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Taxation Judgments and Orders

Advance received must be examined whether revenue or not to tax and the Limit for sec 194H for Professional is Rs. 10 lakh depend on A.Yand opening have restriction of sec 150(2)

 04 July 2012

Briefly stated, assessee is an Actress and showed gross receipts of `30,92,000/- in her income expenditure statement. She has shown an amount of `35,75,000/- as advance received. AO on noticing that assessee is following cash system of accounting bro..

Posted in Taxation |   1441 hits

Non appearance of the appellant can leade the to appreciation of Rule 19 of Appeallate Tribunal Rules of 1963

 04 July 2012

After informing that matter will be heard on a particular date, no one appeared on behalf of assessee. Nor there is any application for adjournment. In view of above, it appears that assessee is not interested in prosecuting this appeal. Hence this a..

Posted in Taxation |   944 hits

No deduction to be made from Transport charges under sec 40(a) after filling of declaration in form 15J and reimbersment of service charges cannot be disallowabled

 03 July 2012

For that in the facts and circumstances of the case the assessment order passed was in violation of principles of natural justice hence is bad in law and be quashed. (2) For that in the facts and circumstances of the case the learned Assessing Office..

Posted in Taxation |   1339 hits

Sec 115JB not contained any provision to allow deduction under sec 54EC

 02 July 2012

The main fact of the case is that there is no provision in section 115JB to allow deduction under section 54EC of the Act. Computation of book profit is provided under section 115JB, which is a separate code by itself, wherein the first step is to co..

Posted in Taxation |   1464 hits

Accepting the additional evidence without calling remand report of AO is the violation of Rule 46A of the IT Rules

 02 July 2012

The facts filed before the first appellate authority indicate that the assessee was retired from Ministry of Defence as Defence Estate Officer long back, from where he was getting his pension. After retirement he had started his own business of sale ..

Posted in Taxation |   1123 hits

Sec 234D is applicable only on regular assessment year and difference in depreciation due to exchange rate need to transfer to PL account as per AS-11.

 30 June 2012

That on facts and in law, the CIT(A) erred in upholding disallowance of additional depreciation to the tune of Rs. 4,05,12,853 and Rs. 1,52,73,164 on plant and machinery and tippers respectively without appreciating that the appellant was engaged in ..

Posted in Taxation |   1606 hits

After the amendment in Section 36(1)(vii), the assessee is not required to demonstrate that the debt is bad

 30 June 2012

We find that the AO has not given any reason for disallowing the claim. We also find that the AO has simply followed the findings of earlier assessment years. As similar additions in earlier assessment year has been deleted by Ld. CIT(A) which has be..

Posted in Taxation |   1069 hits

Income which cannot be taxed under article 7, 12 or 14 because conditions laid down therein are not satisfied cannot be taxed under article 23

 29 June 2012

Whether on the facts and in the circumstances of the case, the learned CIT(A) was correct in holding that consultancy fees paid to Singapore based foreign company were not chargeable to tax in India, as well as the applicability of section 40(a)(ia) ..

Posted in Taxation |   1232 hits

All receipt of establishment in India by a non-resident is taxable only if the income is incurred in India as per the DTAA between the countries

 29 June 2012

The learned counsel for the assessee at the very outset submitted that in the immediately preceding assessment years, Assessing Officer has accepted the existence of PE as well as the profit attributable to such PE. Hence, income of the assessee has ..

Posted in Taxation |   856 hits

As per Rule 19(2) of ITAT Rule 1963 appeal can be dismissed in the absence of interest of appellant

 28 June 2012

Having regard to Rule 19(2) of ITAT Rules, 1963 and following various decisions of the Tribunal including in the case of CIT vs. Multiplan India (P) Ltd., reported in 38 ITD 320 (Del.) and the judgment of Hon’ble Madhya Pradesh High Court in the case..

Posted in Taxation |   1102 hits

Non appearance without application for adjournment can make the appeal deserve to be dismissed

 28 June 2012

None appeared on behalf of the assessee when the appeal was called for hearing nor any request for adjournment was filed. Earlier also none appeared on behalf of the assessee on 21.2.2012. In these circumstances, it , therefore, appears that the asse..

Posted in Taxation |   1421 hits

Where income is taxable on receipt basis it will be taxed only on actual received and interest under sec 234B and C also have same effect

 26 June 2012

The facts of the case for assessment year 2003-04 are that the assessee filed its return on 28.11.2003 showing total income of ` 2,45,83,770/-. The assessee is tax - resident of the USA and it is earning income of the nature of the royalty from Yum R..

Posted in Taxation 1 comments |   3251 hits

As per instruction 3/2011 issued by CBDT on 09.02.2011 if tax effect less than 3 lakh appeal cannot be made before Appeallat Tribunal

 26 June 2012

At the threshold, we note that tax effect in this case is less than `3 lacs fixed by the CBDT for filing appeal before the tribunal. As per Instruction No. 3/2011 (F.No. 279/Misc./142/2007-ITJ) dated 09.02.2011 issued by the CBDT, the tax effect for ..

Posted in Taxation 3 comments |   2730 hits

Application under sec 12AA/80G cannot be rejected without giving opportunity for submission of all documents

 25 June 2012

Brief facts of the case explained below: The assessee moved applications u/s 12A(1)(aa) and U/s 80G(5)(vi) of the Income Tax Act. The applications were accompanied by a copy of trust deed dated 27-12-2010 to the CIT, Rohtak on 9-3-2011. CIT calle..

Posted in Taxation |   3089 hits

Deduction under sec 36 (1) (iii) of the Act is allowed only after proving that the borrowed fund is utilized for business purpose

 25 June 2012

From the observation of the Judgment we can find the fact that the interest paid by the assessee on borrowed fund can claim as deduction only if the fund is utilized for business purpose...

Posted in Taxation |   2895 hits

AO can made addition under sec 14A read with rule 8D the dividend received from investment out of surplus fund

 23 June 2012

This appeal of the assessee is directed against the order passed by the CIT (A)- IV, New Delhi, dated 17.02.2012, relevant to assessment year 2008-09, whereby confirmation of addition of Rs.2,56,019/- on account of estimated expenditure u/s 14A of th..

Posted in Taxation |   1502 hits

If proper source of capita and share premium is not shown than addition can be made under sec 68 of IT Act

 23 June 2012

On the facts and in the circumstances of the case and in law, the CIT(A) has erred in deleting the addition of Rs.9,96,50,000/- made by the Assessing Officer u/s 68 of the I.T. Act, 1961 being the unexplained share capital and share premium of Rs.1,0..

Posted in Taxation |   1459 hits

Appeal dismissed under Rule 19 can be recalled by the appellant after showing proper reason of non proseqution

 22 June 2012

From the judgment it is cleared that the assessee is not interested in the prosecution of this appeal. Considering the facts and keeping in view the provisions of Rule 19 of the Income Tax Appellate Tribunal Rules, as were considered in the cases of ..

Posted in Taxation |   1135 hits

Non appearance for proseqution after issuing notice under sec 143 & 142 than the assessement is to be done as per sec 144

 22 June 2012

None appeared on behalf of the assessee when the appeal was called for hearing nor any request for adjournment was filed. Even before the Assessing Officer[AO in short], none appeared while last notice dated 9.12.2010 issued u/s 143(2) & 142(1) of th..

Posted in Taxation |   1228 hits

Whether addition can be made on items in respect of which no incriminating material is found in search in assessement under sec 153A

 21 June 2012

Opinion amongst different benches of the Tribunal in respect of scope of assessment framed u/s 153A, i.e. whether addition can be made on items in respect of which no incriminating material is found in search. The decisions in favour and against of t..

Posted in Taxation |   1312 hits