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Lawyersclubindia Judiciary

As per the natural justice AO must be given opportunity to rebut the claim in pursuance of fresh evidence produced before him

 28 December 2011

That, on the facts and circumstances of the case, the Ld. C.I.T.(A) has erred in law in accepting fresh evidences filed by the assessee without calling for remand report from the AO, which is in contravention of the provision of Rule 46.” Same common..

Posted in Taxation |   762 hits

Order passed under Sec 144 is void ab initio in the absence of service of notice as mention under sec 282 and penalty will not survive if the case restored in the AO file

 28 December 2011

ITA No. 3871/Mum/2008 filed by the assessee is directed against the order dated 8.2.2008 of the Commissioner of Income Tax (A)- XXII, Mumbai relating to Assessment Year 2004-05. ITA No. 87/Mum/2010 filed by the assessee is directed against the order ..

Posted in Taxation |   2542 hits

If the tax effect is less than minimum than it can be avoidable

 28 December 2011

In appeal for the assessment year 2001-02, the Revenue assails deletion of additions of Rs.3,60,000/- and Rs.1,56,388/- made by the ld. CIT(A). During the course of hearing, it was admitted by the ld. DR that the tax effect in this case was less than..

Posted in Taxation |   901 hits

Interest bearing fund can be invested in share of another company and the expenditure on investment can not be disallowed under sec 14A

 28 December 2011

Facts of the case in brief are that the A.O. during the course of assessment proceedings noted that the assessee has earned exempt dividend income of Rs. 4,63,50,000/- on investments made. He noted that the assessee has borrowed interest bearing fun..

Posted in Taxation |   1193 hits

P & L Account, Balance Sheet, IT Return Bank Statement and Confirmation from lender is enough to disclose the details of unsecured loan

 27 December 2011

This appeal by assessee is arising out of order of CIT(A), Durgapur in Appeal No.75 / CIT(A)/DGP/2009-10 dated 28.02.2011. Assessment was framed by ITO, Ward-1(3), Durgapur u/s. 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”..

Posted in Taxation |   884 hits

Rule 10 says any fact should be supported by affidavit and Rule 29 says additional evidence can be submitted only when Tribunal consider fit

 27 December 2011

The facts are that the assessee filed his return on 30.07.2007 declaring total income of Rs. 3,81,368/-. The return was processed u/s 143(1) at the returned income. Thereafter, the case was taken up for scrutiny. The assessee has derived salary incom..

Posted in Taxation |   994 hits

Non appearance on the date of hearing may cause the appeal dismissed

 27 December 2011

The appeal was filed on 08.12.2010 when an acknowledgement cum- notice was served on the bearer under which the appeal was fixed for hearing on 10.02.2011. None attended on that date. Thereafter, another notice dated 07.10.2011 was served on the asse..

Posted in Taxation |   858 hits

In order to apply sec 41 (1) assessee should have obtained deduction in the assessment in any year in respect trading liability incurred by the assessee

 27 December 2011

Brief facts of this issue are that during the year, the company has written off unsecured loans to the tune of Rs.52.75 lakhs and it is mentioned in the schedule-L i.e., notes forming part of accounts that there was no claim from the loan creditors a..

Posted in Taxation |   2331 hits

CIT can not directed AO for disallowance under sec 14A by invoking Rule 8D of the IT Act.

 26 December 2011

The above appeal is filed by assessee against the order dated 01.06.2009 of the ld. CIT-XII (Admn.), Kolkata pertaining to A.yr. 2005-06. This appeal is against order u/s 263 of the IT Act wherein the ld.CIT(Admn) has directed the AO to make disa..

Posted in Taxation |   1114 hits

Telephone Link expenses are excluded from Fringe Benefit Tax under sec 115WB (2) (J)

 26 December 2011

The present appeal is filed by the revenue against the ld. CIT(A)’s order dated 22.11.2010 passed in the matter of an assessment made by the Assessing Officer u/s 115WE(3) of the Income Tax Act, 1961 for the A.Y. 2006-07. The only ground raised by th..

Posted in Taxation |   1123 hits

If interest on deposit is earned on accrual basis than it should be added in the income of the relevant year and in case of receipt basis than in the current year

 26 December 2011

I have heard Ld. DR Shri R. Gupta and gone through facts and circumstances of the case. I find that the assessee has purchased fixed deposit from ITC Classic Finance Ltd. On 27.06.1995 vide receipt no. 02/199506/53666C/53667C/53702C at Rs.12,600/- (i..

Posted in Taxation |   1693 hits

Assessee having right to contest levy of penalty apart from the findings recorded in the assessesment order

 26 December 2011

This appeal filed by the assessee is directed against the order passed by the CIT(A) dated 2nd June, 2011 for Asstt. Year 2005-06. The grounds of appeal read as under: “That order passed u/s 250(6) of the Income Tax Act, 1961 by the ld. CIT(A)-II,..

Posted in Taxation |   774 hits

Details must be provided of Interest on loan and the salary paid to partner as prescribed in the Act is allowed whether he is absent at the time of survey

 17 December 2011

In completing the assessment, the assessing authority has made addition of ` 49,534/- as disallowance of interest attributable to loan creditors. The assessee’s books of accounts contained loan credits brought down from the earlier assessment year an..

Posted in Taxation |   1644 hits

In case of loan the lender identity must be deposited at assessment and repair expenses of office vehicles are disallowed up to 5% if used partly for personal use

 17 December 2011

The first ground relates to addition of Rs.13,77,000/- made u/s 68 by the AO. During the assessment proceedings the assessee was asked by the AO to prove the identity of the lender, genuineness of the transaction and creditworthiness of the lender in..

Posted in Taxation |   1218 hits

High court have the power to determine the disputed question involved in the matter

 17 December 2011

Petitioner Ram Baran Ram has filed instant petition of writ asking for a relief for quashing of FIR of Gaunaha P.S. Case No.23 of 2009 arising out of Special P.S. Case No.25 of 2009 as well as Gaunaha P.S. Case No.01 of 2010. The shorn of unnecessar..

Posted in Criminal Law |   2026 hits

Decision of AICTE for running institution can be implemented only before the commencement of academic session

 16 December 2011

The petitioners are aggrieved by the communications dated 5/10/2011 and 21/10/2011 whereby the petitioners are informed that the All India Council for Technical Education (AICTE) as well the Appellate Committee of the AICTE respectively, have decline..

Posted in Civil Law |   2181 hits

If the tax liability is below minimum than the transaction unexplained and income can be exempted

 16 December 2011

The tax effect in this case is found to be less than `.3 lac, the limit prescribed under Instruction No. 3/2011 dated 09.02.2011 and when ld. DR was apprised of this fact, he could not controvert the same and he was also unable to show that the case ..

Posted in Taxation 1 comments |   2033 hits

Cash assistance is to be taxed under the head Income from Business

 16 December 2011

The ground raised by the assessee is that the Commissioner of Income Tax(Appeals) has erred in confirming that cash assistance is taxable in the hands of the assessee. It is the case of the assessee that the Commissioner of Income Tax(Appeals) himsel..

Posted in Taxation |   1561 hits

Sec 234D of Income Tax Act for charging interest on excess refund is applicable only from AY 2004-05

 16 December 2011

In brief, the factual background giving rise to the impugned dispute can be summarized as follows. By a letter dated 18.12.2006, it was pointed out by the assessee that a refund of Rs 6,78,32,796/- was received by it on 1.4.2006 in consequence of the..

Posted in Taxation |   3284 hits

As per the Supreme Court order NPA of a Company defaulting in repayment of loan can be assigned for the debt

 15 December 2011

A. The grievance relatable to IFCI Ltd. (appointed as the operating agency by BIFR vide order dated 08.08.2005 with a mandate to prepare a scheme for revival of the „Company‟) that it being one of the five secured creditors of the „Company‟, IFCI Ltd..

Posted in Corporate Law |   3920 hits







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