual carrying on business of civil constructions and commission on sale of flats and miscellaneous income. She filed return declaring a total income of Rs.2,02,357/-. However, the ass..

Posted in Taxation |   1250 hits

Loss incurred in share trading in F & O segment cannot be consider as speculative under sec 43(5) and all the decision of the authority should be based on proper reason

 03 March 2012

On the facts and circumstances of the case, the learned CIT(A) has erred in deleting the addition of``3,11,85,809/- on account of disallowance of loss on trading of shares as not an allowable expenditure u/s 37(1) in view of violation of clause 11 me..

Posted in Taxation |   1078 hits

Once the AO taken a view after conducting enquiry than CIT cannot take different view under sec 263

 03 March 2012

The facts in the case before Hon’ble High Court (supra) are identical to the facts in hand because the assessment order was passed by the AO as per the discussion with CIT and as per the office note dt. 28/12/2006 then the subsequent CIT cannot revis..

Posted in Taxation |   1136 hits

Unless there is findings that investment not related to business and not utilized for business disallowance under sec 36(1)(iii) cannot raise

 03 March 2012

On this issue assessee contended in the ground that the Assessing Officer has erred in reopening the assessment mainly to disallow under section 14A of the Income Tax Act and took shelter under section 36(1)(iii) to avoid provisions of Section 14A wh..

Posted in Taxation |   1054 hits

In case of appeal for stay of collection of demand the assessee have to give surety to the AO for the outstanding amount

 02 March 2012

We have heard the learned D.R. in this regard and carefully perused the record. Having regard to the circumstances of the case we are of the view that the balance of convenience is in granting conditional stay. As declared in the open court, assessee..

Posted in Taxation |   1303 hits

Chargeability of waiver of loan depends upon the purpose of the loan taken if for trading purpose than chargeable and if for acquiring capital asset than not chargeable

 02 March 2012

Briefly stated facts of the case are that the assessee company is engaged in the business of manufacturing of PVC sheets, Leathercloth, Flooring Materials and Trading in commodity, filed return declaring loss of Rs.4,79,89,263/-. During the course of..

Posted in Taxation |   1816 hits

In case of investment accrued interest is liable to taxed and in case of addition by AO the addition cannot be made on estimate basis

 02 March 2012

As regards first issue, Assessing Officer made addition of Rs.2,20,000 on account of accrued interest by IVP’s. The Assessing Officer has held that investment in the asset was the income of the assessee and therefore, interest income accrued thereon ..

Posted in Taxation |   1022 hits

Investment made in share cannot be treated as trading activity without fulfilling the condition for trading

 02 March 2012

The facts in brief are that the assessee is an AOP, engaged in the business of trading in dyes and chemicals and derive income therefrom filed return of income declaring an income of Rs. 9,39,492/-. During the course of assessment proceedings, the AO..

Posted in Taxation |   1022 hits

In order to claim exemption under sec 10(23C) all clauses of the MOA should be proved

 01 March 2012

That on the facts and circumstances of the case, the learned CIT has gravely erred in law and on facts in rejecting the appellant’s application u/s 12A(1) without appreciating the fact that the appellant society was granted exemption from Income-tax ..

Posted in Taxation |   1570 hits

Penalty order should be consider in the light of the quantum appeal already decided by the ld CIT

 01 March 2012

The Revenue has raised the following grounds in its appeal. The Ld. Commissioner of Income-tax (Appeals)-XV, Ahmedabad has erred in law and on facts in deleting the penalty of Rs.1,27,80,657/- levied u/s.271(1)(c) of the Act. On the facts and..

Posted in Taxation |   1218 hits

Payment received as transportation fees cannot be charged to tax either under sec 9(1)(i) 0r sec 9(1)(vii)

 01 March 2012

Transportation fee being erroneously treated as fees for technical services under Section 9(1)(vii) of the Income-tax Act, 1961. On the facts and circumstances of the case and in law, the Commissioner of Income-tax (Appeals)-11 has erred in uphol..

Posted in Taxation |   1205 hits

Incomplete flat in a multi storied building cannot fulfilled the definition of asset under sec 2(ea) of the Act

 29 February 2012

Brief facts are that during the relevant financial year 2000-01, assessee purchased incomplete flat in a multi-storied building situated at Juhu Sai Darshan, 5th N.S. Ext. Road, JVPD Scheme, Mumbai-400 049 for a total consideration of Rs.64.65 lakhs ..

Posted in Taxation |   1246 hits

Applicability of IT Rules on Plot Society and Flat Society are not similar

 29 February 2012

On the facts and in the circumstances of the case and in law, the learned CIT(A) erred in deleting the premium on transfer fees of Rs. 10,60,000 received from members relying on the decision of the Mumbai High Court in the case of Sind Coop. Hsg. Soc..

Posted in Taxation |   1363 hits

As per sec 92 (1) in international transaction not only the item of income but expenses and interest are also covered

 29 February 2012

Ground nos.1 and 2 deal with the deletion of addition of ‘.49,99,680 on account of adjustment made to arm’s length price (ALP) in respect of international transaction with Associated Enterprise (AEs). Briefly stated the facts of these grounds are tha..

Posted in Taxation |   1390 hits

Whether appointments can be made in Government service beyond the number of vacancies advertised.

 28 February 2012

Facts: An advertisement was published by the Director of Land Records and Survey, Assam, inviting applications for selection for admission in the Assam Survey and Settlement Training Institute in respect of 160 seats. About 12,000 candidates applied..

Posted in Civil Law |   2241 hits







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