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As assessees had insufficient cause, thus delay in filling case was not condoned
Dec. 11, 2015
In search, documents, a/c books & papers seized from office of assessees. AO issued notice u/s 153A for block assessm't proceedings. AO passed assessm't order by making addit'ns. CIT(A) & ITAT upheld AO's order. On appeal HC found, assessees have not shown sufficient cause for condoning delay. Parameters laid down by SC in in Esha Bhattacharjee v. Managing Committee of Raghunathpur, Nafar Academy 2013 (5) CTC 547 delay held not to be cond...
AO order of withdrawl of benefit of investment allowance held incorrect by HC.
Nov. 02, 2015
Assessee was granted benefit of investment allowance u/s 32A. Under a scheme industrial units held by assessee were transferred to other companies. AO passed order u/s 32A(5) withdrawing benefit of investment allowance. On appeal CIT(A) allowed it. However, ITAT disallowed holding that scheme of arrangement did not result in 'transfer' u/s 32A(5). On appeal HC upheld ITAT decision holding that there was transfer within meaning of Section 32A(5). ...
Reduction claimed on computing book profits u/s 115JB, at 100 % allowed, SC.
Nov. 06, 2015
Asessee was MAT Co., while computing its book profits u/s 115JB, assessee claimed reduction under clause (iv) of Explanation to Sec. 115JB at 100 % of export profits. AO, allowed only 80% of export profits in terms of Sec. 80HHC(1B). On appeal CIT & Tribunal allowed 100%. On appeal HC held in favor of revenue. On appeal SC held, difference between eligibility & deductibility of profits can not be ascertained purely on basis of...
Assessee-Bank held liable to pay interest u/s 201(1A) as failed to deduct TDS.
Dec. 09, 2015
Assessee-bank failed to deduct TDS on deposits made by (HPSEB). AO held assessee to be in default & determined liability u/s 201(1) & 201(1A). On appeal, CIT(A) upheld it. On appeal ITAT held, assessee-bank was required to deduct tax. Since assessee has later on deducted tax at 1% which was also approved by Income-tax authorities, there can't be any default for deduct'n of tax on part of bank & assessee liable to pay interest u/s 201(...
HC jurisdiction u/s 66 is merely advisory in appeal held SC.
Nov. 14, 2015
ITO held two entries in account books of assessee fictitious,& in computing their income disallowed assessees claim in respect of amounts. AAC held that transactions in cotton were not genuine & directed amount be excluded in computing assessees total income. On appeal Tribunal reversed AAC order. HC upheld it. On appeal SC held, jurisdiction of HC u/s 66 is merely advisory. HC does not sit in appeal over judgment of income-tax authorities.-0...
Deduct'n calim u/s 80-IB(10) on housing project allowed to assessee, HC
Dec. 08, 2015
Assessee-HUF claimed deduct'n u/s 80-IB(10) on housing project. AO disallowed it. On appeal, CIT(A) allowed it holding that assessee need not own property to claim deduct'n u/s 80-IB(10) & car park area would not be held as private area. On appeal, Tribunal upheld it. On appeal HC upheld it too as in proviso. no justification in including car park in definit'n of built-up area of residential unit for purpose of determining maximum built...
Int. income earned on fixed deposits as income from other sources fell u/s 80HHC
Nov. 04, 2015
Assessee imported & sold timber. Assessee had interest income earned on money lent to other parties. AO treated it as 'income from other sources. Assessee alleged it as 'business income. On appeals CIT & Tribunal rejected it. On appeal HC upheld it stating, interest income earned on fixed deposits, treated as income from other sources, hence, it is to be considered in calculation to be done in accordance with clause (baa) of Sec. 80HHC. -010593
Set-off claim of assessee disallowed by AO, allowed u/s 73 of I.T. Act by HC .
Dec. 11, 2015
Assessee was share broker & member of NSE & BSE Ltd. In return showed loss. Its set off claim was disallowed by AO as it was a pvt. Co. & not banking Co. CIT(A) upheld it. Tribunal held loss suffered as business loss. On appeal HC held, prohibit'n u/s 73 is attracted only to set off loss in speculative business against profit from other business, because loss from speculation business should be set off only from a profit of speculatio...
Sec.19 RTI Act more beneficial than Sec.18 to appeal if info denied to person,SC
Nov. 06, 2015
Application filed u/s 6 for obtaining information from SIO relating to magisterial enquiries. On non response complaint u/s 19(8) filed before CIO. Its decision was challenged in writ. HC held u/s 18, Commisioner has no power to direct SIO to furnish information. On appeal SC held, out of two procedure, between Sec.18 & 19, one u/s 19 is more beneficial to person who has been denied access to info. Appellants directed to file appeals u/s 19.-010600
Non obstante clause in Sec. 80-IA(5) overrides all proviso. held HC.
Dec. 08, 2015
Tribunal held, u/s 80-IA(5), while computing profits from eligible business for allowing deduct'n u/s 80-IB, deduct'n of losses set off against profits from other business was to be taken into considerat'n. On appeal HC held, non obstante clause in Sec. 80-IA(5) overrides all proviso. In absence of non obstante clause & because of non-obstante clause, set off amount against other income of assessee has to be ignored. Tribunal's order was upheld.-...

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