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Taxation Judgments and Orders

No concept of deferred revenue expenditure under the Income Tax Act and integral part of the computer entitled to depreciation at 60%

 29 September 2012

The grounds raised read as under:- “1. Whether the Ld. Commissioner of Income Tax (A) was correct on facts and circumstances of the case and in law in deleting the disallowance of ` 8,76,435/- made by the Assessing Officer on account of advertise..

Posted in Taxation |   2212 hits

Penalty u/s. 271(1)(c) cannot be levied where the tax as per regular Income tax proceedings is nil and tax is payable only as per MAT

 28 September 2012

The facts at the assessment stage show that the assessee declared total loss of Rs. 1,96,610/- for the year under consideration. The assessee has also claimed exemption u/s. 10A of the Act at Rs. 96,02,867/-. The returned income was assessed at a los..

Posted in Taxation 2 comments |   3464 hits

PF contribution paid before the due date of filling return under section 139(1) is admissible

 28 September 2012

Facts, in brief, as relevant orders are that e-return declaring income of `1,50,37,034/- filed on 30th November, 2008 by the assessee, providing management services for large buildings, hospitals, factories etc., was selected for scrutiny with the se..

Posted in Taxation |   2116 hits

UPS is an integral part of computer so depreciation should be charged accordingly

 27 September 2012

The facts concerning the only issue in dispute are that the assessee company is engaged in the business of pneumatic conveying systems. The company is located at Ambarnath, beyond Kalyan wherein there is frequent power failures making it impossible t..

Posted in Taxation |   4488 hits

Appeal can be treat as un-admitted for want of prosecution by the appellant

 27 September 2012

Notice of hearing was duly served upon the assessee vide RPAD on record along with the memo of defect. As the Bench did not function, the case was adjourned to 25.6.2012 and thereafter to 4.9.2012 for which both the parties were informed through noti..

Posted in Taxation |   1369 hits

Nexus between exempted income and expenses on that income must be established to disallow

 26 September 2012

On facts and in the circumstances of the case and in law, the learned CIT (A) has erred in upholding the disallowance of `.2,073,610/-, being 25% of the dividend income, made by the AO under section 14A of the Act, without establishing any real nexus..

Posted in Taxation |   1356 hits

Once registration is granted, it is for the AO while framing assessment to consider the other provisions of the Act

 26 September 2012

At the outset, it is to be mentioned that none present from the assessee side but after going through the order of DIT(E), Kolkata it is noticed that the DIT(E), Kolkata has granted registration u/s. 12AA of the Income-tax Act, 1961 (hereinafter refe..

Posted in Taxation |   1170 hits

Power of state govt. to grant exemption from CST subject to fulfill the condition under section 8(4) should not contrary to section 8(5)

 25 September 2012

By the aforesaid three trade circulars, the Commissioner has informed the trade that under Section 8(5) of the Central Sales Tax Act, 1956( 'CST Act' for short) as amended by Finance Act 2002 with effect from 11th May 2002, the State Governments are ..

Posted in Taxation |   1648 hits

Arms length price for subsidiary company of a foreign based company established for supporting marketing for holding company

 25 September 2012

The facts in brief: The assessee M/sVerizon (India) P.Ltd. is a wholly owned Subsidiary of MCI WorldCom Asia P.Ltd. (hereinafter referred to as MCI), a Hongkong based Private Limited Company. The Holding Company MCI WorldCom Asia P.Ltd. is a preemine..

Posted in Taxation |   1860 hits

Every Judicial authority must pass a reasoned order, which should reflect application of mind by the concerned authority

 24 September 2012

Fact of the case is cash sale and reply of notice by the assessee. ..

Posted in Taxation |   1362 hits

Treatment of compensation to reacquire the plot allotted to the customer

 24 September 2012

Adverting first to ground no.1 in the appeal, facts, in brief, as per relevant orders are that return declaring income of ``4,18,02,660/- filed on 31.03.2006 by the assessee, a real estate company, after being processed u/s 143(1) of the Income–tax A..

Posted in Taxation |   1076 hits

In the absence of insufficiency addition is rightly be deleted and late payment of tax is compensatory

 22 September 2012

Brief facts are the assessee is engaged in business of manufacturing and trading of perfumery compounds, aromatic chemicals & other oils. Survey operations were carried out in the case of M/s. Surya Vinayak Industries Ltd. (SVIL) and associated conce..

Posted in Taxation |   3576 hits

Notice under section 142 should be complied with the proper address of the assessee or it cannot be treating valid

 22 September 2012

It would be relevant to recount the facts of the case in brief. The assessee’s return of income for the year, filed on 30-11-2006 at a loss of Rs.226.07 lakhs, was selected for scrutiny, serving notice u/s. 143(2) of the Act. There being no response ..

Posted in Taxation |   1806 hits

Income from interest is taxable under income from other source and chargeable under section 194A

 21 September 2012

Brief facts are: Survey proceedings u/s 133Awere conducted by Income-tax department on 29-1-2004 in the office premises of Executive Engineer, Civil Construction Division-II, Dhalipur, Dehradun. It was found that vide Hon’ble Supreme Court order, a..

Posted in Taxation |   1663 hits

Penalty under section 271 can be imposed only on guilty of concealment and furnishing inaccurate particulars of income

 21 September 2012

Facts, in brief, as per relevant orders are that assessment in this case was completed u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as the Act) vide order dated 09.10.2009,determining income of ``4,45,81,010/- , in pursuance to ret..

Posted in Taxation |   5771 hits

Rule 8D not applied unless there is proper nexus between borrowed fund and investment

 19 September 2012

This only issue in this appeal of assessee is against the order of CIT(A) in confirming the disallowance of interest expenditure by invoking the provisions of section 14A of the Act read with Rule 83(2)(ii) of the Income-tax Rules, 1962 (hereinafter ..

Posted in Taxation |   1950 hits

If any tax deducted in any year and paid after the expiry of period prescribe under section 200 is allowable

 19 September 2012

On the facts and in the circumstances of the case, the Commissioner of Income Tax (Appeals) has erred in allowing relief of Rs.12,23,979/- on account of allowable expenses under Section 40(a)(ia) ignoring the decision of the Hon’ble Supreme Court in ..

Posted in Taxation |   1223 hits

Penalty under section 271 cannot be imposed on debatable issues

 18 September 2012

The brief facts of the case are that vide assessment order dated 29.12.2009, passed u/s 143 (3) of the IT Act, the income of the assessee was assessed at nil after adjusting brought forward losses. The Assessing Officer observed that the assessee had..

Posted in Taxation |   2174 hits

If any evidence left to be consider matter to restore in the file of the authority below

 18 September 2012

Briefly stated the facts giving rise to this appeal are that the Draft Order u/s 144C of the Act dated 17.12.2009 was passed and served on the assessee. The assessee filed objection u/s 144C(2)(b) of the Act on 19.1.2010 before DRP-II against the sam..

Posted in Taxation |   1157 hits

Party at whose instance reference was made if fails to prepare paper books for hearing court is not bound to answer

 17 September 2012

This case was listed for hearing before the Tribunal on 28-8-2012 and for this assessee was informed. Today i.e. on 28-8-2012 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 |   1340 hits