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Judiciary

Trade advance given to give effect to a commercial transaction can not be treated as deemed dividend

September 2, 2009 4930 Views 0 comment Print

1. This is an appeal preferred by the Revenue under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the „Act‟) against the judgment dated 09.03.2007 passed by the Income Tax Appellate Tribunal (hereinafter referred to as the „Tribunal‟) in ITA No. 4125/Del/1999 in respect of assessment year 1996-97. The Revenue is aggrieved by virtue of the fact that by the impugned judgment

Replacement expenditure is neither current repairs nor revenue

September 2, 2009 2146 Views 0 comment Print

The assessee incurred expenditure on replacement of machinery in a textile mill and claimed the same as revenue expenditure on the ground that it was merely for replacement of spare parts in the spinning mill system and did not give rise to a new asset. In the books, the expenditure was capitalized. The CIT (A), ITAT and High Court decided in favour of the assessee

Section 55A of the Income-tax Act, 1961 related Capital gains and Reference to Valuation Officer

September 2, 2009 7930 Views 2 comments Print

In the instant case, the assessee had claimed the value of property as per the registered valuer’s report. Therefore, under clause (a) of section 55A, the Assessing Officer was required to form an opinion that the value claimed by the assessee as per the registered valuer’s report was less than the fair market value. The estimated value proposed by the DVO

Asset declarations by Supreme Court judges is within purview of RTI

September 2, 2009 555 Views 0 comment Print

Upholding the Central Information Commission (CIC) order that office of the Chief Justice of India (CJI) is well within the ambit of the Right to Information (RTI) Act, the Delhi High Court Wednesday ruled that judges should declare their assets. In a historical judgement, Justice S. Ravindra Bhat said judges are accountable but they are also subject to some constraints.

Credit cannot be denied on ground that, documents were not in the name of assessee’s factory

September 1, 2009 850 Views 0 comment Print

The documents were not in the name of the assessee’s factory situated at Silvassa but the same were issued in the name of the head office of the assessee situated at Mumbai. However, I find that there is otherwise no dispute about the input services received by the assessee. The substantive benefit cannot be denied on the procedural grounds.

ITAT cannot remand to apply section 14A if AO in his Assessment order not made disallowance u/s 14A

September 1, 2009 387 Views 0 comment Print

In assessment proceedings, the AO raised a query about disallowance of expenditure attributable to exempted dividend income u/s 14A. After considering the assessee’s reply, no disallowance was made u/s 14A, though interest expenditure was disallowed on the ground that it was not for business purposes. This was confirmed by the CIT (A). On appeal by the assessee

Levy of penalty for declaration of in-genuine gift in revised return u/s. 139(5) of IT Act

August 31, 2009 348 Views 0 comment Print

The undisputed fact is that return filed by the assessee on 31.7.2001 did not contain any information with respect to the amount of gifts received by the assessee in the name of his children. That return was processed under section 143(1) on 1.2.2002 and notice under section 143(2) was also issued on 14.2.2002 and compliance was required to be made on 1.4.2002 which was not made.

Section 260A authorizes the High Court to hear an appeal only when substantial question of law is involved

August 31, 2009 732 Views 0 comment Print

It is settled position of law that appeal is creature of Statute and appeal can be filed only when permitted by Statute and can be filed on the grounds mentioned In the Statute. In terms of section 260-A the High Court gets power to hear and decide an appeal only when a substantial question of law is involved. The section 260-A of the Act of 1961 thus, authorizes the High Court to hear an appeal only when substantial question of law is involved.

AAR on tax rate applicable to a foreign company on LTCG accruing to it on sale of shares in Indian company

August 31, 2009 862 Views 0 comment Print

The applicant is a non-resident Company incorporated in United Kingdom. It is engaged in the business of information technology services. The applicant acquired the shares in Zensar Technologies Limited (for short `Zensar’), an Indian company by making payments in foreign currency between 1963 and 1994, after obtaining RBI’s approval.

Depreciation on transfer of Investment from available for sale (AFS) to held to maturity (HTM) category by banks

August 31, 2009 2797 Views 0 comment Print

Assessee is treating the securities held under the, category ‘held for maturity’ as stock-in-trade. If there is appreciation in the market value as compared to the market value at the opening of the year and such appreciation is also accounted for. It is not claiming depreciation only for the years, when the value has gone down.

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