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Refund - reduction in value - credit notes towards trade discount raised by the Assessee subsequent to the sale - refund allowed - SC    *    Delayed deposit of collected service tax - due to lack of funds - Such possibilities do occur in the world of business - No penalty - Tri    *    Settlement Commission (Income Tax and Wealth Tax) (Recruitment and Conditions of Service of Chairman, Vice-Chairman and Members) Amendment Rules, 2016    *    Seeks to amend Notification No. 26/2012- Service Tax dated 20.06.2012, by inserting of entry 5A for transportation of passengers embarking from or terminating in a Regional Connectivity Scheme (RCS) airports, with abatement of 90%,for a period of one year from the date of commencement of operations of the Regional Connectivity Scheme (RCS) airport, with condition of without taking any CENVAT credit    *    Disclosures on the Website    *    eligibility of service tax credit    *    service tax payament-reg    *    Removal of goods from Depot to Job worker    *    Commercial and Industrial Construction Services - confirmation of tax liability on the appellant on a category which is not alleged in the show-cause notice is traversing beyond the allegations made in the show-cause notice. - Tri    *    Demand of Service Tax in respect of the same transaction on the ground that the deposit of Service Tax was under a different category whereas a different category of service has been provided cannot be held to be justifiable. - Tri    *    Valuation - if it is found that the royalty payment shown in the Books of Account is not related to the present transaction and related to some other transaction, the same cannot be relevant for the valuation in the present case. - Tri    *    Levying tax at 4/5% on the contractee - if the petitioner furnishes proof of payment of tax by the contractors on the very same turnover, to then consider whether tax can be levied on the petitioner as it may then amount to taxing the very same deemed sale of goods twice. - HC    *    Cenvat credit - duty paid goods cleared on their own invoices received back due to defect/rejection - no procedure such as making application or taking permission is required for compliance of Rule 16. - Tri    *    Exemption from E. Cess and S.H.E. Cess under Notifications No. 28 and 29/2010 both dated 22.06.2010 is applicable only with respect to Clean Energy Cess levied under the Finance Act, 2010, but will not be applicable with respect to Central Excise duty levied on coal w.e.f 01.03.2011 - Tri    *    Cenvat credit - various light fittings and fixtures were brought into the factory after duty payment and were installed for the intended purposes. To call these items as immovable property is without basis - credit allowed - Tri    *    Unjust enrichment - Refund claim - the amount was deposited by the appellant on the direction of the appellate authorities. - question of unjust enrichment does not arise - Tri    *    WPC for bluetooth headphones.    *    Guarantee executed by the defendant - period of limitation extended on account of the acknowledgement of debt, in terms of Section 19 of the Limitation Act, 1963 - as there is no acknowledgement of debt, the provision of Section 19 of the said Act, are not attracted to the facts of the present case.- HC    *    Claim for depreciation on the leased vehicles - the finding by the ld. CIT(A) of the character of the lease as an operating lease cannot, under the circumstances, be faulted, and the assessee, accordingly, entitled to its claim for depreciation on the leased vehicles - Tri    *    Depreciation - prior to ending of the relevant financial year, though the assessee had an opportunity to take possession of the property for the purpose of fit-outs, he cannot say that he has put the property to use for the purposes of claim of depreciation u/s 32 of the Act either in respect of building or machinery therein - Tri    *    Addition u/s 145A - inclusion of service tax as part of trading receipts - ection 145A of the Act would have no application in cases where service is provided by the Assessee - HC    *    Loss on account of foreign currency forward/option contracts - It is only at the year end that one can still reconcile the hedging transactions with the actual exposure or delivery and come to a conclusion whether hedging contract exceeded the actual exposure or not but certainly not on week to week or month to month basis. - Tri

Income Tax Case Laws - Section: 276CC

Home Case Index Income Tax Sections List
Cases for Section: 276CC
Showing 1 to 15 of 45 Records
  • 2016 (8) TMI 279 - MADRAS HIGH COURT

    Penalty proceedings u/s 271F and prosecution u/s 276CC - Non-filing of return by the co-operative society - Notice calling upon the petitioner-Society to furnish their return of income immediately and produce the copy of the acknowledgement by 13.04.... ... ...

  • 2014 (2) TMI 19 - SUPREME COURT

    Willful and deliberate failure to file returns - Held that - Section 276CC applies to situations where an assessee has failed to file a return of income as required under Section 139 of the Act or in response to notices issued to the assessee under S... ... ...

  • 2013 (12) TMI 318 - ALLAHABAD HIGH COURT

    Criminal proceedings - Failure to furnish returns of income - Held that - The case of the applicant is not with regard to evasion of tax, but it merely relates to the jurisdictional error in filing the returns and there are no proceedings pending aga... ... ...

  • 2013 (5) TMI 128 - DELHI HIGH COURT

    Failure to furnish the return - Offence U/s 276-CC of the Income Tax Act, 1961 - The accused/Assessee has not rendered any valid and cogent reasons for filing the Income Tax Return for the Assessment year, 1994-95 after the lapse of 7 months - Held t... ... ...

  • 2013 (6) TMI 284 - PATNA HIGH COURT

    Prosecution /s 276CC - immunity form prosecution or not - Settlement Commission, while deciding the case has granted immunities for penalty. - held that - In this case, the complaint has been filed under section 276CC of the Act which is related to n... ... ...

  • 2013 (7) TMI 770 - MADRAS HIGH COURT

    Compounding of offences u/s 276CC review petition - the petitioner contended that there is no bar for considering the request of the assessee for compounding the offence even if the assessee had been convicted - a criminal appeal has also been filed ... ... ...

  • 2010 (7) TMI 197 - MADRAS HIGH COURT

    Offences and prosecutions Complaints were filed against the assessee for not filing the income tax return before the statutory due date in accordance with section 139(1) of the Act and thereby rendering the assessee to prosecution under section 276CC... ... ...

  • 2010 (2) TMI 107 - MADRAS HIGH COURT

    Criminal Liability under section 276CC Failure to furnish return of income The assessee ought to have filed his returns for the assessment year 1991-92 and 1992-93 on or before August 31, 1991, and August 31, 1992, respectively but returns were filed... ... ...


    Offences and prosecution- The quintessence of the offence u/s 276CC of the Income Tax Act, lies in the willfulness of delay in filing return. In other words, it is not merely failure to file the return in time, which constitutes the offence. The fail... ... ...

  • 2008 (7) TMI 523 - ALLAHABAD HIGH COURT

    Offences and Prosecution- the income-tax returns on behalf of the Hindu undivided family were not submitted well within the lime for the assessment years 1980-81 and 1981-82 and, therefore, the offence punishable under section 276CC of the Income-tax... ... ...

  • 2008 (4) TMI 161 - ALLAHABAD HIGH COURT

    Petitioner won a lottery - prize money was paid to the petitioner in February, 1992 - petitioner in her return for the A.Y. 1992-93 disclosed the receipt of the prize money and also paid the tax due on it - Assessing Officer, on some misconception th... ... ...


    Appellant-Union of India being aggrieved by the judgment passed by the learned Additional Chief Judicial Magistrate acquitting the present respondent for offences punishable u/s 276CC & 277 appellant has submission that the learned court below co... ... ...

  • 2006 (11) TMI 133 - DELHI HIGH COURT

    Prosecution for failure to file the return as required u/s139 (1) in time - petitioners were no more partners in the firm - it is not indicated as to how and in what manner the petitioners were in-charge of the affairs of the firm - it is accused No.... ... ...

  • 2006 (11) TMI 185 - DELHI HIGH COURT

    Default in depositing TDS offence summoning order - held that a Managing Director was a principal officer of a company and that if he signs and verifies a return on behalf of the company which later turns out to be false, he would be liable there is ... ... ...

  • 2005 (11) TMI 67 - MADHYA PRADESH High Court

    ... ...
    ... ... allowed. The conviction and the sentence imposed under section 276CC of the Income-tax Act is set aside and the accused/applicants are acquitted of the charges aforesaid. The fine if deposited, be refunded to them. Their bail bonds stand discharged.

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