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Lawyersclubindia Judiciary

Appeal cannot be allowed in the absence of prosecution

 26 March 2012

Despite sending notice of hearing sufficiently in advance, assessee did not appear nor any application for adjournment has been received at the time of hearing of the appeal, in spite of the fact that earlier also on several dates the hearing was adj..

Posted in Taxation |   830 hits

Interest income cannot be assessed separately in the hands of the assessee

 24 March 2012

The brief facts of the case are that assessee is an individual. He has filed his return of income on 18.12.2006 declaring an income of Rs.155,27,356. The case of the assessee was selected for scrutiny assessment and a notice under section 143(2) of t..

Posted in Taxation |   1040 hits

In case of mere advancing depreciation cannot be allowed and in case of finance lease only lessee can claim depreciation

 24 March 2012

Briefly stated the facts of the case for the A.Y. 1998-99 are that the assessee bank filed its return claiming depreciation of `25,70,03,293. The Assessing Officer observed that there was substantial variation between the amount of depreciation as pe..

Posted in Taxation |   986 hits

As per Rule 19 if the appellant remain absent on the date of hearing without showing any reason than appeal will be treated as un-admitted

 24 March 2012

However, at the time of hearing no one was present on behalf of the assessee nor any adjournment application received. Appeal was passed over in the first round. Even in the second round also the position remained the same. The record shows that the ..

Posted in Taxation |   896 hits

Sec 14A not applied on the interest accrued on bond issued by Bank and assessee need to prove the source of investment to claim deduction under sec 10(33)

 23 March 2012

The tribunal in the impugned order has examined the factual matrix relating to acquisition/purchase of the equity shares mentioned at serial nos.1 to 3 and the investment in mutual funds. It has reached a categorical and a firm conclusion that the bo..

Posted in Taxation |   1071 hits

Vacation of the property by the lessee with the notice to the lessor would sufficiently discharge the lessee any further obligation

 23 March 2012

Vide lease-deed dated April 24, 1996, Ex.D-1, respondent took on lease from the appellant 4450 sq.ft. area on the fourth floor of a building popularly called „Herald House‟ at Bahadur Shah Zafar Marg and for which the monthly rental agreed was Rs.125..

Posted in Property Law 1 comments |   3272 hits

Without attending requisite law classes the question of enrollment in BCI does not arise

 23 March 2012

The appellant was employed, since the year 1992, as a Steno-typist in the Session Division, Gurgaon, Haryana. He in the academic year 1992- 93 joined the LL.B Degree Course as a regular student of D.S. College, Aligarh, Dr. Bhim Rao Ambedkar Universi..

Posted in Others 1 comments |   4366 hits

Company formed by reconstruction cannot be qualified for claiming deduction under sec 10A

 22 March 2012

The facts which revealed from the records are as under. The assessee company is engaged in the business of providing business process management, transitioning services, BPO services to its clients. The assessee is carrying out the said activity from..

Posted in Taxation |   1337 hits

Scope of the inherent powers vested in the High Court under Section 482 of the Code

 22 March 2012

Facts: On receipt of a complaint, the civil supply department of the State Government initiated an inquiry against the said concern, relating to the processing of paddy for and on behalf of the Food Corporation of India.- The respondent filed yet ..

Posted in Criminal Law |   2363 hits

Payment of director remuneration as per companies act 1956 and disclosed with supporting document cannot be disallowed

 21 March 2012

On the facts and in the circumstances of the case and in law, the Ld. CIT (A) erred in deleting the addition of Rs.78,84,241/- being the excess amount of unexpired service contracts holding that since the service contract is spread over 2 accounting ..

Posted in Taxation |   1924 hits

Clause (d) inserted in sec 80IB (10) with effect from April 2005 is prospective not retrospective

 21 March 2012

On the facts and in the circumstances of the case and law, the Learned CIT(A) has erred in holding that the assessee is entitled to deduction uls.801B(10) of Rs. 1,90,03,948!- by placing reliance upon various decisions ignoring the facts that the le..

Posted in Taxation |   1180 hits

If any amount of wife deposited in the assesses account with the support of affidavit from her that can not be treated unexplained

 21 March 2012

Facts, in brief, as per relevant orders are that on the basis of information received from the office of Addl.DIT (Investigation), Ghaziabad that the assessee deposited cash in his bank account No.785 in Punjab National Bank, BB Nagar, Ghaziabad duri..

Posted in Taxation |   1134 hits

Section 129(6) of the Customs Act, 1962, a person shall not be entitled to appear before the CESTAT, is ultra vires the Constitution of India?

 20 March 2012

Facts: The appellant joined the Indian Customs and Central Excise Service. - The appellant demitted his office as Member (Technical) of CEGAT - As he was a law graduate, he was enrolled as an advocate with the Bar Council of India - The CEGAT was r..

Posted in Civil Law |   1645 hits

Where the Rent Control Act is applicable then actual rent received is to be taken as annual value of the property subject to verify all record and books

 20 March 2012

At the time of hearing, it was pointed out that the amount mentioned in the grounds is not correct and the correct amount is Rs. 25,70,208/- instead of Rs. 72,96,230/-. The ld DR has accepted this factual mistake in the ground. Accordingly, we proce..

Posted in Taxation |   1107 hits

The Expenditure incurred in relation to new plant which was still un-constructed was not revenue expenditure

 20 March 2012

It would be appropriate to give a brief background of the case before we proceed to deal with the miscellaneous application. The revenue in the ground No.6 had raised dispute regarding deletion of addition by CIT(A) in relation to expenditure incurre..

Posted in Taxation |   1000 hits

Deduction of TDS on reimbursed expenses cannot constitute the amount the Income of the assessee

 20 March 2012

Briefly stated the Assessing Officer noticed that the assessee had total receipts of Rs.1,40,54,731/- out of which Rs.1,27,70,141/- were the bills raised during the year, but the assessee accounted for the net commission at Rs.41,19,613/-. He further..

Posted in Taxation |   4741 hits

As per sec 10(10D) any received from the Life insurance company is eligible for deduction whether received from Indian or Foreign company

 19 March 2012

On the facts and circumstances of the case and in law, the learned Income Tax officer erred in law in interpreting the personal effects i.e. capital receipts as revenue receipts received by your appellant for maturity of Life Insurance Policy and by..

Posted in Taxation |   2291 hits

ATM machine are functioning only with the use of computer so depreciation can claim @60% and depreciation on software license for new branch can claim @ 30%

 19 March 2012

The facts of the case are that the assessee company is a subsidiary of Saraswat Co.Op.Bank Ltd., and the assessee company provides software development and information technology enabled services to its holding company, i.e. Saraswat Bank. During the..

Posted in Taxation |   1522 hits

According to sec 43(5) define in arbitrage activities a trader can take advantage of Variation of price quote of same script at two different exchanges

 19 March 2012

From the observation we can find the following fact.. The assessee is engaged in the business of jobbing / arbitrage activities. He undertakes business of share trading on his own account. He filed his return of income on 27th July 2006, declaring..

Posted in Taxation |   779 hits

If CIT exercise power under sec 250(4) the AO need not be given any opportunity and if CIT acts on application under Rule 46A opportunity to AO is mandatory

 17 March 2012

At the very outset, Ld. DR submitted that with respect to all the three additions of Rs.4,37,45,772/-, 5,64,000/- and Rs.5,39,585/- on account of purchases, excess remuneration and commission paid respectively, the assessee did not file necessary con..

Posted in Taxation |   1308 hits







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