Archive for the ‘LEGAL DECISIONS’ Category

Employees’ contribution toward PF, ESI allowed as deduction in previous year in which liability incurred if paid before the due date of filing of return u/s 139(1) and cannot treated as income u/s 36(1)(via)

Apr-18th-2010

 
 
Commissioner of Income-tax v. AIMIL Ltd, December 23, 2009 (HC Delhi)
FACTS
The case relates to the assessment year 2002-03. The respondent assessee had filed its return on 30-10-2002 declaring income at  Rs. 7,95,430. During the assessment proceedings, the Assessing Officer  (AO) found that the assessee had deposited employers’ contribution as  well as employees’ contribution towards provident [...]

Assessee is correct to treat Income from Delivery base transactions of shares as Short term or Long term Capital Gain as the case may be and Non Delivery (Jobbing) transactions as Business Income

Apr-5th-2010

 
 
Commissioner of Income-tax vs. Gopal Purohit, January 6, 2010 (HC Bombay)
Questions
  “(a)   Whether, on the facts and circumstances of the case and in law, the Hon’ble ITAT was justified in treating the income from sale of 7,59,003 shares for Rs. 5,00,12,879 as an income from short-term capital gain and sale of 3,88,797 shares for Rs. [...]

Assessing Officer can not refer the matter to the Valuation officer u/s 142A to estimate the unexplained expenditure u/s 69C

Mar-23rd-2010

 
Summary of Judgment
Commissioner of Income-tax, Delhi-XVII vs. Aar Pee Apartments (P.) Ltd,August 28, 2009 (HC Delhi)  
 Questions
(a) Whether ITAT was correct in law in deleting the addition of  Rs. 19,68,881 made by Assessing Officer and adopting the figure of cost of construction of Yusuf Sarai Project at Rs. 19,99,559 as against Rs. 39,69,440 declared by [...]

A completed assessment can not be reopened u/s 147 on the basis of opinion of audit party, where no new facts are there

Mar-22nd-2010

Summary of Judgment
Carlton Overseas (P.) Ltd. vs. Income-tax Officer, August 18 2009 (HC Delhi)
FACTS
The petitioner is a Private Limited Company engaged in a business of manufacturing and export of footwear. For the assessment year 2002-03  the assessee-company filed the return of income on 30-1-2002 declaring an income of Rs. 3,02,91,449. In this return of income [...]

Penalty u/s 271B can not imposed if assesse has bona fide belief that he is not required to get accounts audited u/s 44AB

Mar-22nd-2010

Summary of Judgment
Assistant Commissioner of Income-tax, Circle-I, Udupi vs. Dr. K. Satish Shett, February 22, 2008 (HC Kar)
Question
“Whether the Tribunal was correct in applying the principle laid down by the Hon’ble Supreme Court in the case of Hindustan Steel Ltd. v. State of Orissa in 83 ITR 26 to the facts of the case for [...]