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Taxation Judgments and Orders

After amendment of sec 36(1)(vii) of IT Act 1961 in order to obtained deduction for bad debts it is not necessary to established that the debt is irrecoverable

 27 January 2012

In this appeal the Revenue has raised three grounds, wherein ground nos. 2 and 3 are general in nature and do not survive for adjudication. The remaining lone issue raised by the Revenue reads as under: 1) The Ld. CIT(A) has erred in law and on fa..

Posted in Taxation |   1674 hits

If after filling appeal the assessee is not interest to appear on hearing without application for adjournment it can cause dismissal of the appeal

 27 January 2012

This appeal was fixed for hearing on 16.01.2012. However, despite notice, none appeared on behalf of the assessee nor has it moved any application for adjournment. It is, therefore, presumed that the assessee is not interested in prosecuting its appe..

Posted in Taxation 1 comments |   1140 hits

Validity of the reopening of the assessment should be judged with reference to the reason recorded by AO under sec 148(2

 25 January 2012

The petitioner is a private limited company. In respect of the assessment year 2004-05 it filed a return of income on 27.10.2004 and the same was processed under Section 143(1) of the Act on 31.12.2004. Thereafter, on 28.3.2011 the respondent issued ..

Posted in Taxation |   1400 hits

In case the nature of the appeal is academic it can cause withdrawal of the appeal

 25 January 2012

Respectfully submits that pursuant to the order of Ld. CIT, the assessment order has been passed by the Ld. AO and Ld. AO did not make any addition in the assessment order. Copy of assessment order is enclosed herewith. Hence the present appeal remai..

Posted in Taxation |   1363 hits

In case the AO have any doubt about the creditworthiness of individual than he can verified from his personal IT file

 24 January 2012

The AO was not satisfied about the source of the money introduced as capital. He, therefore, added the same to income. During the remand proceedings, the appellant produced all the five partners before the AO for examination. One partner had expired ..

Posted in Taxation |   899 hits

Search under sec 132 of IT if found any company related document any persons possession and whose name stated as MD if not disclosed than penalty can be imposed on him

 24 January 2012

A search was carried out u/s.132(2) of the I.T.Act, 1961 on 20/08/2004 in Vimal Group of cases and thereupon these assessments were made u/s.153A(b) of the I.T.Act. During the course of search, a data file of “ACME Company” was found and seized from ..

Posted in Taxation |   1289 hits

Marketability test is compulsory to be fulfilled for completing the definition of manufacturing under central excise rule

 23 January 2012

The assessee had been paying Central Excise duty on the PMB processed at their factory in Mumbai but had not paid the same for the conversion done at the work site. Consequently, a show cause notice was issued to them by the Commissioner of Central E..

Posted in Taxation |   1041 hits

If in an independent appraisal in penalty proceedings if it proved that assessee provide inaccurate than penalty can be imposed under Sec 271

 21 January 2012

The facts leading up to the levy of penalty may be noticed in brief. The assessee is a domestic company. In respect of the year under appeal, it filed a return of income on 27th November, 2000 declaring income of Rs.1,43,40,680/-. The return was firs..

Posted in Taxation |   1147 hits

As per Rule 3 manufacturer who intends to use goods at concessional rate should make application to Asst or Deputy Commissioner of Central Excise

 20 January 2012

The facts very briefly are that the appellant produces inter alia Reduced Crude Oil (for short “RCO”). By Notification No. 75/84-CE dated 01.03.1984, the Central government in exercise of its powers under Sub-Rule 1 of Rule 8 of the Central Excise Ru..

Posted in Taxation |   846 hits

Fine paid to custom authorities is penalty under sec 167 (8C) of Custom Act. and it cannot be treated as loss incurred from business

 20 January 2012

On the facts & in the circumstances of the case & in law, the Learned Commissioner of Income-tax (Appeals) erred in confirming the disallowance of Rs. 12,46,272/- made by the Learned Assessing Officer on interest free advances made to sister concerns..

Posted in Taxation |   1883 hits

PAN number is compulsory for TDS Return except reasonable cause involved and penalty under sec 272B cannot attract in such cause

 19 January 2012

Briefly stated the facts are as under. The assessee is a cooperative bank engaged in the banking business. For the first quarter of financial year 2007-08, the assessee has filed its TDS returns without quoting the PAN numbers of deductees in 1933 ca..

Posted in Taxation |   1711 hits

Before Rule 8D came in to existence AO is duty bound under sec 14A(1) to determine the expenses related to exempted income

 19 January 2012

Briefly stated facts of the case are that the assessee company is engaged in the business of Trading in Electric Motors, Fans, Laboratory equipments and generation of Wind Power filed return declaring total income at Rs.11,60,151/-. During the course..

Posted in Taxation |   1111 hits

Modvat credit scheme : allowing credit to the manufacturers for the excise duty: Rule 57-A

 18 January 2012

Facts: The appellant – assessee, a body corporate, are in the business flexible packaging, is engaged in the manufacture of various types of packaging machines, classified under Central Excise Tariff Act, 1985 (for short “the Tariff Act”). - The ass..

Posted in Taxation |   2459 hits

Filling of appeal in the High Court against order of ITAT have no effect as High Court neither can set aside nor can give stay

 18 January 2012

That on the facts and circumstances of the case, Ld.CIT(A)-VI, Kolkata has erred in law as well as on facts by deleting the addition of excess depreciation claimed of Rs.1,61,95,130/- by relying upon the decision of the Hon’ble ITAT in the case of th..

Posted in Taxation 1 comments |   1488 hits

In case of inheritance if asset were acquired by the previous owner before 1st April 1981 than indexation should be based on the financial year 1981 to 1982

 18 January 2012

This is an appeal filed by the revenue. It is directed against the order passed by the CIT (A) dated 3rd February, 2011 for Assessment Year 2006-07. The grounds of appeal read as under:- On the facts and circumstances of the case, learned CIT (A)..

Posted in Taxation |   966 hits

If the tax effect involved excluding interest is less than 3 lacs than Revenue cannot prefer appeal against assessee before ITAT

 17 January 2012

We have heard both sides. The CBDT, vide above instruction has clearly laid down that the revenue should not prefer appeals against assessees before ITAT if the tax effect involved in the appeal, excluding interest, is less than Rs. 3 lacs. The tax p..

Posted in Taxation |   977 hits

Order passed in breach of principle of natural Justice is to be quashed or set-aside

 17 January 2012

The Ld. Commissioner of Income Tax (Appeals) [hereinafter referred to as “CIT (A)”] erred in passing the order dated 22.03.2010 upholding the order of the Ld. AO without affording the Appellant proper opportunity of being heard. Therefore, the order ..

Posted in Taxation |   1283 hits

Where separate books of accounts are not maintained by the assessee for providing separate service than exemption under sec 10(23C)(iv) is not available

 17 January 2012

The ld. Commissioner of Income — tax (Appeals), ! XXXIII, Mumbai [“ld. CIT (A)”], erred in not adjudicating the ground raised by the Appellant challenging the action of the Assessing Officer [“A.O.”] in reassessing the income of the Appellant by invo..

Posted in Taxation |   1309 hits

Written off of sundry parties may not cause initiation of penalty under sec 271(1)(c) of IT Act

 16 January 2012

Facts in brief as emerged from the corresponding assessment order passed u/s.143(3) of the I.T. Act, 1961 dated 31/01/2006 and the penalty order passed u/s.271(1)(c) of the I.T.Act, 1961 dated 31/03/2008 were that the addition in respect of write off..

Posted in Taxation |   1152 hits

Rule 8D is not applicable on the Assessment year before Rule 8D come in to force

 13 January 2012

After hearing the rival submissions and on careful perusal of materials available on record keeping in view of the fact that since the assessment year involved in this appeal is relating to A.Yr. 2004-05 as per the decision of the Hon’ble Bombay High..

Posted in Taxation |   1117 hits