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Judgments and Orders

If the appeal has no effect on tax liability its liable to be dismissed

 14 May 2013

At the time of hearing before us, it was stated by the learned counsel that in both the years, despite huge additions, the assessed income is loss. That the set off of this loss has never been claimed in the subsequent years because in the subsequent..

Posted in Taxation |   1848 hits

Realisation of shares cannot be treated as commission

 13 May 2013

On the facts and in the circumstances of the case, the ld.CIT(A) has erred in deleting the addition of Rs.15,00,000/- made by the Assessing Officer u/s 68 of I.T.Act, 1961 in respect of unexplained cash credits without appreciating the fact that the ..

Posted in Taxation |   1734 hits

Long term capital gain under section 50C of the Income Tax Act

 11 May 2013

That on the facts and in the circumstances of the case, the Assessing Officer had erred in invoking provision of section 50C of the I.T. Act thereby computing the long term capital gain at Rs. 74,15,381/-. The Ld. Commissioner of Income Tax (A) is al..

Posted in Taxation |   5837 hits

Absence without application for adjournment can treat the appeal dismisses

 10 May 2013

However at the time of hearing, no one was present on behalf of the assessee. The appeal was passed over twice. Despite the same, neither the assessee was present nor any request for adjournment has been placed before the Bench. The record shows that..

Posted in Taxation |   2069 hits

Intimation u/s 143(1) cannot be disturbed subject to the reason recorded by AO

 09 May 2013

Brief facts of the case are that assessee was running a proprietary business as whole seller at Nainital. It had filed its return of income declaring total income of Rs. 1,90,000/-. The Assessing Officer, vide order sheet entry dated 19th August, 200..

Posted in Taxation |   2570 hits

AO cannot make any addition without giving adequate opportunity to assessee

 08 May 2013

The assessee has raised various grounds in its appeal. However, at the time of hearing before us, the main contention of the learned counsel for the assessee was for setting aside the matter to the file of the Assessing Officer or the CIT(A). He subm..

Posted in Taxation |   2446 hits

Reopening of the assessment under Section 148

 07 May 2013

On the facts and circumstances of the case the ld.CIT(A) erred in deleting the addition of Rs.2,26,248/- made on account of jewellery by ignoring that no investment in jewellery was disclosed and no wealth tax return was filed. On the facts and circu..

Posted in Taxation |   2037 hits

If issue set aside by ITAT further appeal on same subject is deemed to be set aside subject to the condition

 06 May 2013

However, at the time of hearing before us, it was pointed out by the learned counsel that the learned CIT(A) had allowed only part relief and, therefore, against the addition sustained at `3,45,914/-, the assessee had filed appeal before the ITAT. Th..

Posted in Taxation |   2057 hits

Limit of Tax effect for filling appeal before Tribunal applicable for all pending appeal

 04 May 2013

We draw the attention of the ld. DR regarding the tax effect on the deletion of addition of Rs.9,05,643/- which is less than Rs. 3.00 lakh. This position is admitted by the ld. D.R. Therefore, as per the Instruction No. 3/2011 dated 09.02.2011 the re..

Posted in Taxation |   2545 hits

Whether Revenue’s appeal is general in nature and needs no adjudication

 03 May 2013

On the facts and in the circumstances of the case, the ld.CIT(A) has erred in law and facts in deleting the addition of Rs.4,070302/- made by the AO on account of disallowance of car maintenance expenses.”..

Posted in Taxation |   1708 hits

Absence of interest for prosecution may cause for dismissal

 02 May 2013

The appeal was fixed for hearing on 21.11.2011 when the case was adjourned at the request of the assessee’s counsel to 22.03.2012. Thereafter, the Bench did not function and the hearing was fixed on 25.07.2012. On 25.07.2012, the matter was adjourned..

Posted in Taxation |   1568 hits

Effect of mistake by CIT in confirming order passed under section 153C read with Sec 153A of IT Act.

 01 May 2013

At the time of hearing before us, the learned counsel for the assessee argued at length. He stated that there was search at Chaurasia Group of cases. However, there was no search operation at the premises of the assessee company. The Assessing Office..

Posted in Taxation |   1718 hits

Conviction for offence under section 302 and 392 read with section 34 IPC

 30 April 2013

The genesis of the case of the prosecution was that one Shama Parveen was living in House No.A-32/15, Main Road No.66, Maujpur, that while she was using the first floor as her residential premises she had her own shop in the ground floor where she wa..

Posted in Criminal Law |   4268 hits

Exemption of Tax under the doctrine of mutuality

 27 April 2013

The facts necessary for the purpose of appreciating the controversy involved in the appeal are as follows: The Bangalore Club (hereinafter referred to as the “assessee”), the appellant herein, is an unincorporated Association of Persons, (AOP). I..

Posted in Taxation |   4167 hits

Tax deposited on estimated income cannot be treated as disclosure of total income

 26 April 2013

The respondent-assessee is a firm which came into existence on 25th June, 1992. On 23rd February, 1996, a search operation under Section 132 of the Act was carried out at the premises of another concern, viz. M/s A.R. Mercantile Private Limited. Duri..

Posted in Taxation |   1789 hits

Depreciation on the vehicles financed by assessee and registered in the name of third party

 25 April 2013

The assessee is a public limited company, classified by the Reserve Bank of India (RBI) as a non-banking finance company. It is engaged in the business of hire purchase, leasing and real estate etc. The vehicles, on which depreciation was claimed, ar..

Posted in Taxation 1 comments |   2149 hits

Non compliance can be a reason for rejection of claim

 24 April 2013

The appellant herein, Export Credit Guarantee Corporation of India Ltd., (hereinafter referred to as `the insurer’), is a government company, which is in the business of insuring exporters. Respondent, M/s Garg Sons International, on 23.3.1995 purcha..

Posted in Corporate Law |   3190 hits

Exemption to specified goods imported for production of goods for export

 23 April 2013

The appellant, an Export Oriented Unit (for short “EOU”), is engaged in the manufacture of all wool and poly-wool worsted grey fabrics. It was granted the status of EOU by the Government of India, Ministry of Industry, Department of Industrial Develo..

Posted in Taxation |   2467 hits

Impact of RBI's master circular on willful defaulter

 22 April 2013

The facts very briefly are that the appellant-bank sanctioned Derivatives/Forward Contracts facility to respondent no.1 upto a limit of Rs.2,00,00,000/- (rupees two crores) only for the purpose of hedging foreign currency exposures by its letter date..

Posted in Corporate Law |   5151 hits

Whether manufacturing of goods without brand name decline assessee to avail the benefit of S.S.I notification

 13 April 2013

Briefly stated, the material facts giving rise to the appeal, are as follows: Pursuant to an inspection by the officials of the enforcement Commissionerate, Chennai-II at the sales outlet of the respondent (hereinafter referred as “the assessee”), re..

Posted in Taxation |   2225 hits