Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Judgments and Orders

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 |   1199 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 |   1186 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 |   1574 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 |   1252 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 |   4568 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 |   4574 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 |   2862 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 |   2136 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 |   1337 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 |   2292 hits

Limitation being a matter of procedure, only that law that is applicable at the time of filling the appeal so sec 74A(2)(b) of DVAT would apply

 15 June 2012

By way of this writ petition, the petitioner has challenged the show cause notice dated 02.02.2010 pertaining to the assessment year 2003-2004 primarily on the ground that the said show cause notice is barred by time. By virtue of the said show cause..

Posted in Taxation |   1122 hits

Notice issued under sec 143 on or before September 2011 is barred by limitation as per second provision to sec 153(1)

 15 June 2012

The petitioner had filed return of income for the assessment year in question under Section 139(4) of the Act on 6th October, 2010. The contention of the petitioner is that the Assessing Officer could have initiated scrutiny assessment proceedings by..

Posted in Taxation |   2028 hits

Arbitration agreement on the death of the named arbitrator :

 14 June 2012

Facts - The petitioner by way of Agreement transferred land to the respondent - the Collector, Porbander , Revenue Department, State of Gujarat said lands were transferred to the respondent without prior permission of the Collector and as such the p..

Posted in Corporate Law |   1930 hits

Acquittal based on mis-appreciation of evidence is deserved to be reverse

 14 June 2012

One Smt. Batasi Devi (PW.2) lodged an FIR on 2.2.1996 in Haraiya Police Station alleging that her daughter Renu, aged 5-6 years, was found dead on her cot in Muradipur, the village of her maternal grandmother on 30.1.1996 at about 9.00 p.m. Initially..

Posted in Criminal Law |   1997 hits

As per clause 11 expenses incurred for promotion of branded jewellery which give enduring benefit to the assessee can claim deduction

 14 June 2012

The factual matrix of the case is that the assessee-company is engaged in the business of licensing, manufacturing, distribution and selling of diamonds under the brand “Nakshatra”. In the course of scrutiny proceedings, the Assessing Officer noted t..

Posted in Taxation |   1055 hits

Expenses related to business can claime as deduction and show cause notice is not condition precedent for charging interest under sec 217

 14 June 2012

In paragraph 2 of the judgment, it was pointed out by this Court that the learned counsel for the assessee/appellant confined his grievance only to disallowance of payment of `2,00,000/- made to one Mr. Sunil Kumar. This issue has been considered and..

Posted in Taxation |   961 hits

Execution proceding cannot be taken out against a shell company having no asset.

 13 June 2012

The Arbitrator commenced proceedings and a statement of claim was filed on behalf of the respondent. The appellant filed its defence statement-cum-counter claim and, the case was listed for admission / denial of documents on 30.04.2003. The appellant..

Posted in Corporate Law |   2084 hits

In case of no contrary view by superior and in the absence of supporting document exemption under sec 11 is allowed

 13 June 2012

In the facts and circumstances of the case and in law the learned CIT(A) has erred in directing the AO tog grant exemption u/s. 11 of the I.T Act to the assessee trust when the order dt. 31.12.2008 u/s. 12AA(3) of the Act has been appealed before the..

Posted in Taxation |   937 hits

Company registered with the object of advancing loan on interest can set off its loss with its earning of interest from bank deposite

 13 June 2012

Facts, in brief, as per relevant orders are that return declaring nil income filed by the assessee, was selected for scrutiny with the service of a notice u/s 143(2) of the Income-tax Act, 1961 (hereinafter referred to as the Act), issued on 27th Aug..

Posted in Taxation |   1124 hits

Any act of the Respondend contrary to the procedure of law and prejudice to any party is liable tobe setaside

 12 June 2012

The brief facts of the case are that the petitioner joined the services of the respondent bank as a clerk in December, 1969 and has arisen upto the position of Chief Manager of the bank. On 30.01.2007, respondent had served memorandum of even date..

Posted in Civil Law |   1492 hits