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Judgments and Orders

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 |   1098 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 |   1175 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 |   1493 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 |   1404 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 |   1109 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 |   1308 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 |   1289 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 |   1307 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 |   1496 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 |   1021 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 |   2266 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 |   1684 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 |   1603 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 |   1450 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 |   1178 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 |   1996 hits

Segmental accounts of the assessee is required in determination of assesses profit to total cost from international transaction

 11 April 2012

After considering the rival submissions and perusing the relevant material on record, it is observed that similar disallowance was made by the AO in the immediately preceding assessment year i.e. 2005-06. The Tribunal, vide its order dated 31-01-2012..

Posted in Corporate Law |   1444 hits

TDS not to be deducted on transaction of sale

 11 April 2012

At the very outset, the ld. counsel for the assessee contended that the AO passed order u/s.195(2) treating the assessee as in default by considering the price of the product as fees for technical services. He took us through the impugned order in wh..

Posted in Taxation |   1675 hits

The power of CIT under sec 263 subject to the condition that the order passed by the AO is erroneous and prejudicial to the interest of Revenue

 10 April 2012

The CIT thereafter issued notice dated 24.2.2009 under Section 263 of the Income Tax Act, 1961 (“Act” for short) recording the following reasons: “From the computation of income filed with the return, it appears that this profit on sale of proper..

Posted in Taxation |   1365 hits

Activities against the provision of the Article is to be treated as oppression and mismanagement and falls under sec 397/398 of the Companies Act.

 10 April 2012

This company was incorporated in 1948 with registered office at Calcutta. The authorized capital of the company was Rs. 10 lacs consisting of 4000 6% tax free redeemable cumulative preference shares of Rs. 100/-each and 6000 ordinary shares of Rs. 1..

Posted in Corporate Law |   1684 hits