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Judgments and Orders

Company engage in purchasing and selling of securities can be treated as business activity

 02 May 2012

From the observation we can find the following fact.. The assessee is a company engaged in management consultancy, implementation of internal controls, system audits, arranging finance from financial institutions and financing and advisory services ..

Posted in Taxation |   1421 hits

Tax effect should be minimum otherwise appeal deserved to be dismissed

 02 May 2012

That being so and in view of the recent CBDT Instruction No. 3 of 2011 dated 9th February, 2011 reported in (2011) 332 ITR 1 (Statutes) and the ratio of the decision of the Hon’ble Jurisdictional High Court in the case of CIT v. Madhukar K. Inamdar (..

Posted in Taxation |   1217 hits

Punishment not prescribed under the statutory rules cannot e imposed

 30 April 2012

This appeal has been preferred against the impugned judgment and order dated 19.7.2011 passed by the High Court of Judicature at Allahabad in CMWP No. 39609 of 2011, wherein the case of the appellant against the order of punishment in disciplinary pr..

Posted in Civil Law 1 comments |   2188 hits

As per sec 23(1) deduction from house property income can be claimed only under sec 24

 30 April 2012

Analysis of the case found the following ... Ground no. 1 is regarding the disallowance of interest u/s. 14A. We have heard the learned AR as well as the learned DR and considered the relevant material on record. Both the parties have agreed that th..

Posted in Taxation |   2002 hits

Additional amount paid for custom duty can be capitalized to claim depreciation even the decision is pending

 30 April 2012

On the facts and circumstances of the case, the ld. CIT(A) has erred in overlooking the fact that though similar issue was raised during A.Y. 2005-06 and 2006-07 and decided in favour of the assessee by the Hon’ble High Court of Delhi, but the Custom..

Posted in Taxation |   2127 hits

Income from other source should be compute as per the provision of sec 57of the Act

 30 April 2012

Out of the 05 (Five) Grounds of Appeal filed by the appellant against the order of the CIT(A) dt. 01-12-2010, the following 03 (Three) Grounds of Appeal are effective. They are: “The learned CIT(A) 21 erred in upholding the adding back to the tota..

Posted in Taxation |   1732 hits

Statutory byelaws brought into effect with the approval of SEBI under sec 9 of SCR Act 1956 prevail over the limitation Act 1963

 30 April 2012

The present petition under Section 34 of the Arbitration & Conciliation Act, 1996 (‘Act’) is directed against the Award dated 25th January 2006 passed by the learned Arbitrator (‘Respondent No.2’) holding that the claims of the Petitioner in respect ..

Posted in Others |   1721 hits

Provision of sec 205A and 205C related to unpaid dividend cannot be consider as arbitrary and violative to Article 14

 30 April 2012

The Companies (Amendment) Ordinance, 1998 (No.19 of 1998) sub-section (5) of Section 205A of the Companies Act (hereinafter referred to as the „Act‟), 1956 was amended as regards transfer of unpaid dividend account of a company to the fund establishe..

Posted in Corporate Law |   2420 hits

Compensation determined by Motor Accident Claims Tribunal

 27 April 2012

Facts: Shri Swaran Singh died in a road accident when the Maruti car in which he was travelling with Varinder Singh went out of control. Varinder Singh, who was driving the vehicle also suffered multiple injuries and died on the spot. - The appell..

Posted in Civil Law 1 comments |   7461 hits

As per the SC decision Court cannot interfere in policy matter of state unless the policy violate the mandate of constitution

 27 April 2012

In the present case also, no obligation on the part of the respondents to frame the Rules, notwithstanding the impracticality thereof, is established. It is purely a policy matter. The Supreme Court in Kanhaiya Lal Sethia Vs. UOI (1997) 6 SCC 573 hel..

Posted in Constitutional Law |   3569 hits

As per sec 135A of custom Act. since confession is not admissible as accused are not jointly tried with the petitioner and there is no other evidence charge cannot be framed

 27 April 2012

I have heard the learned counsels for the parties. Briefly the facts giving rise to the present petition are that on 15th October, 1992, on the basis of a secret information, one Virender Singh Batra was apprehended by the Respondent, R.K. Virmani wh..

Posted in Taxation |   1247 hits

Penalty under sec 271(1)( c ) can be delete subject to the satisfaction of the CIT that the basis of levy does not survive

 26 April 2012

We can observe that the penalty under sec 271(1) (c) can be imposed only on the basis which can survive and not by manipulating the basis on the falls fact...

Posted in Taxation |   1586 hits

Registrar of Societies having no jurisdiction on disputes regarding membership and right to vote in election of a society

 26 April 2012

The background in which this order has been come to be passed may firstly be stated. The validly elected Executive Committee of the SCBA held its meeting on 19.01.2010. Apart from the President, the Vice President and the Honorary Secretary, various ..

Posted in Civil Law |   2610 hits

Provision of sec 36(1)(ii) not applicable in the absence of evidence and depreciation at 60% should be charged on computer

 26 April 2012

It was submitted that there is a major increase in sale as well as the profit of the company and that is only due to the efforts of the said director of the company. It was submitted that the provisions of Section 36 (1)(ii) will not be applicable. I..

Posted in Taxation |   1753 hits

Suppressing the material fact and filling successive petition amounts to abuse of the process of Court

 25 April 2012

Facts and circumstances giving rise to this petition are that present petitioner Ram Dhan lodged an FIR dated 4.6.1995 alleging that his son Dinesh had disappeared and, subsequently, filed a complaint against Balraj alias Billu and others (respondent..

Posted in Criminal Law |   4047 hits

Cost of construction based on actual expenditure is to be considered in computation of capital gain

 25 April 2012

The facts mentioned in the assessment order are that the return declaring total income of Rs. 51,27,967/- was filed on 31.10.2002. In the course of assessment, it was inter-alia found that the assessee sold its property situated at B-19, Okhla Indust..

Posted in Taxation |   1277 hits

Loss suffered in foreign exchange due to fluctuation in foreign exchange liabilities is allowable as Income Tax Act

 25 April 2012

The fact and in the circumstances of the case and in law, the Ld. CIT(A) erred in deleting the addition of Rs.17,34,716/- made by the A.O. on account of foreign exchange loss claimed by the assessee without any supporting evidences. and in the circum..

Posted in Taxation |   1359 hits

Conversion of Lease hold tenure in to free hold tenure subject to the condition laid in the Transfer of Property Act

 24 April 2012

Though not recognized by the Transfer of Property Act, but became the reality of life in Delhi, and thus compelled the Government to recognize such transfers and legalize them. Way back in the year 1992, a conversion policy was notified as per which ..

Posted in Property Law |   4758 hits

It is the burden of the assessee to proof that the expenditure related to the business and depreciation on computer can be claimed at 60%

 24 April 2012

We have carefully considered the arguments of both the sides and perused the material placed before us. It is a settled law that the burden is upon the assessee to establish that the expenditure was incurred wholly and exclusively for the purpose of ..

Posted in Taxation |   1158 hits

Interest under sec 234B and 234C is payable for failure to advance tax in respect of tax payable under sec 115JA/115JB

 24 April 2012

At the outset, it was pointed out by the learned AR that only one issue is raised in the present appeal which is regarding disallowance made u/s 14A read with Rule 8D of IT Rules, 1962. The Assessing Officer has made disallowance u/s 14A with referen..

Posted in Taxation |   2361 hits