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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 Construction of complex - several quarters - different buildings in the same compound. - None of the buildings had more than 12 flats in each building - Prima facie case in favor of assessee - pre deposit waived. - Tri Retreading of old tyres - Maintenance and Repair service - benefit of Notification No. 12/2003-S.T., dated 20-6-2003 - prima facie case is against the assessee - stay granted partly. - Tri Condonation of delay in filing the appeal - assessee is not a company placed with experts advising - Assessee is only an individual which must be appreciated - Delay condoned - Tri 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“ - Claim allowed - Tri It is not open to the Revenue to accept a judgement in the case of an assessee and challenge its correctness in the case of any other assessee without just cause. - Tri Income u/s 2(24) - exercising of voting rights in a particular fashion - to exercise voting rights is not the business of the assessee. - The receipt was not of recurring in nature - not taxable - Tri Wrong accounting entry - inadvertent mistake, merely an accounting entry which is subsequently corrected and explained cannot fasten the assessee with tax liability by assuming it to be an income whereas in realty the amount was by way of advance/ deposit. - Tri Transfer of right to use the goods - Exigible to sales tax -assessee(s) have not produced any document/agreement to show that the assessee(s) retained possession and control over the Cinematographic equipments leased out. - Levy of tax upheld - HC Interstate sale or not - CST - passive infrastructure provider - The fact that the goods purchased by the petitioners were neither sold nor used in the manufacture of goods for re-sale does not constitute violation of the C forms. - HC Cross-objections filed before Commissioner (Appeals) against service tax demand - whether be treated as an appeal filled? - Held No - Tri 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    Left Stop Right
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Showing 1 to 15 of 59156 Records

    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 ......

    2013 (5) TMI 530 - ITAT DELHI

    M/s Allied Motors Limited. Versus DCIT, New Delhi

    Income from joint venture - income from other sources v/s Business income - disallowance of expenses - Held that:- There is no mention in the orders of the authorities below that assessee was also engaged in the petrol pump business. Assessee is subm ......

    2013 (5) TMI 529 - ITAT MUMBAI

    M/s. Jyoti Impex Versus The Income Tax, Mumbai

    Disallowance of commission payment in respect of export - Held that:- On examining the export invoices, it turns out that there is a clear mention of such commission on the very face of the export invoices that the commission on export to these two p ......

    2013 (5) TMI 528 - ITAT KOLKATA

    A. C. I. T., Kolkata Versus M/s. Caravan Travels.

    Disallowance of deduction of discount as claimed twice - CIT(A) deleted the addition - Held that:- CIT(A) after verifying the sales promotion ledger account of the assessee observed that the sales promotion expenses of Rs.26,673/- debited in the prof ......

    2013 (5) TMI 527 - ITAT MUMBAI

    M/s. Shiv Kripa Builders & Developers C/o. T. K. Gurbuxrai & Co. Versus The 2nd Income Tax Officer

    Profit on sale of flats - assessee is a builder into constructing two buildings at Bhayander - whether the A.O. was justified in taxing 15% of payments in respect of 5 flats for which the possession was given by the assessee in the previous year rele ......

    2013 (5) TMI 526 - ITAT KOLKATA

    I. T. O., Kolkata Versus Shri Rajiv Lochan Gupta

    Gain on sale of assessee's share of land - assessee received a gift of 40% undivided share in land from his father vide gift deed - whether CIT(A) erred in directing the AO to treat the sale proceeds as the Long Term Capital Gain and to allow the cla ......

    2013 (5) TMI 525 - ITAT KOLKATA

    M/s. Carnival Investments Ltd. Versus I. T. O., Kolkata

    Income u/s 2(24) - Amount received by the shareholders - Whether Rs.60,59,303/- received by the assessee under the agreement from M/s.Tyco Electronics Middle East FZE, Dubai was exempted income from Income Tax? - whether the amount received by the as ......

    2013 (5) TMI 524 - ITAT KOLKATA

    D. C. I. T., Kolkata Versus. M/s. Jaytee Exports

    Re opening of assessments - proceedings initiated after the expiry of four years from the end of the assessment year - disallowance of deduction u/s 80IB - CIT(A) quashed reopening - Held that:- Deduction u/s 80IB was allowed to the assessee in asses ......

    2013 (5) TMI 523 - ITAT HYDERABAD

    M/s. Lahari Impex Pvt. Ltd. Versus The Deputy CIT, Hyderabad

    Unsecured loan - Search and seizure u/s. 132 - notices u/s. 153A - unaccounted share application money - Held that:- As far as addition on account of share application money is concerned,AO submitted that the assessee company filed a confirmation fro ......

    2013 (5) TMI 522 - ITAT DELHI

    Income-tax Officer, Vs. M/s CNR Leading Softek (P) Ltd.

    Difference in cash deposit in bank account and cash sales - CIT(A) deleted the addition - Held that:- Addition was made by AO observing that the assessee's sale proceeds in cash from software are less than the cash deposits in bank for which the asse ......

    2013 (5) TMI 511 - CALCUTTA HIGH COURT

    Commissioner of Income Tax, Kolkata-XVIII, Kolkata Versus MD. Jakir Hossain Mondal

    Non deduction of TDS on freight charges - addition was made invoking section 40(a)(ia) - Tribunal disposed of the appeal on the ground that addition could not have been following the decision of Merilyn Shipping and Transports Vs. Addl. CIT. [2012 (4 ......

    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 ......

   
 
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