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Judgments and Orders

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 |   2772 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 |   1973 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 |   1687 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 |   1158 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 |   1058 hits

In the presence of evidence the court cannot exercise power as an Appellate court

 04 September 2012

The appellant was employed as a Physical Education Teacher with the respondent No.3 School since 04.07.1983 and was granted a PGT scale with effect from 01.08.2001. He was on 23.07.2008 charged with having committed gross misconduct by giving corpora..

Posted in Civil Law |   1741 hits

Depreciation under section 32 when the cost had already been claimed in the preceding year by application of Income

 03 September 2012

Facts, in brief, as per the relevant orders are that return declaring income of `1,92,16,940/- filed on 29-09-2009 by the assessee, providing consultancy of automotive components, was selected for scrutiny with the service of notice u/s 143(2) of the..

Posted in Taxation |   2379 hits

Computation of Income and disallowance of expenses relating to H.O cannot be made by invoking section 44C of IT Act

 03 September 2012

Briefly stated facts of the case are that the assessee is a commercial bank having its Head Office in U.A.E. The assessee has two branches in India i.e. Mumbai and Bangalore. It is involved in normal banking activities including financing of foreign ..

Posted in Taxation |   1743 hits

Govt. employee also liable to suffer consequences of getting involved in corruption

 03 September 2012

The petitioner who in the year 1985 joined BSF as a Constable has filed the present writ petition seeking prayer for quashing the order of dismissal dated 7th October, 1996 passed by a Summary Security Force Court by the Comdt. 25 Bn BSF on a charge ..

Posted in Civil Law |   1850 hits

All acesesories of computer cannot work in isolation allowed depreciation @60% and expenditure on exempt income cannot be allowed

 01 September 2012

There are several ground raised by Revenue as well as assessee please check the judgment to obtain the fact of the case. ..

Posted in Taxation |   2802 hits

Whether employee voluntarily retired cannot take participate in pension scheme

 01 September 2012

The origin of the claim was traced in the decision to employees of DTC having filed a petition in the Supreme Court praying that DTC be directed to frame and bring into operation a pension scheme. DTC gave an assurance to the Supreme Court that it wo..

Posted in Civil Law |   2153 hits

Depreciation on construction in integral part of the plant

 01 September 2012

On the facts and circumstances of the case, the order passed by the learned Commissioner of Income Tax (Appeals), CIT(A) is bad, both in the eyes of law and on facts. 2. On the facts and circumstances of the case, the learned CIT(A) has erred, both ..

Posted in Taxation |   2411 hits

If third person entitled to receive under obligation from assessee cannot be consider as diversion of income

 31 August 2012

Facts, in brief, as per relevant orders are that return declaring income of ``1,19,38,802/- filed on 28.10.2005 by the assessee, a partnership firm carrying on the profession of Ophthalmology surgeons, was processed u/s 143(1) of the Income-tax Act, ..

Posted in Taxation |   1347 hits

Mistake indetermining the rate of tax cannot be consider as consealment of income

 31 August 2012

Brief facts of the case are that the assessee has declared long term capital gains of `.1,28,258,902/- out of which long term capital gain, of `.3,75,902/- pertained to listed shares. The entire LTCG was claimed as exempt under section 10(38) includi..

Posted in Taxation |   1219 hits

Jurisdiction of the court to allow either party to amend his pleadings at any stage necessary for solution of real question

 31 August 2012

The petitioners had filed a suit for declaration and permanent injunction against the respondent MCD on the averments that plaintiff No. 2 (petitioner No. 2 herein) is the owner of plot in Khasra No. 262, 258 & 217/4 in village Bharola, Delhi, but, t..

Posted in Civil Law |   2451 hits

Relief claimed barred by limitation act cannot be allowed

 31 August 2012

This is a suit for declaration and injunction. The plaintiff claims to be the true and authentic sports federation formed in the year 1977 for promoting sports of “Throw Ball‟ in the country. The plaintiff was registered at Jind, Haryana, vide regist..

Posted in Civil Law |   3064 hits

After 1st April not necessary to established the debt is irrecoverable and enough to written off

 30 August 2012

facts, in brief, as per relevant orders are that return declaring nil income, after set off of business loss of ``568,87,510/- , filed on 31.10.2005 by the assessee, engaged in the business of publishing of telephone directory with yellow pages, was ..

Posted in Taxation |   1208 hits

Absence of communication for non appearance can treat the appeal to be unadmitted

 30 August 2012

In the case of Commissioner of Income-tax vs. Multiplan India (P) Ltd.; 38 ITD 320 (Del), the appeal filed by the revenue before the Tribunal, which was fixed for hearing. But on the date of hearing nobody represented the revenue/appellant nor any co..

Posted in Taxation |   1116 hits

In the situation of outstanding liability of rent company cnnot proceed to wind up

 29 August 2012

The Appellant herein as landlord filed a suit for eviction against the respondent company on the ground of default in making payment of the rents and also on grounds of reasonable requirement, in the City Civil Court at Calcutta, under the provisions..

Posted in Corporate Law |   2655 hits

Explanaion of section 73 is not applied in the transaction of govt securities and expenditure claimed must be accompanied by evidence

 29 August 2012

The learned Assessing Officer has erred in disallowing Rs. 25.00 lacs, on ad hoc basis, towards share trading expenses on erroneous assumption that the appellant has incurred expenditure towards speculation business and allocated on proportion basis ..

Posted in Taxation |   1131 hits