Judgements by CS Bijoy

Repayment of loan or overdraft can be consider as proof for claiming deduction

CS Bijoy 12 June 2012 at 11:46

Facts in brief:– The assessee, a company, is engaged in the business of printing of newspapers and periodicals. It filed its return of income declaring total income at ` nil on 30th October 2007. The Assessing Officer passed an order under section 14

Posted in Income Tax | 2241 Views

The Appellant at any time withdraw the appeal before the decision is made

CS Bijoy 12 June 2012 at 11:45

Permission to withdraw the appeal made by the appellant

Posted in Income Tax | 2004 Views

Where the amount paid as cess was held as eligible for deduction in computing the composite income under Rule 8 of I.T

CS Bijoy 11 June 2012 at 13:16

That on the facts and circumstances of the case, Ld. CIT(A), Kolkata has erred in law in directing the A.O. to treat sundry receipts of Rs.56,l0,000/- as business income without appreciating the fact that the assessee at the same time claims 60:40 di

Posted in Income Tax | 1747 Views

As per sec 254 time limit for rectification of mistake in order is four year counted from the date all proceding has been completed

CS Bijoy 11 June 2012 at 13:16

The facts giving rise to the present writ petition and which are necessary for a decision in this writ petition are very few. By virtue of an order dated 31.03.2008, the Income Tax Appellate Tribunal disposed of the said ITA Nos. 3584 to 3586 (Del)/2

Posted in Income Tax | 2379 Views

The appeal should be signed by the assessee otherwise it can be treated as absence of interest for prosecution and deserved to dismiss

CS Bijoy 08 June 2012 at 13:48

No one was present on behalf of the assessee and no adjournment petition was also moved on behalf of assessee. At the time of hearing before us two defects were found in the receipt. Firstly the appeal is not signed by the Managing Director and secon

Posted in Income Tax | 1519 Views

As per the CBDT circular issued on 09.02.2011 tax effect for filling appeal before Tribunal should be more than Rs. 3 Lakh

CS Bijoy 08 June 2012 at 13:48

On the facts and in the circumstances of the case, the Ld. Commissioner of Income Tax (Appeals) has erred in :- Deleting the addition of ` 6,33,212/- made by the Assessing Officer on account of Long Term Capital Gain u/s. 50C(1) of the Income Tax

Posted in Income Tax | 2363 Views

Penalty under srec 271(1)( C ) cannot be imposed after disclosure of fact in the balance sheet

CS Bijoy 07 June 2012 at 13:20

The fact of the is the applicability of provision of sec 271 (1) (C) of the Act.after disclosure of the fact in Balance Sheet.

Posted in Income Tax | 2969 Views

Sec 36(1)(viia) applies to bad debts arising out of rural advance of a bank

CS Bijoy 07 June 2012 at 13:20

We can find the facts of the case after considering the above as well as on law, the Learned CIT(A) has erred in confirming disallowance of provision for bad and doubtful debts to the extent of Rs.63,45,02,440 claimed by the appellant under the first

Posted in Income Tax | 3356 Views

Late deposit of TDS cannot be the reason of disallowance uas per sec 40a(ia)

CS Bijoy 05 June 2012 at 13:31

Facts, in brief, as per relevant orders are that return declaring income of ``12,75,862/- on a/c of short term capital gains and nil business income filed on 30.09.2008 by the assessee, after being processed u/s 143(1) of the Income-tax Act, 1961 (he

Posted in Income Tax | 2259 Views

As per sec 11 of IT Act. if no contrary view taken by superior against the decision of coordinated branch cannot be setaside in the absence of proof

CS Bijoy 05 June 2012 at 13:09

In the facts and circumstances of the case and in law the learned CIT(A) has erred in directing the AO to grant exemption u/s. 11 of the IT Act to the assessee when the status of the assessee that was held as “AOP” for the reasons as discussed in t

Posted in Income Tax | 1453 Views