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Taxation Judgments and Orders

The Expenditure incurred in relation to new plant which was still un-constructed was not revenue expenditure

 20 March 2012

It would be appropriate to give a brief background of the case before we proceed to deal with the miscellaneous application. The revenue in the ground No.6 had raised dispute regarding deletion of addition by CIT(A) in relation to expenditure incurre..

Posted in Taxation |   1106 hits

Deduction of TDS on reimbursed expenses cannot constitute the amount the Income of the assessee

 20 March 2012

Briefly stated the Assessing Officer noticed that the assessee had total receipts of Rs.1,40,54,731/- out of which Rs.1,27,70,141/- were the bills raised during the year, but the assessee accounted for the net commission at Rs.41,19,613/-. He further..

Posted in Taxation |   4852 hits

As per sec 10(10D) any received from the Life insurance company is eligible for deduction whether received from Indian or Foreign company

 19 March 2012

On the facts and circumstances of the case and in law, the learned Income Tax officer erred in law in interpreting the personal effects i.e. capital receipts as revenue receipts received by your appellant for maturity of Life Insurance Policy and by..

Posted in Taxation |   2373 hits

ATM machine are functioning only with the use of computer so depreciation can claim @60% and depreciation on software license for new branch can claim @ 30%

 19 March 2012

The facts of the case are that the assessee company is a subsidiary of Saraswat Co.Op.Bank Ltd., and the assessee company provides software development and information technology enabled services to its holding company, i.e. Saraswat Bank. During the..

Posted in Taxation |   1629 hits

According to sec 43(5) define in arbitrage activities a trader can take advantage of Variation of price quote of same script at two different exchanges

 19 March 2012

From the observation we can find the following fact.. The assessee is engaged in the business of jobbing / arbitrage activities. He undertakes business of share trading on his own account. He filed his return of income on 27th July 2006, declaring..

Posted in Taxation |   860 hits

If CIT exercise power under sec 250(4) the AO need not be given any opportunity and if CIT acts on application under Rule 46A opportunity to AO is mandatory

 17 March 2012

At the very outset, Ld. DR submitted that with respect to all the three additions of Rs.4,37,45,772/-, 5,64,000/- and Rs.5,39,585/- on account of purchases, excess remuneration and commission paid respectively, the assessee did not file necessary con..

Posted in Taxation |   1395 hits

As per CBDT instruction tax effect must exceed 3 Lacs to file appeal before the Tribunal

 17 March 2012

We find that appeal in this case was filed on 4.2.2011 i.e. before the aforesaid instruction dated 9.2.2011. However, tax effect is below even ``2 lacs, stipulated in CBDT instruct ion no. 5 of 2008 dated 15.5.2008. Moreover, a co-ordinate Bench vide..

Posted in Taxation |   1689 hits

If the Assessee file return within the time prescribed under sec 139(1) than setting off loss in the revised return under sec 139(5) cannot be allowed

 17 March 2012

We have heard the ld AR of the assessee as well as the ld DR and considered the relevant material on record. The Assessing Officer has disallowed a sum of Rs.1,61,390/- u/s 14A by applying Rule 8D of I T Rules. The CIT(A) has confirmed the disallowa..

Posted in Taxation |   1720 hits

Payment made to the manager for Euro Issue without deducting TDS can create liability of interest under sec 194A of the Act

 16 March 2012

On the facts and in the circumstances of the case and in law, the Ld. CIT (A) erred in directing to allow interest under section 244A on the amount of self assessment tax ignoring the Circular No.769 and 790 issued by the CBDT The facts which are..

Posted in Taxation |   1412 hits

As per sec 4 Taxed is to be paid on taxable turnover computed as per sec 5 read with sec 2(1)(zm)

 16 March 2012

With a view to grant some relief in the price rise to the consumers, who had to pay the enhanced price of petrol and diesel, Government of NCT of Delhi issued Memorandum No. F.1(13)/PII/VAT/Act/2006/2069 dated 20th June, 2006 to the following effect:..

Posted in Taxation |   1018 hits

As per Import Export policy second hand goods except capital can be import subject to obtained license and custom authority are allowed to take necessary test of the goods

 16 March 2012

The petitioner has filed the present writ petition in this Court alleging that the respondent custom authority is delaying the release of the said consignment by taking the plea that the goods imported were old and used and therefore, they are “Elect..

Posted in Taxation |   2135 hits

Reward Committee is responsible to determine the amount of reward but it cannot reduce the amount on the basis that they do not know the penalty amount

 15 March 2012

The petitioner by this writ petition impugns the quantum of award released to him, inter alia, contending that he was earlier sanctioned reward @ 20% of the customs duty vide certificates dated 26th March, 1998, 24th May, 2004 and 27th June, 2006 on ..

Posted in Taxation |   780 hits

The computation of the limitation period shall begin from the date of expiry of the compliance period as provided by order under sec 234(3A) of the Act

 14 March 2012

The brief facts necessitating the disposal of the present petition are that a complaint was received by the Regional Director, Northern Region, Noida regarding irregularity/ illegality in the affairs of the Petitioner Company. The complaint was forwa..

Posted in Taxation |   1022 hits

As per the provision of sec 11B of the Central Excise Act that burden to prove that incidence of duty is not transferred to the customer is on the person claiming refund

 14 March 2012

I have carefully examined the submissions.The refund claim in question comprises three distinct elements. The claim of Rs.2,81,558/- is in respect of remoulded chocolates. There is no disputed of the fact that this item has been held to be non-excisa..

Posted in Taxation |   1187 hits

Once the notice issued by the department and same has not been received back then it will be deemed to be served

 14 March 2012

Whether in the facts & circumstances of the case Ld. Commissioner of Income tax (Appeals) has erred in law and facts of the case in annulling the re-assessment proceedings merely on the ground of service of notice ignoring the provisions of section 2..

Posted in Taxation |   1155 hits

Penalty under sec 271D can be imposed in the absence of allotment against money received in cash or proper details of transaction

 13 March 2012

The tribunal in the impugned order has not referred to the factual matrix or given any finding either affirming or contrary to the finding recorded by the Assessing Officer/CIT (Appeals). The tribunal referred to the decision of the Jaipur Bench in t..

Posted in Taxation |   1501 hits

If asseesee taking part in assessment without issuing notice under sec 143(2) it cannot amount illegality but order passed without giving opportunity is void

 13 March 2012

I have carefully considered the various arguments raised by the appellant and also the material brought on record by the Assessing Officer. On the issue of notice u/s. 143(2), I have called for and examined the case records of the Assessing Officer. ..

Posted in Taxation |   1201 hits

If notice under sec 148 is issued in the absence of any failure on the part of assessee than the notice and subsequent proceedings liable to be struck down

 13 March 2012

Adverting first to ground no.1 in the appeal, facts, in brief, as per relevant orders are that return filed on 31.03.2002 by the assessee, a financial services company, was selected for scrutiny with the service of a notice u/s 143(2) of the Income-t..

Posted in Taxation |   1242 hits

As per SC decision reassessment under sec 147 is to be valid only in the presence of material enable the AO to formed the decision that there is escape assessment

 12 March 2012

The assessee is a private limited company engaged in the business of providing professional services and trading of shares. The return of income for the year under consideration was filed on 31.10.2001 declaring net income of Rs.13,833/-. The reasses..

Posted in Taxation |   1717 hits

Sec 145A said for valuation of inventory method to be adopted is the method of regularly used by the assessee but as per AS 2 changes can be adopted if only statute permit

 12 March 2012

On the observation we find the following fact... The assessee company is engaged in the business of manufacture and sale of writing instruments. During the relevant assessment year, the assessee has changed the method of valuation of stock. Due to t..

Posted in Taxation |   6363 hits