LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Judgments and Orders

Consequences of getting employment by false information

 24 August 2012

The Inquiry Officer gave a report opining that there was an interpolation in the school leaving certificate for the reason it was proved that in the school record the date of birth of the petitioner was 01.11.1954. As per the school record, this was ..

Posted in Civil Law 1 comments |   1761 hits

Municipal Corporation is responsible for issuing completion certificate so the assessee cannot be denied releife under section 80IB on this ground

 23 August 2012

The assessee is a partnership firm. It developed a residential housing project by the name of “Surendra Estate” at Chuna Bhatti, Bhopal. The assessee got the approval for the project from Bhopal Municipal Corporation on 07.05.2003. The project was st..

Posted in Taxation |   1913 hits

CIT has the power to remit the matter to the file of AO if satisfied the needs of reconsideration

 23 August 2012

In this case Assessing Officer noted that assessee had not attended proceedings in response to the notices dated 12.11.2009 and 23.12.2009, even after their proper service upon the assessee and has also not furnished any explanation. Assessing Office..

Posted in Taxation |   1155 hits

Whether person contested election to Executive Committee of any court annexed to the Bar other than SCBA not allowed to vote to elect office bearer of SCBA

 22 August 2012

Appearing in support of the said application, copies of which have been served on all the interested parties, including the members of the Implementation Committee, represented by Mr. P.P. Rao and Mr. Ranjit Kumar, learned senior advocates, Mr. Sushi..

Posted in Civil Law |   1300 hits

If the order passed by CIT is beyond the power is deserved to be set aside

 22 August 2012

Assessee took up the matter in appeal and challenged the action of Assessing Officer and it was submitted before first appellate authority that the assessee is a proprietor of M/s Ceco Electronics and is engaged in the business of transformer manufac..

Posted in Taxation |   1121 hits

For invoking proviso of section 147 after period , there must be failure on the part of the assessee either under section 139 or in response to a notice under section 147/148

 22 August 2012

The facts indicate that original assessment was completed on 29.03.2004 and it was reopened by recording reasons on 26.03.2008. As per assessee, there was no failure to disclose all material facts and since reopening was done on the basis of retrospe..

Posted in Taxation |   1479 hits

Rule 19 applied for dismissing in the absence of prosecution of appeal

 21 August 2012

The notice was given to assessee fixing the date of hearing on 01.08.2012 through notice board. But no one appeared on behalf of the assessee. Nor there is any application for adjournment. In view of above, it appears that assessee is not interested ..

Posted in Taxation |   1148 hits

Disallowance under sec 14A cannot exceed dividend income and rebate can be allowed only when there is some liability to income tax

 21 August 2012

During the assessment proceeding the AO found that the assessee had shown dividend income of Rs.5,60,809/- which was claimed as exempt. AO found that the assessee had not allocated any expenditure incurred by him towards earning of the tax-exempt-div..

Posted in Taxation |   3192 hits

Extension of date of supply or reduction of quantity does not amount to novation of contract

 20 August 2012

The facts in brief needs to be stated for answering the issues raised. They are: In the case of Purbanchal Cables (C.A. No. 2348 of 2003), the supplier is the manufacturer of Aluminium Conductors Steel Reinforced (for short “ACSR”) for various specif..

Posted in Corporate Law 1 comments |   3463 hits

Deductions allowed in respect of only those expenses which are relevant to the accounting year for the purpose of computing profits

 20 August 2012

Briefly stated the facts of the case are that assessee is engaged in the business of manufacturing of Thermoplastic material and Phenolic Moulding Powers etc. For the year under consideration, return of income was filed on 31.10.2004 declaring total ..

Posted in Taxation |   1725 hits

As per Rule 24 of Appellat Tribunal Rule miss communication of date of hearing can deserve the order to be recalle

 20 August 2012

By this miscellaneous application, the assessee is seeking recall of the order of the Tribunal dated 13-12-2010 passed ex-party in ITA No. 771/Mum/2009 on the ground that there was a miss-communication about the date of hearing by the articled clerk ..

Posted in Taxation |   1034 hits

Penalty under section 271 must be based on concealment of the particulars of the income and furnishing inaccurate particulars

 18 August 2012

The brief facts of the case are that the assessee under the head “interest and other charges” had debited an amount of `.2056.50 lakhs on account of “guarantee & other charges”. During the assessment proceedings from the perusal of these details, the..

Posted in Taxation |   1469 hits

If expenditure incurred has direct nexus with its income generating apparatus can be claimed as revenue expenditure

 18 August 2012

Brief facts are: The assessee is engaged in the manufacturing of hardware made of brass such as electric switch cover, door handles and lock handles etc. Prior to this year the assessee was into exports of these goods to U.S. market. During the year ..

Posted in Taxation |   973 hits

Order suffers from lack of reasoning and which is not a speaking order on which addition is made can be set-aside

 16 August 2012

That the Revenue has erred in law and on facts in adding the amount of ` `3,667/- which pertains to the difference in closing balance of amount receivable from M/s Heritage Resorts Pvt. Ltd. as per their books and as per our books of Accounts. Th..

Posted in Taxation |   1190 hits

Penalty under section 271(1)(c) must establish the receipt amount in dispute constitutes income of the assessee and part from the falsity of the explanation given by the assessee

 16 August 2012

A search and seizure operation was carried out on 5.10.2007 in the business and residential premises of Choksey group of businesses. Since the assessee had business connections with the group, his business and residential premises were also searched ..

Posted in Taxation |   1395 hits

When the court admitted the petition and put the party to trial cannot refuse to exercise jurisdiction on the ground of availability of alternative remedy

 16 August 2012

Brief facts to comprehend the disputes are that the petitioner no. 2, a disabled War veteran, was allotted a retail outlet for the sale of petrol and petroleum products by the respondent no.1, Indian Oil Corporation, at Gurgaon Road, near Palam New D..

Posted in Civil Law 1 comments |   2632 hits

A contract of Marine Insurance will be a wagering contract only when an assured has no insurable interest

 14 August 2012

The petitioner is a limited company, engaged in the manufacture and sale of metalized and coated films and papers. On 13th May, 2002 the petitioner agreed to purchase one vacuum metallizer (Machinery) from M/s Valmet General Limited, England for a to..

Posted in Civil Law |   2228 hits

Date of purchase of share has to be taken from the broker’s note and the period of holding is to be taken from the date of purchase and not from the date of dematerialization

 14 August 2012

From the case observe the following fact... The learned CIT (Appeals), erred in confirming the finding of the Assessing Officer in not considering the gains on the sale of shares of Rs. 4,89,18,734/- as long term capital gains and thereby also con..

Posted in Taxation |   1622 hits

In case of non appearance without application by appellant Rule 19 is applied

 14 August 2012

At the time of hearing, none has put in appearance on behalf of the assessee. Also, no adjournment application is on the record. Keeping in view these facts, we are of the opinion that the assessee is not interested in prosecuting its appeal. Therefo..

Posted in Taxation |   1325 hits

Discovery, vindication and establishment of truth are the main purposes underlying the existence of the courts of justice

 13 August 2012

The appellant is being prosecuted for offences punishable under Sections 7 & 13 (1) read with Section 13(1)(D) of Prevention of Corruption Act, 1988, before the Special Judge for CBI cases at Hyderabad. Around the time the prosecution concluded its e..

Posted in Criminal Law |   1805 hits