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Judgments and Orders

Terms and condition of memorandum of settlement is to be bound on all the party under section 391 and 394 of Companies Act

 19 July 2012

In sequel to orders passed by this Court with the earnest efforts of Mediators, namely, Mr. J.S. Bhogal, Senior Advocate and Mr. Pawan Thakur, Advocate, the matter has been amicably settled between the parties. The parties have jointly placed on reco..

Posted in Corporate Law |   2632 hits

When the circumstances under consideration same as last year it is bound to follow the the order of tribunal of previous year

 19 July 2012

Assessee company is deriving income from doing hard chromium plating on textiles, embossing rollers, mirror rollers, machinery parts etc. and rent from its building premises at Worli. Return of income was filed on 26.09.2008 declaring net loss of 1.8..

Posted in Taxation |   1042 hits

When nither proof in support of claim can be requisitioned nor expenditure can be judged it is not possible ti interfere with the finding of the CIT

 18 July 2012

Capital expenditure debited to P&L account: In the Tax Audit Report, the auditor has identified the amount as capital expenditure. The details of the same have been furnished in the Annexure 1 to the Audit Report. Accordingly, the same was clearly di..

Posted in Taxation |   1005 hits

According to Order VII Rule 11, Rule 14(1) and Rule 14(2) that in the absence any cause of action suit cannot be proceed

 18 July 2012

On 07.01.1990, the appellant-Society (first defendant), the owner of the property situated at Door No. 35, Lock Street, Kottur, Chennai entered into an Agreement for Sale of the property in favour of one S. Velayutham - 2nd defendant in the suit on t..

Posted in Civil Law |   2869 hits

If variation in estimated and recorded cost is less than 10% is allowed to the assessee towards self supervision

 18 July 2012

Even on the facts, it is noticed that the D.V.O has estimated the cost of construction at Rs.. 29,06,032/- as against the cost of construction recorded by the assessee of Rs.26,29,160/-. The variation is amount of Rs. 2,76,863/,- which is less than 1..

Posted in Taxation |   1114 hits

Conviction under section 25 of Arms Act entitiled the benefit of doubt regard to the offence under section 302 and 460 read with section 34 of IPC

 17 July 2012

The short case of the prosecution is that on 06.06.2001, H.C. Brij Pal (PW 11), who was posted in the PCR, received an information at about 10.35 PM that firing is taking place at Savitri Nagar near a sweet shop. Accordingly, PW 11 alongwith other po..

Posted in Criminal Law |   4636 hits

Penalty under sec 271(1)( C ) not impossible on debatable issues

 17 July 2012

In appellate proceedings, Ld. CIT(A) allowed the assessee’s claim that the interest income of ` 13,17,241/- was not to be taxed as income from other sources. However, ITAT vide its order in ITA No. 1378/Del/2005 dated 25.3.2008 reversed the order of ..

Posted in Taxation |   1790 hits

Only to avail higher credit limit balance sheet with difference in amount cannot be submitted with Bank

 17 July 2012

That in a case were the assessee has filed two sets of audited accounts one before the assessing officer and the other before the Bank for which loans were taken. The CIT(A), erred both in the Laws and in Facts in not invoking the provisions under c..

Posted in Taxation |   1165 hits

Prevention of Corruption Act, 1988 ( Taj Heritage Corridor Project case ) petitioner- Mayawati

 12 July 2012

The only question raised in this writ petition, filed under Article 32 of the Constitution of India, is as to whether FIR lodged under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 against the petitioner herein to..

Posted in Civil Law |   2664 hits

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 |   3926 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 |   1184 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 |   1188 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 |   1647 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 |   2612 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 |   1644 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 |   2096 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 |   1292 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 |   1007 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 |   1779 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 |   1690 hits