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Displaying Judiciary 1 - 10 of 1440 in 144 pages


Computation of Deduction under section 10A and depreciation on computer accessories

By CS Bijoy On 22 May 2013 at 13:41

The relevant facts of the case are that in the year under consideration the assessee who is wholly owned subsidiary of Honeywell International Inc. Returned ncome of Rs.15,63,19,080/- by way of filing return on 30th November, 2006. The assessee compa...

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Posted in Income Tax | 0 comments | 208 hits


Decision on cash purchase directly from growers and applicability of rule 8D

By CS Bijoy On 21 May 2013 at 13:48

The issue of cash purchases was also examined in the preceding years. While during the course of the assessment proceedings for the assessee had categorically submitted that the raw materials i.e carcass had been purchased through agents, as also the...

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Posted in Income Tax | 0 comments | 247 hits


Services provided without human intervention cannot be treated as technical service

By CS Bijoy On 20 May 2013 at 13:44

Non-deduction of tax source u/s 192 of the Act in respect of non-inclusion of performance incentive for the purposes of calculating exemption u/s 10(13A) of the Act; and (ii) Non deduction of TDS u/s 194J from the payment made for the use of telecomm...

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Posted in Income Tax | 0 comments | 335 hits


Revised tax effect for appeal applies to all pending appeals

By CS Bijoy On 17 May 2013 at 12:46

We draw the attention of the ld. DR regarding the tax effect on the deletion of addition of Rs.9,05,643/- which is less than Rs. 3.00 lakh. This position is admitted by the ld. D.R. Therefore, as per the Instruction No. 3/2011 dated 09.02.2011 the re...

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Posted in Income Tax | 0 comments | 491 hits


Registration of trust under section 12A IT Act 1961

By CS Bijoy On 16 May 2013 at 12:41

At the time of hearing before us, it was stated by the learned counsel that the DIT(Exemptions), vide his order dated 29th September, 2010, refused to register the trust. However, subsequently, the same DIT(Exemptions), vide order dated 6th April, 20...

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Posted in Income Tax | 0 comments | 611 hits


If the appeal has no effect on tax liability its liable to be dismissed

By CS Bijoy On 14 May 2013 at 13:01

At the time of hearing before us, it was stated by the learned counsel that in both the years, despite huge additions, the assessed income is loss. That the set off of this loss has never been claimed in the subsequent years because in the subsequent...

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Posted in Income Tax | 0 comments | 1232 hits


Realisation of shares cannot be treated as commission

By CS Bijoy On 13 May 2013 at 12:33

On the facts and in the circumstances of the case, the ld.CIT(A) has erred in deleting the addition of Rs.15,00,000/- made by the Assessing Officer u/s 68 of I.T.Act, 1961 in respect of unexplained cash credits without appreciating the fact that the ...

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Posted in Income Tax | 0 comments | 1345 hits


Long term capital gain under section 50C of the Income Tax Act

By CS Bijoy On 11 May 2013 at 11:11

That on the facts and in the circumstances of the case, the Assessing Officer had erred in invoking provision of section 50C of the I.T. Act thereby computing the long term capital gain at Rs. 74,15,381/-. The Ld. Commissioner of Income Tax (A) is al...

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Posted in Income Tax | 0 comments | 957 hits


Absence without application for adjournment can treat the appeal dismisses

By CS Bijoy On 10 May 2013 at 13:15

However at the time of hearing, no one was present on behalf of the assessee. The appeal was passed over twice. Despite the same, neither the assessee was present nor any request for adjournment has been placed before the Bench. The record shows that...

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Posted in Income Tax | 0 comments | 895 hits


Intimation u/s 143(1) cannot be disturbed subject to the reason recorded by AO

By CS Bijoy On 09 May 2013 at 13:49

Brief facts of the case are that assessee was running a proprietary business as whole seller at Nainital. It had filed its return of income declaring total income of Rs. 1,90,000/-. The Assessing Officer, vide order sheet entry dated 19th August, 200...

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Posted in Income Tax | 0 comments | 330 hits




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Updated on : 24/05/2013 07:41:00