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Displaying 20 - 30 of 1437 in 144 pages

Quashing the gift-tax assessment: Transfer of shares

By praveen On 12 April 2013 at 12:03

The facts: The assessee, being the owner of 6000 fully paid up equity shares executed a deed of revocable transfer in favour of M/s Yogesh Chandra and Brothers Associates Under the deed, the assessee could, on completion of 74 months from the dat...

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Posted in Income Tax | 0 comments | 1021 hits


Issue of interest U/S 16B of ITAT Act

By Niyati On 13 March 2013 at 12:24

In view thereof, the judgment and order in appeal in these cases is also set aside. The matters are remanded to the High Court for fresh consideration on the merits of the case. The appeals are allowed but there will be no order as to costs.

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Posted in Income Tax | 1 comments | 3277 hits


Rule 19(2) apply in the absence of prosecution

By CS Bijoy On 24 January 2013 at 12:24

Having regard to Rule 19(2) of ITAT Rules, 1963 and following various decisions of the Tribunal including in the case of CIT vs. Multiplan India (P) Ltd., reported in 38 ITD 320 (Del.) and the judgment of Hon’ble Madhya Pradesh High Court in the case...

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Posted in Income Tax | 1 comments | 5693 hits


Amount recoverable given in advance cannot treat as income and depreciation can claim on all asset used for business

By CS Bijoy On 23 January 2013 at 13:17

The revenue has questioned the first appellate order on the following grounds: “1. On the facts and circumstances of the case and in law, the ld. CIT (A) has erred in deleting the addition of Rs.21,63,393/- being the amount receivable from M/s Adk...

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Posted in Income Tax | 0 comments | 5890 hits


Mobilization advance offered for Tax by acceptable method is enough

By CS Bijoy On 19 January 2013 at 12:42

Assessee company in this case is engaged in the business of manufacturing, designing and fabrication of aluminum and architectural products. In this case it was noted that the assessee has shown ` 3,87,74,848/- as mobilization advance under the head ...

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Posted in Income Tax | 0 comments | 6004 hits


No disallowance under section 14A can be made if assessee has not incurred and claimed any expenditure on exempt income

By CS Bijoy On 03 January 2013 at 11:52

Facts in brief:- The assessee is a Private Limited Company. It filed its return of income on 26.9.2009 declaring a loss of Rs.26,498/-. The assessee company had dividend income of Rs.41,82,220/-, which claimed as exempt under Section 10(34) of the In...

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Posted in Income Tax | 0 comments | 8967 hits


Order passed in violation of section 250 cannot be sustained

By CS Bijoy On 02 January 2013 at 12:28

the facts and circumstances of the case and in law, the Ld. CIT(A) has grossly erred in rejecting the appeal filed by the appellant against the assessment order dated 23 December, 2009 by alleging non appearance of the appellant and assuming that the...

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Posted in Income Tax | 0 comments | 6401 hits


TDS on payment to transporter on hired buses

By CS Bijoy On 30 November 2012 at 12:29

The brief facts of the case are that the assessee is a company engaged in the business of manufacture and trade in colour TVs, air-conditioners, refrigerators, microwave oven, washing machine, compressors, vacuum cleaners etc. It emerges out from the...

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Posted in Income Tax | 0 comments | 8854 hits


Opportunity to explain source after non responding to subsequent notices by AO

By CS Bijoy On 30 November 2012 at 12:29

Facts, in brief, as per relevant orders are that return declaring income of ``1,12,277/- beside agricultural income of ``1,05,000/-,filed on 9th July, 2007 by the assessee, was selected for scrutiny with the service of a notice u/s 143(2) of the Inco...

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Posted in Income Tax | 0 comments | 7682 hits


Whether foreign traveling expenses is exempted under section 10B

By CS Bijoy On 29 November 2012 at 12:10

The assessee has questioned first appellate order on several grounds involving two issues. Firstly as to whether the Ld. CIT(A) has erred in upholding the action of the AO in treating and apportioning the entire foreign traveling expenses of Rs. 19,4...

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Posted in Income Tax | 0 comments | 7634 hits




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