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Judgments and Orders

Exemption available to the depreciable asset under section 54E cannot be denied by referring to the fiction created under section 50

 13 August 2012

Briefly stated the facts of the case are that the assessee is a Private Limited Company engaged in manufacturing of Rubber products and having manufacturing unit at Andheri and Grant Road. For the year under consideration, the appellant company decla..

Posted in Taxation |   1520 hits

AO can reassess issues other than the issues proceedings were initiated but he was not justified when the reasons for the initiation of those proceedings ceased to survive

 13 August 2012

On the facts and in the circumstances of the case as well as in law the Ld. Commissioner of Income Tax (Appeals) grossly erred in upholding the action of ld. Assessing Officer in treating the loss on sale of shares as capital loss which is otherwise ..

Posted in Taxation |   1481 hits

Noncompliance, the provisions of the Hazardous Wastes Rules, 1989, should be declared as unconstitutional

 11 August 2012

The basic grievance of the Writ Petitioner was with regard to the import of toxic wastes from industrialized countries to India, despite such wastes being hazardous to the environment and life of the people of this country. The Writ Petitioner sought..

Posted in Constitutional Law |   1991 hits

Income by non resident company is to be taxed only after considering the provision of DTAA

 11 August 2012

The grounds of appeal read as under:- i) The Ld. Commissioner of Income Tax (A)-II, Dehradun has erred in law and in the facts and circumstances of the case in upholding the order passed by the Assessing Officer u/s. 143(3)/254 of the I.T. Act, 19..

Posted in Taxation |   1310 hits

If there is sufficient cause for non appearance than the ex-party order can be recalled

 11 August 2012

We have carefully considered the submissions of the rival parties and perused the material available on record. After having satisfied about the reasons submitted by the assessee and considering the facts and circumstances of the case, we are of the ..

Posted in Taxation |   1726 hits

Constitutional validity under article 32 of Section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974

 10 August 2012

The central issue in this petition under Article 32 of the Constitution concerns constitutional validity of Section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, ‘COFEPOSA’) to the extent it emp..

Posted in Constitutional Law |   2314 hits

Payment made to foreign company for service rendered in the nature of business not chargeable to tax in India in the absence of permanent establishment

 10 August 2012

We have carefully considered the submissions of the rival parties and perused the material available on record. The undisputed facts of the case in brief are that the assessee company is a fully owned subsidiary of Yahoo. Inc. USA which is engaged in..

Posted in Taxation |   1088 hits

Accrual of income is a well-known concept of taxation jurisprudence

 10 August 2012

Your appellant submits that your appellant has not received any interest from the Partnership firm and as such the learned CIT(A) ought to have considered this and ought not to have confirmed the addition of Rs.6,56,049/- made by the learned A.O. on ..

Posted in Taxation |   1047 hits

Gift deed in the absence of sign, relationship between donor and donee and proper reason cannot be treating as valid

 09 August 2012

Question raised in the case is. Whether on the facts and circumstances of the case the Ld. Commissioner of Income Tax (A) was justified in rejecting the appeal of the assessee and confirming the order of the ITO, Ward 32(3) and confirming the additio..

Posted in Taxation |   1231 hits

Loss in derivatibes before 25.01.2006 by assessee having status of NBFC with certificate from RBI cannot treat as speculation loss

 09 August 2012

The ground raised in the appeal is that on the facts of the case and in law the Ld. Commissioner of Income Tax (A) erred in confirming that the Derivative Loss of ` 1,15,880/- on dealing in future and option derivatives of shares in Recognized Stock ..

Posted in Taxation |   1137 hits

If the petitioner fails to submit the supporting document after giving proper opportunity appeal deserve to be dismissed

 09 August 2012

The facts of the case in brief are that on 25.01.1992, petitioner was working as Manager of the Bank at Connaught Circus, New Delhi. He was placed under suspension and was served with a charge-sheet dated 21.01.1992, followed by another chargesheet d..

Posted in Civil Law |   2332 hits

The Court cannot sustain the award in excess of jurisdiction

 08 August 2012

The dispute between the parties concerns the cost of construction of a 14 km long 36” diameter pipeline from the Hazira Field to Mora village in the sum of Rs. 93.27 crores which Niko claims is part of ‘development cost’ which it is entitled to recov..

Posted in Civil Law |   1670 hits

Is the delegation of power under section 11 to fix the license fees without any guideline is ultra virus?

 08 August 2012

This is an appeal from a judgment, dated 5th February, 2003, rendered by the High Court of Delhi at New Delhi in CWP No.2278/2002. By the impugned judgment, the High Court has upheld the validity of the Delhi Race Course Licensing (Amendment) Rules, ..

Posted in Civil Law |   1519 hits

Non compete fees on transfer is chargeable to tax as business income and transfer of share at face value as part of family settlement cannot treat as transfer

 08 August 2012

The assessee companies in the present cases along with some other entities were promoters of a company namely M/s. Dawn Mills Co. Ltd. and were holding 52.60 percent shares of the said company. They agreed to transfer their shares and controlling int..

Posted in Taxation |   1607 hits

Allowability of leave petition depends upon the relief sought by the appellant

 07 August 2012

Both sides would agree that the issues raised and the relief sought for in this appeal are identical with the issues raised and considered by this Court in the case of Union of India Vs. Giani in Civil Appeal No.1884/2011 on February 17, 2011. 5. In ..

Posted in Civil Law |   1327 hits

Genuineness of purchase must be proved and employees contribution of PF or ESI deducted from salary cannot be treated as income if deposited to the authority within prescribed period

 07 August 2012

Although all these appeals have been filed by the revenue however the ld. AR submitted that under Rule 27 of Income Tax (Appellate Tribunal) Rules, 1963, assessee wants to support order on the ground of reopening decided against the assessee by the C..

Posted in Taxation |   988 hits

Applicability of section 92CA can be made after considering section 92A, 92B and provision of transfer pricing cannot avoid book result and adjustment only can made after giving deduction benefit

 07 August 2012

The relevant material facts are like this. The assessee before us, Dongfang Electric Corporation (DEC, in short) is a non-resident company - incorporated under the laws of, and fiscally domiciled in, the People’s Republic of China. The assessee had f..

Posted in Taxation |   1141 hits

Salary paid to expatriate from Head Offie to Branch was an expenditure to be fully allowed without restriction of section 44C of the Act

 06 August 2012

It is, thus, evident that DTAA recognizes the fact that the amendments made in the IT Act are not affected in so far or they are not in conflict with the specific provisions of the DTAA. Therefore we are of the view that the amendment made in sect..

Posted in Taxation |   1318 hits

Investment under section 69B cannot be required to be estimated and cannot be deemed to be income so there is no invocation of section 142A

 06 August 2012

Facts, in brief, as per the relevant orders are that return declaring income of `.39,90,410/- was filed by the assessee on 18th July, 2006. Subsequently on 26th April, 2007, a search u/s 132 of the Income Tax Act 1961, (hereinafter referred to as the..

Posted in Taxation |   1905 hits

Service Tax paid by the assesee cannot form part of amount for the purpose of deemed profits under section 44BB

 03 August 2012

Adverting first to ground no.1 in the appeal , facts, in brief, as per relevant orders are that e-return declaring income of ``28,24,41,510/- filed on 29.09.2008 by the assessee, a foreign company having permanent establishment in India, was selected..

Posted in Taxation |   1590 hits