LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Taxation Judgments and Orders

Service Tax paid by the assesee cannot form part of amount for the purpose of deemed profits under section 44BB

 03 August 2012

Adverting first to ground no.1 in the appeal , facts, in brief, as per relevant orders are that e-return declaring income of ``28,24,41,510/- filed on 29.09.2008 by the assessee, a foreign company having permanent establishment in India, was selected..

Posted in Taxation |   1551 hits

Interest under section 244A to be computed on the gross including principal as well as interest

 03 August 2012

Briefly stated facts are that the AO has computed the interest u/s. 244A of the Act on the refundable amount without considering the interest incomes credited earlier in the tax computation statement as per the appeal effect order dated 21.06.2010. I..

Posted in Taxation |   4834 hits

The show cause notice must mention the order which CIT sought to revise otherwise ntice treated to be invalid

 01 August 2012

It was the submission by the ld. AR that the show cause notice issued u/s 263 of the IT Act on 23.01.2012 had not mentioned which order was erroneous nor had he mentioned the error in the assessment order. It was the submission that the show cause no..

Posted in Taxation |   1676 hits

Entry in the Bank Statement cannot be treated as unexplained under section 68 of IT Act

 01 August 2012

Facts, in brief, as per relevant orders are that e-return declaring income of ``32,780/- filed on 21.11.2006 by the assessee, engaged in the business of manufacturing and trading in home furnishing, after being processed u/s 143(1) of the Income-tax ..

Posted in Taxation |   2373 hits

Tribunal can examine whether there was any delay in filing after giving due notice and permitting the appellant to raise such contentions including filing such affidavits depends on circumstances

 31 July 2012

The Income Tax authorities made re-assessments on 28.12.2007. The order was carried in Appeal. The Appellant had objected to the assumption of jurisdiction under Section-147 of the Act by the A.O. and also objected to the addition of certain amounts ..

Posted in Taxation |   1045 hits

Judges do not make the law, they only discover or find the correct law” and, therefore, a rectification of mistake in an order can be allowed

 31 July 2012

By way of this appeal, the Assessing Officer has challenged correctness of Commissioner of Income Tax (Appeals)’s order dated 04.11.2011 in the matter of order u/s. 154 r.w.s. 143(3) of the Income Tax Act, 1961, for the assessment year 2005-06. The a..

Posted in Taxation |   1623 hits

Non prosecution can cause the appeal to be dismissed

 30 July 2012

Having regard to Rule 19(2) of ITAT Rules, 1963 and following various decision of the Tribunal including in the case of C.I.T. vs. Multiplan India (P) Ltd., reported in 38 ITD 320 (Del.) and the judgement of Hon’ble Madhya Pradesh High Court in the c..

Posted in Taxation |   1468 hits

Accounting Standard 14 is applicable only on ammalgation not on demerger

 30 July 2012

This petition has been filed under Sections 391 to 394 of the Companies Act, 1956 (the Act) by Sony India Private Limited (hereinafter referred to as petitioner/transferor company), in respect of a scheme of arrangement (scheme for short) between the..

Posted in Taxation |   2078 hits

Provision of section 194I is applicable only where there is relation ship of lesee and lessor

 28 July 2012

I have carefully considered the assessment order and the submissions made by the ld. AR in this regard. As per the facts of this case, the appellant company is a 100% subsidiary of the holding company M/s McCann-Erickson (India) Pvt. Ltd. M/s McCann ..

Posted in Taxation |   1967 hits

Exemption under section 54 is devoid on the basis that constructed houses and properties of members cannot be deemed to be purchased or constructed

 28 July 2012

Brief facts are that the assessee is a cooperative society engaged in the construction of about 476 flats. It has claimed that due to dispute between different groups of members, complaints were made for violation of cooperative group housing society..

Posted in Taxation |   1217 hits

Before passing any order provision of section 250(6) to be consider

 27 July 2012

At the time of hearing the ld. Counsel appearing on behalf of assessee has submitted a copy of the adjournment petition made before ld.CIT(A) dated 09.02.2011 and submitted that the ld. CIT(A)’s observations that no applications for adjournment were ..

Posted in Taxation |   1187 hits

Rebate under section 88E is to be allowed from tax computed under section 115JB

 27 July 2012

That without prejudice to Ground No. 1 above , the l earned Commissioner of Income Tax erred in holding that the Assessing Of f ice r failed to consider the applicability of provisions of sect ion 115JB of the Income Tax Act , 1961 when the tax payab..

Posted in Taxation |   2210 hits

Share accepted as consideration interest is dimeed to have accrued and allowable and guidlines RBI cannot be override by provision of IT on leas rent due from NPA

 26 July 2012

That the Ld. CIT(A) was unjustified in confirming the addition of Notional Interest of Rs.7.18 Crore allegedly due from M/s. V. B. Desai & Co. without any cogent reasons. 1.1. That the Ld. CIT(A) failed to appreciate that after the judgment of the Sp..

Posted in Taxation |   1134 hits

Sec 83 of Finance Act with sec 12A of Central Excise Act 1944 service tax is liability of the beneficiary subject to the condition where service provider accept the liability

 25 July 2012

The Petitioner Trust owns the premises at E-10, Block E, Inner Circle, Connaught Place, New Delhi (‘the premises’). The Petitioner leased out the said premises to the Respondent by a lease deed dated 25th April 2007. The lease was for an initial peri..

Posted in Taxation |   1593 hits

As per section 36(1)(vii) of the IT bad debts written off was liable to be allowed

 25 July 2012

The fact of the case is the whether the assessee eligible to allowed deduction for bad debt written off...

Posted in Taxation |   2084 hits

Computtion of discount on hypothical basis and applied monthly is not permissible because discount is not constant

 25 July 2012

At the time of hearing the ld.AR for the assessee submitted that the appeal filed by the assessee is barred by limitation by 41 days. It was submitted that the assessee has filed an affidavit for condonation of delay to which revenue has not raised a..

Posted in Taxation |   995 hits

AO should made proper classification before making addition and in PF condition under section 43B to fulfill to avoid addition

 23 July 2012

The circumstances of the case the Ld. C.l.T(A) was not justified in confirming the addition of Rs. 1,48,90,366/- with processing charges without properly appreciating the facts that all the receipts were not on account processing charges and other fa..

Posted in Taxation |   1261 hits

Deduction under section 80GGB cannot disallowed only on the basis not mentioned in the return

 21 July 2012

For that on the facts and in the circumstances of the case, the CIT (A) erred both in law and on facts in holding that the appellant was not entitled to deduction u/s 8OGGB only because the claim therefore was not made in the return or the revised re..

Posted in Taxation |   1812 hits

Provision of section 194I is applied only on the payment of Rent for deducting TDS

 21 July 2012

Assessee is a company established by the Govt. of Maharashtra and was incorporated on 31.5.2005 pursuant to the provisions of Section 131, 133 and 134 of Part-XII of the Electricity Act, 2003 relating to the reorganization of Maharashtra State Electr..

Posted in Taxation |   1661 hits

As per section 80 IC it is the net interest to be excluded from the eligible profit for calculation of deduction

 20 July 2012

The brief facts of the case are that search and seizure operation under section 132 of the Income-tax Act, 1961 was conducted on 10.5.2007 in M/s. U. Flex Ltd., Group of cases. The assessee was also covered under the search operation. In order to giv..

Posted in Taxation |   2116 hits