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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 Repayment of capital balance in cash would not attract the provisions of sec. 269T since it does not constitute loan or deposit. - Tri Penalty u/s 271E - violation of sec. 269T - the interest amount and the principal amount were paid in two different occasions - each amoount less then Rs. 20,000 - No penalty - Tri Disallowance under section 14A required finding of incurring of expenditure and where it was found that for earning exempted income no expenditure had been incurred, disallowance under section 14A could not stand. - Tri Disallowance u/s 40(a)(ia) - non deduction of TDS - If the element of income cannot be established, provisions of section 40(a)(ia) cannot be invoked - Tri Gift of immovable property - assessee's brothers and mother have gifted their 1/8th undivided share - very heavy burden lies on the department to prove that it is not the real one - Tri Addition on account of negative stock - The quantitative details as submitted duly explained that there was no negative stock in any of the month. - Tri Rate of tax on the sale of Copper Wire Bars and Copper Cathods - whether would be charged and retained @ 4% or 1% - chargeable at 1%. - HC Appeal u/s 483 – modification sought by the appellant is against the fabric of the Scheme and in the domain of modifications of the Scheme and not of modification for working of the Scheme. - non-compliance of Section 2(19AA), would not render the Scheme unworkable. - HC 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    Left Stop Right
Income Tax - Case Laws
 

Income Tax


Cases for Section: 157
 
Showing 1 to 3 of 3 Records
 

2012 (2) TMI 235 - ITAT, KOLKATA

Deputy Commissioner of Income Tax Versus Braj Binani, Kolkata

Penalty - Search - Block assessment - Jewelery worth RS 12,77,635 added as Undisclosed Income - CIT(A) deleted entire additions - Tribunal: duplicate bills were neither found at the time of search nor were produced before the Investigating Authority ......

2009 (12) TMI 673 - ITAT DELHI

Lodhi Property Co. Ltd. Versus Commissioner of Income-tax , Delhi IV

Intimation of Losses ......

...........equent assessment year, in which such claim is made by the assessee. In this respect, therefore, the ld. CIT was very much justified in holding that the assessment order is erroneous and prejudicial to the interest of revenue insofar as the observation to the effect “loss to be carried forward” made by the Assessing Officer is concerned and he, accordingly, was justified in setting aside the assessment on the above issue to be made afresh after giving opportunity of being heard to the assessee. 14. In the result, the present appeal filed by the assessee is partly allowed for a statistical purpose in the manner as indicated above.

2002 (9) TMI 255 - ITAT CALCUTTA-A

Assistant Commissioner Of Income-Tax. Versus M. K. Chatterjee.

Loss Return ......

........... the previous year relevant to the assessment year 1987-88, as the income-tax return filed for the assessment year was filed beyond the time limit set out in section 139(1) and, accordingly, restriction placed in section 80 of the Act rendered the loss ineligible for carry forward and set off. In this view of the matter, in our considered opinion, CIT(A) erred in holding that the loss for the assessment year 1987-88, which amounted to Rs. 1,63,408, is required to be set off in this assessment year. To this extent, we vacate the order of the CIT(A) and restore the order of the Assessing Officer. 25. In the result, revenue's appeal is allowed.

 
   
 
 
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