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Exemption under Notification No.6/2002 to the goods manufactured at site of the construction for use in the construction work at such site and the goods supplied for use by the Railways, cannot be denied. - Tri Maintainability of settlement application – Despite the assessee informing the Commissioner, that it had paid the filing fee and would file the settlement application within a week, the Commissioner proceeded to pass an order in utter haste. - HC Recovery of service tax while appeal is pending before tribunal - recovery notice published in Daily News Paper ‘Dainik Bhaskar’ dated 28-1-2012 - writ petition dismissed. - HC First appellate authority rejected the appeal for non-compliance with the pre-deposit of 25% - the appellant is directed to deposit 25% of the service tax liability confirmed by the adjudicating authority. - Tri If the goods were not intercepted, the same would have been cleared without claiming the ownership as the actual owner of the goods viz. digital cameras and wrist watches. Therefore, the goods are liable for confiscation - Tri TDS u/s 194C(2) - payments made to the labourers through the Sardars/Munshis - the provision of section 194C do not apply to the payments/expenditures incurred by the assessee. - Tri Undisclosed profit from unaccounted sales - CIT(A) was fair and reasonable while applying the G.P. Rate at 20% on the undisclosed sales. - Tri Addition u/s 68 - no person will gift 50% of his capital to a person with whom he has no relationship, blood relation or friendship. - onus is on the assessee to prove genuineness - Tri Retraction of statement - nothing has been brought on record by the assessee to substantiate its stand as to how it was prevented in making retraction immediately after survey & the retraction was made after a gap of almost 5 months. - Tri Reopening of assessment - Any inference not backed by material would only be a conjecture or surmise. Thus no merit in the Revenue's case qua denial of claim u/s.10A on account of contravention of section 10A(2)(iii) - Tri Roads, flyovers, bridges etc. constructed and owned by the assessee and utilized in its business of providing infrastructure would constitute plant and would be entitled to depreciation. - Tri Arbitration procedures - right to appointment of Arbitrator - the respondent had forfeited its right to appoint the arbitrator after the expiry of statutory period. - HC Cenvat Credit - Supply to SEZ - Amendment to rule 6 - whether retrospective or prospective - the amendment is clarificatory in nature - held as retrospective - HC Rebate claims under Rule 18 - Export - original and duplicate copies of the ARE-1 forms were lost by their CHA and the Petitioner had lodged an FIR - all other conditions met - rebate allowed - HC Levy of service tax - The petitioner has adopted a non-cooperative attitude and collected mob on the spot and sensitized them of the requirement of law and threatened the officers, while the search continued. - against the assessee. - HC Levy of service tax on packaging activity - palletizing of cargo for export - the packing done by the appellant forming part of “cargo handling service” is not the type of packing referred to in sub-section (76b). - HC Additions u/s 68 - AO could not shift the burden back onto the Assessee Company without producing any tangible material to doubt the veracity of the documents furnished by the assessee. - HC MAT - for computation of adjusted book profit, the provisions of sec.14A cannot be imported into clause (f) of the Explanation to sec. 115JB. - Tri    Left Stop Right
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Showing 1 to 15 of 59142 Records

    2013 (5) TMI 510 - CALCUTTA HIGH COURT

    Commissioner of Income-tax, Kolkata - XI Versus Crescent Export Syndicate & Park International

    Disallowance u/s 40(1)(ia) - whether provisions of section 40(a)(ia) are applicable only to the amount which is shown as payable on the date of balance-sheet or to such expenditure, which become payable at any time during the relevant previous year a ......

    2013 (5) TMI 502 - ITAT KOLKATA

    Aristocon Engineers Co-op. Society Ltd. Versus DCIT

    Non-deduction of TDS u/s 194C(2) - disallowance u/s 040(a)(ia) - payments made to the labourers through the Sardars/Munshis of each group of daily labourers whose total payments for each of them are below Rs.50000/- - CIT deleted the additions - asse ......

    2013 (5) TMI 501 - ITAT JODHPUR

    The DCIT, Udaipur Versus Smt. Mohani Bai Paliwal W/o late Shri Shanti Lal Paliwal M/s Krishna Mining

    Undisclosed profit from unaccounted sales - CIT(A) by applying G.P. Rate of 20% deleted the addition of Rs. 5,14,196/- out of total addition of Rs. 14,71,796/- - assessment completed by AO u/s 153A - Undisclosed debtors addition deleted by CIT(A) - H ......

    2013 (5) TMI 500 - ITAT MUMBAI

    Mr. Bony Elies Demello Versus Vs. ACIT, Thane

    Quantum of capital gains being taxed - whether CIT (A) erred in confirming the reduction of the FMV as on 01.04.1981 as against the certified FMV adopted by the appellant - addition confirmed by invoking the provisions of section 50C - Held that:- As ......

    2013 (5) TMI 499 - ITAT AHMEDABAD

    Lalchand Bhagchand Vasvani, Prop. Gopal Emporium Versus ACIT, Ahmedabad

    Rectification of Mistakes - miscellaneous applications filed against tribunal order - unaccounted cash credits confirmed by ITAT as identity of creditors or their creditworthiness not proved - as per assessee Tribunal committed factual mistake in not ......

    2013 (5) TMI 498 - ITAT MUMBAI

    M/s. Sandoz Private Limited Versus D. C. I. T, Mumbai

    Transfer pricing adjustment - segmental Transactional Net Margin Method analysis adopted by the Appellant rejected & entity level approach adopted by dept. - Disallowing the deduction claimed under section 10B - Held that:- Based on the audited repor ......

    2013 (5) TMI 497 - ITAT AHMEDABAD

    Fairdeal Textile Park Pvt. Ltd. And 5 others Versus The D. C. I. T., Surat

    Unexplained investment u/s 69 B - search u/s 132 - Held that:- Revenue made the additions only based on the two agreements found at the time of search. There are no other evidences coming forth to establish that the assessee would have paid over and ......

    2013 (5) TMI 496 - ITAT AHMEDABAD

    Computer Force Versus The Income Tax Officer

    Deduction u/s. 80IB - CIT(A) allowed the claim - Held that:- As decided in assessee's earlier year cases [2010 (7) TMI 831 - ITAT AHMEDABAD] wherein held that there was no evidence with the A.O. through which it could be demonstrated that the machine ......

    2013 (5) TMI 495 - ITAT MUMBAI

    Balaji Export Co. Versus Joint Comm. of Income Tax (OSD), Mumbai

    Reopening of assessment - as per CIT assessee had wrongly claimed exemption u/s. 10A as apparent from the balance-sheet of the Noida Unit, the said Unit had no plant and machinery of its own - Held that:- Revenue's case is based on presumption alone. ......

    2013 (5) TMI 494 - ITAT MUMBAI

    M/s. Media Content and Communications Services (India) Private Limited Versus Assistant Commissioner of Income-tax, Mumbai

    Adjustment to arm's length price - downsliding adjustment of ALP made by the TPO and sustained by the DRP - assessee company is a 'Joint Venture (74:26) between ABP Private Limited, part of the ABP Group and STAR News Broadcasting Limited, wholly-own ......

    2013 (5) TMI 493 - ITAT MUMBAI

    ACIT, Mumbai Versus M/s West Gujarat Expressway Limited.

    Addition of interest income - CIT(A) deleted the addition - Held that:- There is no dispute that the assessee has already commenced its business and it is also not disputed that the assessee had earned interest from bank deposits temporarily made out ......

    2013 (5) TMI 492 - PUNJAB & HARYANA HIGH COURT

    Commissioner of Income Tax-III Ludhiana Versus M/s Trident Infotech Corporation Ltd.

    Advances of interest free loan - whether entitled to deductions u/s 36(1)(iii) - penalty imposed - Held that:- Tribunal has set aside the penalty on addition inter alia for the reasons that such additions were made on account of judgment of Abhishek ......

    2013 (5) TMI 491 - ITAT MUMBAI

    Haldor Topsoe A/s Denmark Jeevan Vihar Annexure Versus The Addl Commr of Income Tax (International Taxation)

    Royalty - FTS - Taxability of the amount of Euro paid by Gujarat Narmada Valley Fertilizers Company Ltd (GNFC) for technical documentation/engineering, etc to a denamrk company - AO and DRP not accepted the claim of the assessee regarding the non tax ......

    2013 (5) TMI 476 - DELHI HIGH COURT

    Commissioner Income Tax-V Versus Nipuan Auto Pvt. Ltd.

    Additions u/s 68 - unexplained investment and cash credits shown as share application money received by the assessee - CIT(A) deleted the addition -Held that:- The identity of the two companies which are sister companies stood established. Furthermor ......

    2013 (5) TMI 475 - PUNJAB & HARYANA HIGH COURT

    Punjab Information & Communication Technology Corporation Ltd. Versus Commissioner of Income Tax

    Loans and advances to the Subsidiary Companies - whether be termed Revenue Nature on account of Business Exigency and Commercial Expediency? - Tribunal returned a finding that the amounts advanced have been written off after the said companies have b ......

   
 
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