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Judgments and Orders

Penalty under sec 271(1)( C ) cannot be imposed on a debatable issues

 22 May 2012

Briefly stated, the facts of the case are that the assessee wrote off a sum of Rs.19,48,743/- in its books of account towards Cafeteria expenses. On being called upon to explain as to how such deduction was claimed, the assessee submitted that the pr..

Posted in Taxation |   2562 hits

As per sec 66 under chapter V of Finance Act 1994 Service Tax is leviable on all service mentioned under sec 65 of the Act

 21 May 2012

Service Tax was introduced for the first time under Chapter V of the Finance Act, 1994. Section 66 of the Act was the charging section and it provided for the levy of service tax at the rate of five per cent of the value of the taxable services. “Tax..

Posted in Taxation |   1786 hits

GP ratio as per the audited accounts of the assessee is valid and princle of Resjudicat does not apply to IT proceedings

 21 May 2012

The grounds raised in the appeal by the Revenue read as under:- “1. That the Ld. Commissioner of Income Tax (Appeals) erred in law and on facts of the case in deleting the addition of ` 16,20,725/- by holding that the GP rate of 24.54% as shown by..

Posted in Taxation |   1868 hits

Rule 19(2) is applicable in the case where appellant is not interested in the proseqution

 21 May 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 23.3.2011 and 10.8.2011, the appe..

Posted in Taxation |   989 hits

Whether the grant of relief for specific performance will cause hardship to the defendant within the meaning of Section 20 (2)(b) of the Specific Relief Act, 1963

 19 May 2012

The suit in question was filed by the appellant against the respondent for specific performance of agreement for sale dated 18th April, 1996 in respect of agricultural land admeasuring 1 H. 61Are. at a price of Rs.51,000/. It was the case of the appe..

Posted in Civil Law 2 comments |   3360 hits

For claiming deduction under sec 80HHC condition are not compulsory and CIT can direct the AO to recompute the deduction

 19 May 2012

In the instant appeal, there are total three grounds. Ground No. 3 is general in nature. Ground Nos. 1 and 2 raises the same issue. Both impugn the directions issued by Ld. CIT (A) to the AO to re-compute the deduction u/s 80HHC in accordance with th..

Posted in Taxation |   1215 hits

Collection of sinking fund is a capital receipt and not liable to be taxed as revenue receipt

 18 May 2012

The Ld. Commissioner of Income Tax (Appeals) erred in law in treating `35,49,091/- as revenue receipt being the amount received from the flat owners and / or tenants for replacement of capital assets and shown as sinking fund in accounts which was co..

Posted in Taxation |   1806 hits

Provisions of Rule 8D are not ultra virus the provision of sec 14A and do not offend Article 14 of the Constitution

 18 May 2012

The assessee is a company engaged in the business of syndication of loans, placement of bond and other financial instruments. The assessee received dividend income of Rs. 21,09,430/-, which did not form part of the total income under the Act. In view..

Posted in Taxation |   1386 hits

Order of the court hving no jurisdiction over the matter can be set aside

 17 May 2012

The disputes that arose between the parties were referred to the Arbitral Tribunal constituted under Article 34.3 of the PSC. The challenge by the Petitioner to a partial Award dated 31st March 2005 of the Arbitral Tribunal, before the High Court of ..

Posted in Constitutional Law |   2342 hits

To recall a dismissed appeal for non proseqution sufficient cause should be shown

 17 May 2012

This case was listed for hearing before the Tribunal on 01-5-2012 and for this assessee was informed. Today i.e. on 01-5-2012 when the case was called on board, none appeared on behalf of the assessee nor any request for adjournment has been filed be..

Posted in Taxation |   1189 hits

Mere disallowing the claim of deduction is not a ground to proceed penalty under sec 271(1)( C )

 17 May 2012

Brief facts of the instant case are that the assessee filed its return on 31.10.2002. On 28.3.2008 the Assessing Officer passed assessment order. Made disallowance u/s 10A of the Income Tax Act (hereinafter to be referred to as the Act) by partly all..

Posted in Taxation |   1737 hits

Retirement benefit cannot be denied if the option exercise within the Limitation period

 16 May 2012

The petitioner joined as a teacher with MCD on 21.02.1994. Prior to that, the petitioner was working with the Department of Education, U.P, at Nainital. Clause 6 of Resolution No. 13891 dated 23.03.1987 of the respondent/ MCD reads as under:- “Eve..

Posted in Labour & Service Law |   3142 hits

Dismissed appleal for non proseqution can be recalled depend on the satisfied reason

 16 May 2012

Having regard to the facts stated above and keeping in view of the provisions of Rule 19(2) of the ITAT Rules as were considered by the Tribunal in the case of CIT vs. Multiplan (India) Ltd. reported in 38 ITR 320 (Del) and by the Hon’ble Madhya Prad..

Posted in Taxation |   1139 hits

As per sec 14A Rule 8D is applicable with effect from A.Y 2008-09

 16 May 2012

Facts of the case are that the assessee filed its return qua the assessment year on14.11.2006 declaring total income of Rs. 25,88,000/-. Also claimed dividend of Rs. 3,03,110/- as exempt from tax u/s 10(34) of the Act. However, the Assessing Officer ..

Posted in Taxation |   2009 hits

In the absence of proper ground delay cannot be condone with the AAIFR

 15 May 2012

It is the say of the petitioner that they applied for a certified copy of the order on the same date, which was received on 12.11.2010 but filed the appeal on 31.1.2011. Thus, it is not in dispute that the appeal is barred by time and is even beyond ..

Posted in Corporate Law |   2400 hits

EPF paid before the date of return cannot be disallowed as per Delhi High court decision and all expenses should be genuine to claim deduction

 15 May 2012

The brief facts of the case are that assessee during the year was engaged in the business of solar photo-voltaic wafers, cells, modules and systems etc. It has filed its return of income on 30th October, 2002 declaring loss of Rs.7,47,14,276. The cas..

Posted in Taxation |   1291 hits

If a machine manufacture with primary purpose than it would not be covered by entry 41A clause XXIII

 14 May 2012

By an interim order dated 6th July, 2009 in the case of Canon India Pvt. Ltd., it was directed that there shall be stay of the impugned demand. The said interim order has continued. In fact, the writ petition filed by Canon India Private Limited was ..

Posted in Taxation |   1112 hits

The decision taken by the AO with the support of the evidence cannot be avoid

 14 May 2012

The following are the brief facts which have given rise to the present petition. For the assessment years 2002-03 the petitioner filed a return of income in the status of a non-resident and declared property income and interest income therein. It wou..

Posted in Taxation |   1191 hits

Only on the basis that machine not liable to Claim depreciation penalty cannot be imposed under sec 271(1)( C )

 11 May 2012

The facts are that during the assessment proceedings, the A.O. noted that the assessee claimed depreciation @ 4O% on the block of assets of life saving equipment which included on addition of Rs.55 lakhs. The assessee furnished two bills in respect o..

Posted in Taxation |   1535 hits

Provision of sec 50B is applicable only on the sale done on slum basis

 11 May 2012

“On the facts and in the circumstances of the case and in law the Learned CIT (A) erred in upholding the order passed by the learned Assessing Officer applying the provisions of section 50B of the Income tax Act to sale of assets of the M Seal Divisi..

Posted in Taxation |   1708 hits