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Displaying 50 - 60 of 1454 in 146 pages

Sending of submission of assessee to AO for remand report is enough to avoid contravention of rule 46A

By CS Bijoy On 27 November 2012 at 15:51

During the year the assessee company had raised unsecured loans of ` 96,65,438/-, the source of which remains unverified in view of the facts that no details with regard to the same is available. Hence, the same are disallowed and added back to the i...

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Posted in Income Tax | 0 comments | 3953 hits


Non-mention in order does not mean that submission not considered

By CS Bijoy On 27 November 2012 at 15:50

In the present application, the assessee has contended that in the aforesaid order, a typographical mistake has crept in inasmuch as in para 10 of our said order, we have wrongly extracted the portion of para 3 of the CIT (A)’s order, taking it to be...

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Posted in Income Tax | 0 comments | 2777 hits


Applicability of section 44AE is depend upon fulfillment of condition prescribed

By CS Bijoy On 26 November 2012 at 13:25

the relevant facts as available from the concerned orders are that the assessee, during the year, was engaged in the business of plying of trucks/tankers to various oil companies and derived income from house property also. He declared income on nine...

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Posted in Income Tax | 0 comments | 3311 hits


Treatment of income from house property of director

By CS Bijoy On 26 November 2012 at 13:24

The brief facts about the case are that assessee is an individual and she filed her return of income for the Assessment Year 2007-08 declaring total income of Rs.1,66,425/-. The income consisted of salary income from Shashi International Pvt. Ltd. in...

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Posted in Income Tax | 0 comments | 2093 hits


Claim made through invalid revised return can also be considered

By CS Bijoy On 24 November 2012 at 12:45

The appellant has raised following grounds of appeal:- (1) “The learned CIT(A) has grossly erred on the facts of the case and in law upholding disallowance of actual incurred expenditure of Rs.3,20,514/- being the management fee paid to ICICI Prud...

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Posted in Income Tax | 0 comments | 1425 hits


The Court is not bound to answer in the negligence of appellant

By CS Bijoy On 24 November 2012 at 12:45

This case was listed for hearing before the Tribunal on 15-10-2012 and for this assessee was informed. Today i.e. on 15-10-2012 when the case was called on board, none appeared on behalf of the assessee nor any request for adjournment has been filed ...

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Posted in Income Tax | 0 comments | 1097 hits


It is enough to proved the source of investment

By CS Bijoy On 23 November 2012 at 12:55

The facts as per the relevant orders are that a search was conducted on the assessee on 15.01.2009, together with searches in the Gopal Zarda group of cases. The assessee individual is a partner in certain firms and has, during the year, derived inco...

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Posted in Income Tax | 0 comments | 628 hits


Amendment in section 194H by insertion of provision 3 is not applicable retrospectively

By CS Bijoy On 23 November 2012 at 12:55

The present case is identical and similar to the issue decided by COD’s and the amendment made through the Finance Act, 2007 wherein it has been provided that tax shall not be deducted on payments of commission or brokerage payable by Bharat Sanchar ...

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Posted in Income Tax | 0 comments | 753 hits


Depreciation of asset of the institution under section 12A to be deducted to arrive at income available for charitable purposes

By CS Bijoy On 22 November 2012 at 13:20

On the facts and in the circumstances of the case, the Ld. CIT(A) erred in allowing depreciation on certain fixed assets, particularly when full cost of such assets stood allowed in earlier years as application of income and further allowance by way ...

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Posted in Income Tax | 0 comments | 870 hits


Liability appearing in BS not attract section 41(1) and expenses on business promotion without supporting is disallowed subject to limit

By CS Bijoy On 22 November 2012 at 13:20

The Learned CIT(A) has erred in law, on facts and circumstances of the case in assuming jurisdiction for giving direction for disallowing expenditure in the year which was not before him such directions are beyond the scope of statutory powers of CIT...

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Posted in Income Tax | 0 comments | 871 hits




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