Archive for the ‘LEGAL DECISIONS’ Category

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

Simply because some incidental activity of the assessee is revenue generating, does not provide any justification to hold that it is tainted with “commerciality” and reaches a point where relationship of mutuality ends and that of trading begins.

Feb-21st-2010

Commissioner of Income-tax, Delhi-XI, New Delhi Vs Standing Conference of Public Enterprises (SCOPE), September 25, 2009 (HC Delhi)  QUESTIONS (i) Whether the assessee society is a mutual concern so as to claim exemption on principle of mutuality?   (ii)  Whether the ITAT was correct in law in holding that only rental income received by the

Amount paid for use the infrastructure facility of other company is a revenue expenditure and can be write off as deferred revenue expenditure

Feb-21st-2010

Commissioner of Income-tax VS Bharat Aluminium Co. Ltd, October 15, 2009 (HC Delhi) QUESTIONS “(1) Whether the Income-tax Appellate Tribunal was correct in law in allowing the amount of Rs. 3.76 crores (wrongly written by ITAT as 3.76 lakhs) being capital expenditure not represented by any assets to the assessee? (2) Whether the Income-tax Appellate Tribunal was

An assessment which could be modified by a higher authority cannot be said to have become final or concluded for Disallowance u/s 14A

Feb-21st-2010

Catholic Syrian Bank Ltd.  VS  Commissioner of Income-tax, Circle 1(1), Trichur, August3, 2009 (HC Kerala) An assessment which could be modified by a higher authority cannot be said to have become final or concluded until expiry of the statutory time provided for such orders because it is always subject to revision by higher authority within

When Higher Appellate authority remitted the matter to TPO Party can go to Dispute Resolution Panel

Feb-21st-2010

Additional Commissioner of Income-tax   Vs   HCL Technologies Ltd, September 7, 2009 (Supreme Court) When the High Court has remitted the matter to the TPO from whose order an appeal is pending before the CIT(A), it would be in the interest of both sides to resort to Alternate Dispute Resolution Mechanism suggested in the Budget of