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Taxation Judgments and Orders

Incomplete flat in a multi storied building cannot fulfilled the definition of asset under sec 2(ea) of the Act

 29 February 2012

Brief facts are that during the relevant financial year 2000-01, assessee purchased incomplete flat in a multi-storied building situated at Juhu Sai Darshan, 5th N.S. Ext. Road, JVPD Scheme, Mumbai-400 049 for a total consideration of Rs.64.65 lakhs ..

Posted in Taxation |   1214 hits

Applicability of IT Rules on Plot Society and Flat Society are not similar

 29 February 2012

On the facts and in the circumstances of the case and in law, the learned CIT(A) erred in deleting the premium on transfer fees of Rs. 10,60,000 received from members relying on the decision of the Mumbai High Court in the case of Sind Coop. Hsg. Soc..

Posted in Taxation |   1333 hits

As per sec 92 (1) in international transaction not only the item of income but expenses and interest are also covered

 29 February 2012

Ground nos.1 and 2 deal with the deletion of addition of ‘.49,99,680 on account of adjustment made to arm’s length price (ALP) in respect of international transaction with Associated Enterprise (AEs). Briefly stated the facts of these grounds are tha..

Posted in Taxation |   1355 hits

In case of share application money received the relation and the source of the money of applicant need to be disclose

 27 February 2012

Brief facts of the issue are that while during the scrutiny assessment, the Assessing Officer observed that out of Rs.40,68,500/- received by the assessee towards share capital account, an amount of Rs.39,00,000/- relating to the share application mo..

Posted in Taxation |   2421 hits

In assessment under sec 143(3) opportunity to the assessee to prove that it had fulfilled the condition of 3rd provision of sec 80HHC(3) is o be given

 27 February 2012

Briefly stated facts of the case are that the assessee firm is engaged in the business of export. The scrutiny assessments u/s 143(3) were completed for the assessment years 2002-03 and 2003-04 on 31.1.2005 and 14.9.2005 determining the total income ..

Posted in Taxation |   1205 hits

As per sec 254(2) if period of limitation is given for rectification of the order than application for rectification is to be accepted made within the period

 27 February 2012

Firstly it is noticed that this ground arises very much from the order passed by the learned CIT(A). Secondly a letter dated 08.11.2007 addressed to the Registry, I.T.A.T, by Shri Pankaj Kumar, ACIT, Circle 1(1), Mumbai is there on record containing ..

Posted in Taxation |   1231 hits

In order to take benefit of sec 68 of receive of amount from relative exempt under sec 56(1) the definition of relative should be fulfilled

 25 February 2012

The short issue in the present appeal by the assessee is with reference to addition of Rs.9,45,000/-, a gift received from the sister of the assessee brought to tax under section 68 of the Income Tax Act. The Assessing Officer was of the view that th..

Posted in Taxation |   1313 hits

As per sec 251 of the Act CIT has no power to set aside any matter to the file of AO for fresh verification without considering additional evidence

 25 February 2012

In the facts and in the circumstance of the case, the Ld.CIT(APPEAL) erred in bifurcating the interest free advance of Rs. 2.43 crores granted to M/s. Tarajyot Polymers Pvt. Ltd. partly as business advance for the part of the year and partly as non-b..

Posted in Taxation |   1337 hits

If difference in the sale and purchase is properly explained than AO cannot make any addition by their own

 24 February 2012

The assessee is engaged in the business of trading in chemicals. The sales shown in the Profit & Loss Accounts were Rs. 3,15,85,478/- and against that purchases were shown as Rs. ,93,31,117/- on which gross profit of Rs. 7.95% was declared. The asse..

Posted in Taxation |   1114 hits

As per sec 28(2) bad debt written off as irrecoverable is allowed but in case of Bank deduction is allowed only to the extent exceeds the credit balance

 24 February 2012

The appeal by the Revenue was filed on 17.12.2008 and the appeal by the assessee was filed on 27.11.2008. The assessee is a public sector undertaking and, therefore, as per the decision of Hon'ble Supreme Court in the case of ONGC Vs CCE [1995] Suppl..

Posted in Taxation |   1357 hits

Disallowance made by the AO under sec 40(a)(ia) on the fees paid to professional service

 24 February 2012

These rather elaborate grounds of appeal attempt to highlight the factual matrix in which the assessee’s grievance is set out and the arguments in support of the assessee’s grievance. However, short grievance of the assessee, as is clearly discernibl..

Posted in Taxation |   1679 hits

Penalty under sec 271 cannot be imposed if payment of tax with interest made within the time limit of notice of demand under sec 156 before the penalty proceeding concluded

 24 February 2012

We find that under the scheme of Section 271 AAA, there is a complete paradigm shift so far as penalty in respect of unaccounted income unearthed as a result of search operation carried out on or after 1st June 2007 is concerned. Unlike in the case o..

Posted in Taxation |   1824 hits

Advance receipt for providing any facility cannot be consider as income and in the absence of Income from property sec 28 is not applicable

 22 February 2012

It was observed that certain advances were received by the assessee from the intending buyers in terms of agreement dated 30.01.1999 for providing electrical connection and fire fighting equipments. These advances were not considered to be receipts i..

Posted in Taxation |   993 hits

In assessment under sec 143(3) difference with books of account should properly explained or addition can be made and interest under sec 234B can be charged.

 22 February 2012

It was observed that the balance in the shares account is Rs.23,52,580/- whereas as per books of account and as per trial balance it is Rs.22,93,130/- and assessee has failed to explain the difference or substantiate his plea that there is no differe..

Posted in Taxation |   1012 hits

Once the matter was decided in a earlier appeal than new appeal cannot on the same subject be raised before the same appellate authority

 22 February 2012

When these facts were brought to the notice of the ld. counsel for the assessee, he fairly submitted that the second appeal could not have been filed against the same order when the first appeal had already been dismissed by the ld. CIT(Appeals). On ..

Posted in Taxation |   1186 hits

In Case issue involved is identical and facts are similar than the order can be setaside and restore the case in the file of the AO

 21 February 2012

At the time of hearing, the learned AR submitted that the assessee company has not received assessment order passed by the Assessing Officer u/s 148 r/w section 143(3) for the assessment year 2002-03 as stated by the Assessing Officer that the order ..

Posted in Taxation |   1080 hits

As per Rule 19(2) of ITAT Rule 1963 in the absence of proseqution appeal can be treated as unadmitted

 21 February 2012

Having regard to Rule 19(2) of ITAT Rules, 1963 and following various decisions of the Tribunal including in the case of CIT vs. Multiplan India (P) Ltd., reported in 38 ITD 320 (Del.) and the judgment of Hon’ble Madhya Pradesh High Court in the case..

Posted in Taxation |   945 hits

Provissio of sec 194C do not apply to the payment to CDLB

 20 February 2012

The issue in appeal lies in a very narrow compass of material facts. The assessee is engaged in the business of rendering stevedoring and CFS (container freight station) services. During the course of assessment proceedings, the Assessing Officer not..

Posted in Taxation |   1386 hits

As per Rule 19(2) non reply of notice of hearing may cause the aplleal to be treated as unadmitted

 18 February 2012

Despite sending defect memo and notice of hearing sufficiently in advance, assessee did not respond either to defect memo or notice of hearing. So, it is inferred that the assessee is not interested in prosecution of this appeal..

Posted in Taxation |   1134 hits

Standard of test applied before recording any findings regarding guilty is not exactly to be applied at the stage of deciding the matter under sec 227 and 228 of the code

 18 February 2012

The brief facts necessitating the present revision petition are that acting on intelligence that large quantity of ball bearing were being smuggled from Nepal into Delhi, the DRI kept surveillance in and around Delhi. On 04.08.1992, the DRI intercept..

Posted in Taxation |   1302 hits