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Taxation Judgments and Orders

Order passed on merits without a speaking order cannot be sustained

 07 November 2012

Against ex parte dismissal of appeal: a) For that on the facts and circumstances of the case and in law, the Ld. CIT(A) erred in dismissing the appellant’s appeal for alleged non-pursuing of the appeal. b) For that on the facts and circumstance..

Posted in Taxation |   1952 hits

Impact of cash deposited in creditors account before payment

 06 November 2012

On the facts and in the circumstances of the case, Ld. Commissioner of Income Tax (A) has erred in deleting the addition of ` 1001500/- made u/s. 68 of Income Tax Act, 1961 especially when the identity and credit worthiness of the share applicants an..

Posted in Taxation |   1418 hits

IT Return, Bank Statement, PAN Card. B/S and P/l account of creditors is enough explain creditors

 06 November 2012

The brief facts of the above case are that while doing the scrutiny assessment the AO has added an amount of Rs.65,96,859/- under the head ‘unexplained loan creditors’ and Rs.2,44,256/- under the head interest paid on the above loan creditors by obse..

Posted in Taxation |   1711 hits

Penalty provisions u/s 271(1)(c) of the Act are not automatic provisions

 05 November 2012

Briefly stated, the facts giving rise to this appeal are that the assessee filed a return declaring an income of Rs.53,46,390 for AY 2003-04 which was processed u/s 143(1) of the Act. Subsequently, the case was selected for scrutiny and accordingly a..

Posted in Taxation |   3772 hits

Treatment of investment on construction of house under section 69C of IT

 05 November 2012

On the facts and in the circumstances of the case, the Ld. Commissioner of Income Tax (A) has erred in deleting the addition of ` 15,12,750/- made by the Assessing Officer on account of unexplained investment on construction/ renovation of 1st floor ..

Posted in Taxation |   1476 hits

If appeal has legal backing cannot be dismissed

 03 November 2012

That on the facts and in the circumstances of the case and in law, the Ld. Commissioner of Income Tax (A) erred in confirming the penalty levied by the Assessing Officer on account of disallowance of maintenance expenses amounting to `7886/- and Depr..

Posted in Taxation |   1445 hits

Rate applicable on valuation of residential house

 03 November 2012

That the Learned Assessing Officer has wrongly applied the valuation of Residential House as made by District Valuation Officer which is based on material rates prescribed by CPWD. With a contractors margin of 10% on supplying / fixing/ providing of ..

Posted in Taxation |   1473 hits

Rejection of application of renewal of exemption under section 80 cannot be made arbitrarily

 02 November 2012

The Learned Director of Income Tax - (Exemption) has passed the order of Rejection of Application of Renewal of Exemption u/s 80G (5) (vi) of the Income Tax Act, arbitrarily on erroneous facts and superfluous reasons without bringing out the relevant..

Posted in Taxation |   1548 hits

One more opportunity can be allowed to assessee in presence of number of cases pending against him

 02 November 2012

We have considered the prayer for adjournment and have also gone through the orders and the Affidavit filed by the appellant company, we find that even the revenue authorities are aware that the assessee and its directors are involved in a number of ..

Posted in Taxation |   1297 hits

Section 5 of Limitation act for condonation of delay in the presence of only sufficient cause

 02 November 2012

. The action of the learned DIT(E) rejecting grant of approval u/s 80-G of the Income-tax Act, 1961 by referring to object of general public utility and not considering the applicability object of medical relief is illegal, arbitrary, unwarranted, un..

Posted in Taxation |   4149 hits

Confirmations of creditors is mandatory for assessment proceedings

 02 November 2012

On the facts and circumstances of the case and in law, the CIT(A) erred in granting relief in respect of addition u/s 41(1) of Rs. 30,49,113/- on account of sundry creditors for which no confirmations were filed during the course of assessment procee..

Posted in Taxation |   1742 hits

Deduction u/s 10A of the Act on its profits from provision of ITES and CSD Services to overseas associated enterprises

 31 October 2012

The reference made by the Ld. A.O. to the Learned Additional Commissioner of Income Tax, TPO-I(I), New Delhi (hereinafter referred as ‘Ld. TPO’) suffers from jurisdictional error as the Ld. A.O. has not recorded any reason on the basis of which he re..

Posted in Taxation |   1193 hits

Allow ability of expenditure for Income tax assessment

 31 October 2012

The facts of the case of the appellant are very simple in the sense that the assessee firm has debited a total of Rs.8,21,885/- to its Profit & Loss a/c which are routine expenses like expenditure for income tax assessments, trade marks, and other le..

Posted in Taxation |   1372 hits

Provisions of s. 56(2)(v) applied only to gift n or after 1st Sept, 2004

 30 October 2012

The relevant facts giving rise to this appeal are that assessee received gift in the form of IMD of face value of US$ 1,50,000 from Mrs Hansa Agarwal, NRI, residing at Sharjah on 25.9.2005. Thereafter, the assessee prematurely encashed the said IMD o..

Posted in Taxation |   1339 hits

In the absence of objection assessee is allowed to withdraw his appeal

 30 October 2012

At the time of hearing, ld A.R. submitted that assessee be allowed to withdraw his appeal. Learned D.R submitted that he has no objection to accept the prayer of ld A.R. In view of submissions of ld representatives of parties, we accept assessee’s pr..

Posted in Taxation |   1178 hits

Assessee can recall the order if prevented by sufficient cause for non appearance

 29 October 2012

This appeal was fixed for hearing on 5.9.2012 and the same was informed to the assessee at the address as mentioned by the assessee against Item No. 10 of Form 36. However, on the date of hearing when this appeal was called upon for hearing, no one a..

Posted in Taxation |   1266 hits

Importance of interest to prosecute appeal

 29 October 2012

Despite sending notice of hearing sufficiently in advance, neither assessee attended nor any adjournment request has been received. Thus, it is inferred that the assessee is not interested in prosecution of the present appeal..

Posted in Taxation |   1282 hits

Absence of prosecution may without reasonable cause deserve the appeal to be dismissed

 01 October 2012

Assessee was informed that matter will be heard on 17.09.2012. But, no one appeared on behalf of assessee. Nor there is any application for adjournment. In view of above, it appears that assessee is not interested in prosecuting this appeal. Hence th..

Posted in Taxation |   2205 hits

Expenses on exempted income

 01 October 2012

We have heard the rival submissions and perused the orders of lower authorities. We find that during the year under consideration, the assessee has received dividend income amounting to Rs. 6,59,174/-. We find that the AO has applied provisions of Se..

Posted in Taxation |   2035 hits

Estimated addition without any basis cannot be sustained

 29 September 2012

The grounds raised read as under:- “1. On the facts and circumstances of the case, the order passed by the Ld. Commissioner of Income Tax (A) is bad both in the eye of law and on facts. 2(i) On the facts and circumstances of the case, the Ld. Comm..

Posted in Taxation |   4681 hits