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Judgments and Orders

Loss suffered in foreign exchange due to fluctuation in foreign exchange liabilities is allowable as Income Tax Act

 25 April 2012

The fact and in the circumstances of the case and in law, the Ld. CIT(A) erred in deleting the addition of Rs.17,34,716/- made by the A.O. on account of foreign exchange loss claimed by the assessee without any supporting evidences. and in the circum..

Posted in Taxation |   1347 hits

Conversion of Lease hold tenure in to free hold tenure subject to the condition laid in the Transfer of Property Act

 24 April 2012

Though not recognized by the Transfer of Property Act, but became the reality of life in Delhi, and thus compelled the Government to recognize such transfers and legalize them. Way back in the year 1992, a conversion policy was notified as per which ..

Posted in Property Law |   4718 hits

It is the burden of the assessee to proof that the expenditure related to the business and depreciation on computer can be claimed at 60%

 24 April 2012

We have carefully considered the arguments of both the sides and perused the material placed before us. It is a settled law that the burden is upon the assessee to establish that the expenditure was incurred wholly and exclusively for the purpose of ..

Posted in Taxation |   1137 hits

Interest under sec 234B and 234C is payable for failure to advance tax in respect of tax payable under sec 115JA/115JB

 24 April 2012

At the outset, it was pointed out by the learned AR that only one issue is raised in the present appeal which is regarding disallowance made u/s 14A read with Rule 8D of IT Rules, 1962. The Assessing Officer has made disallowance u/s 14A with referen..

Posted in Taxation |   2348 hits

Before the assessment year 2008-09 provision of sec 14A(1) should apply instead of Rule 8D

 23 April 2012

The facts, in brief, are that in the assessment order the AO had noted that assessee had shown dividend income of Rs. 98,59,980/-, which is exempt. However, the assessee had not disallowed any expenditure for earning exempt income. The AO, therefore,..

Posted in Taxation |   1085 hits

Expenses not related to business or related to exempted income cannot be allowed under Sec 115WE subject to the condition subject to the condition under Rule 8D

 23 April 2012

The first issue in this appeal of assessee is against the order of CIT(A) confirming the disallowance of travelling expenses by treating the same as not being business expenses even though the Fringe Benefit Tax (FBT) liability was worked out u/s. 11..

Posted in Taxation |   1163 hits

As per the Patna High Court only because enter into transaction with non member by Co-op Society cannot disallowed the principle amount

 21 April 2012

The facts of the case as per SOF filed by the assessee, are that the Appellant Association is a mutual organization registered under the Maharashtra Co-op. Housing Society Act, 1960, affiliated to the Mumbai District Co-op. Housing Federation Ltd., f..

Posted in Taxation |   1482 hits

Condition laid under sec 92C(3) need to be satisfied in determining the arms length price in international transaction

 21 April 2012

That the Assessing Officer (‘AO”) erred on facts and circumstances of the case and in law in assessing the income of the Appellant under the normal provisions of the Income Tax Act, 1961 (the Act) at Rs. 17,52,18,050 against returned income of Rs 3,8..

Posted in Taxation |   1389 hits

For the want of prosecution appeal can be dismissed but assessee is at liverty to recall of the order only if permissible under the law

 19 April 2012

These appeals were originally posted for hearing on 09.11.2011 (vide AD card) and at the request of the assessee it was adjourned from time to time and finally posted for hearing on 04.04.2012 on which date none appeared on behalf of the assessee. Th..

Posted in Taxation |   1097 hits

As per the instruction issued by CBDT time to time tax effect should be minimum to file appeal with Tribunal and real tax effect only to be consider in calculating

 19 April 2012

We have perused the records and considered the rival contentions carefully. The dispute is regarding maintainability of appeals only on ground of low tax effects CBDT had been issuing circulars from time to time directing revenue authorities not to f..

Posted in Taxation |   1300 hits

Provision of sec 90(2) shall apply to the extent beneficial to the assessee

 18 April 2012

confirming the disallowance of interest of Rs. 32,30,685/-. The basis for the same, the reasons and also the working of the disallowance are in correct and improper.” By order dated 16.4.2009 the aforesaid ground of appeal was dismissed by the T..

Posted in Taxation |   1284 hits

Disallowance can be made under sec 14A and Rule 8D only after giving opportunity of being heard to the asseessee

 18 April 2012

The facts are that against the assessment order, the assessee filed an appeal before the CIT(A), wherein CIT(A) in order bearing no. CIT(A)/41/DCCC-38/IT 257/09-10 dated 14/12/2009 gave directions to the AO, saying, “ ......In view of the fact, the ..

Posted in Taxation |   1299 hits

Equipment belongs to vendor imported in to India cannot be transferred to other on winding up of the company

 17 April 2012

These two companies entered into a joint venture agreement on 14th July, 2003 for setting up a project in the State of Mizoram. After sometime, the company pulled out of it. They entered into a different relationship. The petitioning creditor agreed,..

Posted in Corporate Law |   1474 hits

Every loss of the Revenue as a consequences of order of AO cannot be treated as prejudicial to the Revenue and CIT must give reason to consider it unsustainable

 17 April 2012

From a rending of sub-section (1) of section 263, it is clear that the power of suo motu revision can be exercised by the Commissioner only if, on examination of the records of any proceedings under this Act, he considers that any order passed therei..

Posted in Taxation |   1011 hits

Penalty under sec 271(1) ( c ) can be imposed subject to the condition of concealment or inaccuracy in the particular provided by the assessee

 16 April 2012

In this appeal the assessee has raised various grounds, but only dispute is regarding the confirmation of levy of penalty u/s.271(1)(c) of the I.T. Act. The assessee has filed an appeal in the name of ‘Dimples Cine Advertising Pvt. Ltd.’, whereas the..

Posted in Taxation |   2250 hits

Payment in the nature interest under sec 2(28A) liable to deduct TDS under sec 40(a)(i)

 16 April 2012

Briefly stated facts of the case are that the assessee paid a sum of Rs.9,54,684/- to a foreign bank without deduction of tax at source. In the audit report, it was mentioned that it was a usance interest paid under the letter of credit and hence not..

Posted in Taxation |   1652 hits

In exercise of the power under Article 226 of the Constitution, the High Court cannot entertain belated claims unless the petitioner offers tangible explanation.

 16 April 2012

Facts: By notification the Government of India proposed the acquisition of 2275 Bigha and 18 Biswa land of village Kotla for planned development of Delhi. The husband of respondent No.1, who is said to have purchased 1000 sq. yards land forming par..

Posted in Civil Law |   1589 hits

Amount received from sister concern cannot be treated as unexplained only on the basis that sister concern shows lower profit

 12 April 2012

After hearing both the parties, we find that during assessment proceedings the AO noticed that the assessee has declared sales figure of Rs.1,34,45,538/-.The assessee was asked to file details of the sales and labour charges which were accordingly fu..

Posted in Taxation |   1430 hits

Branch which is not PE in respect of the business done out of the supplies made by foreign principal not taxable in India

 12 April 2012

On the facts and in the circumstances of the case and in law, the Ld. CIT(Appeals) erred in holding that the assessee branch is not the PE in respect of the business done out of the supplies made by foreign principal and accordingly, its business pro..

Posted in Taxation |   1164 hits

High Court not interfere with the judgment of trial court except in the presence of miss appreciation of evidence or wrong application of law

 11 April 2012

The prosecution alleged that on 30.12.2005 information was received through wireless, by police post East Uttam Nagar that a woman had been stabbed at RZB-36A, Pratap Garden. The SHO reached the spot and found that three or four police personnel from..

Posted in Criminal Law 2 comments |   1960 hits







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