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Taxation Judgments and Orders

Expenditure incurred as a measure of value addition is to be treated as revenue expenditure

 30 December 2011

The assessee is converting scrap iron into MS steel. In the previous year relevant to the impugned assessment year, the assessee proceeded further to improve the value addition by converting MS steel again into TMT steel. In that process, the assesse..

Posted in Taxation |   1487 hits

The appeal emanates from revisional order under sec 263 which struck down by the Tribunal will not survive

 30 December 2011

At the time of hearing, it was brought to our notice that this appeal emanates from a revisional order passed u/s 263 of the Act and because the revisionary proceeding itself has been struck down by the Tribunal vide its order dated 17.12.009, this a..

Posted in Taxation |   1220 hits

When contractor supply any goods as per specification given and delivered to the Govt. than it will be outside the purview of sec 194 C

 30 December 2011

Brief facts of this issue are that while doing the scrutiny assessment, the Assessing Officer has disallowed the disallowance by observing as under:- “On examination of the books of accounts it is observed that no tax on such payment/credit has be..

Posted in Taxation |   1348 hits

For Assessment under section 143(3) details of creditors is must to show

 30 December 2011

The assessment in this case was completed under section 143(3). Later, on verification of the records of the case, the Commissioner of Income Tax found that that the assessing authority has not examined the genuineness of certain trade creditors whic..

Posted in Taxation |   1575 hits

Regarding Sec 80G sec 5 clause (vi) was omitted by the Finance Act 2009 w e f 1st Oct 2009 for renewal application

 29 December 2011

We have heard the rival contentions and gone through the facts and circumstances of the case. The brief facts are that the assessee is a charitable Institution registered under section 12AA of the Act by DIT(Exemption), Kolkata vide order dated 30.06..

Posted in Taxation |   3258 hits

Once approval granted under sec 80G will be valid up to five years and application for extension is not necessary

 29 December 2011

In the grounds of appeal, the assessee has taken one legal plea that while rejecting the assessee’s application for renewal of exemption u/s 80G filed on 24.12.2011, the learned DIT(E) has ignored the amendment made in Section 80G(5)(vi) by the Finan..

Posted in Taxation |   1616 hits

Refund of excise duty is directly related to the manufacturing activity and commission paid to related party on sale is allowed up to 2 and half percent

 29 December 2011

Facts of the case in brief are that the A.O. noted that the assessee has received Sales Tax incentive of Rs. 12,94,109/- in respect of Unit I and Sales Tax incentive of Rs. 84687/- in respect of Unit II on which deduction u/s 80IB has been claimed. A..

Posted in Taxation |   1190 hits

Revised Computation filed at the time of assessment is enough to consider income and expenses again

 29 December 2011

The grounds of appeal raised by assessee read as under :- “1. For that the order of assessment as well as order of appeal is bad in law and should quashed. 2. For that the written submission filed in appeal was not considered. 3. For that the re..

Posted in Taxation 1 comments |   1495 hits

As per the natural justice AO must be given opportunity to rebut the claim in pursuance of fresh evidence produced before him

 28 December 2011

That, on the facts and circumstances of the case, the Ld. C.I.T.(A) has erred in law in accepting fresh evidences filed by the assessee without calling for remand report from the AO, which is in contravention of the provision of Rule 46.” Same common..

Posted in Taxation |   878 hits

Order passed under Sec 144 is void ab initio in the absence of service of notice as mention under sec 282 and penalty will not survive if the case restored in the AO file

 28 December 2011

ITA No. 3871/Mum/2008 filed by the assessee is directed against the order dated 8.2.2008 of the Commissioner of Income Tax (A)- XXII, Mumbai relating to Assessment Year 2004-05. ITA No. 87/Mum/2010 filed by the assessee is directed against the order ..

Posted in Taxation |   2654 hits

If the tax effect is less than minimum than it can be avoidable

 28 December 2011

In appeal for the assessment year 2001-02, the Revenue assails deletion of additions of Rs.3,60,000/- and Rs.1,56,388/- made by the ld. CIT(A). During the course of hearing, it was admitted by the ld. DR that the tax effect in this case was less than..

Posted in Taxation |   1015 hits

Interest bearing fund can be invested in share of another company and the expenditure on investment can not be disallowed under sec 14A

 28 December 2011

Facts of the case in brief are that the A.O. during the course of assessment proceedings noted that the assessee has earned exempt dividend income of Rs. 4,63,50,000/- on investments made. He noted that the assessee has borrowed interest bearing fun..

Posted in Taxation |   1286 hits

P & L Account, Balance Sheet, IT Return Bank Statement and Confirmation from lender is enough to disclose the details of unsecured loan

 27 December 2011

This appeal by assessee is arising out of order of CIT(A), Durgapur in Appeal No.75 / CIT(A)/DGP/2009-10 dated 28.02.2011. Assessment was framed by ITO, Ward-1(3), Durgapur u/s. 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”..

Posted in Taxation |   960 hits

Rule 10 says any fact should be supported by affidavit and Rule 29 says additional evidence can be submitted only when Tribunal consider fit

 27 December 2011

The facts are that the assessee filed his return on 30.07.2007 declaring total income of Rs. 3,81,368/-. The return was processed u/s 143(1) at the returned income. Thereafter, the case was taken up for scrutiny. The assessee has derived salary incom..

Posted in Taxation |   1102 hits

Non appearance on the date of hearing may cause the appeal dismissed

 27 December 2011

The appeal was filed on 08.12.2010 when an acknowledgement cum- notice was served on the bearer under which the appeal was fixed for hearing on 10.02.2011. None attended on that date. Thereafter, another notice dated 07.10.2011 was served on the asse..

Posted in Taxation |   932 hits

In order to apply sec 41 (1) assessee should have obtained deduction in the assessment in any year in respect trading liability incurred by the assessee

 27 December 2011

Brief facts of this issue are that during the year, the company has written off unsecured loans to the tune of Rs.52.75 lakhs and it is mentioned in the schedule-L i.e., notes forming part of accounts that there was no claim from the loan creditors a..

Posted in Taxation |   2423 hits

CIT can not directed AO for disallowance under sec 14A by invoking Rule 8D of the IT Act.

 26 December 2011

The above appeal is filed by assessee against the order dated 01.06.2009 of the ld. CIT-XII (Admn.), Kolkata pertaining to A.yr. 2005-06. This appeal is against order u/s 263 of the IT Act wherein the ld.CIT(Admn) has directed the AO to make disa..

Posted in Taxation |   1212 hits

Telephone Link expenses are excluded from Fringe Benefit Tax under sec 115WB (2) (J)

 26 December 2011

The present appeal is filed by the revenue against the ld. CIT(A)’s order dated 22.11.2010 passed in the matter of an assessment made by the Assessing Officer u/s 115WE(3) of the Income Tax Act, 1961 for the A.Y. 2006-07. The only ground raised by th..

Posted in Taxation |   1199 hits

If interest on deposit is earned on accrual basis than it should be added in the income of the relevant year and in case of receipt basis than in the current year

 26 December 2011

I have heard Ld. DR Shri R. Gupta and gone through facts and circumstances of the case. I find that the assessee has purchased fixed deposit from ITC Classic Finance Ltd. On 27.06.1995 vide receipt no. 02/199506/53666C/53667C/53702C at Rs.12,600/- (i..

Posted in Taxation |   1925 hits

Assessee having right to contest levy of penalty apart from the findings recorded in the assessesment order

 26 December 2011

This appeal filed by the assessee is directed against the order passed by the CIT(A) dated 2nd June, 2011 for Asstt. Year 2005-06. The grounds of appeal read as under: “That order passed u/s 250(6) of the Income Tax Act, 1961 by the ld. CIT(A)-II,..

Posted in Taxation |   859 hits