Sunday, November 6, 2011

Compilations of case law: IT Act related Topics : GENERAL ISSUES

Additional Commissioner is also Joint Commissioner
Arun Kumar Maheshwari Vs ITO (All) 285 ITR 179

Instruction that cases where international transactions exceed Rs. 5 crore to be taken up for scrutiny – No discrimination – Instruction valid
Sony India P. Ltd. Vs CBDT (Del) 288 ITR 52

Reduction of loss – Not a case of NIL tax effect – Instruction of CBDT fixing monetary limit for filing of appeal does not affect maintainability of appeal in such cases
CIT Vs Abhishek Industries Ltd. (P&H) 286 ITR 1

FD in Bank attached by Dept – Can foreclose such FD
Vysya Bank Ltd. Vs JCIT & Anr. (Kar) 241 ITR 178

Bank statement is not books of accounts maintained by assessee.
ITO Vs Samyeshi Majhi (ITAT, Calcutta) 13 ITD 61.

IT proceedings – strict rules of evidence do not apply – conclusive proof is not necessary to arrive at a conclusion / to establish a fact.
Mriganka Mohan Sur Vs CIT (Cal) 120 ITR 529

Claim that substantial amounts have been won in horse racing in two consecutive accounting years – claim is not justified considering the test of human probabilities.
Sumati Dayal Vs CIT (SC) 214 ITR 801

Protective assessment permissible but appellate authorities cannot make protective order
CIT Vs Durgawati Singh (All) 234 ITR 249
Jagannath Bawri & Ors. Vs CIT & Ors. (Gau) 234 ITR 464

Units of UTI are not shares
CIT Vs Apollo Tyres Ltd. (Ker) 237 ITR 706
Shree Synthetics Ltd. Vs DCIT (ITAT, Indore) 61 ITD 253

Manufacturing beedis –no patent / copyright / know-how involved
CIT Vs Mangalore Ganesh Beedi Works (Kar) 264 ITR 142

Assessing Officer cannot entertain claim for deduction otherwise than by filing a revised return
Goetze (India) Ltd. Vs CIT (SC) 284 ITR 323

Controlling interest in the company is an incidence of shareholding and has no independent existence – It is by reason of control over the shares that the shareholder is able to exercise control over the management
Venkatesh & Ors. Vs CIT (Mad) 243 ITR 367

The word "business" is one of wide import and it means an activity carried on continuously and systematically by a person by the application of his labour and skill with a view to earning an income
Barendra Prasad Ray Vs ITO (SC) 129 ITR 295 pp. 296
Works Contract – defined
State of Gujarat ( Commissioner of Sales Tax), Ahmedabad Vs Variety Body Builders (1976) CTR (SC) 228
Venguard Rolling Shutters & Steel Works Vs Commissioner of Sales Tax (1977) CTR (SC) 190
The Assistant Sales Tax Officer Vs B.C. Kame (1977) CTR (SC) 67
Crompton Engineering Co. Ltd. Vs The State of Tamil Nadu (1976) CTR (Mad) 428
CIT Vs Kumudam Publications P. Ltd. (Mad) 188 ITR 84

Diaries are not books of accounts
Sheraton Apparels Vs ACIT (Bom) 256 ITR 20

Composite business – Tests – Single books of accounts, carried on business in the same premises, no bifurcation in the bank accounts, common administration, common funds, common management, unity of control etc.
CIT Vs Kothari & Sons ( Agencies ) P. Ltd. ( Mad ) 211 ITR 928
Veecumsees Vs CIT ( SC ) 220 ITR 185
B.R. Ltd. Vs V.P. Gupta ( SC ) 113 ITR 647
Produce Exchange Corpn. Ltd. Vs CIT ( SC ) 77 ITR 739
CIT Vs Late T.S. Srinivasa Iyer ( Mad ) 192 ITR 50

Firm of Chartered Accountants – Carries on "Profession" and not "Business"
G.K. Choksi and Co. Vs CIT (SC) 295 ITR 376

Limitation – Assessment of income to be completed within the time period provided in the statute – However the order of assessment need not be communicated within that period.
RM. P.R. Viswanathan Chettiar Vs CIT (Mad) 25 ITR 79

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