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Lawyersclubindia Judiciary

Units of mutual fund are not generally trading instrument because of low fluctuation and number of transaction in units also not large

 30 January 2012

Briefly stated facts of the case are that the assessee is an Insurance Agent. The return of income was filed showing an income of Rs.49,56,545/- consisting income from insurance commissions, house property, capital gains and income from other sources..

Posted in Taxation |   1024 hits

If AO not consider all document contained in the paper book filed by the assessee than the decision deserved to be set asideIf AO not consider all document contained in the paper book filed by the ass

 30 January 2012

Briefly stated facts of the case are that the assessee an individual derives income from house property, business, capital gains and income from other sources, filed return declaring total income at Rs.5,72,052/-. However, the assessment was complete..

Posted in Taxation |   1007 hits

After amendment of sec 36(1)(vii) of IT Act 1961 in order to obtained deduction for bad debts it is not necessary to established that the debt is irrecoverable

 27 January 2012

In this appeal the Revenue has raised three grounds, wherein ground nos. 2 and 3 are general in nature and do not survive for adjudication. The remaining lone issue raised by the Revenue reads as under: 1) The Ld. CIT(A) has erred in law and on fa..

Posted in Taxation |   1580 hits

The Court cannot interfere with the administrators decision unless there is deficiency in the decision

 27 January 2012

The petitioner and two other police officials were charge-sheeted on the allegations that in the night intervening 21/22.2.1995 they chased tempo No.MP-09-D-2079 being driven by one Shri Vinod Kumar and intercepted it near Wazirabad Road, where one o..

Posted in Civil Law 1 comments |   2122 hits

As per Thika Tenancy Act 1949 define Thika Tenant any person who held land under written lease and erected on such land any residence or for business purpose any constructio

 27 January 2012

On 21st Decembr, 1947, the Mitters filed Suit No.22 of 1948 in the Calcutta High Court against Chagganlal Baid and Parashmal Kankaria for their ejectment from the suit premises. During the pendency of the said suit, on 15th January, 1958, Chagganlal ..

Posted in Civil Law |   7938 hits

If after filling appeal the assessee is not interest to appear on hearing without application for adjournment it can cause dismissal of the appeal

 27 January 2012

This appeal was fixed for hearing on 16.01.2012. However, despite notice, none appeared on behalf of the assessee nor has it moved any application for adjournment. It is, therefore, presumed that the assessee is not interested in prosecuting its appe..

Posted in Taxation 1 comments |   1019 hits

M.P. Act is repugnant to A.C. Act 1996 or not since the same is a later Act made by Parliament. ( principle of "per incuriam")

 27 January 2012

Facts: The appellant-Madhya Pradesh Rural Road Development Authority and Anr., entered into a ‘Works Contract’ with the respondent for construction and maintenance of Rural Road Package No.1958, District Jhabua. This contract contains the ‘Dispute..

Posted in Civil Law |   1468 hits

Validity of the reopening of the assessment should be judged with reference to the reason recorded by AO under sec 148(2

 25 January 2012

The petitioner is a private limited company. In respect of the assessment year 2004-05 it filed a return of income on 27.10.2004 and the same was processed under Section 143(1) of the Act on 31.12.2004. Thereafter, on 28.3.2011 the respondent issued ..

Posted in Taxation |   1252 hits

As per sec 9 of Civil procedure code Civil Court has inherent jurisdiction to try all civil disputes unless barred expressly by any statutory provision

 25 January 2012

The appellant filed a suit (No. 43 of 1980) in the court of Munsif, Karwi (Banda) seeking a declaration that the decree passed by the Assistant Collector, Class-I, in a suit under sections 176, 178 and 182 of the U.P. Zamindari Abolition & Land Refor..

Posted in Civil Law |   7651 hits

In case the nature of the appeal is academic it can cause withdrawal of the appeal

 25 January 2012

Respectfully submits that pursuant to the order of Ld. CIT, the assessment order has been passed by the Ld. AO and Ld. AO did not make any addition in the assessment order. Copy of assessment order is enclosed herewith. Hence the present appeal remai..

Posted in Taxation |   1231 hits

Case under Sections 47A/33 of the Indian Stamp Act, 1899

 24 January 2012

Facts: A Sale Deed was executed between Har Charan Singh and the respondents herein in respect of the property situated at Lucknow. The total value of the property was computed as Rs. 1,55,28,860/- for the purposes of Stamp Duty and the respondents..

Posted in Property Law |   13560 hits

The lender has full right to institute legal proceedings after giving proper opportunity to the borrower

 24 January 2012

The appellant M/s. Housing Development and Finance Corporation (in short “HDFC”) instituted a suit under Order XXXVII of the Code of Civil Procedure, 1908, for realisation of its dues against defendant No.1 (the borrower; not before this Court) and t..

Posted in Civil Law |   1707 hits

Disciplinary action against an employee in regard to acts done by him in his previous employment in an affiliated society

 24 January 2012

The Respondent No.1 herein was an employee of Raipur Krishi Unnayan Samity (hereinafter referred to as “the Samity”), a cooperative society affiliated to the Burdwan Central Cooperative Bank, the Appellant herein.While the Respondent No.1 was serving..

Posted in Civil Law |   1728 hits

In case the AO have any doubt about the creditworthiness of individual than he can verified from his personal IT file

 24 January 2012

The AO was not satisfied about the source of the money introduced as capital. He, therefore, added the same to income. During the remand proceedings, the appellant produced all the five partners before the AO for examination. One partner had expired ..

Posted in Taxation |   818 hits

Search under sec 132 of IT if found any company related document any persons possession and whose name stated as MD if not disclosed than penalty can be imposed on him

 24 January 2012

A search was carried out u/s.132(2) of the I.T.Act, 1961 on 20/08/2004 in Vimal Group of cases and thereupon these assessments were made u/s.153A(b) of the I.T.Act. During the course of search, a data file of “ACME Company” was found and seized from ..

Posted in Taxation |   1021 hits

As per the constitution and code of criminal procedure the legal proceeding without giving legal assistance to the accused cannot be regarded as fair trial

 23 January 2012

In my opinion, the right of a person charged with crime to have the services of a lawyer is fundamental and essential to fair trial. The right to be defended by a legal practitioner, flowing from Article 22 (1) of the Constitution has further been fo..

Posted in Criminal Law |   2854 hits

If the working condition and responsibilities and nature of duties are same than all staff should be equally paid

 23 January 2012

Though some merit is found in the contention of the petitioner employer that the award does not render any finding of parity in educational qualification, method of recruitment, duties and responsibilities of the Assistants/Stenographers/Hindi Transl..

Posted in Corporate Law |   1709 hits

Marketability test is compulsory to be fulfilled for completing the definition of manufacturing under central excise rule

 23 January 2012

The assessee had been paying Central Excise duty on the PMB processed at their factory in Mumbai but had not paid the same for the conversion done at the work site. Consequently, a show cause notice was issued to them by the Commissioner of Central E..

Posted in Taxation |   939 hits

If in an independent appraisal in penalty proceedings if it proved that assessee provide inaccurate than penalty can be imposed under Sec 271

 21 January 2012

The facts leading up to the levy of penalty may be noticed in brief. The assessee is a domestic company. In respect of the year under appeal, it filed a return of income on 27th November, 2000 declaring income of Rs.1,43,40,680/-. The return was firs..

Posted in Taxation |   1023 hits

Power under Article 136 of Constitution can be exercised even I Suo motu when court satisfied that the ground for its exercised exist

 21 January 2012

The appellant herein, Madhu Kalikutty Panicker (hereinafter referred to as “Madhu”) was charged along with Sibi Bhaskaran (hereinafter referred to as “Sibi”) for offences punishable under Section 302 and 392 read with Section 34 of the Indian Penal C..

Posted in Criminal Law |   2886 hits







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