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Taxation Judgments and Orders

Deduction claimed of securities transaction tax under section 88E cannot be rejected if fulfill the condition of rule 20AB

 17 September 2012

The brief facts of the case are that the assessee filed its return of income for the relevant year on 31-10-2007, admitting a tax liability of Rs.8,95,556/- under the Minimum Alternate Tax (MAT) provisions, per section 115JB of the Act. A tax credit..

Posted in Taxation |   2341 hits

Non compete fees cannot be taxed under the head income from salary

 15 September 2012

On the facts and circumstances of the case, Ld. CIT(A)- XXVIII, New Delhi erred in deleting the addition of ` 1,54,90,828/- as a question of law in involved in this case i.e., whether non-compete fee/commission is to be assessed as business income or..

Posted in Taxation |   1546 hits

Interest on borrowed fund allowed only on the portion used in the business

 15 September 2012

The facts in brief. The assessee is a company engaged in the business of running of hospitals under the brand name “Metro” in various parts of the country. The company has high expertise in operating and managing Nursing Homes/Hospitals specially wit..

Posted in Taxation |   1627 hits

In case of any additional evidence matter should be restored to the file of the AO

 13 September 2012

Briefly stated, the facts of the case are that the assessee filed his return for AY 2006-07 on 31.3.2007 declaring an income of Rs.2,45,570 and the return was processed and subsequently selected for scrutiny on the basis of AIR information received. ..

Posted in Taxation |   1517 hits

Source of cash deposited in Bank should be properly disclosed

 13 September 2012

Briefly stated the facts of the case are that the assessee filed his return declaring an income of Rs. 1,82,480 for AY 2005-06. Subsequently, the case was selected for scrutiny through CASS and a notice u/s 143(2) of the Income Tax Act, 1961 dated 11..

Posted in Taxation 1 comments |   1901 hits

Expenditure on income not forming part of taxable income

 11 September 2012

Facts, in brief, as per relevant orders are that return declaring loss of ``5,51,91,000/- filed on 29.09.2008 by the assessee, carrying on the business of financing, leasing and investment activities, after being processed on 05.08.2009 u/s 143 (1) o..

Posted in Taxation |   1436 hits

Genuine gift cannot consider as unexplained cash credit and exemption under section 54 cannot be denied only on purchase of new house in joint name

 11 September 2012

Brief facts are: The assessee was an employee of Bill and Milinda Gates Foundation, USA (“BMGF” ), USA and was appointed to work with the liaison office of BMGF, New Delhi as Director in its India AIDS initiative program. Assessee could not file his ..

Posted in Taxation |   1514 hits

Commercial advance was outside the purview of the deeming provision of section 2(22)(e)

 10 September 2012

Facts, in brief, as per relevant orders are that the return declaring income of ``4,29,40,331/- filed on 27.09.2008 by the assessee, engaged in the business of import and trading in yarn and knitting needles besides generation of wind power, was sele..

Posted in Taxation |   1596 hits

Onus to prove the cash creditors on the assessee only

 10 September 2012

In his appeal, as many as twelve grounds are raised by the assessee. However, at the time of hearing before us, it is stated by the learned counsel that the major dispute in this appeal is with regard to the addition made under Section 68 of the Inco..

Posted in Taxation |   1217 hits

GP rate and NP rate are not related to rate of discount and it is enough to written off the debts as irrecoverable

 08 September 2012

Whether in the facts and circumstances of the case, the Commissioner of Income tax (Appeals) has erred in law and facts in deleting the disallowances of Rs.707376/- made by the A.O. on account of discount of sale ignoring the fact that said discount ..

Posted in Taxation |   928 hits

Liability arise only when the project is completed unless estimated on reasonable basis periodically

 08 September 2012

Ground of appeal relates to the grievance of the appellant against the action of the Assessing Officer in making an addition of Rs.1,12,53,000/- on account of warranty and other expenses. It was submitted on behalf of the appellant that, the identica..

Posted in Taxation |   1380 hits

Labour charges cannot be disallowed in the presence of proper attendance registrar and wages account

 07 September 2012

The fact of the case explained in following points “1. FOR THAT the Ld. Commissioner of Income Tax (Appeals) Jalpaiguri acted unlawfully in upholding the assessment order framed u/s. 143(3) of the Income Tax Act, 1961 by the Ld. Income Tax Officer..

Posted in Taxation |   2021 hits

Explanation 2 of section 115JB only define the meaning of tax and cannot extend the benefit of surcharge and cess paid last year

 07 September 2012

In allowing credit of MAT of the previous year u/s 115JAA at `.56,05,585/-. (Pl. see Sl. No.22 of Intimation) only as against the sum of `.63,51,128/- paid as per Schedule Part B of TTI of ITR 6 of previous year resulting in not allowing the credit o..

Posted in Taxation |   2703 hits

Payment of commission to non resident overseas do not attracts the provision of section 194H

 06 September 2012

Facts indicate that the assessee is a partnership firm of two partners and doing the business of export of hardware items. The assessee purchases raw material and after assembling and doing the job work, the same are exported to foreign countries and..

Posted in Taxation |   1919 hits

Service Tax is not the part of gross receipt under section 44BB of IT Act.

 06 September 2012

Facts indicate that the assessee is a company incorporated in Australia. It was engaged in the business of providing equipment on hiring and manpower etc. for exploration and production of mineral oil and natural gas. During the year under appeal. th..

Posted in Taxation |   1628 hits

Failure on the part of appellant to appear or prepare books to enable the hearing court is not bound to answer

 04 September 2012

It appears that the assessee is not interested in getting the appeal prosecuted. Hon’ble Madhya Pradesh High Court in the case of Tukojirao Holkar Vs CWT 223 ITR 480 (MP), while dismissing the reference made at the instance of the assessee in default..

Posted in Taxation |   1092 hits

Rule 19(2) of ITAT Rule 1963 applied in the absence of interest of the appellant for prosecution

 04 September 2012

Having regard to Rule 19(2) of ITAT Rules, 1963 and following various decisions of the Tribunal including in the case of CIT vs. Multiplan India (P) Ltd., reported in 38 ITD 320 (Del.) and the judgment of Hon’ble Madhya Pradesh High Court in the case..

Posted in Taxation |   1012 hits

Depreciation under section 32 when the cost had already been claimed in the preceding year by application of Income

 03 September 2012

Facts, in brief, as per the relevant orders are that return declaring income of `1,92,16,940/- filed on 29-09-2009 by the assessee, providing consultancy of automotive components, was selected for scrutiny with the service of notice u/s 143(2) of the..

Posted in Taxation |   2307 hits

Computation of Income and disallowance of expenses relating to H.O cannot be made by invoking section 44C of IT Act

 03 September 2012

Briefly stated facts of the case are that the assessee is a commercial bank having its Head Office in U.A.E. The assessee has two branches in India i.e. Mumbai and Bangalore. It is involved in normal banking activities including financing of foreign ..

Posted in Taxation |   1680 hits

All acesesories of computer cannot work in isolation allowed depreciation @60% and expenditure on exempt income cannot be allowed

 01 September 2012

There are several ground raised by Revenue as well as assessee please check the judgment to obtain the fact of the case. ..

Posted in Taxation |   2716 hits