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Sum paid to avoid execution of decree against assessee by way of attachment of property is allowable as business exp.
Posted Date : 28-Apr-2015 , 05:52:46 pm | Posted By: Aarti Sharma

N. Kumar, J. - Sri Balram R. Rao, learned advocate undertakes to file power for the respondent. 2. The revenue has preferred this appeal against the order passed by the Tribunal which has dismissed the appeal preferred by it upholding the order of the Appellate Commissioner who has ...

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Category : Income Tax | Comments : 0 | Hits : 0

Tax paid on violation of certain condition was to be refunded if that condition was withdrawn with retro-effect
Posted Date : 28-Apr-2015 , 05:50:21 pm | Posted By: Aarti Sharma

1. These two Sales Tax Revision Petitions are directed against the order dated 18/8/2009 passed by the Rajasthan Tax Board (in short, 'the Tax Board') in Appeal Nos. 2017/2008 and 2020/2008 for the assessment years 1989-90 and 1991-92 respectively by which the Tax Board dismissed the...

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Category : VAT | Comments : 0 | Hits : 0

AO can’t accept genuineness of loan merely on basis of bank statements and letter of confirmation from creditors
Posted Date : 27-Apr-2015 , 05:54:18 pm | Posted By: Aarti Sharma

Girish Chandra Gupta, J. - The subject matter of challenge in this appeal is a judgment and order dated 24th June, 2011 by which the Income Tax Appellate Tribunal has set aside an order passed by the Commissioner in exercise of power under section 263 of the Income Tax Act, 1961 (hereinafter...

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Category : Income Tax | Comments : 0 | Hits : 213

Normal tax rate would be applicable when assessee had opted for compounded facility after closure of year
Posted Date : 27-Apr-2015 , 05:52:04 pm | Posted By: Aarti Sharma

1. The petitioner, who is a registered dealer of cooked food, impugns Ext.P5 notice issued to him under the Kerala Revenue Recovery Act, demanding an amount of Rs.14,43,890/- towards tax liability under the KVAT Act for the assessment year 2012-13. The facts in the writ petition would disclo...

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Category : VAT | Comments : 0 | Hits : 44

Workers include managers and supervisors to ascertain eligibility of manufacturer for sec. 80-IB relief
Posted Date : 27-Apr-2015 , 05:44:51 pm | Posted By: Aarti Sharma

B.S. Walia, J. - Vide this judgment we propose to dispose of ITA Nos. 770 to 774, 776 and 837 of 2010 filed by the revenue under Section 260A of the Income Tax Act, 1961 (hereinafter to be referred as the Act'), as all these appeals have been filed against order dated 29.05.2009 passed b...

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Category : Income Tax | Comments : 0 | Hits : 57

HC upheld sec. 69B additions on basis of DVO's report showing under statement of value of property by assessee
Posted Date : 27-Apr-2015 , 05:40:11 pm | Posted By: Aarti Sharma

Vibhu Bakhru, J. - The present appeals have been filed on behalf of the Revenue under section 260A of the Income-tax Act, 1961 (hereinafter referred to as "the Act"). In I. T. A. No. 1095 of 2011, the Revenue has impugned a common order dated March 11, 2011, passed by the Income-ta...

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Category : Income Tax | Comments : 0 | Hits : 64

Assessee is entitled to interest on refund granted through appellate order
Posted Date : 27-Apr-2015 , 08:16:41 am | Posted By: CASANSAAR

Jayant Patel, J. - The present appeal has been preferred by the Revenue mainly on the following substantial question of law:— "Whether the Tribunal has erred in holding that dealer is entitled to interest under Section 54(1)(aa) on refund arising from appellate order?" 2. The facts...

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Category : VAT | Comments : 0 | Hits : 45

Income derived from sale of shares by assessee carrying on his profession of doctor was taxable as capital gains
Posted Date : 27-Apr-2015 , 08:10:38 am | Posted By: CASANSAAR

N. Kumar, J. - The assessee has preferred this appeal against the order passed by the Tribunal holding that the income of Rs. 1,10,902/- derived by the assessee from sale of shares as the income under the head of Business or Profession and also holding that the amendment brought to Income Ta...

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Category : Income Tax | Comments : 0 | Hits : 122

HC dismissed writ against Sec. 40(a)(ia) disallowance as assessee had remedy of filing an appeal before HC
Posted Date : 25-Apr-2015 , 08:19:52 am | Posted By: CASANSAAR

1. The petitioners have approached this court seeking for a direction to be issued to the second respondent to consider and pass appropriate orders on exhibit P3 petition filed under section 254(2) of the Income-tax Act, 1961, mainly pointing out that the contention raised by the petitioner-...

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Category : Income Tax | Comments : 0 | Hits : 94

Mere visit of officers of foreign service provider in India doesn't impose ST liability on service provider
Posted Date : 25-Apr-2015 , 08:18:34 am | Posted By: CASANSAAR

Vineet Saran, J. - We have heard Mr C Shashikantha, learned counsel for the appellant - Department. Though service on the respondent has been held to be sufficient, but no one has appeared on behalf of the respondent. 2. The brief facts of the case are: The respondent company is a compan...

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Category : Service Tax | Comments : 0 | Hits : 63

Rajasthan High Court upheld imposition of penalty due to incomplete declaration form
Posted Date : 23-Apr-2015 , 05:51:20 pm | Posted By: Aarti Sharma

1. This revision petition is directed against the order dated 11.12.2003 passed by the Rajasthan Tax Board, Ajmer (in short "the Tax Board') in Appeal No.1245/2001/ Alwar whereby the Tax Board dismissed the appeal filed by the petitioner department and upheld the order passed by the...

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Category : VAT | Comments : 0 | Hits : 53

Summoning of petitioner for FEMA offence in a mechanical manner is bad in law : HC
Posted Date : 23-Apr-2015 , 05:46:28 pm | Posted By: Aarti Sharma

1. The present petition has been filed by the petitioner under Section 482 Cr.P.C. for quashing of complaint i.e. CC No. 880/1 titled as Enforcement Directorate v. Sanjay Malviya and the summoning order dated 27th May, 2002 passed by the Additional Chief Metropolitan Magi...

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Category : FEMA | Comments : 0 | Hits : 63

AO can’t examine reasonableness of exp. while allowing deduction under sec. 37(1)
Posted Date : 23-Apr-2015 , 05:43:32 pm | Posted By: Aarti Sharma

Sanjiv Khanna, J. – We have heard learned counsel for the Revenue at some length, but do not find any ground or reason to interfere with the impugned order dated 3rd January, 2014 in view of the facts of the present case. 2. The respondent herein is an individual and the ...

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Category : Income Tax | Comments : 0 | Hits : 110

EOU outsourcing its manufacturing activity after carrying out engineering drawing was entitled to sec. 10B relief
Posted Date : 22-Apr-2015 , 05:59:43 pm | Posted By: Aarti Sharma

Sanjiv Khanna, J. - These two appeals by the Revenue relating to assessment years 2007-08 and 2008-09 require adjudication on the following substantial question of law: "Whether the respondent assessee is entitled to benefit under Section 10B of the Income Tax Act, 1961 as he was en...

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Category : Income Tax | Comments : 0 | Hits : 55

No attempt to evade tax in absence of proper docs when goods in transit were meant for return and not for sale
Posted Date : 22-Apr-2015 , 05:37:25 pm | Posted By: Aarti Sharma

B.S. Walia, J. - Vide order dated 24.9.2010, VAT Tribunal, Punjab, Chandigarh, has referred the following question of law to this Court for its opinion :— "Whether in the facts and circumstances of the case where the contention of the appellant/assessee that the goods had...

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Category : VAT | Comments : 0 | Hits : 65

Fee paid to electricity board for using distribution network isn't FTS as it doesn't involve human intervention
Posted Date : 22-Apr-2015 , 05:33:14 pm | Posted By: Aarti Sharma

Ms. Sonia Gokani, J. - Following are the substantial questions of law raised by the appellant - revenue in the present tax appeal arising from the decision of the Income Tax Appellate Tribunal (to be referred to as "the Tribunal") dated 28.02.2014 preferred under section 260-A of t...

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Category : Income Tax | Comments : 0 | Hits : 68

No pre-deposit of interest if pre-deposit of principal demand of service tax is waived off
Posted Date : 21-Apr-2015 , 06:14:26 pm | Posted By: Aarti Sharma

Ajay Kumar Mittal, J. - This appeal has been preferred by the assessee under Section 35G of the Central Excise Act, 1944 (in short "the Act") for modification of the order dated 24-1-2014 (Annexure A-8) passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi (he...

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Category : Service Tax | Comments : 0 | Hits : 57

If assessee forgoes excise exemption on deemed exports, he may claim its refund in terms of Foreign Trade Policy
Posted Date : 21-Apr-2015 , 06:04:39 pm | Posted By: Aarti Sharma

CM No.4201/2015 and 4202/2015 (Exemption) 1. Allowed subject to just exceptions. W.P.(C) 2344/2015 and CM No.4200/2015 (stay) 2. Issue notice to the respondents. 3. Mr. Narula accepts notice on behalf of the respondents. Mr. Narula says that he will argue the matter...

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Category : Excise | Comments : 0 | Hits : 56

VAT paid on goods consumed in manufacturing of taxable goods is eligible for set off even if by-product isn’t taxable
Posted Date : 21-Apr-2015 , 05:40:47 pm | Posted By: Aarti Sharma

1. Heard. 2. The petitioner has filed this petition against the order dated March 31, 2012 (annexure P/1). 3. The petitioner is a private limited company. It is in the business of manufacture of edible oil. For the aforesaid purpose, it uses soya seeds and thereafter manufa...

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Category : VAT | Comments : 0 | Hits : 97

Builder entitled to deduction of interest if bank loan was transferred to housing society as per development agreement
Posted Date : 20-Apr-2015 , 05:26:09 pm | Posted By: Aarti Sharma

K.J. Thaker, J. - By way of this appeal, the appellant-Revenue has challenged the order dated 1.5.2000 passed by the Income Tax Appellate Tribunal, Ahmedabad Bench 'SMS' in ITA No. 6071/Ahd/1994 for Assessment Year 1991-92. 2. While admitting the appeal on 15.1.2001, this Co...

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Category : Income Tax | Comments : 0 | Hits : 70

No tax recovery from director of public Co. without issuing notice of lifting corporate veil to director
Posted Date : 20-Apr-2015 , 05:23:55 pm | Posted By: Aarti Sharma

Jayant Patel, J. - The facts of the case appears to be that on 25.1.2015, a company in the name and style of Hirak Biotech Limited (hereinafter referred to as "the company") was incorporated. Initially, there were three Directors. Thereafter, the Directors were added. The petitione...

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Category : Income Tax | Comments : 0 | Hits : 78

HC didn't interfere with depreciation allowed on asset which was purchased and leased back without overvaluation
Posted Date : 18-Apr-2015 , 04:59:31 pm | Posted By: Aarti Sharma

1. This appeal by the revenue pertains to the Assessment Year 1994-95 and was admitted for hearing vide order dated 17.10.2001 on the following substantial questions of law: '(1)   Whether the Tribunal was right in its view that Section 263 of ...

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Category : Income Tax | Comments : 0 | Hits : 115

Glazing and wall cladding works on commercial building is liable to service tax
Posted Date : 17-Apr-2015 , 05:51:49 pm | Posted By: Vijay

R. Sudhakar, J. - This appeal is filed by the assessee challenging the Order dated 07.01.2015 made in Mis. Order No.40085 of 2015 in ST/Stay/42132/2013 in Appeal No.ST/42274/2013-DB passed by the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench at Chennai raising the fol...

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Category : Service Tax | Comments : 0 | Hits : 146

HC directed assessee to re-file appeal before Tribunal as same was returned without passing any order
Posted Date : 17-Apr-2015 , 05:47:45 pm | Posted By: Vijay

Deepak Gupta, CJ. - Both the revision petitions are being disposed of by a common order. 2. On 03.02.2015, we had passed this following order:— "The grievance of the petitioner is that it had filed 2(two) separate appeals before the Tripura Value Added Tax Tribunal, A...

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Category : VAT | Comments : 0 | Hits : 75

AO of searched person has to record satisfaction that undisclosed income belongs to other person u/s 158BD
Posted Date : 17-Apr-2015 , 05:46:03 pm | Posted By: Vijay

Sanjiv Khanna, J. - This appeal by the revenue under Section 260-A of the Income Tax Act, 1961 ('Act', in short) impugns the order dated 15.04.2002 passed by the Income Tax Appellate Tribunal (Tribunal, in short) annulling and setting aside block assessment proceedings under Section ...

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Category : Income Tax | Comments : 0 | Hits : 116

HC allows sec. 54F relief even if sale proceeds not deposited in CG scheme as assessee intended to invest
Posted Date : 17-Apr-2015 , 05:44:24 pm | Posted By: Vijay

1. As these four appeals are in respect of the same assessee and arise out of a non-residential asset, they are taken up for consideration together and disposed of by this common order. 2. The assessee sold certain converted lands in Laxmipura Village and Kalkere village, Jigani Hob...

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Category : Income Tax | Comments : 0 | Hits : 274

Sec. 11AA interest on delayed payment of duty is prospective in nature; not applicable prior to April 8, 2011
Posted Date : 16-Apr-2015 , 06:19:07 pm | Posted By: Vijay

N. Kumar, J. - The Revenue has preferred this appeal challenging the order passed by the Tribunal holding that in the absence of provision of law to raise interest, the provisions pertaining to failure to pay fortnightly payment in terms of Rule 170G (1)(d) cannot be invoked in the case of t...

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Category : Excise | Comments : 0 | Hits : 81

Service provider and service receiver must act in harmony to claim wrongly paid service tax
Posted Date : 16-Apr-2015 , 06:17:06 pm | Posted By: Vijay

1. Learned Additional Government Advocate is directed to take notice for the 1st respondent. Sri. N.R. Bhaskar, learned Central Government Standing counsel is directed to take notice for the 2nd respondent. 2. A short question arises for consideration in this writ petition. Dispute ...

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Category : Service Tax | Comments : 0 | Hits : 106

HC denied to condone delay in filing appeal by a Co. as director didn't give true facts about service of ITAT's order
Posted Date : 16-Apr-2015 , 06:15:08 pm | Posted By: Vijay

1. Heard on I.A.No.3860/2012, an application for condonation of delay. 1.1. Appeal under Section 260A of the Income Tax Act, 1961, filed by the appellant against the order of ITAT dated 30.4.2011 is barred by 287 days. 2. An application for condonation of delay has been fil...

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Category : Income Tax | Comments : 0 | Hits : 69

Sec. 69A invoked against company on basis of statement of director recorded during survey
Posted Date : 16-Apr-2015 , 06:10:47 pm | Posted By: Vijay

S. Ravindra Bhat, J. - Since 23.01.2015 was declared holiday, this matter is being taken up today, i.e., 27.01.2015. 2. The assessee in this appeal under Section 260A urges that the impugned order of the Income Tax Appellate Tribunal (hereafter referred to as ITAT) requires interfer...

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Category : Income Tax | Comments : 0 | Hits : 129

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