LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Taxation Judgments and Orders

Details must be provided of Interest on loan and the salary paid to partner as prescribed in the Act is allowed whether he is absent at the time of survey

 17 December 2011

In completing the assessment, the assessing authority has made addition of ` 49,534/- as disallowance of interest attributable to loan creditors. The assessee’s books of accounts contained loan credits brought down from the earlier assessment year an..

Posted in Taxation |   1734 hits

In case of loan the lender identity must be deposited at assessment and repair expenses of office vehicles are disallowed up to 5% if used partly for personal use

 17 December 2011

The first ground relates to addition of Rs.13,77,000/- made u/s 68 by the AO. During the assessment proceedings the assessee was asked by the AO to prove the identity of the lender, genuineness of the transaction and creditworthiness of the lender in..

Posted in Taxation |   1344 hits

If the tax liability is below minimum than the transaction unexplained and income can be exempted

 16 December 2011

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

Posted in Taxation 1 comments |   2136 hits

Cash assistance is to be taxed under the head Income from Business

 16 December 2011

The ground raised by the assessee is that the Commissioner of Income Tax(Appeals) has erred in confirming that cash assistance is taxable in the hands of the assessee. It is the case of the assessee that the Commissioner of Income Tax(Appeals) himsel..

Posted in Taxation |   1665 hits

Sec 234D of Income Tax Act for charging interest on excess refund is applicable only from AY 2004-05

 16 December 2011

In brief, the factual background giving rise to the impugned dispute can be summarized as follows. By a letter dated 18.12.2006, it was pointed out by the assessee that a refund of Rs 6,78,32,796/- was received by it on 1.4.2006 in consequence of the..

Posted in Taxation |   3398 hits

As per Rule 19 of AT Rule 1963 Tribunal can treat the appeal as un-admitted appellant can recall on sufficient cause been shown

 15 December 2011

This case was listed for hearing before the Tribunal on 08-12-2011 and for this assessee was informed. Today i.e. on 08-12-2011 when the case was called on board, none appeared on behalf of the assessee nor any request for adjournment has been filed ..

Posted in Taxation |   1510 hits

Expenditure incurred in acquisition of intangible asset is to be treated as revenue expenditure

 15 December 2011

On the facts and circumstances of the case, the learned CIT(A) ought not have deleted the addition of Rs. 4,49,95,728 representing expenses for acquisition of rights The learned CIT(A) ought to have appreciate the fact that the provisions of sec. 32..

Posted in Taxation |   1697 hits

On submission of proof establishing identity and creditworthiness of shareholder share application money cannot be in disputes for assessment

 14 December 2011

. That having regard to the facts and circumstances of the case, ld. CIT(A) has erred in law and on facts in confirming the action of the ld.AO in making addition of ` 15,00,000/- being share application money received during the year holding the sam..

Posted in Taxation |   1902 hits

It is the duty of the AO to carefully verify the statement given by the Assessee against any claim made by the AO

 13 December 2011

The brief facts of the case are that search and seizure operations u/s 132(1) of the Income –Tax Act, 1961 (hereinafter referred to as the Act) were conducted at the residence and business premises of the various members of Maheswari Brothers Group o..

Posted in Taxation |   1620 hits

Security deposited against leased property refundable on completion of tenure cannot be consider as Capital Gain

 13 December 2011

The brief facts of this issue are that while doing the scrutiny assessment after analyzing the various clauses in indenture of conveyance dated 27th April, 1991 and the indenture lease dated 28.12.1995 and the explanation given by assessee at the req..

Posted in Taxation |   1936 hits

Interest on Interest free loan given related to business cannot be disallowed expenditure

 13 December 2011

. Brief ly stated facts of the case are that the assessee derives income from Hiring of Cranes to ONGC and other oi l refineries, management services to group companies, dividends and interest from investments and income from sale of investment and T..

Posted in Taxation |   1506 hits

Share Application money forfeited for non payment of call cannot be considered as income in the year of forfeiture

 13 December 2011

) (A) That on the facts and circumstances of the case, the ld. CIT(A)-XII, has grossly erred in confirming the brought forward “SHARE APPLCIATION FORFEITURE ACCOUNT” as unclaimed credit and thus, confirming addition for ` 25,00,000/- to the declared ..

Posted in Taxation |   4889 hits

Taxes paid by the employer is treated as perquisites included in the salary and cannot be consider monetary payment to employee

 11 December 2011

On facts and circumstances of the case, whether the learned CIT(A) has erred in allowing exemption u/s 10(10CC), where the facts clearly establish that the tax paid by the company M/s Transocean Offshore Deepwater Drilling Inc. for assessment year 20..

Posted in Taxation |   1778 hits

Under Sec 143(3) whether the expenditure Capital or Revenue is relevant for the regular assessment.

 03 December 2011

This appeal is directed against the Tribunal’s order dated 19th May, 2006 for the block assessment period 1.4.1988 to 14.10.1998. The main issue raised is in respect of the deletion by the CIT(A) and the Tribunal of the addition of about ` 51.52 lacs..

Posted in Taxation |   1359 hits

A O must give evidence that assessee received amount more than he disclosed for the application of Sec 260A of IT Act 1961

 30 November 2011

This is an appeal under Section 260A of the Income Tax Act, 1961 (for short, “the ct”) against the order dated 25.4.2008 passed by learned Income Tax Appellate Tribunal (“the Tribunal” for short) in Appeal No.1056/DEL/2006 for the assessment year 20..

Posted in Taxation |   1668 hits

As per Circular issued on 24.11.2005 by CBDT that Accreditation is depend on the fulfillment of the condition clearly mentioned in Para 7 of the Circular

 22 November 2011

On 24 November 2005 the Central Board of Excise and Customs issued a circular providing for the introduction of a Risk Management System (RMS) with an Accredited Clients Programme (ACP) as its major component. The object of the programme is to grant ..

Posted in Taxation |   1565 hits

Sec 14A is applicable on all Expenditure of Investment in share of operating Company for controlling interest and new introduced rule can not be applicable on the pending proceeding

 21 November 2011

Whether expenditure (including interest paid on funds borrowed) in respect of investment in shares of operating companies for acquiring and retaining a controlling interest therein is hit by section 14A of the Income tax Act, 1961 inasmuch as the div..

Posted in Taxation |   1515 hits

Remuneration paid to the partners by the firm is to be allowed subject to the condition mentioned in Sec 40(b) (i) to (v) of the Income Tax Act

 17 November 2011

The present appeal under Section 260A of the Income Tax Act, 1961 (Act, for short) has been preferred by Sood Brij & Associates, a partnership firm, consisting of two partners namely A.K. Sood and B.M. Gupta, who are practicing Chartered Accountants...

Posted in Taxation |   2464 hits

Expenditure on Software and Professional fees cannot disallowed as per the IT Act 1961 only on the ground that it was treated differently in the book

 16 November 2011

Two appeals had been filed by the revenue, while the third appeal had been filed by the assessee. The revenue had filed appeals for both the assessment years, i.e., 1997-98 and 1998-99, while the assessee had filed an appeal only qua assessment year ..

Posted in Taxation |   1742 hits

As per Sec 15 Tax Shall not be levied more than one stage unless the condition fulfilled mention in Section 5A of the State Act

 14 November 2011

Whether under the Bengal Finance (Sales Tax) Act, 1941 as extended to the Union Territory of Delhi, the tax imposed on cotton yarn without fixing the stage of imposition is in conformity with the provisions of Section 15 of the Central Sale Tax Act, ..

Posted in Taxation |   1451 hits