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Judgments and Orders

Assessee having right to contest levy of penalty apart from the findings recorded in the assessesment order

 26 December 2011

This appeal filed by the assessee is directed against the order passed by the CIT(A) dated 2nd June, 2011 for Asstt. Year 2005-06. The grounds of appeal read as under: “That order passed u/s 250(6) of the Income Tax Act, 1961 by the ld. CIT(A)-II,..

Posted in Taxation |   782 hits

Details must be provided of Interest on loan and the salary paid to partner as prescribed in the Act is allowed whether he is absent at the time of survey

 17 December 2011

In completing the assessment, the assessing authority has made addition of ` 49,534/- as disallowance of interest attributable to loan creditors. The assessee’s books of accounts contained loan credits brought down from the earlier assessment year an..

Posted in Taxation |   1653 hits

In case of loan the lender identity must be deposited at assessment and repair expenses of office vehicles are disallowed up to 5% if used partly for personal use

 17 December 2011

The first ground relates to addition of Rs.13,77,000/- made u/s 68 by the AO. During the assessment proceedings the assessee was asked by the AO to prove the identity of the lender, genuineness of the transaction and creditworthiness of the lender in..

Posted in Taxation |   1229 hits

High court have the power to determine the disputed question involved in the matter

 17 December 2011

Petitioner Ram Baran Ram has filed instant petition of writ asking for a relief for quashing of FIR of Gaunaha P.S. Case No.23 of 2009 arising out of Special P.S. Case No.25 of 2009 as well as Gaunaha P.S. Case No.01 of 2010. The shorn of unnecessar..

Posted in Criminal Law |   2046 hits

Decision of AICTE for running institution can be implemented only before the commencement of academic session

 16 December 2011

The petitioners are aggrieved by the communications dated 5/10/2011 and 21/10/2011 whereby the petitioners are informed that the All India Council for Technical Education (AICTE) as well the Appellate Committee of the AICTE respectively, have decline..

Posted in Civil Law |   2189 hits

If the tax liability is below minimum than the transaction unexplained and income can be exempted

 16 December 2011

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

Posted in Taxation 1 comments |   2042 hits

Cash assistance is to be taxed under the head Income from Business

 16 December 2011

The ground raised by the assessee is that the Commissioner of Income Tax(Appeals) has erred in confirming that cash assistance is taxable in the hands of the assessee. It is the case of the assessee that the Commissioner of Income Tax(Appeals) himsel..

Posted in Taxation |   1572 hits

Sec 234D of Income Tax Act for charging interest on excess refund is applicable only from AY 2004-05

 16 December 2011

In brief, the factual background giving rise to the impugned dispute can be summarized as follows. By a letter dated 18.12.2006, it was pointed out by the assessee that a refund of Rs 6,78,32,796/- was received by it on 1.4.2006 in consequence of the..

Posted in Taxation |   3307 hits

As per the Supreme Court order NPA of a Company defaulting in repayment of loan can be assigned for the debt

 15 December 2011

A. The grievance relatable to IFCI Ltd. (appointed as the operating agency by BIFR vide order dated 08.08.2005 with a mandate to prepare a scheme for revival of the „Company‟) that it being one of the five secured creditors of the „Company‟, IFCI Ltd..

Posted in Corporate Law |   3935 hits

As per Rule 19 of AT Rule 1963 Tribunal can treat the appeal as un-admitted appellant can recall on sufficient cause been shown

 15 December 2011

This case was listed for hearing before the Tribunal on 08-12-2011 and for this assessee was informed. Today i.e. on 08-12-2011 when the case was called on board, none appeared on behalf of the assessee nor any request for adjournment has been filed ..

Posted in Taxation |   1416 hits

Expenditure incurred in acquisition of intangible asset is to be treated as revenue expenditure

 15 December 2011

On the facts and circumstances of the case, the learned CIT(A) ought not have deleted the addition of Rs. 4,49,95,728 representing expenses for acquisition of rights The learned CIT(A) ought to have appreciate the fact that the provisions of sec. 32..

Posted in Taxation |   1611 hits

Once informed that service is withdrew than expenses incurred on that service after giving information will not be re-inversed

 14 December 2011

Total amount claimed as per plaint is `18,38,112/- and pre-suit interest @12% per annum was claimed at `14,15,346/-. Decree prayed for as per the plaint is in sum of `32,53,458/-...

Posted in Civil Law |   2532 hits

On submission of proof establishing identity and creditworthiness of shareholder share application money cannot be in disputes for assessment

 14 December 2011

. That having regard to the facts and circumstances of the case, ld. CIT(A) has erred in law and on facts in confirming the action of the ld.AO in making addition of ` 15,00,000/- being share application money received during the year holding the sam..

Posted in Taxation |   1800 hits

Record of ACR officer disclose only in a case involve public interest

 14 December 2011

It is the petitioner’s case that upon complaints of corruption against Ms. Jyoti Balasundaram, Member, CESTAT, the President of the CESTAT - a former Chief Justice of a High Court, made some adverse entries in the Annual Confidential Report (ACR) of ..

Posted in Civil Law |   2139 hits

It is the duty of the AO to carefully verify the statement given by the Assessee against any claim made by the AO

 13 December 2011

The brief facts of the case are that search and seizure operations u/s 132(1) of the Income –Tax Act, 1961 (hereinafter referred to as the Act) were conducted at the residence and business premises of the various members of Maheswari Brothers Group o..

Posted in Taxation |   1518 hits

Security deposited against leased property refundable on completion of tenure cannot be consider as Capital Gain

 13 December 2011

The brief facts of this issue are that while doing the scrutiny assessment after analyzing the various clauses in indenture of conveyance dated 27th April, 1991 and the indenture lease dated 28.12.1995 and the explanation given by assessee at the req..

Posted in Taxation |   1780 hits

Non discloser house property income means evasion of Municipal Tax and may cause penalty on the Landlord

 13 December 2011

The dispute began when the Municipal Corporation of Delhi proposed to enhance, with effect from 01.04.1999, the rateable value from the existing rateable value of `11,400/- to `1,50,000/- on account of letting of the ground floor. It be highlighted t..

Posted in Property Law |   2670 hits

Interest on Interest free loan given related to business cannot be disallowed expenditure

 13 December 2011

. Brief ly stated facts of the case are that the assessee derives income from Hiring of Cranes to ONGC and other oi l refineries, management services to group companies, dividends and interest from investments and income from sale of investment and T..

Posted in Taxation |   1413 hits

Case pending in a lower court cannot be forwarded to another court till the decision taken by the lower court

 13 December 2011

Learned counsel for the petitioner has confined his prayer for a direction to the Court below to decide the matter pending before it within a fixed time frame. Upon going through the record it appears that the matter is pending before the Court below..

Posted in Civil Law |   2121 hits

Share Application money forfeited for non payment of call cannot be considered as income in the year of forfeiture

 13 December 2011

) (A) That on the facts and circumstances of the case, the ld. CIT(A)-XII, has grossly erred in confirming the brought forward “SHARE APPLCIATION FORFEITURE ACCOUNT” as unclaimed credit and thus, confirming addition for ` 25,00,000/- to the declared ..

Posted in Taxation |   4763 hits







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