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Taxation Judgments and Orders

As per Rule 24 of Appellat Tribunal Rule miss communication of date of hearing can deserve the order to be recalle

 20 August 2012

By this miscellaneous application, the assessee is seeking recall of the order of the Tribunal dated 13-12-2010 passed ex-party in ITA No. 771/Mum/2009 on the ground that there was a miss-communication about the date of hearing by the articled clerk ..

Posted in Taxation |   998 hits

Penalty under section 271 must be based on concealment of the particulars of the income and furnishing inaccurate particulars

 18 August 2012

The brief facts of the case are that the assessee under the head “interest and other charges” had debited an amount of `.2056.50 lakhs on account of “guarantee & other charges”. During the assessment proceedings from the perusal of these details, the..

Posted in Taxation |   1440 hits

If expenditure incurred has direct nexus with its income generating apparatus can be claimed as revenue expenditure

 18 August 2012

Brief facts are: The assessee is engaged in the manufacturing of hardware made of brass such as electric switch cover, door handles and lock handles etc. Prior to this year the assessee was into exports of these goods to U.S. market. During the year ..

Posted in Taxation |   933 hits

Order suffers from lack of reasoning and which is not a speaking order on which addition is made can be set-aside

 16 August 2012

That the Revenue has erred in law and on facts in adding the amount of ` `3,667/- which pertains to the difference in closing balance of amount receivable from M/s Heritage Resorts Pvt. Ltd. as per their books and as per our books of Accounts. Th..

Posted in Taxation |   1162 hits

Penalty under section 271(1)(c) must establish the receipt amount in dispute constitutes income of the assessee and part from the falsity of the explanation given by the assessee

 16 August 2012

A search and seizure operation was carried out on 5.10.2007 in the business and residential premises of Choksey group of businesses. Since the assessee had business connections with the group, his business and residential premises were also searched ..

Posted in Taxation |   1362 hits

Date of purchase of share has to be taken from the broker’s note and the period of holding is to be taken from the date of purchase and not from the date of dematerialization

 14 August 2012

From the case observe the following fact... The learned CIT (Appeals), erred in confirming the finding of the Assessing Officer in not considering the gains on the sale of shares of Rs. 4,89,18,734/- as long term capital gains and thereby also con..

Posted in Taxation |   1591 hits

In case of non appearance without application by appellant Rule 19 is applied

 14 August 2012

At the time of hearing, none has put in appearance on behalf of the assessee. Also, no adjournment application is on the record. Keeping in view these facts, we are of the opinion that the assessee is not interested in prosecuting its appeal. Therefo..

Posted in Taxation |   1292 hits

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 |   1473 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 |   1461 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 |   1277 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 |   1680 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 |   1054 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 |   1019 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 |   1196 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 |   1102 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 |   1558 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 |   953 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 |   1111 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 |   1294 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 |   1875 hits