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Judgments and Orders

If proper source of capita and share premium is not shown than addition can be made under sec 68 of IT Act

 23 June 2012

On the facts and in the circumstances of the case and in law, the CIT(A) has erred in deleting the addition of Rs.9,96,50,000/- made by the Assessing Officer u/s 68 of the I.T. Act, 1961 being the unexplained share capital and share premium of Rs.1,0..

Posted in Taxation |   1497 hits

Appeal dismissed under Rule 19 can be recalled by the appellant after showing proper reason of non proseqution

 22 June 2012

From the judgment it is cleared that the assessee is not interested in the prosecution of this appeal. Considering the facts and keeping in view the provisions of Rule 19 of the Income Tax Appellate Tribunal Rules, as were considered in the cases of ..

Posted in Taxation |   1167 hits

Non appearance for proseqution after issuing notice under sec 143 & 142 than the assessement is to be done as per sec 144

 22 June 2012

None appeared on behalf of the assessee when the appeal was called for hearing nor any request for adjournment was filed. Even before the Assessing Officer[AO in short], none appeared while last notice dated 9.12.2010 issued u/s 143(2) & 142(1) of th..

Posted in Taxation |   1260 hits

Whether addition can be made on items in respect of which no incriminating material is found in search in assessement under sec 153A

 21 June 2012

Opinion amongst different benches of the Tribunal in respect of scope of assessment framed u/s 153A, i.e. whether addition can be made on items in respect of which no incriminating material is found in search. The decisions in favour and against of t..

Posted in Taxation |   1359 hits

Provisions of section 40(a) are not applicable in case of charitable trust or institution where income and expenditure is computed in terms of section 11

 21 June 2012

The relevant facts for adjudication of ground No.1 are that the assessee is a charitable institution engaged in carrying out religious and charitable activities within the ambit of section 2(15) of the Income Tax Act. These charitable activities have..

Posted in Taxation |   1668 hits

conservation and protection of the Island’s unique environment : Section 3 of the Environment (Protection) Act, 1986

 21 June 2012

Facts: These appeals have been filed by the Union Territory of Lakshadweep against an order dated 16th January, 2012 passed by the High Court of Kerala at Ernakulam whereby the High Court has directed the appellants to process the applications mad..

Posted in Civil Law |   1259 hits

When the agreement is clear that the expenses included cannot be recovered from the charterer as lease rentals so there is no applicability of sec 92CA(3)

 20 June 2012

The brief facts in apropos these grounds are that the assessee, Boskalis Dredging India P.Ltd, is a company incorporated in India on 5th January,1996. It is engaged in the business of undertaking inter alia capital and maintenance dredging projects a..

Posted in Taxation |   1373 hits

Whether premium on sale of export quota is covered by Section 28(iiia), (iiic) and accordingly, has to be included while computing the deduction uneder sec 80HHC(3)

 20 June 2012

Section 80HHC- Deduction in respect of profits retained for export business.— xxx (3) For the purposes of sub-section (1),-- (a) where the export out of India is of goods or merchandise manufactured or processed by the assessee, the profits deriv..

Posted in Taxation |   1311 hits

Quantum of sentence - " Rarest of rare " case / offences under Section 302, 316 read with Section 34 ( IPC )

 20 June 2012

Facts : Verma (PW-1) along with SubInspector Chander Pal Singh (PW-2), were on patrolling duty; They stated to have seen through the focus light of the police jeep two young men trying to pull out a girl in an injured condition by opening the rea..

Posted in Criminal Law |   3349 hits

Scheme of Amalgamation should fulfilled the condition of sec 391 to 394 of the Companies Act 1956

 19 June 2012

Company Petition No.95 of 2004 was a petition under Sections 391 and 394 of the Companies Act, 1956 (hereinafter referred to as „the Act‟) vide which sanction of this Court to the scheme of Amalgamation of Indrama Investment Private Limited (transfer..

Posted in Corporate Law |   4923 hits

Liability to pay tax, which is founded on the charging provisions of the statute, is not to be nullified on unjustified pleas taken by the assessee

 19 June 2012

The observation of the case is giving rise to the aforesaid substantial question of law are these. The assessee is a partnership firm consisting of two partners namely Manoj Gupta and his wife Shallu Gupta. It filed a return of income on 02.12.2003 ..

Posted in Taxation |   1185 hits

AO cannot make addition after maintaining complete books of account with the Tax Audit report only on the basis of entries made on 31st March

 19 June 2012

The brief facts of this issue are that while doing the scrutiny assessment Assessing Officer has added an amount of Rs.23,49,260/- by observing that: “During the course of survey, a compact disc containing books of a/cs. were impounded. The print ..

Posted in Taxation |   1174 hits

When information is such which on a purposive construction of sec 8 is exempt from disclosure

 18 June 2012

This intra court appeal impugns the order dated 22nd December, 2010 of the learned Single Judge dismissing in limine WP(C) No. 8558/2010 preferred by the appellant. The said writ petition was preferred impugning the decision dated 12th November, 2010..

Posted in Civil Law |   1560 hits

As per the SC decision onus of proving what was apparent is not real is on the party who claim it to be so

 18 June 2012

From the observation we came to know that only claiming fact is not enough to appreciate the appropriate authority to accept the contention and decide in favor of the appellant, the appellant must give proper supporting evidence. ..

Posted in Taxation |   1241 hits

Rental Income from letting out of terrace is to considered as income from house property subject to deduction under sec 24

 18 June 2012

The brief facts of the above issue are that it was found by the Assessing Officer that the assessee has allowed M/s. Hutchison Max Telecom Ltd. to erect the tower on their terrace in consideration of an amount of ` 5,93,700 and claimed as income from..

Posted in Taxation 1 comments |   4562 hits

Petition under Section 438 Cr.P.C. for grant of anticipatory bail

 18 June 2012

As per version of the complainant namely Kamini, she had come into contact with the accused/petitioner no.1 namely Ankur Bhanot on the Facebook, wherein he had proposed her for marriage. In pursuance thereto a Roka ceremony was held in Amritsar, wher..

Posted in Criminal Law |   4561 hits

After cross-examination of their witnesses, the petitioner would be given an opportunity to examine witnesses in his defence

 16 June 2012

The petitioner before us is teaching in Ramjas College of Delhi University and took over charge as its Vice-Principal in January, 2007. 04 male students of the College submitted complaints alleging sexual harassment at the hands of the petitioner, to..

Posted in Civil Law |   2850 hits

As pers sec 11A if Cenvate Credit taken on capital goods and removed as such than assessee liable to refund the credit taken

 16 June 2012

The brief facts leading up to the filing of the present appeals may be noticed. M/s. Harsh International Pvt. Ltd., one of the appellant, herein, is a company engaged in the manufacture of chewing tobacco. It was registered under the Central Excise L..

Posted in Taxation |   2128 hits

In case of concealment of income in return deduction under sec 80HHC is allowed appropriately and expenses related to business only allowable

 16 June 2012

Briefly stated, the facts of the case are that the assessee filed its return of income on 30.10.2002, inter alia claiming the deduction u/s.80HHC. The return was proceeded u/s.143(1)(a). There was no regular assessment under the provisions of the Act..

Posted in Taxation |   1330 hits

When witness from distance places sought to be summoned prosecution have to bear additional burden on expenses and in such situation court can transfer the case

 15 June 2012

Observation of the case is When witnesses from distant places are sought to be summoned, early conclusion of the trial becomes so much more difficult apart from the fact that the prosecution will have to bear additional burden by way of travelling ex..

Posted in Criminal Law |   2279 hits