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Taxation Judgments and Orders

Provisions of section 40(a) are not applicable in case of charitable trust or institution where income and expenditure is computed in terms of section 11

 21 June 2012

The relevant facts for adjudication of ground No.1 are that the assessee is a charitable institution engaged in carrying out religious and charitable activities within the ambit of section 2(15) of the Income Tax Act. These charitable activities have..

Posted in Taxation |   1592 hits

When the agreement is clear that the expenses included cannot be recovered from the charterer as lease rentals so there is no applicability of sec 92CA(3)

 20 June 2012

The brief facts in apropos these grounds are that the assessee, Boskalis Dredging India P.Ltd, is a company incorporated in India on 5th January,1996. It is engaged in the business of undertaking inter alia capital and maintenance dredging projects a..

Posted in Taxation |   1312 hits

Whether premium on sale of export quota is covered by Section 28(iiia), (iiic) and accordingly, has to be included while computing the deduction uneder sec 80HHC(3)

 20 June 2012

Section 80HHC- Deduction in respect of profits retained for export business.— xxx (3) For the purposes of sub-section (1),-- (a) where the export out of India is of goods or merchandise manufactured or processed by the assessee, the profits deriv..

Posted in Taxation |   1266 hits

Liability to pay tax, which is founded on the charging provisions of the statute, is not to be nullified on unjustified pleas taken by the assessee

 19 June 2012

The observation of the case is giving rise to the aforesaid substantial question of law are these. The assessee is a partnership firm consisting of two partners namely Manoj Gupta and his wife Shallu Gupta. It filed a return of income on 02.12.2003 ..

Posted in Taxation |   1128 hits

AO cannot make addition after maintaining complete books of account with the Tax Audit report only on the basis of entries made on 31st March

 19 June 2012

The brief facts of this issue are that while doing the scrutiny assessment Assessing Officer has added an amount of Rs.23,49,260/- by observing that: “During the course of survey, a compact disc containing books of a/cs. were impounded. The print ..

Posted in Taxation |   1114 hits

As per the SC decision onus of proving what was apparent is not real is on the party who claim it to be so

 18 June 2012

From the observation we came to know that only claiming fact is not enough to appreciate the appropriate authority to accept the contention and decide in favor of the appellant, the appellant must give proper supporting evidence. ..

Posted in Taxation |   1196 hits

Rental Income from letting out of terrace is to considered as income from house property subject to deduction under sec 24

 18 June 2012

The brief facts of the above issue are that it was found by the Assessing Officer that the assessee has allowed M/s. Hutchison Max Telecom Ltd. to erect the tower on their terrace in consideration of an amount of ` 5,93,700 and claimed as income from..

Posted in Taxation 1 comments |   4503 hits

As pers sec 11A if Cenvate Credit taken on capital goods and removed as such than assessee liable to refund the credit taken

 16 June 2012

The brief facts leading up to the filing of the present appeals may be noticed. M/s. Harsh International Pvt. Ltd., one of the appellant, herein, is a company engaged in the manufacture of chewing tobacco. It was registered under the Central Excise L..

Posted in Taxation |   2075 hits

In case of concealment of income in return deduction under sec 80HHC is allowed appropriately and expenses related to business only allowable

 16 June 2012

Briefly stated, the facts of the case are that the assessee filed its return of income on 30.10.2002, inter alia claiming the deduction u/s.80HHC. The return was proceeded u/s.143(1)(a). There was no regular assessment under the provisions of the Act..

Posted in Taxation |   1264 hits

Limitation being a matter of procedure, only that law that is applicable at the time of filling the appeal so sec 74A(2)(b) of DVAT would apply

 15 June 2012

By way of this writ petition, the petitioner has challenged the show cause notice dated 02.02.2010 pertaining to the assessment year 2003-2004 primarily on the ground that the said show cause notice is barred by time. By virtue of the said show cause..

Posted in Taxation |   1067 hits

Notice issued under sec 143 on or before September 2011 is barred by limitation as per second provision to sec 153(1)

 15 June 2012

The petitioner had filed return of income for the assessment year in question under Section 139(4) of the Act on 6th October, 2010. The contention of the petitioner is that the Assessing Officer could have initiated scrutiny assessment proceedings by..

Posted in Taxation |   1979 hits

As per clause 11 expenses incurred for promotion of branded jewellery which give enduring benefit to the assessee can claim deduction

 14 June 2012

The factual matrix of the case is that the assessee-company is engaged in the business of licensing, manufacturing, distribution and selling of diamonds under the brand “Nakshatra”. In the course of scrutiny proceedings, the Assessing Officer noted t..

Posted in Taxation |   991 hits

Expenses related to business can claime as deduction and show cause notice is not condition precedent for charging interest under sec 217

 14 June 2012

In paragraph 2 of the judgment, it was pointed out by this Court that the learned counsel for the assessee/appellant confined his grievance only to disallowance of payment of `2,00,000/- made to one Mr. Sunil Kumar. This issue has been considered and..

Posted in Taxation |   882 hits

In case of no contrary view by superior and in the absence of supporting document exemption under sec 11 is allowed

 13 June 2012

In the facts and circumstances of the case and in law the learned CIT(A) has erred in directing the AO tog grant exemption u/s. 11 of the I.T Act to the assessee trust when the order dt. 31.12.2008 u/s. 12AA(3) of the Act has been appealed before the..

Posted in Taxation |   879 hits

Company registered with the object of advancing loan on interest can set off its loss with its earning of interest from bank deposite

 13 June 2012

Facts, in brief, as per relevant orders are that return declaring nil income filed by the assessee, was selected for scrutiny with the service of a notice u/s 143(2) of the Income-tax Act, 1961 (hereinafter referred to as the Act), issued on 27th Aug..

Posted in Taxation |   1079 hits

Repayment of loan or overdraft can be consider as proof for claiming deduction

 12 June 2012

Facts in brief:– The assessee, a company, is engaged in the business of printing of newspapers and periodicals. It filed its return of income declaring total income at ` nil on 30th October 2007. The Assessing Officer passed an order under section 14..

Posted in Taxation |   1395 hits

The Appellant at any time before the decision is made

 12 June 2012

Permission to withdraw the appeal made by the appellant..

Posted in Taxation |   889 hits

Where the amount paid as cess was held as eligible for deduction in computing the composite income under Rule 8 of I.T

 11 June 2012

That on the facts and circumstances of the case, Ld. CIT(A), Kolkata has erred in law in directing the A.O. to treat sundry receipts of Rs.56,l0,000/- as business income without appreciating the fact that the assessee at the same time claims 60:40 di..

Posted in Taxation |   1160 hits

As per sec 254 time limit for rectification of mistake in order is four year counted from the date all proceding has been completed

 11 June 2012

The facts giving rise to the present writ petition and which are necessary for a decision in this writ petition are very few. By virtue of an order dated 31.03.2008, the Income Tax Appellate Tribunal disposed of the said ITA Nos. 3584 to 3586 (Del)/2..

Posted in Taxation |   1053 hits

Cancellation of registration of Institute registered under sec 12A without recording the cause by DIT is not valid

 09 June 2012

The DIT (E) has erred in law and on facts and circumstances of the case in canceling the Registration u/s 12A(a) with effect from assessment year 2009-10 and onwards, discarding the fact that the Society is engaged in providing medical relief to the ..

Posted in Taxation |   2304 hits