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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
Income Tax - Case Laws
 

Income Tax


Cases for Section: 153C
 
Showing 1 to 15 of 54 Records
 

2013 (5) TMI 129 - BOMBAY HIGH COURT

KUHSHPAT SHAH Versus DIRECTOR GENERAL OF INCOME TAX(INVESTIGATION) AND ANOTHER

Search & Seizure - A search action was initiated on a group of individuals/ concerns who are alleged to be involved in Hawala transactions involving an illegal transfer of cash - Assessment in accordance Section 153-A - Section 153-C - Held that:- ......

2013 (4) TMI 665 - ITAT AHMEDABAD

Bharat Ginning & Pressing Factory Versus Income-tax Officer, Central Ward -1, Baroda

Validity of assessments u/s.153C - search and seizure operation u/s.132 covering the residential premises as well as business premises of assessee - appellant challenged the proceeding initiated u/s.153C on the ground that no satisfaction was recorde ......

2013 (4) TMI 310 - ITAT CUTTACK

Binod Roy Nanda(Huf)Versus Assistant Commissioner of Income-tax

Adjustment of tax on the date of seizure ignoring the interest to be allowed to the assessees u/s.234A, 234B and 234C - For the AY 2009-10, the assessee was required to file the return under the Income-tax provisions when it was prayed that the incom ......

2013 (4) TMI 268 - ITAT HYDERABAD

M/S. Keerthi Housing (P) Ltd. Versus Department of Income Tax

Unexplained share application money - notice u/s 153C - as contested by assessee that the share application money was brought forward from the previous year, therefore, what is appearing in the balance sheet is only opening balance - Held that:- It a ......

2013 (3) TMI 436 - ITAT DELHI

Micron Steels Pvt. Ltd. Versus Department of Income Tax

Notice issued u/s. 153C - CIT (A) upheld the assessment on a company which has been dissolved / amalgamated under section 391 and 394 of the Companies Act, 1956 as invalid - CIT (A) deleted the addition made on account of unexplained purchase u/s. 69 ......

2013 (3) TMI 126 - RAJASTHAN HIGH COURT

Smt. Bhawna Lodha Versus Director General of Income Tax and others

Search u/s 132 - 1004.8 gms of gold ornaments seized - demanding the bank guarantee for the entire value of the jewellery seized - Held that:- A bare perusal of the Circular issued by CBDT(Annex.8) dated 21st January, 2009 indicates that detention of ......

2013 (2) TMI 449 - INCOME TAX APPELLATE TRIBUNAL

Guruprerna Enterprises, Versus Asstt. Commissioner of Mumbai. Income-tax, Central Cir. 29, Mumbai.

Proceedings u/s 153C - whether the initiation of proceedings u/s 153C is bad in law - Held that:- In the case on hand, a joint venture agreement was found in which the assessee is a party. The assessee has certain rights and duties as per terms and ......

2013 (1) TMI 629 - DELHI HIGH COURT

COMMISSIONER OF INCOME TAX Versus ABHINAV KUMAR MITTAL

Additions u/s 69 - search conducted u/s 132 - notice u/s 153C - valuation of properties referred to District Valuation Officer (DVO) - ITAT deleted the addition - Held that:- No reason to differ from the view taken by the Tribunal as no material was ......

2013 (1) TMI 422 - ITAT COCHIN

SOUTH MALABAR STEELS & ALLOYS PVT LTD. Versus DEPUTY COMMISSIONER OF INCOME TAX. CENTRAL CIRCLE. THRISSUR

Suppression of sales - additions u/s 68 - survey u/s 133A - assessee challenged the validity of initiation of proceedings u/s 153C - Held that:- It is an undisputed fact that the Managing Director of the assessee company has confessed about the suppr ......

2013 (1) TMI 420 - ITAT AGRA

ASSTT COMMISSIONER OF INCOME TAX. CIRCLE-1. GWALIOR Versus M/s GLOBAL ESTATE

Assessment proceedings u/s. 153C - search & seizure operations - no search warrant in the name of M/s. Global Estate (appellant firm) has been served on it therefore assessment proceedings u/s 153A are without jurisdiction and illegal - Held that:- T ......

2013 (1) TMI 259 - ITAT MUMBAI

INGRAM MICRO (INDIA) EXPORTS PVT LTD. Versus DEPUTY DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION)-3(1), MUMBAI

Validity of the orders passed under section 153C - Permanent Establishment (PE) in India through which assessee carries out its sales in India - AO held that 90% of the business income of assessee is attributable to its Indian PE - interest u/s. 234A ......

2012 (12) TMI 777 - ITAT, AHMEDABAD

Shri Harshadkumar H   Patel, C/o Mahendrakumar & Co. & Others Versus Deputy Commissioner of Income Tax, Central Circle-1(1), Ahmedabad

Undisclosed capital gains - assessment order passed by AO u/s 153A/153C - Held that:- Admittedly no search operation was conducted at the premises of the assessee and no document was recovered from the premises of the assessee CIT(A) has not decided ......

2012 (12) TMI 639 - ITAT CHENNAI

The Jt. Commissioner of Income Tax, Central Circle IV (1), Chennai Versus Shri V. Sankar

Inadequate drawings - CIT(A) deleted the addition - Held that:- No reason to interfere with the findings of the CIT(A) as no evidence was brought on record by the Revenue in support of the addition made in the assessment order towards inadequate draw ......

2012 (12) TMI 638 - ITAT CHENNAI

The Jt. Commissioner of Income Tax, Central Circle IV (1), 46, Chennai Versus Shri V. Sampath

Inadequate Drawings - Held that:- In the absence of any finding of fact that the appellant had infact “incurred” the estimated expenditure on drawings, during the relevant financial years, the addition made towards drawings u/s 69C is bad in law - th ......

2012 (12) TMI 252 - ITAT NEW DELHI

Assistant Commissioner of Income Tax, Central Circle-21, Versus Indu Surveyors & Loss Assessores (P) Ltd., (Amalgamated with B. S. Infratech (P) Ltd.)

Initiation of Proceedings u/s 153C - Unexplained Purchases - held that:- As the expenditure was accounted in the regular books, the source is obviously explained. The provisions of section 69C are not applicable as there was no unaccounted expenditur ......

 
   
 
 
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