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Taxation Judgments and Orders

If a machine manufacture with primary purpose than it would not be covered by entry 41A clause XXIII

 14 May 2012

By an interim order dated 6th July, 2009 in the case of Canon India Pvt. Ltd., it was directed that there shall be stay of the impugned demand. The said interim order has continued. In fact, the writ petition filed by Canon India Private Limited was ..

Posted in Taxation |   1049 hits

The decision taken by the AO with the support of the evidence cannot be avoid

 14 May 2012

The following are the brief facts which have given rise to the present petition. For the assessment years 2002-03 the petitioner filed a return of income in the status of a non-resident and declared property income and interest income therein. It wou..

Posted in Taxation |   1118 hits

Only on the basis that machine not liable to Claim depreciation penalty cannot be imposed under sec 271(1)( C )

 11 May 2012

The facts are that during the assessment proceedings, the A.O. noted that the assessee claimed depreciation @ 4O% on the block of assets of life saving equipment which included on addition of Rs.55 lakhs. The assessee furnished two bills in respect o..

Posted in Taxation |   1491 hits

Provision of sec 50B is applicable only on the sale done on slum basis

 11 May 2012

“On the facts and in the circumstances of the case and in law the Learned CIT (A) erred in upholding the order passed by the learned Assessing Officer applying the provisions of section 50B of the Income tax Act to sale of assets of the M Seal Divisi..

Posted in Taxation |   1666 hits

AO is right in position to disallow the unexplained cash credit and unexplained investment

 10 May 2012

Briefly stated facts of the case are that the assessee an individual derives income from salary, business income and other sources. The assessee’s business premises as well as residential premises were searched u/s 132 of the Income Tax Act, 1961 (th..

Posted in Taxation |   1271 hits

Deduction claimed under sec 80 O cannot include sundry expenses

 10 May 2012

DEDUCTION U/S 80-O:- the assessee was requested to prove their claim for deduction u/s. 80-O with documentary evidences in their favour. The assessee vide letter dt. 11.03.2002 has submitted as under (as extracted):- M/s Galana, Madagascar had app..

Posted in Taxation |   1290 hits

Penalty under sec 271(1) cannot be reduced more than 100% of the tax sought to be evade

 09 May 2012

The Assessee is a finance and investment company. For the Assessment year under consideration for which the relevant previous year was the period between 1-4-1992 to 31-3-1993, the assessee company filed its return of income on 31.12.1993 declaring t..

Posted in Taxation |   1358 hits

If an issue decided consistently in a particular manner for earlier assessment years than rental income from factory building is to be treated as business income

 09 May 2012

We have heard the submissions of both the parties and perused the material available on record and the judgments cited by both sides. We find that the judgment of Hon'ble Apex Court rendered in the case of East India Housing and Land Development Trus..

Posted in Taxation |   1206 hits

Short term and long term capital gain from portfolio investment cannot be treated as business income

 08 May 2012

These two stay applications are connected and issues are similar. These stay applications are preferred by assessees on the issue whether the long term capital gains and short term capital gains offered should be treated as business income or profess..

Posted in Taxation |   2102 hits

.If a business closed or open but ceased with no intention to resume than assessee is responsible to proof his seriousness in reviving the business

 08 May 2012

JCIT (OSD)-1(1), Room No.533 & 579, Aayakar Bhavan, Mumbai-400 020 (Appellant) Vs. M/s. Good Value Marketing Co.Ltd. 3rd floor Indl. Assurance Bldg., Churchgate, Mumbai-400 020 PAN NO: AAACG 4925 D (Respondent) ..

Posted in Taxation |   1320 hits

After filing appeal if appellant feel that the tax effect is not significant he can withdraw with prior approval

 07 May 2012

The captioned appeal is fixed for hearing before the Hon’ble ‘G’ Bench today. The appellant has received partial relief. As the tax effect of the remaining issue is not significant, the appellant does not wish to pursue the appeal. In the circumstanc..

Posted in Taxation |   1012 hits

Rule 8D is prospective and effective only from the assesseement year 2008-09

 07 May 2012

The only ground of appeal shows the grievance of the appellant against the order of the Ld. CIT(A)-39, Mumbai. who held that the interest to the tune of Rs..41,05,081/- should be considered for working out the disallowance u/s.14A of the Act. Briefly..

Posted in Taxation |   1101 hits

Quantum of deduction under sec 80HHC under the provision of sec 115JB limited to relief certified by the Chartered Accountant

 05 May 2012

On the facts and in the circumstances of the case, the learned CIT (A) has erred in law and on facts in deleting the disallowance made by the Assessing Officer on account of N deduction claimed by the assessee u/s 80HH of the Income Tax Act, 1961...

Posted in Taxation |   1484 hits

If the order under sec 263 does not survive than the assessment order made under that sec also not survive

 05 May 2012

We have heard both the sides and perused the material placed before us. The facts of the case are that the impugned appeal has originated from the assessment order dated 28.12.2010 which was passed by the Assessing Officer in pursuance to the order u..

Posted in Taxation |   1197 hits

In the absence of cooperation from assessee Ld CIT will be free to adjudicate the appeal on merit basis

 04 May 2012

Referring to the grounds of appeal, it was submitted by the learned AR that the assessee had reasonable and sufficient cause for non-appearance before CIT (A) as Shri Ajay Gupta was suffering from high blood pressure. He submitted that otherwise also..

Posted in Taxation |   1179 hits

Depreciation on computer can be claimed at 60%

 04 May 2012

The return of income in the present case was filed at a loss of Rs.19,03,733/-. The only addition made to that loss is regarding depreciation claimed on computers which is granted by the Assessing Officer @15% as against the claim of the assessee of ..

Posted in Taxation |   1635 hits

AO is to be treated as in default under Rule 46A while not accepting additional evidence

 03 May 2012

The facts, in brief, are that the assessee is a Doctor by profession and also a partner in Shushrusha Hospital & ICU. During the year under consideration, the assessee filed his return of income declaring total income at Rs. 2,94,000/-. Subsequently,..

Posted in Taxation |   1464 hits

Non appearance deserve the appeal to be un-admitted as per the provision of Rule 19 and appellant can recall after explaining the reason

 03 May 2012

. In the case of Commissioner of Income-tax vs. Multiplan India (P) Ltd.; 38 ITD 320 (Del), the appeal filed by the revenue before the Tribunal, which was fixed for hearing. But on the date of hearing nobody represented the revenue/appellant nor any ..

Posted in Taxation |   1040 hits

Company engage in purchasing and selling of securities can be treated as business activity

 02 May 2012

From the observation we can find the following fact.. The assessee is a company engaged in management consultancy, implementation of internal controls, system audits, arranging finance from financial institutions and financing and advisory services ..

Posted in Taxation |   1359 hits

Tax effect should be minimum otherwise appeal deserved to be dismissed

 02 May 2012

That being so and in view of the recent CBDT Instruction No. 3 of 2011 dated 9th February, 2011 reported in (2011) 332 ITR 1 (Statutes) and the ratio of the decision of the Hon’ble Jurisdictional High Court in the case of CIT v. Madhukar K. Inamdar (..

Posted in Taxation |   1180 hits