2013 (9) TMI 490 - ITAT MUMBAI
M/s MEECON PVT LTD Versus DCIT
Disallowance of Depreciation - lease transaction - finance lease or operating lease or otherwise - Held that:- The transaction was neither operating lease not financial lease - Therefore, the claim of depreciation cannot be allowed - In the course o ......
2013 (7) TMI 700 - KARNATAKA HIGH COURT
SMT JOSHNA RAJENDRA Versus THE COMMISSIONER OF INCOME-TAX BANGALORE
Stay application - Opportunity for personal hearing not given - Held that:- proposition of law is that the second respondent while examining an application for stay under section 220(6) of Income Tax Act, 1961 is required to pass a speaking order and ......
2013 (7) TMI 546 - GUJARAT HIGH COURT
Gujarat State Energy Generation Ltd. Versus Assistant Commissioner of Income Tax
Curtailing of time to pay recovery amount - Acc. to Section 220 petitioner was entitled to a period of thirty days to pay the sum, whereas the notice granted a shorter period of 15 days - Held that:- Respondent neither recorded reasons to believe tha ......
2013 (7) TMI 450 - GUJARAT HIGH COURT
Uttar Gujarat Vij Co. Ltd. Versus Assistant Commissioner of Income-tax, Circle - 4
Recovery - Stay application u/s 220(6) Held that:- It would be appropriate to allow the Appellate Commissioner to decide whether and on what conditions the recovery pending appeal should be stayed -the recovery notice was issued even without waitin ......
2013 (7) TMI 252 - ITAT MUMBAI
M/s. Emkay Share & Stock Brokers Private Limited Versus Dy. Commissioner of Income Tax
Re opening of assessment - TDS - disallowance of payment on account of share of profit paid to M/s. JSMS for managing the Lokhandawala Branch following judgment of IT vs. Panipat Woollen and General Mills Co. Ltd. [1976 (1) TMI 1 - SUPREME Court] - H ......
2013 (7) TMI 201 - ALLAHABAD HIGH COURT
M/s Galaxy Press Pvt. Ltd. Versus Asst. Commissioner of Income Tax-Iii Lucknow And Another
Stay of recovery proceedings - Petitioner not given opportunity of hearing - Held that:- in case any application for stay of recovery proceedings of demand has been preferred before the Commissioner of Income Tax (Appeal), he will look into the matt ......
2013 (7) TMI 199 - ALLAHABAD HIGH COURT
M/s CHW FORGE PVT LTD Versus UNION OF INDIA MINISTRY OF FINANCE AND 2 OTHERS
Stay of recovery - Addition in total income - Increase in G.P. rate - Held that:- unlike the cases under Section 35F of the Central Excise Act, a strong prima facie case is not the indicator nor would be a motivating factor or consideration in exerci ......
2013 (7) TMI 40 - ITAT AHMEDABAD
Smt. Jashukanta D Soni L/h. Shri Dineshchanndra J Soni Versus Income Tax Oficer, W ard-5(4), Baroda
Rectification of mistake - Cancellation of interest charged Held that:- Assessing Officer made order u/s. 220(2) levying interest on outstanding demand tax assessee claimed interest on seized material kept with Department and requested to adjust ......
2013 (6) TMI 307 - MADRAS HIGH COURT
M/s. Prime Urban Development India Limited Versus The Income Tax Officer,
Stay - recovery - held that:- the bank accounts of the petitioner have been attached - it appropriate to direct the second respondent to dispose of the appeal, filed by the petitioner, on merits and in accordance with law, within a period of eight we ......
2013 (6) TMI 125 - GUJARAT HIGH COURT
Kantilal Sakarlal Gandhi Versus Income-tax Officer, Ward 1 (2)
Liability of directors of private company in liquidation - penalty levied against the company under section 271(1)(c) for outstanding demand of Rs. 2.47 lac for AY 1988-89 & Rs. 4.38 lac for AY 1989-90 - whether u/s 179 department has no authority to ......
2013 (5) TMI 661 - HIMACHAL PRADESH HIGH COURT
M/s Sai Ram Education Tursts. Versus Asstt. Commissioner of Income Tax & another
Demand notice - Direction to pay Rs. 5,00,000/- issued by CIT(A) in exercise of the powers u/s 220(6) r.w.s. 120 founded on the conclusion that the petitioner was claiming exemption under Section 12A - Held that:- The basis on which CIT issued the de ......
2013 (5) TMI 585 - ITAT KOLKATA
Woodlands Medical Centre Ltd. Versus Deputy Commissioner of Income-tax, Circle-11
Levy of interest u/s. 220(2) - demand was raised for the first time pursuant to the rectification under section 154/251/143(3) - Held that:- The issue is squarely covered in favour of the assessee by the decision of Seshasayee Paper & Boards Ltd. Vs. ......
2013 (5) TMI 331 - GUJARAT HIGH COURT
Nayan M. Shah Versus Income-tax Officer
Liability of directors of private company in liquidation - Section 179 v/s 156 - Penalty u/s 271(1)(c) - whether in exercise of powers u/s 179 of the Act any recovery can be made from the petitioner towards interest and penalty with respect to the pr ......
2013 (5) TMI 221 - PUNJAB & HARYANA HIGH COURT
Roxy Industrial Corporation Versus Commissioner of Income Tax
Search/seizure u/s 132 - ownership of seized jewellery Held that: As the Civil Suit pending between the parties in Civil Courts at Ludhiana, and If the Assessee or its partners succeed and the levy of interest is set aside or reduced by a Statut ......
2013 (5) TMI 156 - DELHI HIGH COURT
SAIPEM TRIUNE ENGINEERING PVT LTD AND ANR Versus ASSTT COMMISSIONER OF INCOME TAX.
Stay - Disallowance of depreciation on intangibles & tangible - Demand U/s 40A(2) - Interest U/s 220(2) of the Income Tax Act, 1961 - Held that:- It is necessary to note that out of the total tax demand of Rs.15,81,63,498/-, an amount of Rs.1,62,40 ......