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Lawyersclubindia Judiciary

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 |   781 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 |   1132 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 |   993 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 |   2948 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 |   866 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 |   2306 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 |   4768 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 |   1158 hits

As per the Finance Act 2007 sec 194H is not applicable on the commission or brokerage payable by BSNL to its PCO franchises

 28 March 2012

At the outset, the learned counsel for the assessee submitted that the issue involved in the present appeals is covered in favour of the assessee by the order of ITAT, Pune Bench dated 7th December, 2011 rendered in assessee’s own case in ITA Nos.983..

Posted in Taxation |   1456 hits

Utilization of loan as providing financial assistance to group companies cannot raise the question of disallowance of interest on loan

 27 March 2012

In this case, the facts are that the original assessment in this case was completed u/s. 143(3) of the IT Act, 1961 wherein, apart from others, disallowance on account of payment of interest of Rs. 10832532/- was made. Being aggrieved by the order of..

Posted in Taxation |   1021 hits

Amount received from immovable property if invested within the time allowed under sec 139(4) is entitled for exemption under sec 54

 27 March 2012

Facts, in brief, as per relevant orders are that return declaring income of Rs.7,08,754/-filed on 04.03.2009 by the assessee, after being processed u/s 143(1) of the Income-tax Act, 1961 (hereafter referred to as the Act), was selected for scrutiny w..

Posted in Taxation |   1435 hits

On the termination of royalty agreement for training it cannot be returned expenses incurred on such training can be treated as capital expenditure

 27 March 2012

From the observation we can find the following fact, it is very clear that assessee has not obtained any benefit of enduring nature. The royalty is payable on the basis of volume of sales year to year. In the event of termination of agreement has to ..

Posted in Taxation |   954 hits

Appeals that purport to have been filed under Section 30 of the Armed Forces Tribunal Act, 2007.

 27 March 2012

facts: The appellant’s case is that since the orders under challenge in these appeals are final orders of the Tribunal, an appeal against the same lies to this Court as a matter of right, no matter the right to file such an appeal under Section 30 ..

Posted in Civil Law |   1460 hits

In the absence of minimum tax effect as per the instruction of the IT appeal disserved to be dismissed

 26 March 2012

The tax effect in this case is found to be less than Rs.3 lac, the limit prescribed under Instruction No. 3/2011 dated 09.02.2011 and when Ld.CIT(DR) was apprised of this fact, she could not controvert the same and she was also unable to show that th..

Posted in Taxation |   762 hits

In the presence of full disclosure of source of share application money AO cannot raise question on that

 26 March 2012

The brief facts of the case are that assessee has filed its return of income on 30.3.2003 declaring an income of Rs.43,400. This return was processed under sec. 143(1) of the Income-tax Act, 1961 on 25.5.2003 at the returned income. According to the ..

Posted in Taxation |   1296 hits

Appeal cannot be allowed in the absence of prosecution

 26 March 2012

Despite sending notice of hearing sufficiently in advance, assessee did not appear nor any application for adjournment has been received at the time of hearing of the appeal, in spite of the fact that earlier also on several dates the hearing was adj..

Posted in Taxation |   834 hits

Interest income cannot be assessed separately in the hands of the assessee

 24 March 2012

The brief facts of the case are that assessee is an individual. He has filed his return of income on 18.12.2006 declaring an income of Rs.155,27,356. The case of the assessee was selected for scrutiny assessment and a notice under section 143(2) of t..

Posted in Taxation |   1045 hits

In case of mere advancing depreciation cannot be allowed and in case of finance lease only lessee can claim depreciation

 24 March 2012

Briefly stated the facts of the case for the A.Y. 1998-99 are that the assessee bank filed its return claiming depreciation of `25,70,03,293. The Assessing Officer observed that there was substantial variation between the amount of depreciation as pe..

Posted in Taxation |   990 hits

As per Rule 19 if the appellant remain absent on the date of hearing without showing any reason than appeal will be treated as un-admitted

 24 March 2012

However, at the time of hearing no one was present on behalf of the assessee nor any adjournment application received. Appeal was passed over in the first round. Even in the second round also the position remained the same. The record shows that the ..

Posted in Taxation |   903 hits

Sec 14A not applied on the interest accrued on bond issued by Bank and assessee need to prove the source of investment to claim deduction under sec 10(33)

 23 March 2012

The tribunal in the impugned order has examined the factual matrix relating to acquisition/purchase of the equity shares mentioned at serial nos.1 to 3 and the investment in mutual funds. It has reached a categorical and a firm conclusion that the bo..

Posted in Taxation |   1077 hits







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