Follow Us:

High Court Interference would be justified only if it appears that the conclusions made by ITAT palpably perverse

May 17, 2009 1240 Views 0 comment Print

4. At the outset, we need to underscore that so far as findings of fact are concerned interference of the High Court would be justified only if it appears to it that the conclusions arrived at by the ITAT are palpably perverse. 5. The entitlement of sundry parties to the receipt of commission essentially entails a determination

Concessional ticket to travel Agents cannot be termed as commission

May 17, 2009 1921 Views 0 comment Print

12. In order to come to a definite conclusion whether section 194H of the Act would be applicable to the assessee-airline in respect of transaction, in issue, we propose to first look at the scope and ambit of section 194H of the Act and then analyse the transaction as to whether it falls within the purview of the said Section. In this context, it would be necessary to extract the relevant portions of Section 194H of the Act.

Estimated expenditure towards warranty is allowable

May 17, 2009 649 Views 0 comment Print

The assessee sold valve actuators. At the time of sale, the assessee provided standard warranty that if the product was defective within the stated period, the product would be rectified or replaced free of charge. For AY 1991-92, the assessee made a provision for warranty at Rs.10,18,800 at the rate of 1.5% of the turnover. As the actual expenditure was only Rs. 5,18,554,

Validity of order passed under section 281B of IT Act, 1961: HC

May 16, 2009 2020 Views 0 comment Print

19. It is true that attaching the properties of an assessee even before the crystlisation of the demand is a drastic step and has to be exercised only in extreme circumstances. Whether extreme circumstances existed in the present case so as to levy provisional attachment under section 281B of the Act is the question. 20. In the present case, the incriminating documents seized during the course of search and seizure

Proceedings u/s. 147 / 148 do not set aside original proceedings

May 16, 2009 948 Views 0 comment Print

8.3 It cannot be disputed and it is not the case of either side that the reasons extracted hereinabove did not precede the issuance of notice under Section 148(1) of the Act. The requirement for recordal of reasons by the Assessing Officer before issuing a notice is provided for under sub-section (2) of Section 148 of the Act. 8.4 A perusal of the reasons would thus show that the Assessing Officer was

Interest income from banks on fixed deposits not necessarily Income from Other Sources

May 16, 2009 10026 Views 0 comment Print

6.1 The main question before us for decision is whether the interest income could be treated as “business income” or “income from other sources”. The answer to this question has to depend on how the interest income derived by the assessee. No doubt, normally, on the placing of funds in banks on short-term or long-term deposits the interest income derived from those sources would be “income from other sources”

Department can’t to decide when assessee to borrow and when it should not borrow

May 16, 2009 640 Views 0 comment Print

6. We have heard the rival submissions and perused the orders of the lower authorities and the material available on record. In the instant case it is observed that interest expenditure claimed by the assessee at an amount of Rs. 27.90 lacs was disallowed by the Assessing Officer which was restricted by the Commissioner (Appeals) to Rs. 27.75 lacs being net amount of interest paid by the assessee

Limitation period for passing order u/s 201 of IT Act in absence of any express provision in Act

May 16, 2009 4187 Views 0 comment Print

14.2 After considering the rival submissions in the light of the material placed before us and the precedents relied upon it is obvious that sub-sections (1) and (1A) of section 201 do not prescribe any time limit for the initiation of the proceedings or the passing of the order. We find that for the most of the actions under the Act, the particular time limit has been given for the commencement and completion of the proceedings

United States District Court found Former Ernst & Young Partner Guilty of Insider Trading

May 16, 2009 1183 Views 0 comment Print

A former partner at the accounting firm Ernst & Young was found guilty on Friday of securities fraud for an insider trading scheme but not guilty of conspiracy charges. A jury in United States District Court in Manhattan found that the ex-partner, James E. Gansman, who worked at the firm until October 2007, was guilty […]

Excise Forms in Excel and Word format

May 15, 2009 461325 Views 208 comments Print

I have uploaded all the forms on Excise Duty applicable as on date in Excel and Word Format. The formats of form are taken from www. cbec.gov. in. Taxguru is the only site where all the forms are available in Word/Excel Format as all other websites provide in PDF format.

Search Post by Date
July 2026
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031