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"...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

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Latest Income Tax Case Laws

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. 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

ADIT International Tax vs Dolphin Drilling Ltd.

Issue: Whether levy of penalty u/s 271(1)(c) was justified on the facts and in the circumstances of the case?Synopsis: The assessee is a company incorporated under the laws of the UK. It filed its return of income on 23.10.2006 declaring loss of Rs. 7,96,49,700/-. Read More

Addl CIT vs Shrejee Impex Pvt Ltd

Issue: Whether the provisions of section 194C and section 195 were applicable on the fact and in the circumstances of the case, especially in the context of the provisions in the respective DTAA?Synopsis: The assessee company had made payment of freight and cartage amounting to Rs. 21,44,828/- to… Read More

Portside Estates Ltd. vs. Income Tax Officer

Issue: Whether in the facts and circumstances of the case, the assessee could be said to be a company in which the public are substantially interested and, therefore, allowed carry forward and set off of losses u/s 79? Synopsis: For the AY 2005-06, the assessee claimed brought forward losses of… 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

ADIT(E) vs. Farah Educational Society, Hyderabad

Issue: Whether the assessee registered u/s 12A was entitled to exemption u/s 11 of the Act, irrespective of approval u/s 10(23C)(vi)?Synopsis: The assessee was a society registered u/s 12A. For the AYs 2004-05 to 2006-07, it filed its returns of income declaring “NIL” income after claiming… Read More

Commissioner of Income Tax vs. N.K. Laminates (P) LTD

Issue: Whether on facts and in the circumstances of the case the additions on account of under invoiced sales and unexplained investment were justified on the basis of material in the shape of loose papers found and seized by the department at the time of search?Synopsis: The assessee is a Company… Read More

Commissioner of Income Tax vs. Modi Entertainment Limited

Issue: Can the interest u/s 14A and u/s 36(1)(iii), on the facts and circumstances of the case, be allowed?Synopsis: The AO disallowed interest of Rs.51,33,108/- u/s 14A and Rs.37,58,496/- u/s 36(1)(iii). The disallowance u/s 14A was made on the footing that the loan taken at 12.75% interest was… Read More

Amu Shares & Securities Ltd vs Dy. Commissioner of Income Tax

Issue: Whether non consideration of documents by the Tribunal, which were not referred to by the appellant in the course of the hearing, constituted an infirmity in the Tribunal’s order?Synopsis: The assessee had filed a Miscellaneous Petition u/s 254(2) in respect of an order u/s.254(1) by the… Read More

Most Read Income Tax Case Laws

13582

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
8148

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
2481

Amit Pravin Dhanesha and Anr vs. Commissioner of Income Tax

in Section: 132B
Commentary in Hindi Judgment Issue: Whether the benefit of proviso to section 132B(1) can be denied on the ground that the application was made to the DDIT and not to the AO? Read More
2337

Commissioner of Income Tax vs. Gautam Manubhai Amin

in Section: 049
Commentary in English Commentary in Hindi Judgment Issue: What is the year for applying CII in cases of inherited property? Read More
2294

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
   

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