Deletion of addition made under section 68 of IT Act 1961 must accompanied by proper supporting

 05 June 2013

On the facts and circumstances of the case, the Ld. Commissioner of Income Tax (A) erred in deleting the addition of Rs. 45,00,000/- being unexplained cash credit u/s. 68 of the I.T. Act, 1961

Posted in Taxation |    0 comments |   1129 hits


Additional grounds and document not submitted before AO is allowed and remitted to file of AO for reconsideration

 04 June 2013

That on the facts and in the circumstances of the appellant company’s case the Ld. Commissioner of Income Tax (A) erred in law in upholding the order of DCIT, Circle 1(1), New Delhi in treating a sum of Rs. 36,00,000/- representing income from joint

Posted in Taxation |    0 comments |   534 hits


Applicability of the Provision of section 14A

 03 June 2013

That having regard to the facts and circumstances of the case ld.CIT(A) has erred in law and on facts in not giving full benefit of expenditure as claimed by the assessee and has further erred in directing to ld.AO to allow the expenditure only to th

Posted in Taxation |    0 comments |   695 hits


Power, authority and jurisdiction to proceed against the candidate

 01 June 2013

With the help of this writ petition, made under Article 226, the petitioner, who holds a caste certificate acknowledging him as a member of the Scheduled Caste, has sought to get set aside and quashed, inter alia, the Memorandum, dated 05.12.2005, is

Posted in Constitutional Law |    0 comments |   745 hits


On cancellation of dealership notified on the grounds of manipulated data, a fair procedure needs to be followed in accordance with principles of natural justice

 01 June 2013

(A)Principles of natural justice: When a cancellation of dealership is notified on the ground of manipulated date based on the objections by a third party, the fair procedure in accordance with principles of natural justice should be followed.

Posted in Constitutional Law |    0 comments |   646 hits


Removal of Sub lessee and validity of notice

 31 May 2013

(A) A lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument. (B) Since the lease was for a period exceeding one year, it could only have been

Posted in Others |    0 comments |   1061 hits


Any order that brings "Civil consequences" has to be made consistently with the principles of natural justice. (Landmark Judgement By SC)

 30 May 2013

The judgment in case of State of Orrissa vs. Binapani Dei is a hitorical judgment given by the supreme court. The Supreme Court for the first time said that any order that brings "Civil consequences" has to be made consistently with the principles of

Posted in Constitutional Law 7 comments |   2013 hits


Importance of Sec 12 and Confessional statement under sec 15 on order pass for terrorist activities

 28 May 2013

A common charge of conspiracy was framed against all the co-conspirators including the appellants. The relevant portion of the said charge is reproduced hereunder: “During the period from December, 1992 to April, 1993 at various places in Bombay,

Posted in Criminal Law |    0 comments |   854 hits


Whether Company Judge has jurisdiction at the instance of the Official Liquidator to set aside the auction or sale held under the RDBFI Act, 1993

 27 May 2013

The spinal issue that has spiralled to this Court is whether the Company Judge under the Companies Act, 1956 (for short “the 1956 Act”) has jurisdiction at the instance of the Official Liquidator to set aside the auction or sale held by the Recovery

Posted in Corporate Law |    0 comments |   1163 hits


Credit Rating Agencies must abide by the Code of Conduct

 25 May 2013

The present appeal under Section 15Z of the Securities and Exchange Board of India Act, 1992 (“the SEBI Act”) is directed against the impugned judgment and final order dated 9th November, 2011 passed by the Securities Appellate Tribunal, Mumbai (“the

Posted in Corporate Law |    0 comments |   1204 hits


In case of failure of any party to appoint arbitrator chief justice under section 11(6) is responsible to take necessary steps

 24 May 2013

The questions that arise for consideration in this appeal, by special leave are, whether respondent No. 1 has forfeited its right to appoint the arbitrator having not done so after the demand was made and till the appellant had moved the court under

Posted in Civil Law |    0 comments |   1339 hits


Succession Act, 1925 - Secs. 57, 213 - Compulsory Requirement of Probate

 24 May 2013

SUCCESSION ACT, 1925 - SECS. 57, 213 - COMPULSORY REQUIREMENT OF PROBATE - PETITIONER IS A HOUSE WIFE AND HER FATHER IN LAW PURCHASED THE PROPERTY IN GANDHINAGAR - EXECUTION OF WILL BY THE FATHER IN LAW OF THE PETITIONER - AS PER THE WILL, THE PROPER

Posted in Property Law |    0 comments |   9431 hits


Is the claimant entitled to recover escalation in wages and if so to what extent

 23 May 2013

The appellant, National Thermal Power Corporation Limited (for short ‘NTPC’) is a Government Company registered under the provisions of the Companies Act, 1956. It is engaged in construction/project for generation, operation, transmission and mainten

Posted in Civil Law |    0 comments |   964 hits


Computation of Deduction under section 10A and depreciation on computer accessories

 22 May 2013

The relevant facts of the case are that in the year under consideration the assessee who is wholly owned subsidiary of Honeywell International Inc. Returned ncome of Rs.15,63,19,080/- by way of filing return on 30th November, 2006. The assessee compa

Posted in Taxation |    0 comments |   1387 hits


Decision on cash purchase directly from growers and applicability of rule 8D

 21 May 2013

The issue of cash purchases was also examined in the preceding years. While during the course of the assessment proceedings for the assessee had categorically submitted that the raw materials i.e carcass had been purchased through agents, as also the

Posted in Taxation |    0 comments |   824 hits


Services provided without human intervention cannot be treated as technical service

 20 May 2013

Non-deduction of tax source u/s 192 of the Act in respect of non-inclusion of performance incentive for the purposes of calculating exemption u/s 10(13A) of the Act; and (ii) Non deduction of TDS u/s 194J from the payment made for the use of telecomm

Posted in Taxation |    0 comments |   1745 hits


Revised tax effect for appeal applies to all pending appeals

 17 May 2013

We draw the attention of the ld. DR regarding the tax effect on the deletion of addition of Rs.9,05,643/- which is less than Rs. 3.00 lakh. This position is admitted by the ld. D.R. Therefore, as per the Instruction No. 3/2011 dated 09.02.2011 the re

Posted in Taxation |    0 comments |   1008 hits


Registration of trust under section 12A IT Act 1961

 16 May 2013

At the time of hearing before us, it was stated by the learned counsel that the DIT(Exemptions), vide his order dated 29th September, 2010, refused to register the trust. However, subsequently, the same DIT(Exemptions), vide order dated 6th April, 20

Posted in Taxation |    0 comments |   2185 hits


If the appeal has no effect on tax liability its liable to be dismissed

 14 May 2013

At the time of hearing before us, it was stated by the learned counsel that in both the years, despite huge additions, the assessed income is loss. That the set off of this loss has never been claimed in the subsequent years because in the subsequent

Posted in Taxation |    0 comments |   907 hits


Realisation of shares cannot be treated as commission

 13 May 2013

On the facts and in the circumstances of the case, the ld.CIT(A) has erred in deleting the addition of Rs.15,00,000/- made by the Assessing Officer u/s 68 of I.T.Act, 1961 in respect of unexplained cash credits without appreciating the fact that the

Posted in Taxation |    0 comments |   861 hits










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