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Displaying 10 - 20 of 1438 in 144 pages

If issue set aside by ITAT further appeal on same subject is deemed to be set aside subject to the condition

By CS Bijoy On 06 May 2013 at 12:08

However, at the time of hearing before us, it was pointed out by the learned counsel that the learned CIT(A) had allowed only part relief and, therefore, against the addition sustained at `3,45,914/-, the assessee had filed appeal before the ITAT. Th...

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Posted in Income Tax | 0 comments | 326 hits


Limit of Tax effect for filling appeal before Tribunal applicable for all pending appeal

By CS Bijoy On 04 May 2013 at 13:08

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 | 349 hits


Whether Revenue’s appeal is general in nature and needs no adjudication

By CS Bijoy On 03 May 2013 at 15:11

On the facts and in the circumstances of the case, the ld.CIT(A) has erred in law and facts in deleting the addition of Rs.4,070302/- made by the AO on account of disallowance of car maintenance expenses.”

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Posted in Income Tax | 0 comments | 298 hits


Absence of interest for prosecution may cause for dismissal

By CS Bijoy On 02 May 2013 at 12:56

The appeal was fixed for hearing on 21.11.2011 when the case was adjourned at the request of the assessee’s counsel to 22.03.2012. Thereafter, the Bench did not function and the hearing was fixed on 25.07.2012. On 25.07.2012, the matter was adjourned...

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Posted in Income Tax | 0 comments | 310 hits


Effect of mistake by CIT in confirming order passed under section 153C read with Sec 153A of IT Act.

By CS Bijoy On 01 May 2013 at 12:53

At the time of hearing before us, the learned counsel for the assessee argued at length. He stated that there was search at Chaurasia Group of cases. However, there was no search operation at the premises of the assessee company. The Assessing Office...

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Posted in Income Tax | 0 comments | 387 hits


Exemption of Tax under the doctrine of mutuality

By CS Bijoy On 27 April 2013 at 11:35

The facts necessary for the purpose of appreciating the controversy involved in the appeal are as follows: The Bangalore Club (hereinafter referred to as the “assessee”), the appellant herein, is an unincorporated Association of Persons, (AOP). I...

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Posted in Income Tax | 0 comments | 454 hits


Tax deposited on estimated income cannot be treated as disclosure of total income

By CS Bijoy On 26 April 2013 at 12:35

The respondent-assessee is a firm which came into existence on 25th June, 1992. On 23rd February, 1996, a search operation under Section 132 of the Act was carried out at the premises of another concern, viz. M/s A.R. Mercantile Private Limited. Duri...

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Posted in Income Tax | 0 comments | 482 hits


Depreciation on the vehicles financed by assessee and registered in the name of third party

By CS Bijoy On 25 April 2013 at 12:10

The assessee is a public limited company, classified by the Reserve Bank of India (RBI) as a non-banking finance company. It is engaged in the business of hire purchase, leasing and real estate etc. The vehicles, on which depreciation was claimed, ar...

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Posted in Income Tax | 0 comments | 587 hits


Exemption to specified goods imported for production of goods for export

By CS Bijoy On 23 April 2013 at 13:50

The appellant, an Export Oriented Unit (for short “EOU”), is engaged in the manufacture of all wool and poly-wool worsted grey fabrics. It was granted the status of EOU by the Government of India, Ministry of Industry, Department of Industrial Develo...

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Posted in Custom | 0 comments | 521 hits


Impact of RBI's master circular on willful defaulter

By CS Bijoy On 22 April 2013 at 13:08

The facts very briefly are that the appellant-bank sanctioned Derivatives/Forward Contracts facility to respondent no.1 upto a limit of Rs.2,00,00,000/- (rupees two crores) only for the purpose of hedging foreign currency exposures by its letter date...

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Posted in Others | 0 comments | 607 hits




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