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Judgments and Orders

Segmental accounts of the assessee is required in determination of assesses profit to total cost from international transaction

 11 April 2012

After considering the rival submissions and perusing the relevant material on record, it is observed that similar disallowance was made by the AO in the immediately preceding assessment year i.e. 2005-06. The Tribunal, vide its order dated 31-01-2012..

Posted in Corporate Law |   1423 hits

TDS not to be deducted on transaction of sale

 11 April 2012

At the very outset, the ld. counsel for the assessee contended that the AO passed order u/s.195(2) treating the assessee as in default by considering the price of the product as fees for technical services. He took us through the impugned order in wh..

Posted in Taxation |   1666 hits

The power of CIT under sec 263 subject to the condition that the order passed by the AO is erroneous and prejudicial to the interest of Revenue

 10 April 2012

The CIT thereafter issued notice dated 24.2.2009 under Section 263 of the Income Tax Act, 1961 (“Act” for short) recording the following reasons: “From the computation of income filed with the return, it appears that this profit on sale of proper..

Posted in Taxation |   1353 hits

Activities against the provision of the Article is to be treated as oppression and mismanagement and falls under sec 397/398 of the Companies Act.

 10 April 2012

This company was incorporated in 1948 with registered office at Calcutta. The authorized capital of the company was Rs. 10 lacs consisting of 4000 6% tax free redeemable cumulative preference shares of Rs. 100/-each and 6000 ordinary shares of Rs. 1..

Posted in Corporate Law |   1666 hits

Notification empower the school to re-employ the retiring teacher but not conferring any right on teacher to continue in employment till the age of 62 years

 10 April 2012

The appellants in both the appeals were employed as teacher in the respondent no.2 Delhi Public School, Mathura Road, New Delhi and on attaining the age of 60 years on 31st July, 2010 and 30th April, 2010 respectively, were retired from service. Thei..

Posted in Civil Law |   3356 hits

Determination of quantum of damage in case of unauthorized occupation of premises

 09 April 2012

Initially, the petitioner had approached this Court by way of a writ petition being WP(C) No. 5877/2001 which was disposed of by an order dated 21.05.2002. Primarily, in that writ petition, the petitioner had sought release of the terminal benefits o..

Posted in Property Law |   4166 hits

Once a company shows in its accounts any money under the head paid up capital than it will be presumed that share has been allotted

 09 April 2012

These two applications were heard on 1.3.2001. The learned Sr.Counsel for the petitioners, Shri Mitra, submitted as follows: At the time when the petition was heard, there was no document available with the petitioners to support their claim that t..

Posted in Corporate Law |   1418 hits

Petitioner cannot approach the court just about a week before the date fixed for examination after reading the eligibility condition

 07 April 2012

Briefly stated, the facts of the case as set out in the writ petition are that in May, 2011, the petitioner had passed the intermediate examination from the CBSE Board. On 02.11.2011, the petitioner had applied for IIT JEE-2011 in the reserved catego..

Posted in Civil Law |   1380 hits

If on Revenues appeal tribunal restored the matter to the AO than assesses appeal has become infructuous

 07 April 2012

The grounds raised read as under: “(i) That having regard to the facts and circumstances of the case, Ld. Commissioner of Income Tax (Appeals) has erred in law and on facts in passing the order u/s. 154 even though there was no error apparent from..

Posted in Taxation |   1007 hits

Sec 11A empower the industrial adjudicator to re appraise the evidence but cannot go beyond its jurisdiction

 06 April 2012

The respondent workman was appointed as a conductor with the appellant on 2nd September, 1989. He was on 24th June, 1993 served with a charge sheet for not issuing tickets to the passengers inspite of collecting the fare. Departmental inquiry was hel..

Posted in Civil Law |   1688 hits

As per Regulation 73 company is required to file report on repayment to investor with SEBI

 06 April 2012

The facts of the instant case, in brief, are that the petitioner incorporated a company in the year 1995 under the name and style of Maha Bhairav Plantation Pvt. Ltd. having its registered office at 308, Vinay Place, 11, Ashoka Marg, Lucknow-226001. ..

Posted in Corporate Law |   1579 hits

Limitation of granting bail under sec 37(1)(b) is addition to Cr. PC or any other law for the time being in force

 05 April 2012

The allegations of Directorate of Revenue Intelligence (DRI) against the petitioner are that acting on a specific information that a consignment of ketamine was being attempted to be exported to Canada based consignee, concealed in misc. goods by a D..

Posted in Civil Law |   2612 hits

Whether the unfilled NRI seats are to be transferred to general pool

 05 April 2012

Facts: Applicants, herein had filed Writ Petition before the High Court of Madhya Pradesh challenging the constitutional validity of Madhya Pradesh Niji Vyavsayik Shikshan Sanstha Adhiniyam, 2007 and the Rules framed thereunder. - Writ Petition was..

Posted in Civil Law 1 comments |   1734 hits

Sec 10B does not go to the matter of export turnover and 100% is exempted to EOU and CIT aught not to give to exclude the expenses to claim deduction

 05 April 2012

Facts of the case is that the assessee filed return of income for the relevant Assessment Year 2005-06 on 28.10.2005 disclosing ‘Nil’ total income after claiming deduction u/s. 10B of the Act of Rs.6,30,71,257/-. Assessment u/s. 143(3) of the Act was..

Posted in Taxation |   1337 hits

Surcharge leviable not depend on the liability of the assessee to pay income tax but on the assessed tax

 05 April 2012

We have heard the learned DR and the learned counsel for the assessee. The learned counsel for the assessee filed written submissions with a copy orders pages 1-20. The interesting point is that the revenue filed misc. petition in connection with IT(..

Posted in Taxation |   1304 hits

Duty entitlement pass book credit falls under sec 28 of the Act where premium received on transfer will represent profit

 04 April 2012

Whether the Income Tax Appellate Tribunal has erred in holding that duty entitlement pass book credit was cash assistance within the meaning of clause (iiib) to Section 28 of the Income Tax Act, 1961 and the entire amount including the premium receiv..

Posted in Taxation |   1311 hits

Provision of the Act prescribe assesseement based on searched material vest power AO to initiate proceeding under sec 158BD read with sec 158BC

 04 April 2012

On the facts and in the circumstances of the case and in law the CIT(A) erred in sustaining the addition of Rs. 83,00,000/- made by the Assessing Officer on protective basis in respect of income from alleged undisclosed sources on the basis of the c..

Posted in Taxation |   1024 hits

Sec 14A restrict the allowance of expenditure related to exempted income subject to the date of introduction of rule 8D

 04 April 2012

We have heard both the parties and gone through the facts of the case as also the aforesaid decision relied upon by the ld. DR. A mere glance at the impugned order reveals that the order passed by the ld. CIT (A) is cryptic and grossly violative of o..

Posted in Taxation |   1043 hits

every pleading shall contain only a statement in a concise form of the material facts on which the party pleading relies for his claim or defence but not the evidence by which they are to be proved.

 03 April 2012

Facts: In the year 2002, for setting up a new business, appellant was in need of substantial finance and for that purpose, he approached respondent No.1-Company through its Director Mr. Rajendra Kumar Aggarwal, who is his co-brother. Respondent N..

Posted in Civil Law 1 comments |   1710 hits

Sec 40(a)(ia) said deduction on payment of TDS is allowed in the year of payment

 03 April 2012

TDS deducted but not deposited within the time limit prescribed u/s. 201 of the Act. The same was deposited on 15.02.2006. The Ld. Counsel for the assessee could not contribute anything which supports his case. But after going through the records, we..

Posted in Taxation |   2657 hits







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