DCIT V Vodafone Essar Gujarat Ltd High Court of Gujarat
One cannot lost sight of the fact that there may be number of reasons due to which the learned Tribunal is not in a position to decide and dispose of the appeals within the maximum period of 365 days despite their best efforts. Some of the reasons due to which the learned Tribunal despite its best efforts is not in a position to dispose of the appeal/appeals at the earliest are stated herein above. There cannot be a legislative intent to punish a person/ assessee though there is no fault of the assessee and/or appellant
ITR'S TRIBUNAL TAX REPORTS (ITR (Trib)) HIGHLIGHTS
F Assessee writing off debts in its books of account, sufficient, not necessary to establish debt became irrecoverable : Asst. CIT v. Living Media India Ltd. (Delhi) p. 610 (15-5-2015)
F Failure by Assessing Officer and Commissioner (Appeals) to consider facts of assessee's case in right perspective, Assessing Officer to decide afresh : Asst. CIT v. Living Media India Ltd. (Delhi) p. 610
F Where Assessing Officer making reasonable inquiry, notice under section 263 not sustainable : Association of State Road Transport Undertakings v. CIT (Delhi) p. 622 (8-5-2015)
F No disallowance called for if amounts advanced to group concerns for business expediency : DD Township Ltd. v. Deputy CIT (Delhi) p. 642 (29-4-2015)
F Where case not pertaining to lack of enquiry, Commissioner cannot invoke jurisdiction u/s. 263 to revise assessment order : SPB Projects and Consultancy Ltd. v. CIT (Chennai) p. 648 (15-4-2015)
F Department cannot dictate assessee to conduct business affairs in particular manner : Deputy CIT v. Alliance Retreat P. Ltd. (Chennai) p. 661 (10-4-2015)
F Where Commissioner (Appeals) rightly deleting additions, no infirmity in order : ITO v. Neelkanth Finbuild Ltd. (Delhi) p. 665 (1-4-2015)
F Provisions of Act or agreement more beneficial to assessee, applicable : Deputy DIT (International Taxation-II) v. Serum Institute of India Ltd. (Pune) p. 684
F Penalty to be deleted on failure by Department to prove assessee had sufficient cash or bank balance to meet tax demand and that funds were diverted for non-business purposes : Deputy CIT v. Aanjeneya Life Care Ltd. (Mumbai) p. 691
F Failure by Assessing Officer to show how assessee had violated provisions of 1961 Act, warranting rejection of claim of exemption u/s. 10(23C) : Vairams Kindergarden Society v. CIT (Appeals) (Chennai) p. 694
F Price charged by assessee to be accepted on failure by Transfer Pricing Officer to find comparable under comparable uncontrolled price method : Triniti Advanced Software Labs P. Ltd. v. ITO (Hyderabad) p. 701
F Society charging fees for processing subsidy applications, not business activity and its activities do not cease to be charitable, society entitled to exemption : National Horticulture Board v. Asst. CIT (Delhi) p. 710
F Authorities initiating proceedings for one default and levying penalty for another default not sustainable : Dharni Developers v. Asst. CIT (Mumbai) p. 720
F Where trustees not beneficiaries and no violation u/s. 13(1)(c) of ITA, 1961, trust entitled to exemption : Deputy DIT (Exemptions) III v. A. R. Rahman Foundation (Chennai) p. 726
F Assessing Officer to adopt resale price method in line with earlier assessment years : Granules India Ltd. v. Deputy CIT (Hyderabad) p. 737 (27-5-2015)
F Charitable Trust : Diagnostic services can be treated as medical relief, entitled to deduction u/s. 11 : Lions Club of Anna Nagar Charitable Trust v. Deputy DIT (Exemptions-III) (Chennai) p. 746 (15-5-2015)
F Where tax effect less than prescribed limit, appeal not maintainable : ITO v. Bhupendra Singh Monga (Delhi) p. 749
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