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Taxation Judgments and Orders

Same earning cannot be taxed twice only because lying in the hands of other as undisclosed income

 29 March 2012

The assessee is a trust running nine educational institutions under various names catering to different kind of education like Management, Engineering, Medial Sciences, Nursing, Pharmacy, etc. It was granted registration u/s 12AA (2) of the Act by CI..

Posted in Taxation |   3044 hits

Appeal cannot be filed in Tribunal if the tax effect is less than Rs.3 lakh

 29 March 2012

At the outset, it was pointed out by the learned AR that the tax effect in the present case is less than Rs. 3 lac. He has produced before us the demand notice according to which the total tax has been computed at Rs. 2,12,781/-. The learned DR could..

Posted in Taxation |   948 hits

Sec 194I and 194J of TDS is applicable from the A.Y 2007-08 and not before come in to existence

 28 March 2012

At the time of hearing before us, it was pointed out by the learned counsel for the assessee that this issue is settled in favour of the assessee for AY 2005-06 because the similar disallowance was made in AY 2005-06. The learned CIT (A) allowed the ..

Posted in Taxation |   4868 hits

Expenditure on exempted income cannot allowed but it can disallowed only to the extent claim by the assessee

 28 March 2012

At the time of hearing before us, it is stated by the learned counsel for the assessee that there are various factual errors in computing the disallowance as per Rule 8D. However, he is not arguing in detail with regard to those errors but, his argum..

Posted in Taxation |   1282 hits

As per the Finance Act 2007 sec 194H is not applicable on the commission or brokerage payable by BSNL to its PCO franchises

 28 March 2012

At the outset, the learned counsel for the assessee submitted that the issue involved in the present appeals is covered in favour of the assessee by the order of ITAT, Pune Bench dated 7th December, 2011 rendered in assessee’s own case in ITA Nos.983..

Posted in Taxation |   1538 hits

Utilization of loan as providing financial assistance to group companies cannot raise the question of disallowance of interest on loan

 27 March 2012

In this case, the facts are that the original assessment in this case was completed u/s. 143(3) of the IT Act, 1961 wherein, apart from others, disallowance on account of payment of interest of Rs. 10832532/- was made. Being aggrieved by the order of..

Posted in Taxation |   1137 hits

Amount received from immovable property if invested within the time allowed under sec 139(4) is entitled for exemption under sec 54

 27 March 2012

Facts, in brief, as per relevant orders are that return declaring income of Rs.7,08,754/-filed on 04.03.2009 by the assessee, after being processed u/s 143(1) of the Income-tax Act, 1961 (hereafter referred to as the Act), was selected for scrutiny w..

Posted in Taxation |   1537 hits

On the termination of royalty agreement for training it cannot be returned expenses incurred on such training can be treated as capital expenditure

 27 March 2012

From the observation we can find the following fact, it is very clear that assessee has not obtained any benefit of enduring nature. The royalty is payable on the basis of volume of sales year to year. In the event of termination of agreement has to ..

Posted in Taxation |   1038 hits

In the absence of minimum tax effect as per the instruction of the IT appeal disserved to be dismissed

 26 March 2012

The tax effect in this case is found to be less than Rs.3 lac, the limit prescribed under Instruction No. 3/2011 dated 09.02.2011 and when Ld.CIT(DR) was apprised of this fact, she could not controvert the same and she was also unable to show that th..

Posted in Taxation |   853 hits

In the presence of full disclosure of source of share application money AO cannot raise question on that

 26 March 2012

The brief facts of the case are that assessee has filed its return of income on 30.3.2003 declaring an income of Rs.43,400. This return was processed under sec. 143(1) of the Income-tax Act, 1961 on 25.5.2003 at the returned income. According to the ..

Posted in Taxation |   1369 hits

Appeal cannot be allowed in the absence of prosecution

 26 March 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 several dates the hearing was adj..

Posted in Taxation |   913 hits

Interest income cannot be assessed separately in the hands of the assessee

 24 March 2012

The brief facts of the case are that assessee is an individual. He has filed his return of income on 18.12.2006 declaring an income of Rs.155,27,356. The case of the assessee was selected for scrutiny assessment and a notice under section 143(2) of t..

Posted in Taxation |   1127 hits

In case of mere advancing depreciation cannot be allowed and in case of finance lease only lessee can claim depreciation

 24 March 2012

Briefly stated the facts of the case for the A.Y. 1998-99 are that the assessee bank filed its return claiming depreciation of `25,70,03,293. The Assessing Officer observed that there was substantial variation between the amount of depreciation as pe..

Posted in Taxation |   1080 hits

As per Rule 19 if the appellant remain absent on the date of hearing without showing any reason than appeal will be treated as un-admitted

 24 March 2012

However, at the time of hearing no one was present on behalf of the assessee nor any adjournment application received. Appeal was passed over in the first round. Even in the second round also the position remained the same. The record shows that the ..

Posted in Taxation |   1005 hits

Sec 14A not applied on the interest accrued on bond issued by Bank and assessee need to prove the source of investment to claim deduction under sec 10(33)

 23 March 2012

The tribunal in the impugned order has examined the factual matrix relating to acquisition/purchase of the equity shares mentioned at serial nos.1 to 3 and the investment in mutual funds. It has reached a categorical and a firm conclusion that the bo..

Posted in Taxation |   1194 hits

Company formed by reconstruction cannot be qualified for claiming deduction under sec 10A

 22 March 2012

The facts which revealed from the records are as under. The assessee company is engaged in the business of providing business process management, transitioning services, BPO services to its clients. The assessee is carrying out the said activity from..

Posted in Taxation |   1462 hits

Payment of director remuneration as per companies act 1956 and disclosed with supporting document cannot be disallowed

 21 March 2012

On the facts and in the circumstances of the case and in law, the Ld. CIT (A) erred in deleting the addition of Rs.78,84,241/- being the excess amount of unexpired service contracts holding that since the service contract is spread over 2 accounting ..

Posted in Taxation |   2029 hits

Clause (d) inserted in sec 80IB (10) with effect from April 2005 is prospective not retrospective

 21 March 2012

On the facts and in the circumstances of the case and law, the Learned CIT(A) has erred in holding that the assessee is entitled to deduction uls.801B(10) of Rs. 1,90,03,948!- by placing reliance upon various decisions ignoring the facts that the le..

Posted in Taxation |   1273 hits

If any amount of wife deposited in the assesses account with the support of affidavit from her that can not be treated unexplained

 21 March 2012

Facts, in brief, as per relevant orders are that on the basis of information received from the office of Addl.DIT (Investigation), Ghaziabad that the assessee deposited cash in his bank account No.785 in Punjab National Bank, BB Nagar, Ghaziabad duri..

Posted in Taxation |   1239 hits

Where the Rent Control Act is applicable then actual rent received is to be taken as annual value of the property subject to verify all record and books

 20 March 2012

At the time of hearing, it was pointed out that the amount mentioned in the grounds is not correct and the correct amount is Rs. 25,70,208/- instead of Rs. 72,96,230/-. The ld DR has accepted this factual mistake in the ground. Accordingly, we proce..

Posted in Taxation |   1309 hits