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Displaying 60 - 70 of 1437 in 144 pages

Order passed on merits without a speaking order cannot be sustained

By CS Bijoy On 07 November 2012 at 13:15

Against ex parte dismissal of appeal: a) For that on the facts and circumstances of the case and in law, the Ld. CIT(A) erred in dismissing the appellant’s appeal for alleged non-pursuing of the appeal. b) For that on the facts and circumstance...

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Posted in Income Tax | 0 comments | 823 hits


Impact of cash deposited in creditors account before payment

By CS Bijoy On 06 November 2012 at 12:45

On the facts and in the circumstances of the case, Ld. Commissioner of Income Tax (A) has erred in deleting the addition of ` 1001500/- made u/s. 68 of Income Tax Act, 1961 especially when the identity and credit worthiness of the share applicants an...

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Posted in Income Tax | 0 comments | 904 hits


IT Return, Bank Statement, PAN Card. B/S and P/l account of creditors is enough explain creditors

By CS Bijoy On 06 November 2012 at 12:45

The brief facts of the above case are that while doing the scrutiny assessment the AO has added an amount of Rs.65,96,859/- under the head ‘unexplained loan creditors’ and Rs.2,44,256/- under the head interest paid on the above loan creditors by obse...

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Posted in Income Tax | 0 comments | 904 hits


Penalty provisions u/s 271(1)(c) of the Act are not automatic provisions

By CS Bijoy On 05 November 2012 at 12:05

Briefly stated, the facts giving rise to this appeal are that the assessee filed a return declaring an income of Rs.53,46,390 for AY 2003-04 which was processed u/s 143(1) of the Act. Subsequently, the case was selected for scrutiny and accordingly a...

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Posted in Income Tax | 0 comments | 2565 hits


Treatment of investment on construction of house under section 69C of IT

By CS Bijoy On 05 November 2012 at 12:05

On the facts and in the circumstances of the case, the Ld. Commissioner of Income Tax (A) has erred in deleting the addition of ` 15,12,750/- made by the Assessing Officer on account of unexplained investment on construction/ renovation of 1st floor ...

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Posted in Income Tax | 0 comments | 809 hits


If appeal has legal backing cannot be dismissed

By CS Bijoy On 03 November 2012 at 12:06

That on the facts and in the circumstances of the case and in law, the Ld. Commissioner of Income Tax (A) erred in confirming the penalty levied by the Assessing Officer on account of disallowance of maintenance expenses amounting to `7886/- and Depr...

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Posted in Income Tax | 0 comments | 806 hits


Rate applicable on valuation of residential house

By CS Bijoy On 03 November 2012 at 12:06

That the Learned Assessing Officer has wrongly applied the valuation of Residential House as made by District Valuation Officer which is based on material rates prescribed by CPWD. With a contractors margin of 10% on supplying / fixing/ providing of ...

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Posted in Income Tax | 0 comments | 817 hits


Rejection of application of renewal of exemption under section 80 cannot be made arbitrarily

By CS Bijoy On 02 November 2012 at 11:12

The Learned Director of Income Tax - (Exemption) has passed the order of Rejection of Application of Renewal of Exemption u/s 80G (5) (vi) of the Income Tax Act, arbitrarily on erroneous facts and superfluous reasons without bringing out the relevant...

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Posted in Income Tax | 0 comments | 799 hits


One more opportunity can be allowed to assessee in presence of number of case pending against him

By CS Bijoy On 02 November 2012 at 11:12

We have considered the prayer for adjournment and have also gone through the orders and the Affidavit filed by the appellant company, we find that even the revenue authorities are aware that the assessee and its directors are involved in a number of ...

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Posted in Income Tax | 0 comments | 636 hits


Section 5 of Limitation act for condonation of delay in the presence of only sufficient cause

By CS Bijoy On 02 November 2012 at 11:12

. The action of the learned DIT(E) rejecting grant of approval u/s 80-G of the Income-tax Act, 1961 by referring to object of general public utility and not considering the applicability object of medical relief is illegal, arbitrary, unwarranted, un...

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Posted in Income Tax | 0 comments | 980 hits




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