III. Useful Case Laws:
1. Ajay Kumar Sharma Vs. CIT & Anr, W.P.(C) 1987/2012 & Cm no. 4285/2012, Judgment delivered on: 18.02.2013, High Court of Delhi
Deduction available U/s 80-IC for manufacturing of PET bottles as it is fall within the negative list stipulated in serial No. 20 of the 13th schedule of the said Act and issue of notice on this ground is U/s 148invalid.
The entire substratum of the notices issued under section 148 of the said Act is that the petitioner’s product namely PET bottles fall within the negative list stipulated in serial No. 20 of the 13th schedule of the said Act. We have noted the arguments of the learned counsel for the petitioner that the product manufactured by them falls under 3923.30.90 of the Central Excise Classification which is not within the range of products specified in serial No.20 of the 13th schedule of the said Act, that is, within headings 39.09 to 39.15. Therefore clearly, the submission of the learned counsel for the petitioner is correct. The petitioner’s product does not fall within the negative list stipulated in the 13th schedule of the said Act. If that be the case, then, the answer given by the petitioner in serial No. 14(ii)(e) of form 10 CCB filed along with the return is not wrong, false or inaccurate. Therefore, the petitioner cannot be held to have failed to fully and truly disclose all material facts necessary for its assessment.
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2 . CIT Vs. Jaswinder Singh Ahuja, ITA No. 81/2013, Judgment delivered on: 08.02.2013, High Court of Delhi
Whether penalty proceeding u/s 271(1)(c ) imposed on the basis of that the assessee declared short term gains on the sale of the stock options instead of long term capital gains?
Hon’ble High court upheld the order of tribunal which is as under-
In the assessee‟s case, evidently, there is no furnishing of any inaccurate particulars. It is not the case of the Revenue that the assessee has either concealed any fact or has submitted any wrong or incorrect fact. It is only the question of opinion whether the income from sale of stock option is assessable as short term capital gain or as long term capital gain. In view of the above, respectfully following the decision of Hon‟ble Apex Court in the case of Reliance Petro Product Pvt. Ltd., we uphold the order of learned CIT(A).”
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