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Taxation Judgments and Orders

Until and unless there was actual expenditure for earning the exempted income there could not be any disallowance under sec 14A

 11 January 2012

The short issue involved in these appeals is: whether common expenses incurred by an assessee can be allocated towards taxable and non-taxable income under the provisions of Section 14A of the Income Tax Act, 1961 (hereinafter referred to as the „I.T..

Posted in Taxation |   1194 hits

When Rule 8D is not applicable the provision of sec 14A is to be followed and AO is duty bound to determine the expenses related to particular income

 11 January 2012

Briefly stated facts of the case are that the assessee company is engaged in the business of Trading in Electric Motors, Fans, Laboratory equipments and generation of Wind Power filed return declaring total income at Rs.11,60,151/-. During the course..

Posted in Taxation |   1420 hits

In the absence of appearance on the date of hearing and absence of application for adjournment may cause the appeal dismissed

 10 January 2012

When the matter was called on for hearing, nobody appeared on behalf of the assessee nor was any application for adjournment filed. From the acknowledgement-cum-notice, it is transpired that the assessee’s representative has noted the date of hearing..

Posted in Taxation |   1135 hits

Influence on Assignment deed for trade mark on date subsequent to the date of registration of case relating that trade mark will be decided by Tribunal

 09 January 2012

According to the provisions of the Trade Marks Act, for getting registration of a trade mark, an application is required to be filed in accordance with the provisions incorporated in the said Act. Such an application is required to be advertised and ..

Posted in Taxation |   1336 hits

Sec 269SS and Sec 269T of the Act which attract penalty under sec 271 is not violated by share application money and repayment thereof

 09 January 2012

Assessing Officer levied penalty under section 271D for the assessment year 2004-05 in respect of M/s. J.A. Land & Housing Dev. India Limited and also in assessment years 2005-06 & 2006-07, as well as under section 271E of the Income Tax Act for the..

Posted in Taxation |   1943 hits

Loss incurred on refund of advance received from the customer is to be allowed irrespective to the use of the fund

 09 January 2012

Facts in brief are that during the course of assessment proceedings, the Assessing Officer noticed that the assessee has claimed deduction of Rs.64,41,673 on account of loss being exchange difference on refund of customer’s advance. It was also notic..

Posted in Taxation |   1099 hits

As per sec 14A of IT expenses incurred to earn tax free income is liable to be disallowed

 09 January 2012

The captioned appeals being three (3) in number are directed against a common judgment of the Income Tax Appellate Tribunal (hereinafter referred to as the Tribunal) dated 22.02.2008 ITA No.1367/2008 relates to Assessment Year 1991-1992; ITA No.1..

Posted in Taxation |   1273 hits

Depreciation cannot be added back when the same was allowed as application of income under the head capital expenditure

 06 January 2012

The assessee is a public charitable trust. It is registered u/s 12A(a) of the Income Tax Act. Its income is eligible for exemption u/s 11 of the Act subject to the conditions specified therein. In the income and expenditure account submitted by the a..

Posted in Taxation |   1187 hits

Interest on delay payment covered by principle of mutuality cannot be made addition by AO

 06 January 2012

. The facts which revealed from the record are as under. The assessee is Co-operative Housing Society. The return filed by the assessee was selected for scrutiny and assessment was completed u/s.143(3). It was also noticed by the A.O. that the asses..

Posted in Taxation |   1245 hits

If notice given is not properly replied by the appellant than the appeal deserved to be dismissed

 06 January 2012

At the time of hearing of the appeal, neither the assessee nor any of his authorized representative were present, although, the last notice for hearing the appeal on 11.08.2011 was sent at the address given by the assessee in form no.36. The same has..

Posted in Taxation |   1091 hits

Amount on which TDS deducted than no matter it was included or not

 05 January 2012

Brief facts of the case are that in the relevant assessment year, the assessee-firm derived income from business of civil construction. The assessee had filed its return of income declaring total income of Rs.68,970/-. The Assessing Officer noticed f..

Posted in Taxation |   1199 hits

The appeal does not mean merely filling of appeal but effectively pursuing it

 04 January 2012

If the party, at whose instance the reference is made, fails to appear at the hearing, or fails in taking steps for preparation of the paper books so as to enable hearing of the reference, the court is not bound to answer the referenc..

Posted in Taxation |   1121 hits

If assessee holding share as Investment and as Stock in Trade and no question raised on that than it cannot be changed on the basis of amendment in the law

 04 January 2012

Brief facts of the case are that the assessee-company in the relevant assessment year carried on the business of trading in shares and securities and investment in shares and securities. The Assessing Officer noticed that the assessee had shown long-..

Posted in Taxation |   1801 hits

Appeal filed in the violation of the instruction issued by the IT is liable to be dismissed

 04 January 2012

This appeal filed on 12.5.2011 by the Revenue against an order dated 27.1.2011 of the ld. CIT (Appeals)-I, New Delhi, raises grounds relating to addition of i)` 4,66,935/- on account of unexplained bank credit.;ii) ` 4,55,000/- on account of unexplai..

Posted in Taxation |   1001 hits

Borrowed fund can not be given as interest free loan to other and on disallowance of exp AO must be mention some reason for such

 03 January 2012

(i) That the sustaining of disallowance of interest Rs. 1,61,226/- by Ld. Commissioner of Income Tax (Appeals) on the ground that assessee has made interest free advance of borrowed funds in arbitrary, unjust, unwarranted and at any rate very excessi..

Posted in Taxation |   1431 hits

Merely passage of time cannot treat unsecured loan no longer payable and it can not invoked sec 41(1)

 03 January 2012

“(i) On the facts and in the circumstances of the case, the Ld. Commissioner of Income Tax (Appeals) has erred in law in deleting the addition of Rs. 13,80,000/- made by the Assessing Officer on account of unsecured loans by accepting unsecured loan ..

Posted in Taxation |   1549 hits

At the time of falling market price a person can take the benefit and can adjust his Loss and sec 42 of SEBI Regulation 1996 is only applicable on broker operating in the stock exchange

 02 January 2012

Above issue arises as Assessing Officer considered the sale of shares by the assessee to the firm in which he is a Partner as a non genuine transaction. Consequently he re-worked out the P&L account as stated in page 8 of the assessment order and det..

Posted in Taxation |   877 hits

Order Passed under sec 143(3) is not valid in the absence of service of notice under sec 143(2) and AO must give proper findings on the order

 02 January 2012

Ld. CIT (Appeal) is not justified in law and facts and circumstances of the case in holding the order passed under section 143(3) as valid without proving the valid service of notice under section 143(2) with in the limitation period of 12 months as ..

Posted in Taxation |   1727 hits

Depreciation claimed for computer software etc is allowed only if used for more than 180 days

 31 December 2011

The Commissioner issued notice under Section 263 of the Act on two grounds: firstly, the respondent had earned dividend income of Rs.28,20,145/- which was exempt from tax but no disallowance of expenditure under Section 14A of the Act was made. Secon..

Posted in Taxation |   1983 hits

AO can make addition if the cash credit is fully explained

 31 December 2011

This appeal by the Revenue is directed against the order of the Ld. Commissioner of Income Tax (Appeals) dated 28.10.2009 pertaining to assessment year 2005-06. The grounds raised read as under:- “(i) In the facts and the circumstances of the ..

Posted in Taxation |   1146 hits