civil jurisdiction

State Govt. PSUs do not need COD approval

The assessee is a State Govt. undertaking. Its appeal was dismissed by the Tribunal on the ground that the approval of the Committee on Disputes (“COD”) had not been obtained. In a writ petition filed by the assessee, the Additional Solicitor General appearing for the revenue stated that it was not the contention of the revenue that COD approval was required for appeals before the Tribunal in Income-tax matters.
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Tribunal has inherent power to dismiss an appeal for non-appearance of appellant

The Tribunal dismissed the excise appeal of the assessee for non-appearance. The application filed by the assessee for restoration of the appeal was also dismissed. The dismissal was challenged before the High Court on the ground that under s. 35C of the Excise Act (corresponding to s. 254 of the Income-tax Act) the Tribunal had no power to dismiss an appeal for non-appearance of the Appellant. It had to decide on merits. HELD:
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ITAT cannot remand to apply section 14A if AO in his Assessment order not made disallowance u/s 14A

CASE LAW DETAILS Decided by: Mumbai High Court, In The case of: Topstar Mercantile Pvt. Ltd. (Formerly, Urvi Chemicals & Allied Industries Ltd) (Appellant)  V/s. The Asstt. Commissioner of Income Tax (Respondent), Appeal No.:, 1460 of 2009, Decided on:  26.08.2009 SUMMARY OF CASE LAW In assessment proceedings, the AO raised a query about disallowance of expenditure [...]
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Filing Fee for appeal to ITAT in ‘assessed loss’ cases is only Rs. 500

Gilbs Computer vs. ITAT (Bombay High Court) The assessee, having been assessed to a loss of Rs. 9 crores, filed an appeal before the Tribunal. S. 253 (6) provides that if the assessed ‘total income’ is “less” than Rs. 1 lakh, a fee of Rs. 500 for filing the appeal is payable while if the [...]
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