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Judgments and Orders

Penalty cannot be imposed under section 271 on debatable issue

 12 November 2012

The relevant facts of the case giving rise to these appeals are as follows. The assessee is a private limited company which filed its return of income for A.Y. 1981-82, 82-83 and 83-84 on 30.6.1981, 30.6.1982 and 10.8.1983 respectively. On the basis ..

Posted in Taxation |   2405 hits

Section 32 applied only on capital expenditure not on revenue for any reason

 12 November 2012

That the Ld. Commissioner of Income Tax (A) erred on facts and in law in confirming the disallowance of ` 30,07,454/- made by the Assessing Officer in respect of expenditure on repairs and maintenance of building incurred by the appellant, holding th..

Posted in Taxation |   2123 hits

Stock converted to investment to evade tax cannot be considered as valid conversion

 10 November 2012

The brief facts of the case are that the assessee is a private limited company and it has filed return of income on 31.10.2005. The case of the assessee was selected for scrutiny. During assessment proceedings, the Assessing Officer found that assess..

Posted in Taxation |   1579 hits

Appeal disposed on merit without speaking order cannot be sustained

 10 November 2012

We find that CIT(A) has passed a non-speaking order by following the decision of ITAT in the case of Multiplan India (Pvt.) Ltd. (supra). We are of the view that where appeal has been disposed of even though on merits without a speaking order, the or..

Posted in Taxation |   2057 hits

Assessee is allowed to withdraw before any decision made

 09 November 2012

At the time of hearing, ld A.R. submitted that assessee be allowed to withdraw his appeal. Learned D.R submitted that he has no objection to accept the prayer of ld A.R. In view of submissions of ld representatives of parties, we accept assessee’s pr..

Posted in Taxation |   1347 hits

Without supporting indexation benefit cannot be denied by AO

 09 November 2012

On the facts and in the circumstances of the case and in law, the ld CIT(A) erred in deleting the addition made on account of rejection of indexed cost without appreciating the facts that the assessee has not produced any evidence for acquisition cos..

Posted in Taxation |   1468 hits

Payment received through banking channels is enough to find out the source and reason

 08 November 2012

In this case return of income declaring total income of ` 108107/- was filed on 31.10.1993 after claiming deduction of ` 3,08,43,785/- u/s. 80HHC of the Act. Original assessment in this case was completed u/s. 143(3) on 29.3.1996. At the time of orig..

Posted in Taxation |   1518 hits

Adjustment in the arm’s length price on international transaction to avail intra-group services of associated enterprises

 08 November 2012

the Assessing Officer (‘A.O.’)/Dispute Resolution Panel (‘DRP’) has erred in making an addition of Rs.34,780,481/- to the total income of the Appellant on account of adjustment in the arm’s length price of the international transaction pertaining to ..

Posted in Taxation |   1628 hits

Lack of effort from AO to verify creditors is not the part of fault of Assessee

 07 November 2012

The AO called the assessee to explain why the above claim of unsecured loan from the above three persons shall be treated as unexplained cash credit u/s 68 of the Act. In response to show cause notice, the assessee submitted details of cheque nos. by..

Posted in Taxation |   1643 hits

Order passed on merits without a speaking order cannot be sustained

 07 November 2012

Against ex parte dismissal of appeal: a) For that on the facts and circumstances of the case and in law, the Ld. CIT(A) erred in dismissing the appellant’s appeal for alleged non-pursuing of the appeal. b) For that on the facts and circumstance..

Posted in Taxation |   2038 hits

Impact of cash deposited in creditors account before payment

 06 November 2012

On the facts and in the circumstances of the case, Ld. Commissioner of Income Tax (A) has erred in deleting the addition of ` 1001500/- made u/s. 68 of Income Tax Act, 1961 especially when the identity and credit worthiness of the share applicants an..

Posted in Taxation |   1489 hits

IT Return, Bank Statement, PAN Card. B/S and P/l account of creditors is enough explain creditors

 06 November 2012

The brief facts of the above case are that while doing the scrutiny assessment the AO has added an amount of Rs.65,96,859/- under the head ‘unexplained loan creditors’ and Rs.2,44,256/- under the head interest paid on the above loan creditors by obse..

Posted in Taxation |   1794 hits

Penalty provisions u/s 271(1)(c) of the Act are not automatic provisions

 05 November 2012

Briefly stated, the facts giving rise to this appeal are that the assessee filed a return declaring an income of Rs.53,46,390 for AY 2003-04 which was processed u/s 143(1) of the Act. Subsequently, the case was selected for scrutiny and accordingly a..

Posted in Taxation |   3864 hits

Consequences of offence under section 395, 396 and 397 of IPC

 05 November 2012

This appeal is directed against the judgment of the High Court of Bombay Bench at Aurangabad dated 25.04.2007 by which the High Court dismissed the Criminal Appeal No.403 of 2005 and confirmed the conviction and sentence imposed on the appellant for ..

Posted in Criminal Law |   7529 hits

Treatment of investment on construction of house under section 69C of IT

 05 November 2012

On the facts and in the circumstances of the case, the Ld. Commissioner of Income Tax (A) has erred in deleting the addition of ` 15,12,750/- made by the Assessing Officer on account of unexplained investment on construction/ renovation of 1st floor ..

Posted in Taxation |   1540 hits

If appeal has legal backing cannot be dismissed

 03 November 2012

That on the facts and in the circumstances of the case and in law, the Ld. Commissioner of Income Tax (A) erred in confirming the penalty levied by the Assessing Officer on account of disallowance of maintenance expenses amounting to `7886/- and Depr..

Posted in Taxation |   1505 hits

Rate applicable on valuation of residential house

 03 November 2012

That the Learned Assessing Officer has wrongly applied the valuation of Residential House as made by District Valuation Officer which is based on material rates prescribed by CPWD. With a contractors margin of 10% on supplying / fixing/ providing of ..

Posted in Taxation |   1537 hits

In the absence of illegality in procedure adopted in appeal is allowed

 02 November 2012

We are, in these appeals, called upon to consider the question whether the Division Bench of the Orissa High Court was justified in directing Orissa State Financial Corporation (OSFC) and Industrial Promotion and Investment Corporation of Odisha Ltd...

Posted in Civil Law |   1919 hits

Rejection of application of renewal of exemption under section 80 cannot be made arbitrarily

 02 November 2012

The Learned Director of Income Tax - (Exemption) has passed the order of Rejection of Application of Renewal of Exemption u/s 80G (5) (vi) of the Income Tax Act, arbitrarily on erroneous facts and superfluous reasons without bringing out the relevant..

Posted in Taxation |   1650 hits

One more opportunity can be allowed to assessee in presence of number of cases pending against him

 02 November 2012

We have considered the prayer for adjournment and have also gone through the orders and the Affidavit filed by the appellant company, we find that even the revenue authorities are aware that the assessee and its directors are involved in a number of ..

Posted in Taxation |   1369 hits