Archive for the ‘LEGAL DECISIONS’ Category

The liability of tax, as deemed dividend, could be attracted in the hands of the individuals, being the shareholders, and not in the hands of the firm.

Nov-9th-2010

  Commissioner of Income-tax vs Hotel Hilltop (HC Raj)   Substantial questions of law: “1. Whether on the facts and in the circumstances of the case and in law, the learned Tribunal was justified in upholding the order of learned CIT(A) deleting the addition of Rs. 10 lacs as deemed dividend under s. 2(22)(e) of

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

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

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

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