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Taxation Judgments and Orders

As per Article 26(3) of Indo-US DTAA the AO cannot seek to invoke the provision of sec 40(a)

 09 June 2012

The facts as stated in the order of Assessing Officer as well as CIT(A) are that the assessee is in the business of inbound tour operation and it provides services to foreign tourists visiting the Indian subcontinent. The assessee does not have any b..

Posted in Taxation |   1582 hits

The appeal should be signed by the assessee otherwise it can be treated as absence of interest for prosecution and deserved to dismiss

 08 June 2012

No one was present on behalf of the assessee and no adjournment petition was also moved on behalf of assessee. At the time of hearing before us two defects were found in the receipt. Firstly the appeal is not signed by the Managing Director and secon..

Posted in Taxation |   969 hits

As per the CBDT circular issued on 09.02.2011 tax effect for filling appeal before Tribunal should be more than Rs. 3 Lakh

 08 June 2012

On the facts and in the circumstances of the case, the Ld. Commissioner of Income Tax (Appeals) has erred in :- Deleting the addition of ` 6,33,212/- made by the Assessing Officer on account of Long Term Capital Gain u/s. 50C(1) of the Income Tax..

Posted in Taxation |   1373 hits

Penalty under srec 271(1)( C ) cannot be imposed after disclosure of fact in the balance sheet

 07 June 2012

The fact of the is the applicability of provision of sec 271 (1) (C) of the Act.after disclosure of the fact in Balance Sheet...

Posted in Taxation |   2910 hits

Sec 36(1)(viia) applies to bad debts arising out of rural advance of a bank

 07 June 2012

We can find the facts of the case after considering the above as well as on law, the Learned CIT(A) has erred in confirming disallowance of provision for bad and doubtful debts to the extent of Rs.63,45,02,440 claimed by the appellant under the first..

Posted in Taxation |   2662 hits

Rule 8D is applicable subject to the ratio laid down by the HC of Bombay in its judgment and payment of interest under sec 234B,C depends upon coverage of sec 115JB

 06 June 2012

Assessee is in appeal before us. The Ld. Counsel for the assessee argued that applying Rule 8D for the year under consideration is against the ratio laid down by the Jurisdictional High Court of Bombay in the case of Godrej & Boyce Mfg. Co. Ltd. Vs D..

Posted in Taxation |   1707 hits

After dismissal of appeal for non prosecution appellant can recall the appeal only after showing proper cause and Tribunal can recall at its discretion

 06 June 2012

if the assessee through proper application can satisfy the Tribunal for such non appearance on the date of hearing, the Tribunal may at its discretion recall this order...

Posted in Taxation |   1087 hits

As per sec 11 of IT Act. if no contrary view taken by superior against the decision of coordinated branch cannot be setaside in the absence of proof

 05 June 2012

In the facts and circumstances of the case and in law the learned CIT(A) has erred in directing the AO to grant exemption u/s. 11 of the IT Act to the assessee when the status of the assessee that was held as “AOP” for the reasons as discussed in t..

Posted in Taxation |   1042 hits

Late deposit of TDS cannot be the reason of disallowance as per sec 40a(ia)

 05 June 2012

Facts, in brief, as per relevant orders are that return declaring income of ``12,75,862/- on a/c of short term capital gains and nil business income filed on 30.09.2008 by the assessee, after being processed u/s 143(1) of the Income-tax Act, 1961 (he..

Posted in Taxation |   2686 hits

Expenses to maintain relationship in business is allowable and rent received by sub-lessor cannot be treated as income of first lessor

 04 June 2012

On the facts and circumstances of the case and in law, the learned CIT(A) erred in upholding the action of the AO in disallowing an ad-hoc amount of Rs. 1,25,000/- towards gift expenses on the alleged ground that the gift expenses are not incurred wh..

Posted in Taxation |   1521 hits

As per IT circular May 15’2008 if the same issue in respect of the same assessee for other assessment year department cannot file appeal if tax effect less than 4 lakh

 04 June 2012

Before us, both the learned Representatives agree that the tax effect in the Revenue’s appeal is less than ` 3,00,000. As per CBDT Instruction no.3 of 2011, dated 9th February 2011, the appeal before the Appellate Rishabh Investments P. Ltd. Tribuna..

Posted in Taxation |   1068 hits

Declration of additional income by assessee cannot be disallowed under sec 10A without proper record

 02 June 2012

Briefly stated facts of the case are that the assessee company is engaged in the business of manufacturing of Soya Oil. In the case of Ruchi Soya Group, a search and seizure action u/s 132(1) of the Income Tax Act 1961 (the Act) was carried out by th..

Posted in Taxation |   1531 hits

TDS deposited before the filling of return cannot be disallowed under sec 40(a)(ia)

 02 June 2012

We find that the only grievance of the Revenue is that the amendment brought in the Income Tax Act u/s. 40(a(ia) was only effective from 1.4.2010 and not retrospective in nature..

Posted in Taxation |   2242 hits

After providing all information asked by ITO production of Books of Accounts under sec 44AD is not compulsory

 01 June 2012

The brief facts of this issue are that while doing the scrutiny assessment AO observed that “the assessee firm vas engaged in the business of developing and promoting. During the course of hearing, Sri Chakraborty, A/r of the firm, furnished various ..

Posted in Taxation |   1669 hits

After giving proper opportunity additional cannot be admitted as per sec Rule 46A except in the presence of sufficient cause preventing him to give earlier

 01 June 2012

An application for admission of additional evidence under Rule 46A of the IT Rules, whereby the AR filed copy of Bank A/c, passport and professional license issued to the firm in Dubai where Shri Sunil Bhatia, the Director of the appellant company is..

Posted in Taxation |   1435 hits

CIT must give proper opportunity of being heard to AO to explain the reason of his decision

 30 May 2012

At the time of hearing before us, the ld. DR appearing on behalf of revenue by pointing out the various observations made by AO and the ld. CIT(A) contended that ld.CIT(A) has given only 7 days for giving the Remand Report in respect of unexplained l..

Posted in Taxation |   1328 hits

Depreciation @ 50% on cars can be allowed only on the fulfillment of definition of Commercial Vechile

 30 May 2012

Brief facts relevant for adjudication of grounds No.1 & 2 are that the assessee is a company engaged in the business of manufacturing harness testers and measuring instruments. From the perusal of the Schedule of fixed assets forming part of the bala..

Posted in Taxation |   2061 hits

In the absence of interest of appellant Rule 19 of ITAT Rule 1963 is applied to dismiss the appeal

 29 May 2012

This case was listed for hearing before the Tribunal on 17-5-2012 and for this assessee was informed. Today i.e. on 17-5-2012 when the case was called on board, none appeared on behalf of the assessee nor any request for adjournment has been filed be..

Posted in Taxation |   1067 hits

Only on computer 60% depreciation is allowed not on networking equipment

 29 May 2012

On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in directing the Assessing Officer to allow depreciation @ 60% on ITG Networking equipments as against 25% allowed by the Assessing Officer..

Posted in Taxation |   2213 hits

If assessee do not received any notice than the decision taken cannot be consider as valid decision

 28 May 2012

At the time of hearing before us, it is stated by the learned counsel for the assessee that in this case, the notice of hearing was served by affixture. Thus, it is clear that no notice was actually received by the assessee ever. He further pointed o..

Posted in Taxation |   1121 hits