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Showing 1 to 20 of 1299 Records
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2013 (9) TMI 1302 - ITAT JABALPUR
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... ... ..... Assessing Officer with reference to the books of account of M/s. Star Automobiles but the impugned difference was assessed in the hands of the assessee out of the bonafide error as the two cases are of same group. Accordingly, the addition made to the returned income on this count is not sustainable and hence, it is deleted. 23. We have considered the rival contentions and found that after calling the remand report from the Assessing Officer, ld Commissioner of Income tax (Appeals) found that reconciliation statement was filed, according to which, there was no difference. The detailed findings recorded by ld Commissioner of Income tax (Appeals) has not been controverted by the department. We do not find any reason to interfere in the order of ld Commissioner of Income tax (Appeals) resulting into deletion of Rs.4,46,649/-. 24. In the result, appeal filed by revenue and cross objection by assessee is allowed in part. Order pronounced in the open court on 20th September, 2013.
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2013 (9) TMI 1301 - PATNA HIGH COURT
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... ... ..... Income tax Act. Under the said provision, the Insurer is obliged to deduct the tax at source from the amount of interest paid by the Insurer to the claimant. The said amount has to be deposited with the Government of India as the income tax deducted at source. The Tribunal below has grossly erred in directing the Insurer to pay the said sum to the claimant. Learned advocate Mr. Nawal Kishore Singh has appeared for the respondent-claimant. He candidly admits that there is statutory liability upon the Insurer to deduct the tax at source from the amount of interest payable to the claimant. He also admits that the respondent claimant has filed the income tax return and has claimed refund of the aforesaid amount deducted by the Insurer. For the aforesaid reasons, this Petition is allowed. The impugned order dated 5th December 2012 made by the Additional District and Sessions Judge-III-cum-Motor Accident Claim Tribunal, Patna in Claim Case No. 111 of 1998 is quashed and set aside.
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2013 (9) TMI 1300 - ITAT INDORE
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... ... ..... has either been received or accrued to assessee in a previous year, the question of levying any income tax does not arise at all. Furthermore, mere wrong deduction of tax at source by contractee will not give right to the contractor to receive that income. In the instant case before us, the alleged amount of proforma invoice has neither been received nor accrued to the assessee during the relevant assessment year under consideration. Therefore, there is no justification in the action of CIT(A) for bringing to tax net such amount during the year under consideration. However, the Department is at liberty to tax such income in the year of actual receipt, in any subsequent year. Accordingly, we restore the matter back to the file of Assessing Officer to verify and tax this income in the year of actual receipt. We direct accordingly. 22. In the result, the appeal is allowed in part for statistical purposes. This order has been pronounced in the open court on 30th September, 2013.
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2013 (9) TMI 1299 - ANDHRA PRADESH HIGH COURT
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... ... ..... mpowered to make the assessment within a period of four years from the end of the period from which the assessment is made. 3. Though no counter affidavit is filed on behalf of the respondents, it is fairly conceded by the learned Special Government Pleader for Commercial Taxes that the assessment from April 2005 to May, 2009 is beyond the period of four years mentioned under Section 21(4) of the Act. 4. In the facts and circumstances, the impugned assessment for the period from April 2005 to May 2009 is hereby declared as illegal as barred by limitation. Accordingly, the impugned order is set aside and it is left open to the 1st respondent to initiate fresh proceedings so far as the assessment for the period from June, 2009 onwards and to pass an appropriate order following due process of law. 5. The writ petition is accordingly disposed of at the stage of admission. No costs. Consequently, the miscellaneous petitions, if any, pending in the writ petition shall stand closed.
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2013 (9) TMI 1298 - SUPREME COURT
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... ... ..... fter the child is born out of their union? Since the child is now a grown up girl, her welfare must be the prime consideration for both the parties. In view of the foregoing reasons, we are of the opinion that the two parties in this case must reconcile and if the Appellant so feels that the Respondent is still suffering, then she must be given the right treatment. The Respondent must stick to her treatment plan and make the best attempts to get better. It is not in the best interest of either the Respondent or her daughter who is said to be of adolescent age for grant of a decree of dissolution of marriage as prayed for by the Appellant. Hence, the appeal is liable to be dismissed. 24. Accordingly, we dismiss the appeal and uphold the judgment of the High Court in not granting a decree of divorce and allowing the petition for restitution of conjugal rights. Therefore, we grant a decree for restitution of conjugal rights Under Section 9 of the Act in favour of the Respondent.
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2013 (9) TMI 1297 - ITAT MUMBAI
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... ... ..... of the Revenue Authorities and he has no objection if the matter is remanded back to the files of the AO for fresh examination of the issue. 5. We have heard both the parties and perused the orders of the Revenue Authorities as well as the material placed before us. On hearing both the parties, we find merit in the Ld Counsel’s arguments. It is a fact that neither the AO nor the CIT (A) have really gone into the issue of existence of excess funds and have given categorical findings about this fact. Therefore, in our considered opinion, this issue should also be set aside to the files of the AO for fresh adjudication considering the judgment of the Supreme Court in the case of Reliance Petro-products (supra) as well as the relevant law in force. Accordingly, issue no.2 is remanded and relevant conclusions of the revenue authorities are set aside. 6. In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 4.9.2013.
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2013 (9) TMI 1296 - PUNJAB AND HARYANA HIGH COURT
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... ... ..... at source adjusted against their tax liability. If any amount deducted at source is found to be in excess of the tax liability, the petitioners are entitled to refund in accordance with the provisions of the Act. 9. In view of the above, the writ petitions stand disposed of with liberty to the petitioners to file the income tax returns and seek refund of excess tax deducted at source in accordance with law. 10. Keeping in view of the observations made in Karnail Singh's, Sarti's and Kulwant Rai's cases (supra), it is held that the writ petitions are not maintainable as the petitioners have alternative remedy by way of filing the income tax returns and getting the tax deducted at source adjusted against their tax liability. Accordingly both the writ petitions are disposed of. However, if any amount deducted at source is found to be in excess, the petitioners would be entitled to apply for refund thereof in accordance with the provisions of the Income Tax Act, 1961.
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2013 (9) TMI 1295 - ITAT MUMBAI
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... ... ..... ue is reversed and this part of the ground no.1 raised by the Revenue is allowed. 17. Ground no.2 relates to confirming of the addition for the provisions of the income tax recoverable from the customers amounting to Rs. 3,96,76,000/- for the purpose of computing the book profits u/s 115JB of the Act. This issue is identical to the ground no.1 raised by the assessee vide appeal ITA No.7438/M/2011 (supra), which is adjudicated by us vide paras 5 and 6 of this order. In the assessee‟s appeal, we have decided the matter in favour of the Revenue by respectfully following the order of this Tribunal in the assessee‟s own case for the AY 2003-2004 reported in 142 ITD 251 (Mum) (supra). Therefore, following the same, the issue raised by the Revenue, vide ground no.2 of this appeal, is decided against the assessee. Accordingly, the ground no.2 is allowed. 18. In the result, appeal of the Revenue is partly allowed. Order pronounced in the open court on 24th September, 2013.
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2013 (9) TMI 1294 - ITAT HYDERABAD
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... ... ..... nce of the TDS claimed can be done. So far as the CIT (A) relying on rule 37BA of IT Rules is concerned, we are of the view that in the first place the said rule is not applicable to the assessment year under dispute as it has been inserted into the statute by IT (Sixth Amendment) Rules 2009 with effect from 1-4-2009. Even if we go by the aforesaid rule, the Assessing Officer was required to give credit to the TDS in the corresponding assessment years wherein the income was so offered which also would have resulted in refund to the assessee. In aforesaid view of the matter, we hold that no disallowance of TDS can be made in the given facts and circumstances of the case and the assessee is entitled to claim credit for the entire TDS amount of Rs.55,22,932/- in the impugned assessment year. Accordingly, we set aside the order passed by the CIT (A) by allowing the ground raised by the assessee. 10. In the result, the appeal is allowed. Order pronounced in the court on 13-9-2013.
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2013 (9) TMI 1293 - ITAT BANGALORE
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... ... ..... rds charges for display of banners and right to use common area are from members who own commercial space in the complex Manipal Centre. The character of the receipts though can be termed as licence fee/rent are nevertheless charges paid by the members and to be used for the purpose for which the members got together viz., maintenance and convenient enjoyment of the North and South Block of Manipal Centre complex. In that view of the matter there is complete identity of the contributors and participators and the other two conditions for not taxing income on the ground of mutuality is also present. We are therefore of the view that the claim of the Assessee for its non-taxability has to be accepted. In our view the ratio laid down by the Hon'ble Supreme Court in the case of Bangalore Club (supra) in our view has been wrongly extended to the aforesaid receipts also. We therefore hold that the aforesaid receipts are not taxable. In the result, the appeals are partly allowed.
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2013 (9) TMI 1292 - SUPREME COURT
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... ... ..... Tamil Nadu, Maharashtra and Pondicherry Acts, the constitutional validity of those legislation has already been upheld. We also fully concur with the views expressed by this Court in those Judgments and uphold the constitutional validity of the Andhra Act. 13. Learned Counsel for the Petitioner raised a further contention that Vasavi Cooperative Bank Ltd. does not come within the definition of "financial establishment" Under Section 2(c) of the Andhra Act. We find it difficult to accept that contention. What has been excluded from that definition is a Company registered under the Companies Act or a Corporation or a Cooperative Society owned and controlled by any State Government or the Central Government. The Society in question does not fall in that category. Consequently, the Co-operative Bank in question is also governed by the provisions of the Andhra Act. 14. In the circumstances, we find no merit in these Writ Petitions and the same are accordingly dismissed.
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2013 (9) TMI 1291 - ITAT LUCKNOW
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... ... ..... , may at the worst cause loss of some revenue or income-tax payable by the individual assessee - On the other hand, if a contrary view is taken, it would leave the assessee totally at the mercy of the IT authorities inasmuch as the assessee has not been provided any remedy under the Act against non-decision - Moreover, the former view furthers the object and purpose of the statutory provision - Thus, the better interpretation would be to hold that the effect of non-consideration of the application for registration under s. 12A within the time fixed by s. 12AA(2) would be a deemed grant of registration.” 8. Respectfully following the precedent as above and also the legal provisions discussed above, we are of the opinion that the order of ld. CIT in this case is liable to be set aside and the assessee be granted deemed registration and approval as applied. 9. In the result, these appeals filed by the assessee are allowed. (Order pronounced in the open Court on 20.09.2013)
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2013 (9) TMI 1290 - SUPREME COURT
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... ... ..... offers. Time has, therefore, come to take next step viz. recovery of cost from such officers who take such frivolous decisions of filing appeals, even after knowing well that these are totally vexatious and uncalled for appeals. We clarify that such an order of recovery of cost from the concerned officer be passed only in those cases where appeal is found to be ex-facie frivolous and the decision to file the appeal is also found to be palpably irrational and uncalled for. 16. In a case like the present, where the concerned officer took the decision to file the appeal, direction of the High Court to recover the cost from him cannot be faulted with. Sense of responsibility would drawn on such officers only when they are made to pay the costs from their pockets, instead of burdening the exchequer. 17. We are, therefore, not inclined to recall the aforesaid direction of the High Court to recover the cost from the officer concerned. 18. Dismissed with further cost of Rs. 10,000/-.
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2013 (9) TMI 1289 - SUPREME COURT
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... ... ..... hard to impress us that the order being a cryptic one this Court should set aside the same and remit the matter to the DRAT. The said prayer has been seriously opposed by Mr. Jain, learned senior counsel for the appellant-bank and Mr. Dham, learned counsel for the borrower. Two aspects weigh in our mind not to take recourse to such a mode, namely, (i) the auction purchaser has not challenged the order passed by the DRAT before the High Court nor has he come to this Court and further Mr. Jain has restricted his argument only with regard to grant of liberty; and (ii) with the efflux of time the bank has realized its money and the property has changed hands. It can be stated with certitude that it is absolutely unnecessary to direct the DRAT to proceed with the appeal de novo. Hence, we refrain from adopting the said course. 33. Resultantly, the appeal is allowed to the extent indicated hereinabove. In the facts and circumstances of the case there shall be no order as to costs.
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2013 (9) TMI 1288 - KERALA HIGH COURT
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... ... ..... amend their pleadings appropriately and that respondent shall not be confined in her request for amendment of the plaint to what is stated in I.A. No. 855 of 2006. I also make it clear that it is open to the parties or any of them to request the trial court to get the properties measured as per the old survey also if such a course if possible. It is open to the parties to file their objection to Exts. C1 to C2(a) or the report and plan that may be obtained based on the measurement of the properties as per the old survey. I make it clear that I have not expressed any opinion regarding the merit of the contentions the parties have raised and that the observations made by me based on Ext. C2(a) is no indication as to the mind of this court regarding the Correctness of the contentions the parties have raised. The substantial questions of law framed are answered as above. The appeal is dismissed with the directions and observations made above and without any order as to the costs.
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2013 (9) TMI 1287 - ITAT CHENNAI
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... ... ..... 2010 relevant to the AY. 2005-06 decided on 13-05-2011. The Tribunal in the said appeal of the assessee, held that assessee is eligible for claiming the benefit under tonnage tax scheme. Following the decision of the Tribunal, the CIT(Appeals) has allowed the appeal of the assessee for AY. 2009-10. The ld. AR placed on record the copy of the order of the Tribunal dated 13-05-2011 in ITA No. 356/Mds/2010 (supra). 5. We have heard the submissions made by both the sides and have perused the orders of the authorities below as well as the order of the co-ordinate bench of the Tribunal passed in assessee’s own case in appeal relevant to the AY. 2005-06. We find that the Tribunal in ITA No. 356/Mds/2010 (supra) has held that the assessee is eligible for claiming the benefit of tonnage tax scheme. Respectfully following the same, we dismiss this appeal of the Revenue and uphold the findings of the CIT(Appeals). Order pronounced on Wednesday, the 18th September, 2013 at Chennai.
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2013 (9) TMI 1286 - GUJARAT HIGH COURT
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... ... ..... s elapsed in pursuing the legal remedies, the respondent-assessee would be within its rights to raise all the contentions, including this, before the revenue authorities at an appropriate time, if such need so arises; and the concerned authority may consider the same in accordance with law having regard to all the facts and circumstances. 14.00. For the foregoing reasons, the present appeal succeeds and the same is, accordingly, partly allowed. The impugned orders are quashed and set aside, remanding the matter to the Commissioner (Appeals), for deciding the Appeal afresh on affording reasonable opportunity to both the sides in respect of the additional evidence collected by it in exercise of powers under sub-rule (4) of Rule 46A. Needless to say that nothing is opined on the merits of the case by this Court and none of the observations made hereinabove shall, in any manner, prejudice the right of either of the parties in deciding the appeal afresh by the revenue authorities.
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2013 (9) TMI 1285 - ALLAHABAD HIGH COURT
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... ... ..... ; the words "issued and" be added; (2) In the same paragraph word "Rs." occurring before the figure "1,44,00,000" and mark "/-" occurring after the said figure be deleted; (3) Similarly, in the same paragraph word "Rs." occurring before the figure "1,42,95,770" and mark of "/-" occurring after the said figure be deleted; (4) In the same paragraph the word "affected" appearing after the words "is to be" and before the words "by paying of" be changed and read as "effected"; (5) In the same paragraph "₹ 1,14,230" be deleted and substituted by figure "1,04,230"; (6) In paragraph 12 the figure "1,04,200" be deleted and substituted by figure "1,04,230"; and (7) In paragraph 15 "Form No.19" be deleted and substituted by "Form No.31". Correction Applications No.234992 of 2013 and 166760 of 2013 are disposed of.
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2013 (9) TMI 1284 - ITAT MUMBAI
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... ... ..... was granted registration under section 12A. Even if the assessee’s receipts fall in the nature of trade, commerce or business activities, then also it needs to be examined whether these activities are directly related to promotion and carrying of sports activities as per the objects or not, if these activities are not in accordance with the objects on the activities of the trust are not genuine, then certainly registration granted earlier can be cancelled under section 12AA(3). Since these aspects have not been examined properly, therefore, we set aside the impugned order passed by the learned DIT and remanded back the same to his file for examining this issue afresh in the light of the observations made above and in accordance with law. Thus, the ground raised by the assessee is treated as allowed for statistical purposes. 8. In the result, assessee’s appeal is treated as allowed for statistical purposes. Order pronounced in the open Court on 18th September 2013
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2013 (9) TMI 1283 - ITAT AMRITSAR
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... ... ..... cts in the case of Sh. Charanjit Singh Atwal vs. ITO and others (supra) and in the case of Satnam Singh Kainth vs. ITO and others (supra), where detailed orders have been passed in the said cases. Since the facts in the present case are identical to the facts in the case of Sh. Charanjit Singh Atwal vs. ITO and others (supra) and in the case of Satnam Singh Kainth vs. ITO and others (supra), therefore, our order in the case of Satnam Singh Kainth vs. ITO and others (supra) is identically applicable to the facts of the present appeal, which have been discussed in detail in our order in the case of Sh. Satnam Singh Kainth vs. ITO (supra). Therefore, in the facts and circumstances, all the grounds of the assessee are dismissed. In the result, the appeal in ITA No. 408(Asr)/2013 is dismissed. In the result, all the three appeals of different assesses in ITA Nos. 404(Asr)/2013, 406(Asr)/2013 & 408(Asr)/2013 are dismissed. Order pronounced in the open court on 11th Sept., 2013.
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