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Judgments and Orders

Income cannot be reassessed on a mere change of opinion Rea

 26 January 2010

law defined whether income cannot be reassessed on a mere change of opinion, as that would imply conferring arbitrary powers on the Tax Authority. It is only when there is a ‘tangible material’ to believe that income has escaped assessment that the p..

Posted in Taxation |   2122 hits

a taxpayer is not precluded from minimizing its tax burden w

 26 January 2010

This is a recent ruling of the Authority for Advance Rulings (AAR) [2010-TIOL-01-ARA-IT] in the case of Star Television Entertainment Ltd. (STEL), 2 other group entities and 3 of their shareholders (together referred to as Applicants)on whether the s..

Posted in Corporate Law |   1916 hits

“Grandson cannot claim trusteeship over property when his fa

 25 January 2010

Madurai Bench ruling on donation of land to religious sub-sect “Indian Trust Act not applicable to a private religious trust” ..

Posted in Family Law |   2743 hits

High Court declined to stay Company Law Board order on Gold

 25 January 2010

Indiabulls had filed an FIR on July 25, 2009 against Dalmia and a few other directors of GHCL alleging he had duped it of Rs 641 crore. It alleged that Dalmia had issued bogus shares of Golden TobaccoCompany and GHCL as collateral. The two parties, h..

Posted in Corporate Law |   3352 hits

Writ Petitions Are Not Maintainable where there is Only Ques

 25 January 2010

whether a particular contract is a contract for sale or for work and labour is always a difficult question and it is not surprising to find the taxing authorities divided on it. The difficulty, however, lies not in the formulation of the tests for de..

Posted in Taxation |   1767 hits

Sustainability of orders passed by Settlement Commission in

 25 January 2010

If Settlement Commission fails to comply with mandate of law, such orders passed in violation of section 245D(4) cannot be said to be legally sustainable. ..

Posted in Taxation |   1358 hits

No service tax on services received abroad between March 200

 24 January 2010

In view of Section 66A, offshore services cannot be subjected to service tax prior to April 18, 2006, the high court said, adding that before enactment of Section 66A, there was no authority vested by law in the revenue to levy service tax on a perso..

Posted in Taxation |   2598 hits

Whether the reporters of local papers may be allowed to see

 18 January 2010

1. Whether the reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes ..

Posted in Civil Law |   2056 hits

Delhi HC dismissed ITC appeal on use of trademark by Philip

 18 January 2010

Law using Logo has clearly been defined in the present citation wherein ITC filed a petition seeking injunction against respondent to use a specific logo...


State Government PSUs Do Not Need To Get COD Approval

 18 January 2010

The assessee is a State Govt. undertaking. Its appeal was dismissed by the Tribunal on the ground that the approval of the Committee on Disputes (“COD”) had not been obtained. In a writ petition filed by the assessee, the Additional Solicitor Gen..

Posted in Constitutional Law |   3035 hits

Shares activity treated as investment in earlier years canno

 18 January 2010

The assessee was engaged in two different activities of sale and purchase of shares. The first set of transactions involved investment in shares in which the assessee took delivery of the shares. The second set of transactions involved dealing in sha..

Posted in Taxation |   2104 hits

CBI can take action against former Cong MP M K Subba: SC

 13 January 2010

A foreign National Subba got elected from Assam for Indian Parliament and remained availing all facilities of a MP on congress ticket for many years. This is a clear cheating with Constitution of India. Can we allow foreign Nationals to come and rule..

Posted in Criminal Law |   2015 hits

Words “any other law for the time being in force” in section

 11 January 2010

In the above case,a petition under Sections 397 and 398 of the Companies Act was filed before the Company Law Board Company Law Board issued several directions on 29/10/1999.Against which an appeal was filed before the learned Company Judge under Sec..

Posted in Civil Law |   3624 hits

A declarant under KVSS, 1998 cannot take a different stand a

 11 January 2010

in the present case, there has been clear instructions in the challans filed by the petitioner specifying the heads of payment under the ‘tax due’ and the ‘interest due’, no such plea as the petitioner contends, on the facts of the present case, is a..

Posted in Taxation |   1620 hits

TDS is not required to be deducted from royalty payment made

 11 January 2010

he Assessing Officer was not satisfied with the explanation given by the assessee. He observed that royalty payment mentioned above is payable to M/s.Columbia Tristar Films of India (CTFI). The relevance of the copy of agreement furnished was not exp..

Posted in Taxation |   5139 hits

Rate of depreciation applicable to bridges and flyovers cons

 08 January 2010

Roads, flyovers bridges etc., constructed and owned by an infrastructure company and utilised in its business of providing infrastructure is the tool of its trade and an essential adjunct to its business and not merely a setting in which the business..

Posted in Corporate Law |   2809 hits

Sale & Lease back transactions are not a “sham”

 06 January 2010

The assessee, a State Electricity Board, sold energy saving devices on which 100% depreciation was permitted and took the same assets on lease and claimed a deduction for the lease rent. The claim was disallowed by the AO & CIT (A) on the ground that..

Posted in Civil Law |   2908 hits

Suit for partition of joint property cannot be dismissed wit

 06 January 2010

respondent's father filed suit for partition of the joint properties which was decreed — High Court set aside the decree passed by the trial Court and remanded the matter back for fresh decision..

Posted in Civil Law |   4884 hits

Determination of ALP of an international transaction

 05 January 2010

How much tax is paid by the foreign AE is not relevant in the determination of correct tax liability in the hands of the Indian enterprise; what is material is that the rightful tax payable in India should not suffer due to the adjustment of price fo..

Posted in Taxation |   1681 hits

An order can’t be treated erroneous simply because Assessing

 05 January 2010

When the AO has reopened the same very issue which is under revision and has examined all the details and after verifying and being satisfied, has taken a plausible view, how can his order be treated as erroneous simply because in his order, he has n..

Posted in Taxation |   1801 hits