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Taxation Judgments and Orders

In case the appeal withdraw before passing any order the appeal liable to be dismissed

 09 February 2012

When the appeal was called for hearing, a letter dated 27.1.2012 signed by the assessee was placed before us, wherein the assessee sought permission to withdraw the appeal. It is mentioned in the letter received on 27.1.2012 as under: “I request w..

Posted in Taxation |   4196 hits

Provision of Sec 80LA prevail over the non obstante sec 70(1) and income/loss from windmill business has to be separately computed and allowed to be set off against future income

 08 February 2012

Brief stated facts of the case are as follows: The assessee is a partnership firm dealing in automobiles and Sony products and also into generation of electricity from windmills. The assessee filed its return of income for AY 2007-08 declaring income..

Posted in Taxation |   1085 hits

As per sec 32(1)(ii) depreciation is allowed on intangible asset acquired on or after 1st April 1998 and expenditure on acquiring database cannot claim as revenue expenditure

 08 February 2012

the question about admissibility of depreciation of Acquired Business Database is concerned, this issue is covered in favour of the assessee by the judgment of Hon’ble Delhi High Court in the case of CIT vs. Hindustan Coca Cola Beverages Pvt Ltd (331..

Posted in Taxation |   1833 hits

As per the DTAA one income taxed only onece at the time of received and it cannot be taxed in both the country

 08 February 2012

We have considered the facts of the case and submissions made before us. We have already mentioned that there is a distinguishable feature namely that the assessee has received payments from persons residents in India. However, the receipts have been..

Posted in Taxation |   952 hits

Explanation 1 to Sec 41(1) of the Act is not applicable on the cases prior to the said explanation come in to force

 07 February 2012

In the return of income the aforesaid amount was claimed to be not taxable under the Act. The Assessing Officer called upon the assessee to explain how the aforesaid items were not taxable. In response to the query, the assessee submitted a written r..

Posted in Taxation |   1166 hits

In case of agency business commission raised but in case of purchase and sale of business than the profit on sale cannot be consider as commission

 07 February 2012

We may first take up the case of M/s Mother Dairy India Ltd. for the assessment year 2004-05. This company hereinafter referred to as „Dairy‟, was incorporated on 1.4.2003 as wholly owned subsidiary of another company by name Mother Dairy Fruit and V..

Posted in Taxation |   926 hits

Right of the assessee to prefer appeal is statutory and appeal can be filed after the period of limitation only if there is sufficient cause

 07 February 2012

The appellant’s appeal before the Tribunal has been dismissed on the ground of limitation inasmuch as it has been filed after a delay of 1049 days. The appeal before the Tribunal was against the order of Commissioner of Income Tax passed under Sectio..

Posted in Taxation |   1206 hits

Details of the list of allotees can be asked by the AO under sec 1429(1) of the Act and LD CIT before passing any order against AOs findings opportunity should be given

 06 February 2012

On the facts and in the circumstances of the case and in law, the Ld CIT(A) has erred in deleting the addition of `.50,00,000/- made by the Assessing Officer u/s 68 of the Income Tax Act, 1961 being the unexplained share capital and share premium. ..

Posted in Taxation |   1408 hits

If books of account filed by the assessee not proper AO can reject that and in case of trading in broken rice government also accept levy after allowing 25% on broken rice

 06 February 2012

Assessee filed original return of income on 1.11.2004 declaring an income of Rs.92,076/-. The case was processed u/s 143(1) and later on case was selected for scrutiny. In response to notice u/s 143(2) and 142(1), the assessee’s representative appear..

Posted in Taxation |   1095 hits

Disallowance under sec 14A can be made if the expenditure related with exempted income

 04 February 2012

First issue which is common in both the appeals relates to addition made under sec. 14A of the Act. The facts of the case stated in brief are that the assessee is a company engaged in chain of Chinese food restaurants. During the year under considera..

Posted in Taxation |   1438 hits

Penalty under sec 271(1)(C) cannot be imposed either for concealment or furnishing inaccurate particulars

 04 February 2012

The relevant facts of the case are that the assessee is a company incorporated in Thailand and was engaged in the business of providing digital broadcast service through its transponders to its customers including Indian residents. For the years unde..

Posted in Taxation |   1570 hits

If after sending notice in proper time no step have been taken place than the appeal treated as un admitted

 03 February 2012

Despite sending notice sufficiently in advance and there being defect memo about late filing of the appeal, the assessee did not appear nor filed any petition to remove the defect pointed out. Therefore, we infer that the assessee is not interested i..

Posted in Taxation |   1110 hits

As per the Income Tax act expenditure during the year amounting to setting up cannot be treated as preoperative expense

 03 February 2012

In the return of income filed, the assessee computed the loss of ` 12,28,782/-. From the perusal of the balance sheet, the Assessing Officer observed that the assessee had debited loss amounting to ` 12,28,782/- during the year. The assessee company ..

Posted in Taxation |   4978 hits

In the Assessment Details of share holder required to given otherwise AO can asked for information about share holder under sec 133(6) to prove genuineness

 02 February 2012

The grounds raised in the appeal read as under:- “i) On the facts in the circumstances of the case the Ld. Commissioner of Income Tax (Appeals) has erred in law by deleting the addition of ` 70,00,000/- made by the Assessing Officer on account of sh..

Posted in Taxation |   1084 hits

If the Party for whom reference is made fail to prepare books so as to enable hearing the court is not bound to answer the reference

 02 February 2012

This is the appeal filed by the assessee against the order dated 30.9.2011 of CIT(A)-XVII, New Delhi pertaining to A.Y. 2008-09. However at the time of hearing no one was present on behalf of the assessee nor any adjournment application was placed be..

Posted in Taxation |   1026 hits

Where the units delivered and security transaction tax has been paid than the transaction can be shown as short term or long term capital gain

 01 February 2012

Briefly stated facts of the case are that the assessee an individual derives income from house property, business income, long term and short term capital gain and other sources, filed return declaring total income at Rs.86,78,840/-. During the cours..

Posted in Taxation |   1126 hits

If proper entry made in the cash book than cash amount cannot be in question in the assessesment

 31 January 2012

The brief facts of the above issue are that during the course of assessment proceedings, the AO from the capital accounts of the partners observed that a sum of Rs.5,27,500/- was introduced by each partner on 15.4.2005 and another sum of Rs.2,500/- w..

Posted in Taxation |   1510 hits

Principal of res-judicata has no application in IT Act and finding of particular assessement year cannot be binding on subsequent year

 31 January 2012

Facts, in brief, as per relevant orders are that assessment in this case was completed u/s 143(3) of the Income-tax Act, 1961 (hereafter referred to as the Act) vide order dated 30.12.2004, determining income of ``28,28,40,870/-.Subsequently, after r..

Posted in Taxation |   1307 hits

Units of mutual fund are not generally trading instrument because of low fluctuation and number of transaction in units also not large

 30 January 2012

Briefly stated facts of the case are that the assessee is an Insurance Agent. The return of income was filed showing an income of Rs.49,56,545/- consisting income from insurance commissions, house property, capital gains and income from other sources..

Posted in Taxation |   1112 hits

If AO not consider all document contained in the paper book filed by the assessee than the decision deserved to be set asideIf AO not consider all document contained in the paper book filed by the ass

 30 January 2012

Briefly stated facts of the case are that the assessee an individual derives income from house property, business, capital gains and income from other sources, filed return declaring total income at Rs.5,72,052/-. However, the assessment was complete..

Posted in Taxation |   1106 hits