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Judgments and Orders

Non appearance without application for adjournment can make the appeal deserve to be dismissed

 28 June 2012

None appeared on behalf of the assessee when the appeal was called for hearing nor any request for adjournment was filed. Earlier also none appeared on behalf of the assessee on 21.2.2012. In these circumstances, it , therefore, appears that the asse..

Posted in Taxation |   1462 hits

As per rule 134(6) recording of reasons in writing before suspension of the NSOP to safeguard the rights of the licensee against arbitrary is malafiled on the part of the state

 28 June 2012

The case of the petitioners in W.P.(C.) No. 2775/2012 is that petitioner No. 1 Global Vectra Helicorp Ltd. (herein referred to as Global Vectra) is a company registered under the Companies Act, 1956. Petitioner No. 2 is a Citizen of India and working..

Posted in Civil Law |   2263 hits

Petition under sec 321 Cr.P.C cannot be file without any basis

 26 June 2012

As per the case of the prosecution, the petitioners, who are stated to be the Directors of M/s Sunair Hotels Limited, approached M/s VLS Finance Limited around December, 1994 with a proposal to finance a hotel project likely to be set up in Gol Marke..

Posted in Criminal Law |   5359 hits

Where income is taxable on receipt basis it will be taxed only on actual received and interest under sec 234B and C also have same effect

 26 June 2012

The facts of the case for assessment year 2003-04 are that the assessee filed its return on 28.11.2003 showing total income of ` 2,45,83,770/-. The assessee is tax - resident of the USA and it is earning income of the nature of the royalty from Yum R..

Posted in Taxation |  1 comments |   3330 hits

As per instruction 3/2011 issued by CBDT on 09.02.2011 if tax effect less than 3 lakh appeal cannot be made before Appeallat Tribunal

 26 June 2012

At the threshold, we note that tax effect in this case is less than `3 lacs fixed by the CBDT for filing appeal before the tribunal. As per Instruction No. 3/2011 (F.No. 279/Misc./142/2007-ITJ) dated 09.02.2011 issued by the CBDT, the tax effect for ..

Posted in Taxation |  3 comments |   2813 hits

As per sec 14 and 15 the arbitration clause if clearly spelt out the prohibition the cannot intervene and pressurise the parties to settle with substitute arbitrator

 25 June 2012

The petitioner submits that both Shri N.A. Palkhivala and Shri D.S. Seth are no more and therefore the arbitration clause in the agreement does not survive. It was pointed out that Shri N.A. Palkhivala was named in the agreement since he was the Chai..

Posted in Corporate Law |   3034 hits

Application under sec 12AA/80G cannot be rejected without giving opportunity for submission of all documents

 25 June 2012

Brief facts of the case explained below: The assessee moved applications u/s 12A(1)(aa) and U/s 80G(5)(vi) of the Income Tax Act. The applications were accompanied by a copy of trust deed dated 27-12-2010 to the CIT, Rohtak on 9-3-2011. CIT calle..

Posted in Taxation |   3193 hits

Deduction under sec 36 (1) (iii) of the Act is allowed only after proving that the borrowed fund is utilized for business purpose

 25 June 2012

From the observation of the Judgment we can find the fact that the interest paid by the assessee on borrowed fund can claim as deduction only if the fund is utilized for business purpose...

Posted in Taxation |   2968 hits

All public authority is mandated under Section 4 (1) (b) (xii) of the RTI Act to publish the details of the beneficiaries of any subsidy given by the government

 23 June 2012

The submission of learned ASG Sh. A.S. Chandhiok, firstly, is that a perusal of the impugned order shows that the CIC has equated donations made by the President with subsidy, which is not the case. It is also submitted that the learned CIC has not d..

Posted in Civil Law |  1 comments |   1641 hits

AO can made addition under sec 14A read with rule 8D the dividend received from investment out of surplus fund

 23 June 2012

This appeal of the assessee is directed against the order passed by the CIT (A)- IV, New Delhi, dated 17.02.2012, relevant to assessment year 2008-09, whereby confirmation of addition of Rs.2,56,019/- on account of estimated expenditure u/s 14A of th..

Posted in Taxation |   1538 hits

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 |   1507 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 |   1173 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 |   1273 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 |   1368 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 |   1681 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 |   1273 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 |   1384 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 |   1321 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 |   3361 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 |   4949 hits