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Lawyersclubindia Judiciary

Fine paid to custom authorities is penalty under sec 167 (8C) of Custom Act. and it cannot be treated as loss incurred from business

 20 January 2012

On the facts & in the circumstances of the case & in law, the Learned Commissioner of Income-tax (Appeals) erred in confirming the disallowance of Rs. 12,46,272/- made by the Learned Assessing Officer on interest free advances made to sister concerns..

Posted in Taxation |   1763 hits

Employees Provident Funds and Miscellaneous Provisions Act, 1952 (Section 14(B))

 19 January 2012

Facts: By notification dated 23.11.1967, the Central Government in exercise of its power under Section 217(1) (a) of the Act granted exemption to the respondent, which is a company registered under the Companies Act subject to the provisions speci..

Posted in Labour & Service Law |   6226 hits

When the court concluded that Managing Director unable to decide disputes independently than court under sec 11(4) and (6) can appoint Arbitrator

 19 January 2012

The petitioner has filed the present application under Sections 11(4) and (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) read with paragraph 2 of the appointment of the Arbitrators by the Chief Justice of Ind..

Posted in Civil Law |   1118 hits

PAN number is compulsory for TDS Return except reasonable cause involved and penalty under sec 272B cannot attract in such cause

 19 January 2012

Briefly stated the facts are as under. The assessee is a cooperative bank engaged in the banking business. For the first quarter of financial year 2007-08, the assessee has filed its TDS returns without quoting the PAN numbers of deductees in 1933 ca..

Posted in Taxation |   1604 hits

Before Rule 8D came in to existence AO is duty bound under sec 14A(1) to determine the expenses related to exempted income

 19 January 2012

Briefly stated facts of the case are that the assessee company is engaged in the business of Trading in Electric Motors, Fans, Laboratory equipments and generation of Wind Power filed return declaring total income at Rs.11,60,151/-. During the course..

Posted in Taxation |   1005 hits

As per the SC judgment that mere termination of the license of the licensee does not enable the licensee to claim possession unless he sets up a title

 19 January 2012

Daulat Ram Public Trust (hereinafter referred to as „the plaintiff Trust‟) claimed to be the owner of the suit property and as per its case one Mr. Krishan Mohan during the relevant period was its President and Managing Trustee. He had allowed one Pr..

Posted in Civil Law |   3769 hits

Amendment to be made in existing Rule that all dangerous prisoner shall not be taken out of jail in public or private vehicle and information to be given to SP in written

 19 January 2012

On March 23, 2001, a gang of four criminals comprising of Rambabu Gadariya, Dayaram, Pratap and Gopal, while returning from Dabra to Gwalior after attending court, escaped from the police custody. Allegedly, these four criminals escaped with the help..

Posted in Criminal Law |   1437 hits

Modvat credit scheme : allowing credit to the manufacturers for the excise duty: Rule 57-A

 18 January 2012

Facts: The appellant – assessee, a body corporate, are in the business flexible packaging, is engaged in the manufacture of various types of packaging machines, classified under Central Excise Tariff Act, 1985 (for short “the Tariff Act”). - The ass..

Posted in Taxation |   2328 hits

For Extension of service up to the age of 60 years as amended in Rule 20 subject to the fulfillment of certain condition only

 18 January 2012

On February 3, 2004 this Court issued limited notice on the question of not making any provision for judging the suitability of Judicial Officers for the purposes of promotion in the 2003 Rules and relaxation in the age of qualifying service..

Posted in Civil Law |   942 hits

Filling of appeal in the High Court against order of ITAT have no effect as High Court neither can set aside nor can give stay

 18 January 2012

That on the facts and circumstances of the case, Ld.CIT(A)-VI, Kolkata has erred in law as well as on facts by deleting the addition of excess depreciation claimed of Rs.1,61,95,130/- by relying upon the decision of the Hon’ble ITAT in the case of th..

Posted in Taxation 1 comments |   1385 hits

In case of inheritance if asset were acquired by the previous owner before 1st April 1981 than indexation should be based on the financial year 1981 to 1982

 18 January 2012

This is an appeal filed by the revenue. It is directed against the order passed by the CIT (A) dated 3rd February, 2011 for Assessment Year 2006-07. The grounds of appeal read as under:- On the facts and circumstances of the case, learned CIT (A)..

Posted in Taxation |   872 hits

Write petition on Insult of the national flag - Flag Code 2002

 17 January 2012

Facts: This writ petition has been filed making grievance that the respondents, namely, Yog Guru Baba Ramdev; Shri Anna Hazare, Mrs. Kiran Bedi and others have, on several occasions insulted the National Flag and violated the norms of waiving of Nat..

Posted in Constitutional Law |   2678 hits

Circular issued for granting incentives creating discrimination among employees in violation of Article 14 and 16 of the Constitution cannot be sustained.

 17 January 2012

The material facts, giving rise to the appeal are as follows:- The FCI was set up with the objective of safeguarding the interest of the farmers, distribution of food grains throughout the country and to maintain a satisfactory level of food grain..

Posted in Civil Law |   1665 hits

If the tax effect involved excluding interest is less than 3 lacs than Revenue cannot prefer appeal against assessee before ITAT

 17 January 2012

We have heard both sides. The CBDT, vide above instruction has clearly laid down that the revenue should not prefer appeals against assessees before ITAT if the tax effect involved in the appeal, excluding interest, is less than Rs. 3 lacs. The tax p..

Posted in Taxation |   894 hits

Order passed in breach of principle of natural Justice is to be quashed or set-aside

 17 January 2012

The Ld. Commissioner of Income Tax (Appeals) [hereinafter referred to as “CIT (A)”] erred in passing the order dated 22.03.2010 upholding the order of the Ld. AO without affording the Appellant proper opportunity of being heard. Therefore, the order ..

Posted in Taxation |   1194 hits

Where separate books of accounts are not maintained by the assessee for providing separate service than exemption under sec 10(23C)(iv) is not available

 17 January 2012

The ld. Commissioner of Income — tax (Appeals), ! XXXIII, Mumbai [“ld. CIT (A)”], erred in not adjudicating the ground raised by the Appellant challenging the action of the Assessing Officer [“A.O.”] in reassessing the income of the Appellant by invo..

Posted in Taxation |   1149 hits

Arushi-hemraj murder case ( sec 190 (1)(b) Cr.P.C) - Cognizance on the basis of circumstantial evidences

 17 January 2012

The case arises out of murder of a young girl namely, ‘Aarushi’ in her own residence and also the murder of one Hemraj, a domestic help. The prime suspect in the murder was Mr and Mrs talwar ( Parents of the deceased girl arushi ), Initially, the inv..

Posted in Criminal Law |   2363 hits

Notification issued in exercise the power under sec 24 can not override the right given under human right

 16 January 2012

These appeals have been filed by the Chief Information Commissioner, Manipur and one Mr. Wahangbam Joy kumar impugning the judgment dated 29th July 2010 passed by the High Court in Writ Appeal Nos. 11 and 12 of 2008 in connection with two Writ Petiti..

Posted in Civil Law 1 comments |   1292 hits

An HUF can not enter into partnership but the manager or Kurta acting on behalf of HUF can enter into a valid partnership

 16 January 2012

The respondent filed the suit for recovery of `5,89,434/- towards agent commission against the appellants claiming himself to be an agency of defendant No.3 (in the suit) an Italian Company, in India. Appellants floated a global tender for purchase o..

Posted in Corporate Law |   1935 hits

Written off of sundry parties may not cause initiation of penalty under sec 271(1)(c) of IT Act

 16 January 2012

Facts in brief as emerged from the corresponding assessment order passed u/s.143(3) of the I.T. Act, 1961 dated 31/01/2006 and the penalty order passed u/s.271(1)(c) of the I.T.Act, 1961 dated 31/03/2008 were that the addition in respect of write off..

Posted in Taxation |   1063 hits







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