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Taxation Judgments and Orders

To appeal against any decision of the CIT Revenue must give proper proof otherwise deserved to be dismissed

 28 May 2012

On the facts and circumstances of the case, the ld. CIT(A) has erred in law as well as in facts in deleting the addition of `30,41,520/- made by the AO on account of sale value of free copies distributed by the assessee. On the facts and circumst..

Posted in Taxation |   1379 hits

The agent is not liable for tax for income earned on behalf of the principal but only for the charges received from principal fro his service

 25 May 2012

The relevant facts giving rise to this appeal are that the assessee is a company registered under the Companies Act, 1956. The shares of the assessee are wholly owned by the Government of Maharashtra. The assessee has been appointed as the New Town D..

Posted in Taxation |   1219 hits

As per sec 68 if the assessee fails to provide the details of credit worthiness of creditor than AO can treat the loan as income

 25 May 2012

The facts in brief are that the AO during the assessment proceedings noted from details of unsecured loans that the assessee had taken unsecured loan of Rs.14,60,052/- from Shri Balwantbhai Grewal during the year. The AO therefore, asked the assessee..

Posted in Taxation |   2501 hits

Capital gain from transanction in the portfolio management cannot be treated as business income

 24 May 2012

At the outset, the learned counsel for the assessee submitted that the assessee had filed an appeal before the ITAT being aggrieved by the order of learned CIT(A) who had treated the short term capital gains of `82,32,316/- as business income. The IT..

Posted in Taxation |   2014 hits

Assessee must give proper explanation of the amount deposited in the Bank account of the assessee or to prove that account not belong to him

 24 May 2012

That having regard to the facts and circumstances of the case, Ld. Commissioner of Income Tax (Appeals) has erred in law and on facts in not quashing the impugned assessment order passed by Assessing Officer u/s. 147 that too without the serving the ..

Posted in Taxation |   1093 hits

AO have no right to take decision without supporting evidence and assessee must give explanation to his claim

 23 May 2012

Facts indicate that in this case, the assessee was a proprietor of a boutique, which she was running at Naraina Vihar, New Delhi. She had inherited jewellery from her late mother and father from the locker which was relinquished to her vide a Relinqu..

Posted in Taxation |   1089 hits

As per sec 292BB if assessee appeared or co-operated in any proceeding it will be deemed that all notice are duly served upon him

 23 May 2012

On the facts and in the circumstances of the case, the Ld. CIT(A) has erred on facts and in law in quashing the assessment despite the specific saver provided under the Act by way of section 292BB because section 292BB of the Income Tax Act, 1961 pro..

Posted in Taxation |   1503 hits

Date of payment of TDS on or after due date of filling return is not the ground to disallowe the deduction of the amount related to TDS

 22 May 2012

The revenue has raised the following grounds of appeal:- “1.That on the facts and in circumstances of the case the ld. CIT(A) erred in holding that once the profit is estimated after rejecting books of accounts, there is no scope for further disal..

Posted in Taxation |   1829 hits

Penalty under sec 271(1)( C ) cannot be imposed on a debatable issues

 22 May 2012

Briefly stated, the facts of the case are that the assessee wrote off a sum of Rs.19,48,743/- in its books of account towards Cafeteria expenses. On being called upon to explain as to how such deduction was claimed, the assessee submitted that the pr..

Posted in Taxation |   2505 hits

As per sec 66 under chapter V of Finance Act 1994 Service Tax is leviable on all service mentioned under sec 65 of the Act

 21 May 2012

Service Tax was introduced for the first time under Chapter V of the Finance Act, 1994. Section 66 of the Act was the charging section and it provided for the levy of service tax at the rate of five per cent of the value of the taxable services. “Tax..

Posted in Taxation |   1734 hits

GP ratio as per the audited accounts of the assessee is valid and princle of Resjudicat does not apply to IT proceedings

 21 May 2012

The grounds raised in the appeal by the Revenue read as under:- “1. That the Ld. Commissioner of Income Tax (Appeals) erred in law and on facts of the case in deleting the addition of ` 16,20,725/- by holding that the GP rate of 24.54% as shown by..

Posted in Taxation |   1803 hits

Rule 19(2) is applicable in the case where appellant is not interested in the proseqution

 21 May 2012

Despite sending notice of hearing sufficiently in advance, assessee did not appear nor any application for adjournment has been received at the time of hearing of the appeal, in spite of the fact that earlier also on 23.3.2011 and 10.8.2011, the appe..

Posted in Taxation |   939 hits

For claiming deduction under sec 80HHC condition are not compulsory and CIT can direct the AO to recompute the deduction

 19 May 2012

In the instant appeal, there are total three grounds. Ground No. 3 is general in nature. Ground Nos. 1 and 2 raises the same issue. Both impugn the directions issued by Ld. CIT (A) to the AO to re-compute the deduction u/s 80HHC in accordance with th..

Posted in Taxation |   1149 hits

Collection of sinking fund is a capital receipt and not liable to be taxed as revenue receipt

 18 May 2012

The Ld. Commissioner of Income Tax (Appeals) erred in law in treating `35,49,091/- as revenue receipt being the amount received from the flat owners and / or tenants for replacement of capital assets and shown as sinking fund in accounts which was co..

Posted in Taxation |   1753 hits

Provisions of Rule 8D are not ultra virus the provision of sec 14A and do not offend Article 14 of the Constitution

 18 May 2012

The assessee is a company engaged in the business of syndication of loans, placement of bond and other financial instruments. The assessee received dividend income of Rs. 21,09,430/-, which did not form part of the total income under the Act. In view..

Posted in Taxation |   1325 hits

To recall a dismissed appeal for non proseqution sufficient cause should be shown

 17 May 2012

This case was listed for hearing before the Tribunal on 01-5-2012 and for this assessee was informed. Today i.e. on 01-5-2012 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 |   1136 hits

Mere disallowing the claim of deduction is not a ground to proceed penalty under sec 271(1)( C )

 17 May 2012

Brief facts of the instant case are that the assessee filed its return on 31.10.2002. On 28.3.2008 the Assessing Officer passed assessment order. Made disallowance u/s 10A of the Income Tax Act (hereinafter to be referred to as the Act) by partly all..

Posted in Taxation |   1686 hits

Dismissed appleal for non proseqution can be recalled depend on the satisfied reason

 16 May 2012

Having regard to the facts stated above and keeping in view of the provisions of Rule 19(2) of the ITAT Rules as were considered by the Tribunal in the case of CIT vs. Multiplan (India) Ltd. reported in 38 ITR 320 (Del) and by the Hon’ble Madhya Prad..

Posted in Taxation |   1067 hits

As per sec 14A Rule 8D is applicable with effect from A.Y 2008-09

 16 May 2012

Facts of the case are that the assessee filed its return qua the assessment year on14.11.2006 declaring total income of Rs. 25,88,000/-. Also claimed dividend of Rs. 3,03,110/- as exempt from tax u/s 10(34) of the Act. However, the Assessing Officer ..

Posted in Taxation |   1948 hits

EPF paid before the date of return cannot be disallowed as per Delhi High court decision and all expenses should be genuine to claim deduction

 15 May 2012

The brief facts of the case are that assessee during the year was engaged in the business of solar photo-voltaic wafers, cells, modules and systems etc. It has filed its return of income on 30th October, 2002 declaring loss of Rs.7,47,14,276. The cas..

Posted in Taxation |   1232 hits