|| New User || My profile || My Book Marks || SMS Services || Annual Subscription || Lost Password ||
Stay
TMI - Tax Management India. Com
Refund claim rejected as time bared - the amount deposited by the appellant during the investigation can never be construed as a duty - it is held as deposited under protest - refund allowed - Tri Abatement of duty - Rule 10 of the Pan Masala Packing Rules – Just because the Superintendent s remark regarding sealing does not mention the time of sealing, it cannot be presumed that on 4th April 2009 and 3rd July 2009, the factory had operated. - Tri As the data is being retrieved or access by the applicants to their own database which were in US, UK and India, therefore, it cannot be prima facie held as import of services - Tri Free call services provided to employees by cellular companies - pre deposit ordered by the CESTAT to the extent of Rs. 80 crores reduced to Rs. 25 crores. - HC Valuation - import of replicators - purchase of DVDs from India - the licence fee and royalty paid by the respondent to the licensor is includable in the value of the goods purchased from the replicator(s). - Tri Valuation of shares - Difference between value of share on the date of its allotment and the price of warrant paid as per letter of allot - proviso (iv) of section 48 not applicable - Tri Reopening of assessment - The prime requirement for the validity of a notice issued under section 148 is that the reasons recorded should have a live link or nexus with the material on record. - HC There is no need to discuss provisions of sections 70, 71 & 32(2) elaborately as the CIT erred in coming to the conclusion that current year's depreciation cannot be allowed to be set off against capital gains. - Tri Residential status - foreign going vessel - he was outside Indian territory for 230 days and the requirement of section 6 for being outside India for 182 days, he become 'non-resident'. - Tri Transfer of the merchant banking business - nature of the transfer does not attract the provision of section 50B in relation to slump sale also as there is no transfer of an undertaking by the assessee. - Tri Bad debts / business loss - The loans given to staff has been written off since the same are irrecoverable in view of transfer of the merchant banking business. - deduction allowed - Tri U.P. Value Added Act, 2008 - every dealer holding registration certificate under the erstwhile Act, as a dealer, is deemed to be registered under the new Act - non-obtaining of biometrics data, as in the instant case, will not invalidate the registration certificate. - HC Petitioner is not personally liable to pay the outstanding dues under the U.P. Trade Tax/Sales Tax Act of the Private Limited Company but under CST he is liable to pay the dues - HC Refund claim denied - period of limitation - cause of action arose only on 15/11/06, when they paid for the second time as a result of audit objection - refund claim is withing period - Tri Rejection of Refund claim – appellant filed under protest letter on 7.1.1987. - after two days they filed six nos. classification lists - thus, the under protest letter has no effect in the eye of law - Tri An educational qualification recognized by law will not cease to be recognized by law merely because for practicing in the field to which the qualification relates, a further examination held by a body regulating that field of practice is to be taken. - HC Fulfillment of export obligation – it is not open to the customs authorities to presume that extension of the LOP would be granted by the Development Commissioner to facilitate evasion of duty. - HC Merely because the CIT is having a different view, the same would not entitle him to initiate revision proceedings u/s 263, if the view taken by the assessing officer is one of the possible views. - Tri    Left Stop Right
Case Laws

 

Advanced Search options


Filter -


 
Income Tax
Showing 1 to 15 of 59193 Records

    2013 (5) TMI 616 - GUJARAT HIGH COURT

    NATIONAL DAIRY DEVELOPMENT BOARD VERSUS DEPUTY COMMSSIONER OF INCOME TAX

    Re opening of assessment - write back of any provision is deductible provided the same is added back while computing taxable income of the year in which it was created which was not done in the case of the assessee during the course of assessment pro ......

    2013 (5) TMI 615 - ITAT MUMBAI

    JOINT COMMISSIONER OF INCOME TAX VERSUS M/s LAFFANS PETROCHEMICALS LTD

    Disallowance of interest u/s 36(1)(iii) - whether interest free funds were available at the time of making investments is a pure question of facts which can be analysed by taking into consideration the day-to-day cash flow statement? - CIT(A) allowed ......

    2013 (5) TMI 614 - ITAT MUMBAI

    DEPUTY COMMISSIONER OF INCOME TAX 3(2), MUMBAI VERSUS M/s KEMPER HOLDING PVT LTD

    Valuation of shares - section 48 - Difference between value of share on the date of its allotment and the price of warrant paid as per letter of allotment - whether be treated as Long Term Capital Gain - CIT(A) deleted the addition - Held that:- AO n ......

    2013 (5) TMI 613 - ITAT AHMEDABAD

    The A. C. I. T. (OSD), Cir-9, Versus Shri Narendrabhai P. Patel

    Penalty u/s 271(1)(c) - disallowance made u/s 40(a)(ia) - Held that:- Disallowance omade by the AO due to non-payment of TDS in time which is technical in nature. Hence, the same does not amount to concealment of income or furnishing of inaccurate pa ......

    2013 (5) TMI 612 - DELHI HIGH COURT

    CIT Versus Supreme Polypropolene Pvt. Ltd.

    Reopening of assessment - commission income was not declared in the return of income filed by the assessee - extended period of limitation invoked - a list was sent by the Additional Director of Investigation-VI, New Delhi revealed that the assessee ......

    2013 (5) TMI 611 - ITAT AHMEDABAD

    Income Tax Officer Ward 4(3) Versus Indian Bobbin Mfg. Co. Pvt. Ltd.

    Disallowance u/s 14A r.w.r. 8D - CIT(A) deleted the addition - Held that:- The assessee was having total interest free income of 1,10,59,410/- whereas the investment in shares was of Rs. 1,06,00,670/-. Thus the interest free funds available with the ......

    2013 (5) TMI 610 - ITAT AHMEDABAD

    Assistant Commissioner of Income Tax Circle 5 Versus Rasna Private Limited

    Disallowance u/s 14A r.w.r. 8D - CIT(A) deleted the addition - Held that:- The issue is concluded in favour of the assessee inasmuch as, as held by Hon'ble Bombay High Court in the case of Godrej & Boyce Mfg Co Ltd VS DCIT (2010 (8) TMI 77 - BOMBAY H ......

    2013 (5) TMI 609 - ITAT MUMBAI

    M/s. MPPL Enterprise P. Ltd. Versus DCIT - 8(2), Mumbai

    Jurisdiction power u/s 263 by CIT(A) - CIT(A) directing AO to disallow deduction of brokerage expenses - Held that:- On the basis of the documents placed on record before the CIT and also here the service charges are claimed in the course of regular ......

    2013 (5) TMI 608 - ITAT AGRA

    Shri Sanjay Gupta C/o. M/s. Mahakal Borewell Versus Income Tax Officer, Guna

    Unaccounted loan transactions of Rs.2,00,000/- - Held that:- The assessee explained that there is clerical mistake whereas the fact is that the loan was given on 02.12.2005 through banking channel. This fact is supported by an affidavit of depositor ......

    2013 (5) TMI 607 - ITAT AGRA

    Shri Anil Kumar Maheshwari Versus Commissioner of Income Tax, Aligarh

    Penalty u/s 271(1)(c) - source of fresh capital introduced held to be unexplained/bogus - CIT(A) deleted part penalty - Held that:- Admitted facts of the case are that the A.O. made addition of Rs.3,50,000/-. The assessee furnished necessary explanat ......

    2013 (5) TMI 606 - ITAT KOLKATA

    Income-tax Officer, Wd-1(1), Jalpaiguri Versus Shri Basab Mukherjee

    Residential status - foreign going vessel - Receipt of salary treated by assessee as exempt u/s. 10(6)(vii) - CIT(A) deleted the addition made by AO - whether 130 days when assessee was in Indian vessel but it was outside Indian territorial water and ......

    2013 (5) TMI 605 - ITAT MUMBAI

    M/s. IGFT Ltd. Versus The Income-tax Officer-2(2)(1), Mumbai

    Slump sale - transfer of undertaking - Transfer of intangible assets of merchant banking business - revenue v/s capital receipt - Held that:- Clause 2.2 of the Transfer of Business Agreement suggests that the assessee has received Rs.2.5 million (Rs. ......

    2013 (5) TMI 589 - ITAT AMRITSAR

    Sh. Pritpal Singh, Prop. M/s Milap Foundry Versus Income Tax Officer, Ward 3(3), Amritsar

    Unaccounted purchase of plot - rejection of books of accounts - assessee pleaded that he had purchased a plot of land with funds provided by his second wife who gave him cash of Rs. 9 lakhs and her two brothers has also gifted him Rs. 4 lakhs on the ......

    2013 (5) TMI 588 - ITAT KOLKATA

    Sunderlal Jain, Burdwan Versus I. T. O., Ward-1(3) Burdwan

    Undisclosed deposits in the bank account - addition u/s 69 - assessee is a shares dealer and earns income of interest - reopening of assessment - Held that:- Assessee, who is maintaining proper books of account was having a savings account which was ......

    2013 (5) TMI 587 - ITAT KOLKATA

    I. T. O., Ward-37(3), Kolkata Versus Miss. Avani Agarwal

    Undisclosed investment - CIT(A) deleted the addition - Held that:- Assessee in his wisdom has agreed to the proposition that the Cross Objection for considering a part portion on the AO's order u/s 251 remains a question to be addressed by the CIT(A) ......

   
 
1.... ..
 
 

 

what is new what is new

Subscription UpdatesNewslettersCommunicationOther Options




Go To Top

Go to Mobile Website

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.