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Income Tax Judgements



After considering the rival submissions and perusing the relevant material on record, it is observed that similar disallowance was made by the AO in the immediately preceding assessment year i.e. 2005-06. The Tribunal, vide its order dated 31-01-2012

Posted in Income Tax |   1162 Views


TDS not to be deducted on transaction of sale

  Ayush    11 April 2012 at 11:56

At the very outset, the ld. counsel for the assessee contended that the AO passed order u/s.195(2) treating the assessee as in default by considering the price of the product as fees for technical services. He took us through the impugned order in wh

Posted in Income Tax  1 comments |   2514 Views



The CIT thereafter issued notice dated 24.2.2009 under Section 263 of the Income Tax Act, 1961 (“Act” for short) recording the following reasons: “From the computation of income filed with the return, it appears that this profit on sale of proper

Posted in Income Tax |   3687 Views



The grounds raised read as under: “(i) That having regard to the facts and circumstances of the case, Ld. Commissioner of Income Tax (Appeals) has erred in law and on facts in passing the order u/s. 154 even though there was no error apparent from

Posted in Income Tax |   1283 Views



Facts of the case is that the assessee filed return of income for the relevant Assessment Year 2005-06 on 28.10.2005 disclosing ‘Nil’ total income after claiming deduction u/s. 10B of the Act of Rs.6,30,71,257/-. Assessment u/s. 143(3) of the Act was

Posted in Income Tax |   3108 Views



We have heard the learned DR and the learned counsel for the assessee. The learned counsel for the assessee filed written submissions with a copy orders pages 1-20. The interesting point is that the revenue filed misc. petition in connection with IT(

Posted in Income Tax |   1670 Views



We have heard both the parties and gone through the facts of the case as also the aforesaid decision relied upon by the ld. DR. A mere glance at the impugned order reveals that the order passed by the ld. CIT (A) is cryptic and grossly violative of o

Posted in Income Tax |   1772 Views



Whether the Income Tax Appellate Tribunal has erred in holding that duty entitlement pass book credit was cash assistance within the meaning of clause (iiib) to Section 28 of the Income Tax Act, 1961 and the entire amount including the premium receiv

Posted in Income Tax |   2147 Views



On the facts and in the circumstances of the case and in law the CIT(A) erred in sustaining the addition of Rs. 83,00,000/- made by the Assessing Officer on protective basis in respect of income from alleged undisclosed sources on the basis of the c

Posted in Income Tax |   1554 Views



TDS deducted but not deposited within the time limit prescribed u/s. 201 of the Act. The same was deposited on 15.02.2006. The Ld. Counsel for the assessee could not contribute anything which supports his case. But after going through the records, we

Posted in Income Tax |   2478 Views