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Taxation Judgments and Orders

Depreciation on construction in integral part of the plant

 01 September 2012

On the facts and circumstances of the case, the order passed by the learned Commissioner of Income Tax (Appeals), CIT(A) is bad, both in the eyes of law and on facts. 2. On the facts and circumstances of the case, the learned CIT(A) has erred, both ..

Posted in Taxation |   2330 hits

If third person entitled to receive under obligation from assessee cannot be consider as diversion of income

 31 August 2012

Facts, in brief, as per relevant orders are that return declaring income of ``1,19,38,802/- filed on 28.10.2005 by the assessee, a partnership firm carrying on the profession of Ophthalmology surgeons, was processed u/s 143(1) of the Income-tax Act, ..

Posted in Taxation |   1285 hits

Mistake indetermining the rate of tax cannot be consider as consealment of income

 31 August 2012

Brief facts of the case are that the assessee has declared long term capital gains of `.1,28,258,902/- out of which long term capital gain, of `.3,75,902/- pertained to listed shares. The entire LTCG was claimed as exempt under section 10(38) includi..

Posted in Taxation |   1151 hits

After 1st April not necessary to established the debt is irrecoverable and enough to written off

 30 August 2012

facts, in brief, as per relevant orders are that return declaring nil income, after set off of business loss of ``568,87,510/- , filed on 31.10.2005 by the assessee, engaged in the business of publishing of telephone directory with yellow pages, was ..

Posted in Taxation |   1143 hits

Absence of communication for non appearance can treat the appeal to be unadmitted

 30 August 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 co..

Posted in Taxation |   1054 hits

Explanaion of section 73 is not applied in the transaction of govt securities and expenditure claimed must be accompanied by evidence

 29 August 2012

The learned Assessing Officer has erred in disallowing Rs. 25.00 lacs, on ad hoc basis, towards share trading expenses on erroneous assumption that the appellant has incurred expenditure towards speculation business and allocated on proportion basis ..

Posted in Taxation |   1048 hits

Inflation of capital gain by showing higher purchase price and paying tax under section 115JB is not questionable

 29 August 2012

The facts in brief are that the assessee for the assessment year 1999-00 had declared long term capital loss of Rs.4,01,75,013/- on sale of shares which had been set off against short term capital gain from sale of shares of Rs.3,98,40,597/- and thus..

Posted in Taxation |   1053 hits

Cheque payment is enough to prove payment and deduction for staff welfare si allowed only if made by assessee

 28 August 2012

The Ld. CIT (A) erred in confirming disallowance of Rs. 47,59,846/- being payment made to the sub-contractors on the ground that identification of these sub-contractors are not proved without properly appreciating the facts of the case and law applic..

Posted in Taxation |   1061 hits

Condition of section 68 treated to be fulfilled by furnishing necessary materials with supporting evidence

 28 August 2012

Facts indicate that Assessing Officer made addition of Rs.1,98,64,646/- as unexplained cash credit u/s 68 of the Act against which assessee preferred appeal in which action of he Assessing Officer in regard to addition u/s 68 of the Act was challenge..

Posted in Taxation |   1125 hits

If the person at whose instance reference is made fails to appear appeal deserved to be dismissed

 25 August 2012

These cases were listed for hearing before the Tribunal on 06-8-2012 and for this assessee was informed. Today i.e. on 06-8-2012 when the case was called on board, none appeared on behalf of the assessee nor any request for adjournment has been filed..

Posted in Taxation |   1192 hits

Ground not press at the time of hearing deserved to be dismissed

 25 August 2012

We first take up the dispute relating to additions of unsecured loans under section 68 of the Act. The AO during the assessment proceedings noted that the assessee who was engaged in the business of film production and marketing, had declared unsecur..

Posted in Taxation |   1148 hits

In case of developer firm it is not necessary that in every assessment year actual construction activity should be carried out

 24 August 2012

The Learned CIT (Appeals) failed to appreciate that the amount offered during Survey u/s 133A carried out on 13/02/07 was not offered as any cash or other investments were recovered during the survey, but as there were mere entries without any narrat..

Posted in Taxation |   1252 hits

Objection to notice must be disposed of first and only thereafter assessment can be proceede

 24 August 2012

As per a Supreme Court decision, objection to notice must be disposed of first and only thereafter assessment can be proceeded. The objections dated 16.3.2010 were disposed of by Income-tax Officer on 22.10.2010 and notice u/s 143(2) is dated 15.9.20..

Posted in Taxation |   1610 hits

Municipal Corporation is responsible for issuing completion certificate so the assessee cannot be denied releife under section 80IB on this ground

 23 August 2012

The assessee is a partnership firm. It developed a residential housing project by the name of “Surendra Estate” at Chuna Bhatti, Bhopal. The assessee got the approval for the project from Bhopal Municipal Corporation on 07.05.2003. The project was st..

Posted in Taxation |   1854 hits

CIT has the power to remit the matter to the file of AO if satisfied the needs of reconsideration

 23 August 2012

In this case Assessing Officer noted that assessee had not attended proceedings in response to the notices dated 12.11.2009 and 23.12.2009, even after their proper service upon the assessee and has also not furnished any explanation. Assessing Office..

Posted in Taxation |   1115 hits

If the order passed by CIT is beyond the power is deserved to be set aside

 22 August 2012

Assessee took up the matter in appeal and challenged the action of Assessing Officer and it was submitted before first appellate authority that the assessee is a proprietor of M/s Ceco Electronics and is engaged in the business of transformer manufac..

Posted in Taxation |   1070 hits

For invoking proviso of section 147 after period , there must be failure on the part of the assessee either under section 139 or in response to a notice under section 147/148

 22 August 2012

The facts indicate that original assessment was completed on 29.03.2004 and it was reopened by recording reasons on 26.03.2008. As per assessee, there was no failure to disclose all material facts and since reopening was done on the basis of retrospe..

Posted in Taxation |   1442 hits

Rule 19 applied for dismissing in the absence of prosecution of appeal

 21 August 2012

The notice was given to assessee fixing the date of hearing on 01.08.2012 through notice board. But no one appeared on behalf of the assessee. Nor there is any application for adjournment. In view of above, it appears that assessee is not interested ..

Posted in Taxation |   1111 hits

Disallowance under sec 14A cannot exceed dividend income and rebate can be allowed only when there is some liability to income tax

 21 August 2012

During the assessment proceeding the AO found that the assessee had shown dividend income of Rs.5,60,809/- which was claimed as exempt. AO found that the assessee had not allocated any expenditure incurred by him towards earning of the tax-exempt-div..

Posted in Taxation |   3142 hits

Deductions allowed in respect of only those expenses which are relevant to the accounting year for the purpose of computing profits

 20 August 2012

Briefly stated the facts of the case are that assessee is engaged in the business of manufacturing of Thermoplastic material and Phenolic Moulding Powers etc. For the year under consideration, return of income was filed on 31.10.2004 declaring total ..

Posted in Taxation |   1666 hits