Month: December 2012

Andhra Pradesh H.C : The daily allowance paid to the employees would partake the character of hotel expenses for the purpose of disallowance under Section 37(3- A) to (3D)

High Court Of Andhra Pradesh Novopan India Ltd. vs. CIT, Hyderabad Assessment Year : 1985-86 Section : 37(3) Goda Raghuram And M.S. Ramachandra Rao, JJ. RC No. 58 Of 1997 December 31, 2012 ORDER M.S. Ramachandra Rao, J. – This Reference has been made by the Income Tax Appellate Tribunal, Hyderabad-A Bench, Hyderabad under Section 256 (1) …

Himachal Pradesh H.C : Claim of any expenses incurred in providing freebees to medical practitioner in violation of provisions of Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 shall be inadmissible

High Court Of Himachal Pradesh Confederation Of Indian Pharmaceutical Industry (SSI) vs. CBDT Section : 37(1)(C) Deepak Gupta And Kuldip Singh, JJ. C.W.P. No. 10793 Of 2012-I December 26, 2012 JUDGMENT Deepak Gupta, J. – The petitioner by means of this petition has prayed that Circular No. 5/2012 dated 1.8.2012 issued by the Central Board of …

Madras H.C : The ITAT was right in law in setting aside the orders of the authorities below and deleted the penalty under section 271(1)(c) of the Income-tax Act, even though the withdrawal of claim of depreciation was not a voluntary act of the assessee-company is valid

High Court Of Madras CIT vs. Sundaram Finance Ltd. Assessment Year : 1999-2000 Section : 271(1)(C) Elipe Dharma Rao And M. Venugopal, JJ. T.C. Appeal No. 108 Of 2008 December 21, 2012 JUDGEMENT Elipe Dharma Rao, J. – The assessee-company is engaged in the business of hire purchase financing and leasing and allied activities. The assessee …

Andhra Pradesh H.C : Where petitioner-society was providing certification of seeds to clients/agents who were engaged in trading of certified seeds with profit motive, its activities could not be said for ‘charitable purpose’ and hence, petitioner was not eligible for registration under section 10(23C)(iv)

High Court Of Andhra Pradesh Andhra Pradesh State Seed Certification Agency vs. CCIT-III, Hyderabad Assessment Year : 2010-11 Section : 2(15), 10(23C) Goda Raghuram And M.S. Ramachandra Rao, JJ. W.P. No. 31640 Of 2011 December  17, 2012 ORDER M.S. Ramachandra Rao, J. – The petitioner herein challenges the order dated 31-03-2011 of the Chief Commissioner of Income …

Karnataka H.C : Penalty cannot be imposed merely because assessee accepted assessment order levying tax and interest, unless it is discernible from assessment order that addition was on account of concealment

High Court Of Karnataka CIT Vs. Manjunatha Cotton & Ginning Factory Assessment Years : 2000-01, 2003-04 And 2004-05 Section : 271(1)(c), 274 Kumar And Aravind Kumar, Jj. It Appeal Nos. 2564 & 2565 Of 2005, 5020, 5022 & 5023 Of 2009 And 5025 & 5026 Of 2010 December  13, 2012 JUDGMENT N. Kumar, J. – A …

Delhi H.C : The absence of any tangible material available with the Assessing Officer to form the requisite belief regarding escapement of income, the reopening of the assessment made under Section 143(1) is bad in law

High Court Of Delhi CIT-V vs. Orient Craft Ltd. Assessment Year : 2002-03 Section : 147, 143 S. Ravindra Bhat And R.V. Easwar, JJ. IT Appeal No. 555 Of 2012 December 12, 2012 ORDER R.V. Easwar, J. – The substantial question of law proposed by the Revenue in this appeal under Section 260A of the Income …
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