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Judgments and Orders

Conversion of original petition to that of a civil suit or vice-versa

 10 May 2012

Facts : Trust OP No.96 of 2002 was filed by the appellants who were beneficiaries of six trusts before the Principal District Judge - During the pendency of the OP, respondent Nos.1 to 14 and 16 filed interlocutory applications separately under Or..

Posted in Civil Law |   4447 hits

Failure on the part of the respondent to file written statement make liable to the plaintiff

 10 May 2012

The impugned order dated 05.10.2010 passed by the Division Bench of the High Court of Karnataka at Bangalore in R.F.A.No. 597/2004 is under challenge in this appeal after grant of special leave at the instance of the plaintiff-appellant by which the ..

Posted in Civil Law 1 comments |   5686 hits

AO is right in position to disallow the unexplained cash credit and unexplained investment

 10 May 2012

Briefly stated facts of the case are that the assessee an individual derives income from salary, business income and other sources. The assessee’s business premises as well as residential premises were searched u/s 132 of the Income Tax Act, 1961 (th..

Posted in Taxation |   1329 hits

Deduction claimed under sec 80 O cannot include sundry expenses

 10 May 2012

DEDUCTION U/S 80-O:- the assessee was requested to prove their claim for deduction u/s. 80-O with documentary evidences in their favour. The assessee vide letter dt. 11.03.2002 has submitted as under (as extracted):- M/s Galana, Madagascar had app..

Posted in Taxation |   1345 hits

Penalty under sec 271(1) cannot be reduced more than 100% of the tax sought to be evade

 09 May 2012

The Assessee is a finance and investment company. For the Assessment year under consideration for which the relevant previous year was the period between 1-4-1992 to 31-3-1993, the assessee company filed its return of income on 31.12.1993 declaring t..

Posted in Taxation |   1415 hits

Custody of children in a matrimonial dispute :

 09 May 2012

Facts : The marriage of the A and B was solemnized and from the wedlock, two sons were born. A and B have been living separately and have been involved in various litigations, including a petition for divorce. The appellant ( father ), who is an ..

Posted in Family Law 3 comments |   3463 hits

If an issue decided consistently in a particular manner for earlier assessment years than rental income from factory building is to be treated as business income

 09 May 2012

We have heard the submissions of both the parties and perused the material available on record and the judgments cited by both sides. We find that the judgment of Hon'ble Apex Court rendered in the case of East India Housing and Land Development Trus..

Posted in Taxation |   1253 hits

As per sec 145 (1) the complainant must be orally examined before the accused is summoned to cross-examine

 08 May 2012

Soon after the registration of the FIR referred to in the foregoing paragraph, the petitioner filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 on 24.9.2004. The aforesaid complaint was made against respondent no.2, Mrs.Ve..

Posted in Criminal Law 1 comments |   2717 hits

Short term and long term capital gain from portfolio investment cannot be treated as business income

 08 May 2012

These two stay applications are connected and issues are similar. These stay applications are preferred by assessees on the issue whether the long term capital gains and short term capital gains offered should be treated as business income or profess..

Posted in Taxation |   2147 hits

.If a business closed or open but ceased with no intention to resume than assessee is responsible to proof his seriousness in reviving the business

 08 May 2012

JCIT (OSD)-1(1), Room No.533 & 579, Aayakar Bhavan, Mumbai-400 020 (Appellant) Vs. M/s. Good Value Marketing Co.Ltd. 3rd floor Indl. Assurance Bldg., Churchgate, Mumbai-400 020 PAN NO: AAACG 4925 D (Respondent) ..

Posted in Taxation |   1385 hits

The enhance amount in insurance claim shall carry interest 7% from the date of application

 07 May 2012

The appellant and other legal representatives of Swaran Singh filed a petition under Section 166 of the Motor Vehicles Act, 1988 (for short, ‘the Act’) for award of compensation to the tune of Rs. 4 lacs. They pleaded that the accident was caused due..

Posted in Civil Law |   1199 hits

After filing appeal if appellant feel that the tax effect is not significant he can withdraw with prior approval

 07 May 2012

The captioned appeal is fixed for hearing before the Hon’ble ‘G’ Bench today. The appellant has received partial relief. As the tax effect of the remaining issue is not significant, the appellant does not wish to pursue the appeal. In the circumstanc..

Posted in Taxation |   1065 hits

Rule 8D is prospective and effective only from the assesseement year 2008-09

 07 May 2012

The only ground of appeal shows the grievance of the appellant against the order of the Ld. CIT(A)-39, Mumbai. who held that the interest to the tune of Rs..41,05,081/- should be considered for working out the disallowance u/s.14A of the Act. Briefly..

Posted in Taxation |   1148 hits

Quantum of deduction under sec 80HHC under the provision of sec 115JB limited to relief certified by the Chartered Accountant

 05 May 2012

On the facts and in the circumstances of the case, the learned CIT (A) has erred in law and on facts in deleting the disallowance made by the Assessing Officer on account of N deduction claimed by the assessee u/s 80HH of the Income Tax Act, 1961...

Posted in Taxation |   1525 hits

If the order under sec 263 does not survive than the assessment order made under that sec also not survive

 05 May 2012

We have heard both the sides and perused the material placed before us. The facts of the case are that the impugned appeal has originated from the assessment order dated 28.12.2010 which was passed by the Assessing Officer in pursuance to the order u..

Posted in Taxation |   1251 hits

In the absence of cooperation from assessee Ld CIT will be free to adjudicate the appeal on merit basis

 04 May 2012

Referring to the grounds of appeal, it was submitted by the learned AR that the assessee had reasonable and sufficient cause for non-appearance before CIT (A) as Shri Ajay Gupta was suffering from high blood pressure. He submitted that otherwise also..

Posted in Taxation |   1229 hits

Depreciation on computer can be claimed at 60%

 04 May 2012

The return of income in the present case was filed at a loss of Rs.19,03,733/-. The only addition made to that loss is regarding depreciation claimed on computers which is granted by the Assessing Officer @15% as against the claim of the assessee of ..

Posted in Taxation |   1674 hits

The Court can reject the application of compounding of offence under sec 147 of NI Act in the absence of settlement between parties

 03 May 2012

In the above mentioned complaint filed by the respondent, it has been averred that in the year 2007, a payment of Rs. 4,50,000/- was made to the petitioners as part payment for purchasing a flat in the project named “Shivkala SRS Glamour”, which was ..

Posted in Criminal Law |   2650 hits

AO is to be treated as in default under Rule 46A while not accepting additional evidence

 03 May 2012

The facts, in brief, are that the assessee is a Doctor by profession and also a partner in Shushrusha Hospital & ICU. During the year under consideration, the assessee filed his return of income declaring total income at Rs. 2,94,000/-. Subsequently,..

Posted in Taxation |   1530 hits

Non appearance deserve the appeal to be un-admitted as per the provision of Rule 19 and appellant can recall after explaining the reason

 03 May 2012

. In the case of Commissioner of Income-tax vs. Multiplan India (P) Ltd.; 38 ITD 320 (Del), the appeal filed by the revenue before the Tribunal, which was fixed for hearing. But on the date of hearing nobody represented the revenue/appellant nor any ..

Posted in Taxation |   1087 hits