Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Judgments and Orders

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 |   1642 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 |   1209 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 |   1330 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 |   1685 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 |   1790 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 |   1946 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 |   1177 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 |   1331 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 |   1143 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 |   1502 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 |   1171 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 |   3218 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 |   3513 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 |   1762 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 |   1059 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 |   1496 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 |   999 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 |   1222 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 |   1424 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 |   2701 hits