tax appeal

The Comptroller and Auditor General of India (CAG) has come down heavily on the Tax Department for fostering “a perception that it has a tendency to opt for appeals even when it is on a weak wicket” and this “appealititis is more detrimental when applied on small taxpayers constituting a large chunk of appellants.” Full Article

The Central Bureau of Investigation has registered a case against the then Commissioner Income Tax (Appeal), XIV, Mumbai U/s 13(2) r/w 13(1)(d) of PC Act. on the allegation that he had obtained pecuniary advantage to the tune of Rs. 50 lakhs (approx) during the period 2001 to 2008 in the form of huge donations for his Mumbai based charitable trust from Income Tax assesses/ parties coming under his jurisdiction and as a quid pro quo passed orders in the favour of the asse.. Full Article

As the search warrant was issued in the joint names of the assessee and her spouse, it means that the officer had reason to believe that the undisclosed assets and income were held jointly. If so, it is not open for the AO to assess the assessee individually on the basis of the assets and documents seized during the course of search in pursuance to the said warrant but the assessment ought to have been only in the capacity of AOP or BOI. Full Article

The assessee claimed deduction u/s 80-IB (10) which was rejected by the AO but allowed by the CIT (A). On appeal by the department, the Tribunal ruled against the assessee and held that it was not eligible for deduction. The assessee filed a MA u/s 254 (2) pointing out that it had cited a judgement of the Kolkota Bench of the Tribunal (which had been considered by the CIT (A)) and a judgement of the Kolkota High Court which had not been considered by the Tribunal when de.. Full Article

CASE LAW DETAILS In The case of: CIT vs. Mohd. Farooq, Decided by: (Allahabad High Court – Full Bench), Appeal No.: Income Tax Appeal No. (78) of 2002, Date of Order: 03.09.2009 S. 260A permits the filing of an appeal to the High Court within 120 days. In CIT vs. Velingkar Brothers 289 ITR 382 [...] Full Article

CASE LAW DETAILS Decided by: CESTAT, SOUTH ZONAL BENCH, BANGLAORE,  In The case of: DHL Lemuir Logistics Pvt. Ltd.  V Commissioner of Service Tax , Appeal No.:, Service Tax Appeal No. 389/2007, Decided on June 29, 2009 RELEVENT PARAGRAPH 6. We have gone through the records of the case carefully. The appellants had furnished a flow chart [...] Full Article

Where the assessee-society was storing the controlled commodities in its godowns as part of its own trading stock, it was not entitled to claim deduction for the margin of profit between issue price and sale price of the controlled commodities under section 80P(2)(e). Full Article

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 [...] Full Article