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Judgments and Orders

Inflation of capital gain by showing higher purchase price and paying tax under section 115JB is not questionable

 29 August 2012

The facts in brief are that the assessee for the assessment year 1999-00 had declared long term capital loss of Rs.4,01,75,013/- on sale of shares which had been set off against short term capital gain from sale of shares of Rs.3,98,40,597/- and thus..

Posted in Taxation |   1130 hits

In matters of administration of the internal affairs of a University, the courts should be most reluctant to interfere

 28 August 2012

It is alleged that on 02.02.2010 Craig Mcleod grossly misbehaved on campus with two Professors of the University. As a result of the incident, a First Information Report was lodged with the police and the Proctorial Board of the University took an em..

Posted in Civil Law |   1786 hits

Cheque payment is enough to prove payment and deduction for staff welfare si allowed only if made by assessee

 28 August 2012

The Ld. CIT (A) erred in confirming disallowance of Rs. 47,59,846/- being payment made to the sub-contractors on the ground that identification of these sub-contractors are not proved without properly appreciating the facts of the case and law applic..

Posted in Taxation |   1121 hits

Condition of section 68 treated to be fulfilled by furnishing necessary materials with supporting evidence

 28 August 2012

Facts indicate that Assessing Officer made addition of Rs.1,98,64,646/- as unexplained cash credit u/s 68 of the Act against which assessee preferred appeal in which action of he Assessing Officer in regard to addition u/s 68 of the Act was challenge..

Posted in Taxation |   1204 hits

If the person at whose instance reference is made fails to appear appeal deserved to be dismissed

 25 August 2012

These cases were listed for hearing before the Tribunal on 06-8-2012 and for this assessee was informed. Today i.e. on 06-8-2012 when the case was called on board, none appeared on behalf of the assessee nor any request for adjournment has been filed..

Posted in Taxation |   1252 hits

In case of liver transplant donor must be informed all possible outcomes

 25 August 2012

For this purpose the petitioner says that he has obtained requisite permission including a NOC from the Organ Transplantation Committee constituted by the State of U.P, and a NOC from the District Magistrate, AGRA. Reliance is also placed by the peti..

Posted in Civil Law |   1649 hits

Ground not press at the time of hearing deserved to be dismissed

 25 August 2012

We first take up the dispute relating to additions of unsecured loans under section 68 of the Act. The AO during the assessment proceedings noted that the assessee who was engaged in the business of film production and marketing, had declared unsecur..

Posted in Taxation |   1216 hits

In case of developer firm it is not necessary that in every assessment year actual construction activity should be carried out

 24 August 2012

The Learned CIT (Appeals) failed to appreciate that the amount offered during Survey u/s 133A carried out on 13/02/07 was not offered as any cash or other investments were recovered during the survey, but as there were mere entries without any narrat..

Posted in Taxation |   1334 hits

Objection to notice must be disposed of first and only thereafter assessment can be proceede

 24 August 2012

As per a Supreme Court decision, objection to notice must be disposed of first and only thereafter assessment can be proceeded. The objections dated 16.3.2010 were disposed of by Income-tax Officer on 22.10.2010 and notice u/s 143(2) is dated 15.9.20..

Posted in Taxation |   1688 hits

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 |   1807 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 |   1951 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 |   1182 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 |   1341 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 |   1147 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 |   1507 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 |   1176 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 |   3236 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 |   3556 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 |   1780 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 |   1068 hits