Presence of reasonable cause for being unable to file the information is valid to allow appeal

 13 June 2013

This is an assessee’s appeal. The following norms are raised at the outset. Learned counsel for the assessee contends that assessee is a civil contractor, regularly assessed tax. During this year 18 creditors having calculated outstanding amount of R

Posted in Taxation |    0 comments |   764 hits


A party, at whose instance the reference is made, fails to appear at the hearing, the court is not bound to answer the reference

 12 June 2013

This is an appeal filed by the assessee against the order dated 02.09.2011 of CIT-XIII, New Delhi pertaining to 2006-07 assessment year. At the time of hearing no one was present on behalf of the assessee as such the appeal was passed over. In the se

Posted in Others |    0 comments |   876 hits


Power of Tribunal under Rule 19 of Appelllate Tribunal Rule 1963

 10 June 2013

The appeal was originally fixed for hearing on 10.9.2012 on which date assessee’s counsel took date and the case was adjourned to 17.1.2013. On 17.1.2013, again counsel of the assessee took adjournment and case was fixed for 22.5.2013 i.e. today. Nob

Posted in Taxation |    0 comments |   601 hits


Distinction between an action of the tribunal or an administrative authority which is without jurisdiction and an action which is under an error of law

 10 June 2013

The petitioners carry on business, inter alia, of manufacturing dye-stuffs and dye-intermediates. In the manufacture of dye-stuffs and dye-intermediates one of the raw materials used is a product known as "Naphthalene". The main commercial source of

Posted in Others |    0 comments |   909 hits


Non prosecution may cause dismissed the appeal

 08 June 2013

The appeal was originally fixed for hearing on 10.9.2012 on which date assessee’s counsel took date and the case was adjourned to 17.1.2013. On 17.1.2013, again counsel of the assessee took adjournment and case was fixed for 22.5.2013 i.e. today. Nob

Posted in Taxation |    0 comments |   1111 hits


Provision made after deducting TDS is allowed subject to the basis of making provision

 07 June 2013

In this case the assessee is a Company and is engaged in the business of manufacturing and selling of building materials. During the course of assessment Assessing Officer observed that it was noted from the details of commission on sales that there

Posted in Taxation |    0 comments |   806 hits


Whether Rule 8D has retrospective operation

 06 June 2013

The appellant is engaged in export of handicraft and shawl etc. and local sale of software. The assessee has income from business, capital gains and income from other sources during the AY 2008-09 and the same sources of income as were in earlier yea

Posted in Taxation |    0 comments |   740 hits


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










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