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Addition u/s 68 - the loan which has been returned to the respective creditors cannot be taxed in the hands of assessee as its income - Tri    *    CENVAT credit - dumpers/ tippers will be in the nature of inputs for providing Supply of tangible goods services & not capital goods – Tri    *    Rebate claim issue    *    Opinion for availment of Cenvat Credit on invoices provided by CHA against service received for Export and Import.    *    RBI Reference Rate for US $    *    Export of Red Sanders wood by Government of Andhra Pradesh & Directorate of Revenue Intelligence (DRI) - Revision of quantity allocation to Govt. of Andhra Pradesh and extension of time for export by Govt. of Andhra Pradesh and DRI    *    Taxability of collection of development fee from the passengers – operational, management and development of airport - it cannot be said that the amount so collected is by way of service charge. - not taxable - Tri    *    Cenvat credit - Since lubricants are not falling under the negative list of goods mentioned in the definition clause, credit cannot be denied to the appellant - Tri    *    Expenditure on Cost Guard day function & seminar - whether allowable expenditure u/s. 37(i) - Held Yes - The expenditure has been incurred towards discharge of corporate social responsibility - Tri    *    TDS u/s 194C - non tds on Vehicle / dumper Hire Charges - No contract, either verbal or written, is entered into with the owners / drivers in these cases of purely temporary transporting arrangements - No disallowance - Tri    *    Industrial gala sold - taxation as STCG or LTCG - The entire payment as per the agreement was in fact made before financial year 1998-99. Occupation certificate was also issued on 10.03.1998 - the keys were taken back by the assessee on 01.01.2005 - sale of the property in the year 2005 has to be treated as sale of long-term capital assets and gain has to be assessed as long-term-capital-gain - Tri    *    Transfer pricing adjustment - the TPO was required to give reasons for discarding the CUP method qua each of the transactions as all the 12 international transactions entered into by the appellant were distinct. - HC    *    Reopening of assessment - at the time of issuing notice, it is not incumbent upon the AO to prove conclusively that there is escapement of income - Tri    *    Doctrine of substantial compliance    *    Auction for Sale (Re-issue) of '7.35 per cent Government Stock, 2024’, Auction for Sale (Re-issue) of ‘New 10 year Government Stock, 2026’, Auction for Sale (Re-issue) ‘7.73 per cent Government Stock, 2034’ and Auction for Sale (Issue) of ‘8.13 per cent Government Stock, 2045’    *    Interaction of the Indian Members of the India – US CEO Forum with Commerce and Industry Minister    *    Bilateral Meeting between Commerce & Industry Minister and Secretary of State for International Trade, UK    *    COMPENSATION UNDER MOTOR VEHICLES ACT, 1988 – SOME ISSUES    *    Travelling expenses incurred outside India by on duty employee whether taxable?    *    CENVAT CREDIT ON CERTIFIED COPY OF BILL OF MISC. CHARGES ON FINALIZATION OF BOE    *    Captive consuption to be shown in ER-1 Return filed through ACES system -reg    *    should i buy machinery after gst or before gst which will be benefit for me

Income Tax Case Laws - Section: 140

Home Case Index Income Tax Sections List
Cases for Section: 140
Showing 1 to 15 of 57 Records
  • 2016 (5) TMI 1031 - ITAT CHENNAI

    Levy of penalty u/s.221(1) - default of non-payment of self-assessment tax - Held that - Reading of Sec.221 of the Act shows that the Explanation wherein as may not shall which is subjective of the fact that imposition of penalty is neither automatic... ... ...

  • 2014 (9) TMI 317 - ITAT HYDERABAD

    Addition of notional interest accrual of interest - uncertainties exist - Benefit of circular dated June 20, 1978 - The interest income has been recognized in the books of accounts only to the extent of actual collection, which is the recommended/ re... ... ...

  • 2014 (9) TMI 600 - ITAT HYDERABAD

    Penalty u/s 271(1)(c) - aggrieved person - filing appeal on behalf of company - revenue contended that Shri R.Subba Rao was neither a Director nor a Managing director of the assessee company on that date, he is not a person authorised either to file ... ... ...

  • 2015 (6) TMI 51 - ITAT CHANDIGARH

    Penalty under section 140(3) read with section 221(1) of the Income Tax Act , 1961 - Available funds utilised for expansion purposes - Notice served on an employee who not forwarded the same to the management - Held that - The CIT(Appeals) condoned t... ... ...

  • 2013 (9) TMI 478 - ITAT MUMBAI

    Interest u/s 244A(b) - Rectification of error in assessment done - whether interest u/s 244A is to be paid on on self-assessment tax paid ignoring the Explanation section 244A(b) - CIT allowed interest on refund - Held that - Even though the short ti... ... ...

  • 2012 (8) TMI 281 - ITAT MUMBAI

    Disallowance u/s 14A - assessee claimed dividend income as exempt u/s 10(33) - Held that - On considering the magnitude of profit with the company and the investments made in these shares of Kothari group, it can be easily noticed that the profit for... ... ...

  • 2012 (4) TMI 292 - ITAT AHMEDABAD

    Plea for admission of appeal for waiver of penalty levied u/s 271(1)(c) assessee being defunct company struck off from the records of ROC on 27.05.2010 - CIT(A) dismissed the appeal on ground that since company is non-existent, there cannot be any di... ... ...

  • 2011 (8) TMI 660 - Karnataka High Court

    Refund on appeal u/s 140 - Block assessment - notice issued under section 158BC - (i) Whether the appellate authorities were correct in holding that the assessee is entitled to refund of interest collected under section 158BFA(1) of the Act when the ... ... ...

  • 2010 (10) TMI 856 - Punjab and Haryana High Court

    Penalty u/s 140 - failure to deposit the entire amount of advance tax - as per assessee default in making payment was on account of financial stringency due to destruction of equipments and material during riots - Held that - Tribunal in the assessee... ... ...

  • 2009 (9) TMI 70 - DELHI HIGH COURT

    Doctrine of relation back return - If the irregularity in the original return is curable, then the doctrine of relation back would apply, on the other hand, if there is a fundamental defect in the original return, which cannot be cured, then such a d... ... ...

  • 2009 (8) TMI 847 - ITAT MUMBAI

    ... ...
    ... ... nd to be correct then he will allow the carry forward of such loss for the reason that removal of defects shall validate the original and revised return filed by the assessee in time. 51. In the result, the appeal is allowed for statistical purposes.

  • 2009 (4) TMI 108 - BOMBAY HIGH COURT

    Defective return - removal of defect - Person competent to sing the return - once Section 140 of the Act mandates that the return has to be signed in the case of a company by the Managing Director and where Managing Director is not available by any D... ... ...


    Defect in return validity - return does not even bear assessee s signatures and had not even been verified by her - Section 292B of the 1961 Act, do not authorize the Assessing Officer to ignore a defect of a substantive nature impugned return was an... ... ...


    Return whether null and void signature u/s 140 assessment u/s 143(3) legal heirs deceased person can or can not authorized a person to represent his case or to sign his return held that - the return was filed on 28.11.2003. On that day, the assessee ... ... ...

  • 2008 (6) TMI 292 - ITAT PUNE-B

    ... ...
    ... ... r was time-barred. The impugned assessment is, accordingly, set aside, and the income returned by the assessee is directed to be accepted. The assessee gets the relief accordingly. 6. In the result, the appeal is allowed in the terms indicated above.

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