Courts say.....

"...though every Court or Tribunal has an inherent power to dismiss the proceeding for non prosecution yet this inherent power is lost where the statute requires the Court or the Tribunal to hear the appeal on merits. In this case Rule 24 of the Tribunal Rules mandates the Tribunal to decide the appeal on merits even in absence of the appellant after hearing the respondents."

Bharat Petroleum Corporation Limited vs. ITAT (Bombay High Court)

DTRJ20131011

People say.....

"There may be liberty and justice for all, but there are tax breaks only for some."
Martin A. Sullivan

Readers say...

Your IP


IP Addres:
54.81.134.175
Visitor counter, Heat Map, Conversion tracking, Search Rank

Latest Income Tax Case Laws

Commissioner of Income Tax - I Pune vs Intervet India Pvt. Ltd.

Issue: Whether expenses claimed as sales promotion expenses were liable to TDS u/s 194H?Synopsis: The assessee is engaged in the business of manufacture and sale of biological vaccines and other products. The AO noted that the assessee had claimed sales promotion expenses under two schemes, viz.… Read More

Deputy Commissioner of Income Tax vs Ignite Mundra Pvt. Ltd. (Formerly Known as Canvas Communication P. Ltd.)

Issue: Whether disallowance u/s 40(a)(ia) could be made for non deduction of TDS on payments made to a group company, where such payments were in the nature of reimbursement of cost of employees’ services?Synopsis: The assessee company was in the business of advertising and marketing. It was… Read More

Commissioner of Income Tax vs M/s Koottummal Groups

Issue: Whether there was a relationship of agency, so that it could be held that the provisions of section 40A(3) were inapplicable?Synopsis: The assessee made total purchase of Rs.2,31,689,032/- from M/s. Reliance Communication against cash payment. Applying the provisions of Section 40A(3), the… Read More

Jigar Rajesh Babaria, Mahesh Vrajlal Babaria vs Assistant Commissioner of Income Tax

Issue: Whether disallowance u/s 14A read with Rule 8D was correctly computed by the AO in the facts and circumstances of the case?Synopsis: The two appeals pertaining to members of the same family were heard together by the ITAT and decided by a common order. The assessee carried on business of… Read More

Commissioner of Income Tax vs. Rajshibhai Meramambhai Odedra

Issue: Whether capital gain tax can be levied where agricultural land is sold to a non-agriculturalist?Synopsis: A search action u/s 132(1) was carried out in one M/s.Radhe Group. During the course of the search authorization, various documents/books of accounts and other valuable articles and… Read More

Commissioner of Income Tax vs. Niraj Kumbhat

Issue: Whether on the facts and circumstances of the case, the penalty u/s. 271 (1)(c) can be levied ignoring the fact that the assessee had offered the undisclosed income in a separate letter filed to the Department and not in his statement recorded u/s 132 (4) during the course of… Read More

Commissioner of Income Tax vs. GIMPEX LTD

Issue: Whether the deduction u/s 80IB can be allowed without setting off the losses of other units?Synopsis: The assessee is engaged in the business of process and sale of Barytes minerals by establishing 12 units located at different places. Two of such units are located in Andhra Pradesh State… Read More

Commissioner of Income Tax vs Shri Shriram Hiralal Soni

Issue: Whether the Tribunal was right in holding that the provisions of section 68 were not applicable in the facts and circumstances of the case?Synopsis: In this case, the revenue submitted before the Hon’ble High Court that this was a case where the provision in question, namely, Section 68 was… Read More

Commissioner of Income Tax vs. M/s. Rane Brake Linings Ltd

Issue: Whether on the facts and circumstances of the case, the ITAT was right in holding that a lump sum of Rs. 20,00,000/- paid by the assessee being lease rentals paid to MIDC was a revenue expenditure ?Synopsis: The assessee is a company engaged in the manufacture of Automotive Ancillary… Read More

Deputy Commissioner of Income Tax vs Digital Radio (Kol) Broadcasting Ltd.

Issue: Whether reopening of the assessments u/s 147 was valid, even though the assessee had voluntarily filed an application u/s 154 covering the same mistake prior to the issue of notice u/s 148? Synopsis: These appeals involved the cases of two different assesses, wherein similar facts were… Read More

Most Read Income Tax Case Laws

10702

Commissioner of Income Tax vs. Himgiri Casting Pvt. Ltd.

in Section: 080IB
Commentary in Hindi Judgment Issue: Whether deduction u/s. 80-IB could be allowed when the assessee failed to furnish the Audit Report along with the Income tax return? Read More
6651

Director of Income Tax (Int. Tax.) vs. Western Geco International Ltd

in Section: 044BB
Commentary in Hindi Judgment Issue: Whether a proviso inserted after the relevant previous year can affect the application of the main section? Read More
2302

Hyosung Corporation Korea vs. Commissioner of Income Tax DR (AAR)

in Section: 245R
Commentary in English Commentary in Hindi Judgment Issue: Whether where the question raised in the application for advance ruling is pending adjudication before the assessing authority, the bar… Read More
2090

Director of Income Tax (Exemption) Vs. Raunaq Education Foundation

in Section: 080G
Issue: When is the credit for Post Dated Cheques to be given?Synopsis: On 07/01/2013, the Hon’ble Supreme Court settled the issue regarding the date of receiving a consideration by way of a… Read More
2059

Amul Research & Development Association vs. Income Tax Officer

in Section: 156
Commentary in English Commentary in Hindi Judgment Issue: Whether the AO was justified in reducing the time period of 30 days to 7 days u/s 220(1) and recover a sum of Rs. 1,39,00,000/- u/s 226(3)? Read More
   

Concern For Environment

Direct Taxes Report Journal

Is Not Printed

Buy E Books

Ask Us

Latest Discussion

  • No posts to display.

Subscribe Newsletters

Who's Online

We have 7 guests and no members online

Live Visitors

Site Last Modified On

  • Last Modified: Thursday 18 September 2014.

We are social......

  • Facebook: directtaxesreportjournal
  • Twitter: directtaxesrep
  • Tumblr: directtax

Exchange Rate Calculator