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Judgments and Orders

Interest on borrowed fund allowed only on the portion used in the business

 15 September 2012

The facts in brief. The assessee is a company engaged in the business of running of hospitals under the brand name “Metro” in various parts of the country. The company has high expertise in operating and managing Nursing Homes/Hospitals specially wit..

Posted in Taxation |   1717 hits

In case of any additional evidence matter should be restored to the file of the AO

 13 September 2012

Briefly stated, the facts of the case are that the assessee filed his return for AY 2006-07 on 31.3.2007 declaring an income of Rs.2,45,570 and the return was processed and subsequently selected for scrutiny on the basis of AIR information received. ..

Posted in Taxation |   1588 hits

Section 15 applies to the property inherited by the female from her parents and when the females die without any son or daughter

 13 September 2012

The learned Single Judge has noticed that the matters, though in diversity of facts, entail common question of law relating to interpretation of Sections 48, 51 & 53 of the Delhi Land Reforms Act, 1954 (DLR Act) i.e. who is to succeed to/inherit the ..

Posted in Property Law |   3591 hits

Source of cash deposited in Bank should be properly disclosed

 13 September 2012

Briefly stated the facts of the case are that the assessee filed his return declaring an income of Rs. 1,82,480 for AY 2005-06. Subsequently, the case was selected for scrutiny through CASS and a notice u/s 143(2) of the Income Tax Act, 1961 dated 11..

Posted in Taxation 1 comments |   1969 hits

SC delivers judgment in Media Coverage Guidelines: Finding an acceptable constitutional balance between free press and administration of justice

 11 September 2012

In the words of C.Justice Kapadia: Finding an acceptable constitutional balance between free press and administration of justice is a difficult task in every legal system. Civil Appeal of 2011 were filed challenging the order of the Securities ..

Posted in Civil Law |   3318 hits

Trial cannot be terminated merely on the ground of delay without considering the reasons

 11 September 2012

The petitioners herein are the accused and tried for the assassination of Shri. L.N. Mishra, the then Union Railway Minister. It is the case of the prosecution that Shri. L.N. Mishra was injured in a bomb-blast at the Railway Station, Samastipur on 2..

Posted in Civil Law |   2120 hits

Expenditure on income not forming part of taxable income

 11 September 2012

Facts, in brief, as per relevant orders are that return declaring loss of ``5,51,91,000/- filed on 29.09.2008 by the assessee, carrying on the business of financing, leasing and investment activities, after being processed on 05.08.2009 u/s 143 (1) o..

Posted in Taxation |   1502 hits

Genuine gift cannot consider as unexplained cash credit and exemption under section 54 cannot be denied only on purchase of new house in joint name

 11 September 2012

Brief facts are: The assessee was an employee of Bill and Milinda Gates Foundation, USA (“BMGF” ), USA and was appointed to work with the liaison office of BMGF, New Delhi as Director in its India AIDS initiative program. Assessee could not file his ..

Posted in Taxation |   1588 hits

Court cannot refuse to condone the delay if it result miscarriage of justice

 10 September 2012

Fact of the case is that the condition on which the Court can use their discretionary power of condoning the delay after considering the impact of refusal of condoning the delay on justice and actual cause of delay...

Posted in Civil Law 2 comments |   6265 hits

Commercial advance was outside the purview of the deeming provision of section 2(22)(e)

 10 September 2012

Facts, in brief, as per relevant orders are that the return declaring income of ``4,29,40,331/- filed on 27.09.2008 by the assessee, engaged in the business of import and trading in yarn and knitting needles besides generation of wind power, was sele..

Posted in Taxation |   1653 hits

Onus to prove the cash creditors on the assessee only

 10 September 2012

In his appeal, as many as twelve grounds are raised by the assessee. However, at the time of hearing before us, it is stated by the learned counsel that the major dispute in this appeal is with regard to the addition made under Section 68 of the Inco..

Posted in Taxation |   1274 hits

GP rate and NP rate are not related to rate of discount and it is enough to written off the debts as irrecoverable

 08 September 2012

Whether in the facts and circumstances of the case, the Commissioner of Income tax (Appeals) has erred in law and facts in deleting the disallowances of Rs.707376/- made by the A.O. on account of discount of sale ignoring the fact that said discount ..

Posted in Taxation |   967 hits

Liability arise only when the project is completed unless estimated on reasonable basis periodically

 08 September 2012

Ground of appeal relates to the grievance of the appellant against the action of the Assessing Officer in making an addition of Rs.1,12,53,000/- on account of warranty and other expenses. It was submitted on behalf of the appellant that, the identica..

Posted in Taxation |   1427 hits

If the transfer of employee based on illegal consideration than court can interfere and reversed the decision

 07 September 2012

The fact of the case is the transfer of employee from one place to another place. The Petitioner/management has always a right and power to transfer the employees from one place to another, subject to contingencies and the requirement. However, this..

Posted in Civil Law |   9754 hits

Labour charges cannot be disallowed in the presence of proper attendance registrar and wages account

 07 September 2012

The fact of the case explained in following points “1. FOR THAT the Ld. Commissioner of Income Tax (Appeals) Jalpaiguri acted unlawfully in upholding the assessment order framed u/s. 143(3) of the Income Tax Act, 1961 by the Ld. Income Tax Officer..

Posted in Taxation |   2098 hits

Explanation 2 of section 115JB only define the meaning of tax and cannot extend the benefit of surcharge and cess paid last year

 07 September 2012

In allowing credit of MAT of the previous year u/s 115JAA at `.56,05,585/-. (Pl. see Sl. No.22 of Intimation) only as against the sum of `.63,51,128/- paid as per Schedule Part B of TTI of ITR 6 of previous year resulting in not allowing the credit o..

Posted in Taxation |   2767 hits

Payment of commission to non resident overseas do not attracts the provision of section 194H

 06 September 2012

Facts indicate that the assessee is a partnership firm of two partners and doing the business of export of hardware items. The assessee purchases raw material and after assembling and doing the job work, the same are exported to foreign countries and..

Posted in Taxation |   1963 hits

Service Tax is not the part of gross receipt under section 44BB of IT Act.

 06 September 2012

Facts indicate that the assessee is a company incorporated in Australia. It was engaged in the business of providing equipment on hiring and manpower etc. for exploration and production of mineral oil and natural gas. During the year under appeal. th..

Posted in Taxation |   1672 hits

Failure on the part of appellant to appear or prepare books to enable the hearing court is not bound to answer

 04 September 2012

It appears that the assessee is not interested in getting the appeal prosecuted. Hon’ble Madhya Pradesh High Court in the case of Tukojirao Holkar Vs CWT 223 ITR 480 (MP), while dismissing the reference made at the instance of the assessee in default..

Posted in Taxation |   1154 hits

Rule 19(2) of ITAT Rule 1963 applied in the absence of interest of the appellant for prosecution

 04 September 2012

Having regard to Rule 19(2) of ITAT Rules, 1963 and following various decisions of the Tribunal including in the case of CIT vs. Multiplan India (P) Ltd., reported in 38 ITD 320 (Del.) and the judgment of Hon’ble Madhya Pradesh High Court in the case..

Posted in Taxation |   1055 hits