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Judgments and Orders

High Court has no powers to Condone delay in filing appeal

 09 February 2010

The High Court has no power to condone delay in filing appeal. S.5 of the Limitation Act, 1963 was not applicable in appeals filed under s.260A. ..

Posted in Taxation |   4488 hits

Even employees’ contribution to PF paid before due date of f

 08 February 2010

S. 2 (24) (x) provides that amounts received by an assessee from employees towards PF contributions etc shall be “income”. S. 36 (1) (va) provides that if such sums are contributed to the employees account in the relevant fund on or before the due da..

Posted in Taxation |   2729 hits

RBI’s approval does not put a seal of approval on true chara

 08 February 2010

RBI’s approval does not put a seal of approval on true character of a transaction from perspective of transfer pricing regulation, Lending or borrowing money between two associated enterprises come within the ambit of international transaction an..

Posted in Corporate Law |   1425 hits

Recourse to the power under Section 147 cannot be sustained

 08 February 2010

Recourse to the power under Section 147 cannot be sustained on a mere change of opinion where there is no failure of the assessee to disclose fully and truly, all material facts necessary for assessment...

Posted in Taxation |   1271 hits

If company constructed structure on shareholders land then r

 08 February 2010

It is not the requirement of law that the income assessable should be in the hands of a person who is neither the legal owner nor the beneficial owner. Even if the land is owned by the shareholders, since the super structure constructed by the Compan..

Posted in Taxation |   1595 hits

Co-operative Bank entitled to deduction u/s 80P(2)(a)(i) on

 08 February 2010

The appeal had been admitted to examine the following question of law : (1) Whether, the Tribunal was correct in holding that the Assessing officer had to record his reasons and based on those reasons form his opinion that the income has escaped a..

Posted in Corporate Law |   2123 hits

In absence of stay from SC, Department can’t collect service

 07 February 2010

Executive Summary: - In absence of Supreme Court’s order staying operations of High Court’s judgment relating to levy of service on renting of immovable property, Revenue Department could not instruct its officers to pursue the matter with tax payers..

Posted in Taxation |   1894 hits

Notice u/s. 143(2) should be issued within one year from the

 06 February 2010

The Supreme Court has ruled that it is mandatory for the Income Tax Department to issue notice within the prescribed time limit of one year where the assessing officer in repudiation of the block return filed by the assessee proceeds for an inquiry...

Posted in Taxation |   1861 hits

Employees cann't be sacked without providing opportunity of

 06 February 2010

The employee was terminated without holding any enquiry taking the benefit of article 311 (2) of constitution by State of UP stating that it is near to impossible to hold such an employee and his immediate termination is in the interest of State. App..

Posted in Labour & Service Law |   2201 hits

Alimony cannot be decided on the basis of income-tax returns

 06 February 2010

Rani Tahelramani filed a case under the Domestic Violence Act against her doctor husband Anup Vidhani. She also sought maintenance from her husband, but the magistrate declined her petition. When the proceedings dragged on, she appealed in the sessio..

Posted in Family Law 1 comments |   3230 hits

Transfer Pricing is Applicanble in Interest free Loans advan

 05 February 2010

* The Taxpayer, a company incorporated in India, was engaged in the business of designing and developing technology-enabled business transformation solutions and providing business consulting, systems integration services and software solutions a..

Posted in Corporate Law |   3908 hits

No addition can be made or sustained simply on basis of sta

 03 February 2010

In order to make an addition on the basis of surrender during search or survey, it is sine qua non that there should be some other material to co-relate the undisclosed income with such statement. ..

Posted in Taxation |   2056 hits

Section 4 of Securities Contracts (Regulation) Act, 1956 do

 31 January 2010

he Bombay High Court held that the writ petition, which was lacking in particulars relating to the constitutional challenge, was not the appropriate remedy for the petitioner, who, along with a member of the Stock Exchange, had traded in the shares o..

Posted in Corporate Law |   3044 hits

Settlement Commission is given power u/s. 245H to reduce pen

 31 January 2010

Rule 5 of the Settlement Commission Procedure Rules provides that the settlement application shall be presented in the form no.34(b), which provides that alongwith the application there should be confidential information in the annexure. Rule 6 provi..

Posted in Taxation |   1890 hits

Dispute Resolution Penal to Pass Speaking Order-Delhi High C

 28 January 2010

In cases where a taxpayer has not been provided an opportunity of being heard by the Transfer Pricing Officer, the taxpayer is entitled to raise all objections and furnish necessary evidence to the Dispute Resolution Panel (DRP). The DRP has to pass ..

Posted in Corporate Law |   3545 hits

Court orders approving amalgamation are covered within the a

 28 January 2010

1. A scheme of amalgamation was filed before the Delhi High Court for merger of 15 subsidiary companies with the parent company, Delhi Towers Limited under section 394 of the Companies Act, 1956 (Companies Act). 2. The scheme was approved by ..

Posted in Corporate Law |   4507 hits

Income From Isolated Land Transaction is also Liable for Tax

 28 January 2010

If attendant circumstances of the case, the process of purchase of land, conversion thereof and sale, compel to come to the conclusion that the * purchase of land, in itself, was with an intention to sell at a profit in the form of an ‘adventure in ..

Posted in Civil Law |   2796 hits

Similar Drug Name Not To Be Disregarded: Bombay High Court

 27 January 2010

rug Controller General while granting the permission to the first defendants had imposed a condition, that on the label of the product a warning 'to be sold by retail on prescription of specialists only' should be printed. It was submitted that both ..


Religious Properties should be handles propely

 26 January 2010

. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest?..

Posted in Civil Law |   2478 hits

power of acquisition of Land cann

 26 January 2010

whether the land should be acquired for profiteering and discrimination in exemption of the land should be made or not and the Principsl of land acquisition have clearly bee discussed in this latest citation...

Posted in Civil Law |   2603 hits