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Judgments and Orders

Right of the employer to transfer employee from one office to another is subject to agreement entered into between them

 12 July 2012

The respondent-workman’s case was that his transfer to Jaipur was mala fide. He had raised an industrial dispute challenging his transfer and that dispute came to be referred to the Industrial Tribunal by the appropriate Government. The industrial tr..

Posted in Civil Law |   3894 hits

Whether manufacturer required to reverse amount of cenvate credit taken for clearing goods under exemption from excise of provision orf Rule 6(1)

 12 July 2012

Whether a manufacturer is required to reverse/pay the amount equivalent to the CENVET credit taken by him in respect of inputs which are proved to have been used in the manufacture of goods which have been cleared under exemption from excise duty, in..

Posted in Taxation |   1160 hits

AO has to determine amount of such expenditure on the basis of a reasonable and acceptable method of apportionment to disallow under sec 14A

 12 July 2012

The only issue for consideration relates to disallowance u/s 14A of the Act. The facts of the case stated in brief are that during the year under consideration the assessee company had earned dividend income of Rs.5,32,09,158/- and claimed the same a..

Posted in Taxation |   1166 hits

If the petitioners fails to satisfied the Court that the award is neither legally nor factually sustainable the same deserve to be dismissed

 11 July 2012

The facts, as disclosed from the record, in a nutshell are that the petitioner was initially engaged as a helper/tyreman in the petitioner Corporation on 4.9.1997, on monthly remuneration of Rs.1500/-. He was asked to execute an agreement in the mont..

Posted in Civil Law |   1592 hits

In Pension Scheme several parameters for existing members are to be consider for determining amount of pension

 11 July 2012

In the Pension Scheme, several parameters for existing members, like date of birth of member in service and on calculating the age as on 15.11.1995 for categorizing them in groups are provided which was also considered from the date of joining of his..

Posted in Corporate Law |   2544 hits

Non compete fees received is assessable to tax under the head business income and section 28 is applied

 11 July 2012

At the time of hearing the learned counsel for the assessee fairly submitted that identical issue has come up in the case of Ramesh D. Tainwala in ITA No. 3853/Mum/2010 wherein the ITAT “D” Bench Mumbai concluded that provisions of section 28(va)(a) ..

Posted in Taxation |   1612 hits

As per section 357 imprissionment only on default of payment of compensation subject to the condition of the order

 10 July 2012

The case of the complainant is that on 10/9/2001, the accused and his wife jointly borrowed a sum of Rs.5 lakhs from him and executed a promissory note in his favour. The accused also issued a cheque dated 14/5/2002 in favour of the complainant towar..

Posted in Criminal Law |   2061 hits

Non submission of the details of creditors due to seized of books of accounts by the revenue cannot be treated as ground for making addition

 10 July 2012

The first assessment order was passed in this case u/s.143(3)/144B on 12.04.1984. A search & seizure operation was conducted in the case of the assessee on 04.11 .1982. Various documents and books of accounts were seized and the contents of such seiz..

Posted in Taxation |   1244 hits

It is the duty of Ld CIT to find out to what extent the estimate already made by the AO

 10 July 2012

Adverting first to ground no.1 in the appeal, facts, in brief, as per relevant orders are that return declaring income of ``5,06,170/- filed on 31.07.2008 by the assessee, was selected for scrutiny with the service of a notice u/s 143(2) of the Incom..

Posted in Taxation |   966 hits

It is the duty of the administrative officer to ensure compliance of the notification under sec 3(1) breach of which entail punishment under the contempt of court Act

 09 July 2012

On 3.12.2010, this Court expressed the view that the petitioners have not taken steps to implement the notification and directed their counsel to make a statement on the issue of closure of all commercial and tourist establishments within the Buffer ..

Posted in Civil Law |   1742 hits

Non-consideration of the submissions does constitute mistake and the order can recall

 09 July 2012

We have perused the records and considered the matter carefully. It is clear from the records that the assessee had filed written submissions on 20.9.2010 but the same was put up before the Bench only on 24.9.2010 when the order had already been pass..

Posted in Taxation |   1623 hits

Mere absense of intention in donation under sec 12AA cannot treat it non corpus fund and such fund cannot included in the income

 09 July 2012

The brief facts of the case are that assessee is a trust. It has filed its return of income for assessment year 2008-09 on 30th September, 2008 declaring nil income. According to the Assessing Officer, the assessee trust was created by the settler Sh..

Posted in Taxation |   1611 hits

Offence of culpable homicide not amounting to murder punishable under Section 304 Part I read with Section 34 IPC and sentence of imprisonment for 10 years and fine upheld

 07 July 2012

Facts giving rise to the commission of the offence by the appellants and their eventual conviction have been set out in the judgment under appeal which need not be recounted again especially because notice in this appeal was issued by us limited to t..

Posted in Criminal Law |   2315 hits

After establishment and before commencement expenditure under sec 35 can claim as revenue expenditure

 07 July 2012

Briefly stated assessee is in the business of manufacturing of Tocopherol Vitamin-E and mixed Tocopherol. AO completed the assessment under section 143(3) disallowing the expenditure claim at `.62,62,182/- and depreciation of `.16,11,204/- on the rea..

Posted in Taxation |   1468 hits

Mere taking a claim not sustainable in law, will not amount to furnishing inaccurate particulars regarding income of the assessee

 07 July 2012

The assessee is an individual who is the Managing Director of Cadence Design Systems India Pvt.Ltd. For the AY 2004-05, he filed a return of income at `1,75,05,081/- comprising of salary income at `1,02,72,400/- from Cadence Design Systems India Pvt...

Posted in Taxation |   918 hits

Sec 41(1) applies where deduction is allowed in earlier years in computing business income and assessee obtained benefit on the remession of the same in the next year

 06 July 2012

Section 41(1) has been incorporated in the Act to cover a particular facts situation. Section applies where a trading liability was allowed as a deduction in earlier years in computing the business income of the assessee and the assessee has obtained..

Posted in Taxation |   1714 hits

Exemption under sec 54G subject to the utilization of amount for the acquisition of asset for the purpose of the business witnin the prescribed time limit

 06 July 2012

Briefly stated, assessee filed return of income declaring total income at `1,57,02,407/- mainly consisting of capital gains. Assessee surrendered its tenancy rights and received an amount of `4,12,00,000/-. Out of this amount assessee has invested an..

Posted in Taxation |   1649 hits

Non communication of application for absence or adjournment may deserved the appeal to be dismissed

 05 July 2012

If the party, at whose instance the reference is made, fails to appear at the hearing, or fails in taking steps for preparation of the paper books so as to enable hearing of the reference, the court is not bound to answer the reference..

Posted in Taxation |   1279 hits

Provisions relating to TDS not applicable on expenses crystallized and paid after the end of the year which allowed as deduction in subsequent year

 05 July 2012

On the facts and in the circumstances of the case and in law the ld. CIT(A) failed to appreciate that expenses of Rs.4,13,52,970/- was not incurred by the assessee wholly and exclusively for the purpose of its own business. On the facts and in t..

Posted in Taxation |   3823 hits

AO to disallow under sec 40A((2)(b) should establish that the benefits given to the related party more than the faire market value

 04 July 2012

Facts, in brief, as per relevant orders are that return declaring nil income after adjusting brought forward loss of ``10,74,016/-. under the normal provisions and book profits of `8,67,496/- in terms of the provisions of section 115JB of the Income-..

Posted in Taxation |   5936 hits