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Displaying 50 - 60 of 1437 in 144 pages

Penalty cannot be imposed under section 271 on debatable issue

By CS Bijoy On 15 November 2012 at 12:21

The relevant facts of the case giving rise to these appeals are as follows. The assessee is a private limited company which filed its return of income for A.Y. 1981-82, 82-83 and 83-84 on 30.6.1981, 30.6.1982 and 10.8.1983 respectively. On the basis ...

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Posted in Income Tax | 0 comments | 523 hits


Penalty cannot be imposed under section 271 on debatable issue

By CS Bijoy On 12 November 2012 at 12:44

The relevant facts of the case giving rise to these appeals are as follows. The assessee is a private limited company which filed its return of income for A.Y. 1981-82, 82-83 and 83-84 on 30.6.1981, 30.6.1982 and 10.8.1983 respectively. On the basis ...

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Posted in Income Tax | 0 comments | 693 hits


Section 32 applied only on capital expenditure not on revenue for any reason

By CS Bijoy On 12 November 2012 at 12:43

That the Ld. Commissioner of Income Tax (A) erred on facts and in law in confirming the disallowance of ` 30,07,454/- made by the Assessing Officer in respect of expenditure on repairs and maintenance of building incurred by the appellant, holding th...

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Posted in Income Tax | 0 comments | 780 hits


Stock converted to investment to evade tax cannot be considered as valid conversion

By CS Bijoy On 10 November 2012 at 12:15

The brief facts of the case are that the assessee is a private limited company and it has filed return of income on 31.10.2005. The case of the assessee was selected for scrutiny. During assessment proceedings, the Assessing Officer found that assess...

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Posted in Income Tax | 0 comments | 812 hits


Appeal disposed on merit without speaking order cannot be sustained

By CS Bijoy On 10 November 2012 at 12:15

We find that CIT(A) has passed a non-speaking order by following the decision of ITAT in the case of Multiplan India (Pvt.) Ltd. (supra). We are of the view that where appeal has been disposed of even though on merits without a speaking order, the or...

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Posted in Income Tax | 0 comments | 679 hits


Assessee is allowed to withdraw before any decision made

By CS Bijoy On 09 November 2012 at 13:39

At the time of hearing, ld A.R. submitted that assessee be allowed to withdraw his appeal. Learned D.R submitted that he has no objection to accept the prayer of ld A.R. In view of submissions of ld representatives of parties, we accept assessee’s pr...

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Posted in Income Tax | 0 comments | 671 hits


Without supporting indexation benefit cannot be denied by AO

By CS Bijoy On 09 November 2012 at 13:38

On the facts and in the circumstances of the case and in law, the ld CIT(A) erred in deleting the addition made on account of rejection of indexed cost without appreciating the facts that the assessee has not produced any evidence for acquisition cos...

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Posted in Income Tax | 0 comments | 614 hits


Payment received through banking channels is enough to find out the source and reason

By CS Bijoy On 08 November 2012 at 12:37

In this case return of income declaring total income of ` 108107/- was filed on 31.10.1993 after claiming deduction of ` 3,08,43,785/- u/s. 80HHC of the Act. Original assessment in this case was completed u/s. 143(3) on 29.3.1996. At the time of orig...

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Posted in Income Tax | 0 comments | 788 hits


Adjustment in the arm’s length price on international transaction to avail intra-group services of associated enterprises

By CS Bijoy On 08 November 2012 at 12:37

the Assessing Officer (‘A.O.’)/Dispute Resolution Panel (‘DRP’) has erred in making an addition of Rs.34,780,481/- to the total income of the Appellant on account of adjustment in the arm’s length price of the international transaction pertaining to ...

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Posted in Income Tax | 0 comments | 742 hits


Lack of effort from AO to verify creditors is not the part of fault of Assessee

By CS Bijoy On 07 November 2012 at 13:15

The AO called the assessee to explain why the above claim of unsecured loan from the above three persons shall be treated as unexplained cash credit u/s 68 of the Act. In response to show cause notice, the assessee submitted details of cheque nos. by...

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Posted in Income Tax | 0 comments | 873 hits




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