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Judgments and Orders

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 |   1501 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 |   1006 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 |   1233 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 |   1429 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 |   2719 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 |   2277 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 |   1660 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 |   1346 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 |   1837 hits

Exemption available to the depreciable asset under section 54E cannot be denied by referring to the fiction created under section 50

 13 August 2012

Briefly stated the facts of the case are that the assessee is a Private Limited Company engaged in manufacturing of Rubber products and having manufacturing unit at Andheri and Grant Road. For the year under consideration, the appellant company decla..

Posted in Taxation |   1553 hits

AO can reassess issues other than the issues proceedings were initiated but he was not justified when the reasons for the initiation of those proceedings ceased to survive

 13 August 2012

On the facts and in the circumstances of the case as well as in law the Ld. Commissioner of Income Tax (Appeals) grossly erred in upholding the action of ld. Assessing Officer in treating the loss on sale of shares as capital loss which is otherwise ..

Posted in Taxation |   1506 hits

Noncompliance, the provisions of the Hazardous Wastes Rules, 1989, should be declared as unconstitutional

 11 August 2012

The basic grievance of the Writ Petitioner was with regard to the import of toxic wastes from industrialized countries to India, despite such wastes being hazardous to the environment and life of the people of this country. The Writ Petitioner sought..

Posted in Constitutional Law |   2019 hits

Income by non resident company is to be taxed only after considering the provision of DTAA

 11 August 2012

The grounds of appeal read as under:- i) The Ld. Commissioner of Income Tax (A)-II, Dehradun has erred in law and in the facts and circumstances of the case in upholding the order passed by the Assessing Officer u/s. 143(3)/254 of the I.T. Act, 19..

Posted in Taxation |   1342 hits

If there is sufficient cause for non appearance than the ex-party order can be recalled

 11 August 2012

We have carefully considered the submissions of the rival parties and perused the material available on record. After having satisfied about the reasons submitted by the assessee and considering the facts and circumstances of the case, we are of the ..

Posted in Taxation |   1752 hits

Constitutional validity under article 32 of Section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974

 10 August 2012

The central issue in this petition under Article 32 of the Constitution concerns constitutional validity of Section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short, ‘COFEPOSA’) to the extent it emp..

Posted in Constitutional Law |   2341 hits

Payment made to foreign company for service rendered in the nature of business not chargeable to tax in India in the absence of permanent establishment

 10 August 2012

We have carefully considered the submissions of the rival parties and perused the material available on record. The undisputed facts of the case in brief are that the assessee company is a fully owned subsidiary of Yahoo. Inc. USA which is engaged in..

Posted in Taxation |   1119 hits

Accrual of income is a well-known concept of taxation jurisprudence

 10 August 2012

Your appellant submits that your appellant has not received any interest from the Partnership firm and as such the learned CIT(A) ought to have considered this and ought not to have confirmed the addition of Rs.6,56,049/- made by the learned A.O. on ..

Posted in Taxation |   1067 hits

Gift deed in the absence of sign, relationship between donor and donee and proper reason cannot be treating as valid

 09 August 2012

Question raised in the case is. Whether on the facts and circumstances of the case the Ld. Commissioner of Income Tax (A) was justified in rejecting the appeal of the assessee and confirming the order of the ITO, Ward 32(3) and confirming the additio..

Posted in Taxation |   1251 hits

Loss in derivatibes before 25.01.2006 by assessee having status of NBFC with certificate from RBI cannot treat as speculation loss

 09 August 2012

The ground raised in the appeal is that on the facts of the case and in law the Ld. Commissioner of Income Tax (A) erred in confirming that the Derivative Loss of ` 1,15,880/- on dealing in future and option derivatives of shares in Recognized Stock ..

Posted in Taxation |   1157 hits

If the petitioner fails to submit the supporting document after giving proper opportunity appeal deserve to be dismissed

 09 August 2012

The facts of the case in brief are that on 25.01.1992, petitioner was working as Manager of the Bank at Connaught Circus, New Delhi. He was placed under suspension and was served with a charge-sheet dated 21.01.1992, followed by another chargesheet d..

Posted in Civil Law |   2371 hits