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Since the Director of the appellant-company was actively involved in the day to day activity of the appellant-company penalty on him under Rule 26 has been correctly imposed. - Tri In absence of direct or indirect involvement of the Managing Director in the clandestine removal of the goods no personal penalty under Rule 26 is imposable on him. - Tri Cenvat Credit denied - galvanization does not amount to the manufacture - The duty paid on the G.P. Coils etc., is more than Cenvat Credit taken and needs to be adjusted against the demand of the Cenvat Credit. - Tri Extended period of limitation - in cases of intention to evade duty relevant date for computation of extended period for show cause is the date of knowledge - Tri Rejection of transaction value and enhancement of assessable value has to be on the basis of some evidences on record. - NIDB data cannot be made the basis for enhancement of value - Tri MAT - Agriculture income - sale of tea plant - Since these two items are of agricultural income it should be allowed as deduction while computing income u/s. 115JB being book profit - Tri Re-assessment - No addition is made rather from the records the information available was used for making disallowance - the order of reopening is quashed - Tri Performance incentive paid to employees - tds - the estimated TDS deducted in a bona fide manner as per the settled legal position cannot be faulted with. - Tri Disallowance of expenditure in computing the income under the head capital gains - cost of making the title complete and perfect can be treated as the 'cost of acquisition' falling u/s. 48. - Tri True, genuine and bona fide transactions, even if made below par, the fair market valuation would not have any tax implication, being only undertaken in the normal course of business and in its interest.l - Tri Guilty of willful omission - in the normal course, there would be no reason for the selling dealer to doubt the declaration made by the purchasing dealer, in the Form ST-1 - HC Expression tax due as appearing in section 27(1) has to be read in conjunction with provisions of section 21(3) and interest u/s 27(1) is payable only on the tax due according to the return filed - HC Trade tax on mushroom - mushroom has been excluded from category of fresh fruits and green vegetables. - not exempted - HC The CLB has, under the garb of doing substantial justice, granted extreme directions under Section 402, enabling the Respondents to achieve indirectly a virtual veto right on all issues and the ability to paralyze the functioning of the Company - HC Amalgamation - u/s 391 the C. Govt. & IT Authority do not have any powers to intervene or to be heard on any scheme which is filed seeking sanction of the Court - HC Payment of commission to relatives for the services rendered by them for promoting sales. - genuineness of commission established - deduction allowed - HC Rejection of the application for registration – Manufacture of cigarettes - No condition regarding issue of licence under IRDA Act by Ministry of Commerce and Industry, before the issue of Central excise registration certificate - refusal of registration is incorrect - Tri Penalty u/s 78 - Changeability of service tax on rent income classifiable under the category of Renting of Immovable Property. - penalty imposed set aside. - Tri    Left Stop Right
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Income Tax
Showing 1 to 15 of 59168 Records

    2013 (5) TMI 561 - ITAT KOLKATA

    Depurty Commissioner of Income-tax Circle-4, Kolkata Versus M/s. Darjeeling Dooars Plantations (Tea) Ltd.

    Depreciation Claim – As per AO assessee failed to furnish the evidence in support – Held that:- From the order of CIT(A), it is clear that evidences that these machineries were put to use as on 31.03.2005 were filed before him for the first time and ......

    2013 (5) TMI 560 - ITAT PUNE

    Kasturilal Sardarilal Luthra Urmil Versus DCIT Central Circle-I, Nashik

    Income from undisclosed sources – Appeal is related to two assessment years - AO made additions in income sustained by Ld. CIT(A) - Addition in income made u/s 153A of the Act - Held that:- Assessee in his statement recorded u/s.132(4) has offered ......

    2013 (5) TMI 559 - ITAT KOLKATA

    Smt. Ruby Biswas Versus Income-tax Officer, Wd-41(3), Kolkata.

    Re-assessment - Reopening of assessment – As per revenue assessee understated / concealed its income, particularly did not disclose correct income from her proprietary concern SAAJO a beauty parlour. The very basis of initiation of proceedings for wh ......

    2013 (5) TMI 558 - ITAT KOLKATA

    Income-tax Officer, Wd-2, Nadia Versus Smt. Ashima Banerjee

    Assessment proceedings – What is the monetary limit for filing of appeal before ITAT - The only issue remains is that the appeal of the revenue is below the prescribed limit of tax effect in view of the Board's Instruction issued from time to time re ......

    2013 (5) TMI 557 - ITAT DELHI

    ASSTT COMMISSIONER OF INCOME TAX VERSUS HUGHES SOFTWARE SYSTEMS LTD

    Performance incentive - non deduction of TDS - whether be considered as part of salary for the purpose of computation of exemption u/s 10(13A) in respect of HRA paid to the employees - CIT(A) allowed the claim by deleting the demand raised u/s 201(1) ......

    2013 (5) TMI 556 - ITAT KOLKATA

    Income-tax Officer, Wd-51(3), Kolkata Versus M/s. Zigma Photo Colour Lab

    Maintainability of appeal - assessee stated that that tax effect in this appeal of the revenue is below the prescribed monetary limits for filing of appeal before ITAT and other superior courts - Held that:- Since this appeal filed on 06.05.2009, the ......

    2013 (5) TMI 555 - ITAT AHMEDABAD

    Shree Ram Mine hem Indl. C/o Mukesh M Patel & Co. Vs. ACIT, Mehsana

    Undisclosed income out of suppression of closing stock - CIT(A) deleted the addition - Held that:- Addition was deleted by CIT(A) on this basis that this amount of closing stock as on 31.03.1999 cannot be added separately because this is appearing as ......

    2013 (5) TMI 554 - ITAT KOLKATA

    Satyabrata Dey Versus Deputy Commissioner of Income-tax

    Disallowance of expenditure in computing the income under the head capital gains - Held that:- From the proposition of law laid down in Rama Gowda Vs. M. Varadappa Naidu [2003 (12) TMI 583 - SUPREME COURT] and considering the facts of the present cas ......

    2013 (5) TMI 553 - ITAT MUMBAI

    Asst. CIT, Central Circle 9, Mumbai Versus ACME Housing (India) Pvt. Ltd.

    Disallowance u/s. 14A r.w.r. 8D - Asst. Years 2006-07 & 2007-08revenue appeal against part relief granted by CIT(A) - Held that:- With regard to indirect expenditure, it is in agreement with the assessment of the same by the Revenue at 0.5% of the av ......

    2013 (5) TMI 552 - ITAT MUMBAI

    The Dy. Commissioner of Income Tax - 13(3) Versus Shri Vipul Rameshchandra Shah, J. V. Enterprises

    Income from share transaction - capital gains v/s income from business - Assessee, an individual is a trader in yarn and dealing in Securities - Held that:- The facts of the case are that assessee has shown the Capital Gains from the sale of shares i ......

    2013 (5) TMI 551 - ITAT MUMBAI

    I. T. O. -9(2)(2), Mumbai Versus Lakewood Construction Co. Pvt.

    Valuation of flats sold - assessee, a company in the business of construction of property sold flats to its directors and principal shareholders - sale to a related party - assessee for the purpose of accounting follows project completion method - wh ......

    2013 (5) TMI 541 - GUJARAT HIGH COURT

    Commissioner of Income Tax-III Versus Naval Technoplast Industries Ltd.

    Payment of commission to relatives for the services rendered by them for promoting sales. - genuineness of commission - held that:- the parties had sent confirmation of having received the commissions directly to the Assessing Officer, complete de ......

    2013 (5) TMI 533 - ITAT MUMBAI

    Shri Dilip C. Bagri Versus Income Tax Officer-4(1) (1)

    Condonation of delay in filing the appeal - CIT(A) dismissed the same as barred by limitation - Held that:- On appreciating the facts it is noticed that the assessee actually filed an application u/s 154 in the month of May, 2009 and the issues are c ......

    2013 (5) TMI 532 - ITAT MUMBAI

    ACIT, Mumbai Versus M/s BOB Cards Ltd.

    Grossing up of the expenditure with TDS amount for claiming deduction - Non reimbursable tax paid to Master Cards/Visa Cards included under the head "Operating Expenses" - Assessee claimed that as per the agreement with Visa/Master Cards, the company ......

    2013 (5) TMI 531 - ITAT VISAKHAPATNAM

    ACIT, Kakinada Versus K. Rajkumar Kakinada

    Assessment of fixed deposits in the name of the assessee - CIT(A) deleted the addition - Held that:- CIT(A) has given a clear finding that the society has accounted for these deposits in its books of account the explanation of the assessee, from the ......

   
 
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