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Judgments and Orders

SC landmark judgment on mercy plea

 21 January 2014

Important point from the judgment by Bench comprising Chief Justice P. Sathasivam, Justice Ranjan Gogoi and Justice Shiva Kirti Singh: 1. Delay in the decision of mercy plea is relevant ground for commuting death sentence to life imprisonment. 2. D..

Posted in Criminal Law 1 comments |   5463 hits

Delhi HC rejects plea of schools on nursery admission guidelines

 21 January 2014

The Delhi High Court dismissed the plea of unaided private schools, seeking a stay on Delhi government's nursery admission guidelines including scrapping of 20% Management Quota. Important highlights from the judgment by bench comprising Chief Jus..

Posted in Others |   2353 hits

Delhi HC restraining order from reporting allegations against Justice Swatanter Kumar

 17 January 2014

Important highlights from the judgment by Justice Manmohan Singh: ''It is thus a question of fact which has to be examined on case to case basis as to what constitutes the offending publication which may result in future obstruction of justice a..

Posted in Civil Law |   2977 hits

Copyright or Trademark cannot be claimed on Yoga asanas(postures)

 16 January 2014

The Plaintiff, Institute for Inner Studies & Others, filed the suit seeking permanent and mandatory injunction alongwith damages against the defendant, Charlotte Anderson & Others in order to restrain the defendants from carrying out activities of sp..


Court not inclined to award damages in the suit of infringement of copyright and trademark and passing off in certain cases.

 16 January 2014

The Plaintiff, Oriental Cuisines Private Limited, filed the suit alleging passing off and infringement of its trademark and copyright in the mark “THE NOODLE HOUSE” by the defendant, Star Restaurants Private Limited, seeking a decree of permanent..


Rights of an auction-purchaser in the property

 13 January 2014

Rights of an auction-purchaser in the property purchased by him cannot be extinguished. Exceptions: In cases where the said purchase can be assailed on the following grounds: 1. Collusion 2. Fraud ..

Posted in Property Law |   5682 hits

Account of disallowing warrant cost & warranty cost for computing the book profit u/s 115JBV of IT Act

 06 January 2014

This is a set of two revenue’s appeals for A.Y. 2004-05 and 2005-06 on the quantum assessment and the corresponding cross-objections by the assessee. Revenue has also filed appeal against deletion of penalty u/s 271(1)(c) for A.Y. 2005-06...

Posted in Others |   2300 hits

Ascertained liability allowable under the mercantile system of accounting (Principle of Consistency)

 31 December 2013

The assessee is a Company and is engaged in the business of manufacturing of white crystal sugar. It filed its return of income on 25.11.2006 declaring total income of Rs.1,01,251/-. The Ld.AO complete the assessment u/s 143(3) on 31.12.2008 determin..

Posted in Others |   2702 hits

Penalty proceedings and assessment proceedings are two distinct and independent proceedings

 14 December 2013

In brief the facts are that in this case return of income was filed by the assessee declaring a loss of Rs. 19,906/-. The assessment was completed by the A.O. u/s 143(3) of the I.T.Act at an income of Rs. 12,42,412/- by making following disallowance..

Posted in Taxation 1 comments |   5381 hits

Non-disclosure of amount in the balance of loans and advances (sec 154 for making such addition is not postulated)

 12 December 2013

This appeal has been preferred by the Revenue against the order of Commissioner of Income Tax(A)-III, New Delhi dated 1.11.2012 in Appeal No. 619/11-12/C.I.T.(A)-III for AY 2005-06..

Posted in Others |   2677 hits

Nonproduction of receipts of expenditure incurred on maintaining the corporate entity

 09 December 2013

This appeal by the Revenue is directed against the order of the Ld. Commissioner of Income Tax (Appeals)-VII, New Delhi dated 24.6.2011 pertaining to assessment year 2008-09..

Posted in Others |   2009 hits

Quashing order passed by the CIT(A) "without providing the opportunity of being heard" to assessee

 05 December 2013

A brief analysis of the study depicts that though the assessee was proceeded ex-parte, the learned CIT(A) has not decided the matter on merits...

Posted in Others |   2886 hits

Disallowing the deduction claimed as amount paid towards gratuity fund for which approval from the concerned CIT is pending

 27 November 2013

The assessee is in appeal against the order dated 16.09.2009 passed by the ld. CIT(A) in the matter of an assessment made by the AO u/s. 143(3) of the Income Tax Act, 1961, (“the Act”) for the A.Y. 2004-05...

Posted in Others |   3041 hits

Expenses incurred by the assessee to maintain its corporate entity are allowable

 22 November 2013

This appeal by the Revenue is directed against the order of the Ld. Commissioner of Income Tax (Appeals)-VII, New Delhi dated 24.6.2011 pertaining to assessment year 2008-09...

Posted in Others |   2803 hits

Disallowance of Expenditure & Business Expenditure

 21 November 2013

This is assessee’s appeal against CIT(A)’s order dated 2-07- 2012 relating to A.Y. 2008-09. Various grounds are raised, which in effect raise following issues: (i) disallowance of expenditure; and (ii) disallowance of business expenditure. ..

Posted in Others |   2198 hits

Application for maintenance (U/S 24-HMA) has to be decided first before an order for filing WS is passed against the applicant

 24 October 2013

It is very unfortunate litigation between the husband/petitioner and wife/respondent who are Advocates of the Supreme Court and of this Court. They got married on 25th January, 1996. However, in the year 2004, the husband, who is the petitioner herei..

Posted in Others 2 comments |   8031 hits

Allowability of sponsorship expenses in the absence of comment of AO in the original order

 30 September 2013

On the facts and in the circumstances of the case, the ld.CIT(A) has erred in annulling the re-assessment proceedings u/s 147 on the basis of change of opinion by the AO on the issue of ‘allowability of Sponsorship Expenses’ even when the AO did not ..

Posted in Taxation |   3975 hits

Order passed on non submission of document for reason beyond of control can be restored on submission

 28 September 2013

We have heard both the parties and carefully gone through the orders of the authorities below. On perusal of assessment order, we find that the assessment has been completed under sec. 143(3) of the Act. Notices under sec. 143(2) and/or under sec. 14..

Posted in Taxation |   4308 hits

In the absence of necessary and relevant fact some questions are unanswered

 27 September 2013

Whether on the facts and in the circumstances of the case, the assessee company is a financial company under the Interest Tax Act, 1974, liable to tax there under and if yes, then which portion of the income/receipts of the assessee company can be co..

Posted in Taxation |   3212 hits

Computation of deduction u/s 80HHC on profit available after reducing deduction allowed u/s 80IB

 23 August 2013

It was fairly conceded by the Ld.AR of the assessee that the issue involved is covered against the assessee by the decision of the special bench of the Tribunal rendered in the case of ACIT vs. Hindustan Mint & Agro Products Pvt. Ltd., as reported in..

Posted in Taxation |   3742 hits