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Judgments and Orders

Penalty under sec 271(1) ( c ) can be imposed subject to the condition of concealment or inaccuracy in the particular provided by the assessee

 16 April 2012

In this appeal the assessee has raised various grounds, but only dispute is regarding the confirmation of levy of penalty u/s.271(1)(c) of the I.T. Act. The assessee has filed an appeal in the name of ‘Dimples Cine Advertising Pvt. Ltd.’, whereas the..

Posted in Taxation |   2274 hits

Payment in the nature interest under sec 2(28A) liable to deduct TDS under sec 40(a)(i)

 16 April 2012

Briefly stated facts of the case are that the assessee paid a sum of Rs.9,54,684/- to a foreign bank without deduction of tax at source. In the audit report, it was mentioned that it was a usance interest paid under the letter of credit and hence not..

Posted in Taxation |   1694 hits

In exercise of the power under Article 226 of the Constitution, the High Court cannot entertain belated claims unless the petitioner offers tangible explanation.

 16 April 2012

Facts: By notification the Government of India proposed the acquisition of 2275 Bigha and 18 Biswa land of village Kotla for planned development of Delhi. The husband of respondent No.1, who is said to have purchased 1000 sq. yards land forming par..

Posted in Civil Law |   1617 hits

Amount received from sister concern cannot be treated as unexplained only on the basis that sister concern shows lower profit

 12 April 2012

After hearing both the parties, we find that during assessment proceedings the AO noticed that the assessee has declared sales figure of Rs.1,34,45,538/-.The assessee was asked to file details of the sales and labour charges which were accordingly fu..

Posted in Taxation |   1457 hits

Branch which is not PE in respect of the business done out of the supplies made by foreign principal not taxable in India

 12 April 2012

On the facts and in the circumstances of the case and in law, the Ld. CIT(Appeals) erred in holding that the assessee branch is not the PE in respect of the business done out of the supplies made by foreign principal and accordingly, its business pro..

Posted in Taxation |   1185 hits

High Court not interfere with the judgment of trial court except in the presence of miss appreciation of evidence or wrong application of law

 11 April 2012

The prosecution alleged that on 30.12.2005 information was received through wireless, by police post East Uttam Nagar that a woman had been stabbed at RZB-36A, Pratap Garden. The SHO reached the spot and found that three or four police personnel from..

Posted in Criminal Law |  2 comments |   2006 hits

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 |   1453 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 |   1682 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 |   1378 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 |   1699 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 |   3412 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 |   4244 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 |   1466 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 |   1403 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 |   1023 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 |   1727 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 |   1619 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 |   2647 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 |   1754 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 |   1365 hits