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Judgments and Orders

Expenses to maintain relationship in business is allowable and rent received by sub-lessor cannot be treated as income of first lessor

 04 June 2012

On the facts and circumstances of the case and in law, the learned CIT(A) erred in upholding the action of the AO in disallowing an ad-hoc amount of Rs. 1,25,000/- towards gift expenses on the alleged ground that the gift expenses are not incurred wh..

Posted in Taxation |   1594 hits

As per IT circular May 15’2008 if the same issue in respect of the same assessee for other assessment year department cannot file appeal if tax effect less than 4 lakh

 04 June 2012

Before us, both the learned Representatives agree that the tax effect in the Revenue’s appeal is less than ` 3,00,000. As per CBDT Instruction no.3 of 2011, dated 9th February 2011, the appeal before the Appellate Rishabh Investments P. Ltd. Tribuna..

Posted in Taxation |   1146 hits

Chances to restrain from payment under bank guarantee on ground of froud is narrow afforded by law

 02 June 2012

The instant appeal concerns, two of the several purchase orders placed by the respondent „Milkfood Ltd.‟ upon M/s.Dany Dairy Food Engineer Ltd. (DDFE) i.e. the purchase orders dated May 25, 1988 and September 10, 1988, for due performance of which, a..

Posted in Civil Law |   1990 hits

Declration of additional income by assessee cannot be disallowed under sec 10A without proper record

 02 June 2012

Briefly stated facts of the case are that the assessee company is engaged in the business of manufacturing of Soya Oil. In the case of Ruchi Soya Group, a search and seizure action u/s 132(1) of the Income Tax Act 1961 (the Act) was carried out by th..

Posted in Taxation |   1589 hits

TDS deposited before the filling of return cannot be disallowed under sec 40(a)(ia)

 02 June 2012

We find that the only grievance of the Revenue is that the amendment brought in the Income Tax Act u/s. 40(a(ia) was only effective from 1.4.2010 and not retrospective in nature..

Posted in Taxation |   2321 hits

Attempt to rape with minor and consequent death ( Sec - 302, 376, 511 )

 02 June 2012

Facts: Vineshwari along with her brother, ,was having a bath in the water. Kali Charan and Ganeshi, PW 2, were grazing their cattle in the field situate at a short distance. The accused-appellant, a resident of the village, cajoled Vineshwari to a..

Posted in Criminal Law |  1 comments |   2170 hits

As per Rule 22 CPC the Respondend can resist the appeal for reduction of compensation without filling any cross objection

 01 June 2012

The first Respondent (the Claimant) by virtue of the provision of Order XLI Rule 22 CPC can resist the Appeal for reduction of compensation on other grounds without filing of any Cross Appeal or Cross Objections. The question of resisting the Appeal ..

Posted in Civil Law |   2458 hits

After providing all information asked by ITO production of Books of Accounts under sec 44AD is not compulsory

 01 June 2012

The brief facts of this issue are that while doing the scrutiny assessment AO observed that “the assessee firm vas engaged in the business of developing and promoting. During the course of hearing, Sri Chakraborty, A/r of the firm, furnished various ..

Posted in Taxation |   1743 hits

After giving proper opportunity additional cannot be admitted as per sec Rule 46A except in the presence of sufficient cause preventing him to give earlier

 01 June 2012

An application for admission of additional evidence under Rule 46A of the IT Rules, whereby the AR filed copy of Bank A/c, passport and professional license issued to the firm in Dubai where Shri Sunil Bhatia, the Director of the appellant company is..

Posted in Taxation |   1503 hits

Demand for bribe and its acceptance by public servant :

 01 June 2012

Facts : Gajendra Jagatsinh Jadeja, was residing in Plot No. 1 in Virbhadranagar Society. As in the City Survey Office record, the name of his grandfather stood recorded in respect of the premises in question, the complainant in order to obtain the ..

Posted in Criminal Law |   3102 hits

As per clause 2(A) of Standing orders if a candidate faile to disclose in the application but disclose in the attestation candidature cannot be cancelled

 30 May 2012

The facts are that the respondent had filed an application dated 22.03.2006 seeking appointment as a Constable (Executive) with the Delhi Police. In the said application form, he had disclosed his alleged involvement in a criminal case arising out of..

Posted in Civil Law |   1804 hits

CIT must give proper opportunity of being heard to AO to explain the reason of his decision

 30 May 2012

At the time of hearing before us, the ld. DR appearing on behalf of revenue by pointing out the various observations made by AO and the ld. CIT(A) contended that ld.CIT(A) has given only 7 days for giving the Remand Report in respect of unexplained l..

Posted in Taxation |   1397 hits

Depreciation @ 50% on cars can be allowed only on the fulfillment of definition of Commercial Vechile

 30 May 2012

Brief facts relevant for adjudication of grounds No.1 & 2 are that the assessee is a company engaged in the business of manufacturing harness testers and measuring instruments. From the perusal of the Schedule of fixed assets forming part of the bala..

Posted in Taxation |   2157 hits

Benefit Of Doubt in Rape Charges ( Section 376 IPC )

 30 May 2012

Facts : Smt. Indira filed an FIR to the effect that when she was going from village Khirki to Chirag Delhi on that day at about 8 p.m., the appellant met her near Ganda Nala, he caught hold of her hand and dragged her and committed rape on her. Sh..

Posted in Criminal Law |  5 comments |   22878 hits

As per Article 226 migration certificate can be issued only on furnishing proof of deposit of fees

 29 May 2012

Briefly stated, the facts of the case are that Ms.Sneh Gupta, d/o Mr.Rakesh Kumar Gupta, petitioner herein (hereinafter referred to as the student) was admitted in I.P. College for Women, that is affiliated with the respondent No.1/University, in the..

Posted in Civil Law |   3370 hits

In the absence of interest of appellant Rule 19 of ITAT Rule 1963 is applied to dismiss the appeal

 29 May 2012

This case was listed for hearing before the Tribunal on 17-5-2012 and for this assessee was informed. Today i.e. on 17-5-2012 when the case was called on board, none appeared on behalf of the assessee nor any request for adjournment has been filed be..

Posted in Taxation |   1116 hits

Only on computer 60% depreciation is allowed not on networking equipment

 29 May 2012

On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in directing the Assessing Officer to allow depreciation @ 60% on ITG Networking equipments as against 25% allowed by the Assessing Officer..

Posted in Taxation |   2262 hits

If assessee do not received any notice than the decision taken cannot be consider as valid decision

 28 May 2012

At the time of hearing before us, it is stated by the learned counsel for the assessee that in this case, the notice of hearing was served by affixture. Thus, it is clear that no notice was actually received by the assessee ever. He further pointed o..

Posted in Taxation |   1184 hits

To appeal against any decision of the CIT Revenue must give proper proof otherwise deserved to be dismissed

 28 May 2012

On the facts and circumstances of the case, the ld. CIT(A) has erred in law as well as in facts in deleting the addition of `30,41,520/- made by the AO on account of sale value of free copies distributed by the assessee. On the facts and circumst..

Posted in Taxation |   1479 hits

Presence of power to grant interim reliefe cannot be inferred from the absence thereof in the sttute

 25 May 2012

If at any time during the term of copyright in any Indian work which has been published or performed in public, a complaint is made to the Copyright Board that the owner of copyright in the work- (a) has refused to republish or allow the republ..

Posted in Civil Law |   1559 hits