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Lawyersclubindia Judiciary

Interest on delay payment covered by principle of mutuality cannot be made addition by AO

 06 January 2012

. The facts which revealed from the record are as under. The assessee is Co-operative Housing Society. The return filed by the assessee was selected for scrutiny and assessment was completed u/s.143(3). It was also noticed by the A.O. that the asses..

Posted in Taxation |   1158 hits

If notice given is not properly replied by the appellant than the appeal deserved to be dismissed

 06 January 2012

At the time of hearing of the appeal, neither the assessee nor any of his authorized representative were present, although, the last notice for hearing the appeal on 11.08.2011 was sent at the address given by the assessee in form no.36. The same has..

Posted in Taxation |   886 hits

Detention order passed after due application of mind and on the basis of proper material record is valid

 05 January 2012

The petitioner has alleged that one Surender Singh s/o Charan Singh was holder of valid PS-3 licence for the year 2010-2011 for sale, purchase and storage of Poppy Straw and Poppy Powder upto total quantity of 5000 KG. Shri Surender Singh was carryin..

Posted in Criminal Law |   1596 hits

Parties in controversy if entered in a settlement in writing than no order shall continue

 05 January 2012

Learned counsel for the appellants states that under RFA(OS) No.7-10/2005, challenge was made to the preliminary decree dated 04.02.2005, as per which share of the litigating parties was determined. Counsel states that parties entered into a settleme..

Posted in Civil Law |   1023 hits

Amount on which TDS deducted than no matter it was included or not

 05 January 2012

Brief facts of the case are that in the relevant assessment year, the assessee-firm derived income from business of civil construction. The assessee had filed its return of income declaring total income of Rs.68,970/-. The Assessing Officer noticed f..

Posted in Taxation |   1114 hits

The appeal does not mean merely filling of appeal but effectively pursuing it

 04 January 2012

If the party, at whose instance the reference is made, fails to appear at the hearing, or fails in taking steps for preparation of the paper books so as to enable hearing of the reference, the court is not bound to answer the referenc..

Posted in Taxation |   972 hits

If assessee holding share as Investment and as Stock in Trade and no question raised on that than it cannot be changed on the basis of amendment in the law

 04 January 2012

Brief facts of the case are that the assessee-company in the relevant assessment year carried on the business of trading in shares and securities and investment in shares and securities. The Assessing Officer noticed that the assessee had shown long-..

Posted in Taxation |   1718 hits

Appeal filed in the violation of the instruction issued by the IT is liable to be dismissed

 04 January 2012

This appeal filed on 12.5.2011 by the Revenue against an order dated 27.1.2011 of the ld. CIT (Appeals)-I, New Delhi, raises grounds relating to addition of i)` 4,66,935/- on account of unexplained bank credit.;ii) ` 4,55,000/- on account of unexplai..

Posted in Taxation |   835 hits

Borrowed fund can not be given as interest free loan to other and on disallowance of exp AO must be mention some reason for such

 03 January 2012

(i) That the sustaining of disallowance of interest Rs. 1,61,226/- by Ld. Commissioner of Income Tax (Appeals) on the ground that assessee has made interest free advance of borrowed funds in arbitrary, unjust, unwarranted and at any rate very excessi..

Posted in Taxation |   1331 hits

Merely passage of time cannot treat unsecured loan no longer payable and it can not invoked sec 41(1)

 03 January 2012

“(i) On the facts and in the circumstances of the case, the Ld. Commissioner of Income Tax (Appeals) has erred in law in deleting the addition of Rs. 13,80,000/- made by the Assessing Officer on account of unsecured loans by accepting unsecured loan ..

Posted in Taxation |   1465 hits

In a case of lessor and lessee the suit can be continued by the person on whom the earlier plaintiffs interest developed

 03 January 2012

.The record shows that the present suit has been filed by the plaintiff M/s DLF Universal Ltd. against five defendants i.e. Delhi Wakf Board who had been arrayed as defendant no.1 and defendants no.2 to 5 who are private parties. This is a suit for p..

Posted in Civil Law |   1399 hits

As per sec 142 No Court take cognizance of offence punishable under sec 138 in the absence of application within the limitation period or with sufficient cause after limitation period

 02 January 2012

This is a petition under Section 482 CrPC assailing the order dated 11.11.2009 of the learned M.M., Dwarka Courts whereby the application under Section 142 of the Negotiable Instruments Act (for short, the „Act‟) filed on behalf of the complainant/re..

Posted in Criminal Law |   4380 hits

At the time of falling market price a person can take the benefit and can adjust his Loss and sec 42 of SEBI Regulation 1996 is only applicable on broker operating in the stock exchange

 02 January 2012

Above issue arises as Assessing Officer considered the sale of shares by the assessee to the firm in which he is a Partner as a non genuine transaction. Consequently he re-worked out the P&L account as stated in page 8 of the assessment order and det..

Posted in Taxation |   787 hits

As per the RBI Guidelines public sector financial institutions are under obligation to fairly consider OTS proposal keeping in mind the RBI guidelines

 02 January 2012

It was urged by the learned counsel for the appellant that the inappropriate manner in which prayers were claimed in the writ petition should not have coloured the view taken by the Single Judge. At the core of the challenge in the writ petition was ..

Posted in Civil Law |   2435 hits

Order Passed under sec 143(3) is not valid in the absence of service of notice under sec 143(2) and AO must give proper findings on the order

 02 January 2012

Ld. CIT (Appeal) is not justified in law and facts and circumstances of the case in holding the order passed under section 143(3) as valid without proving the valid service of notice under section 143(2) with in the limitation period of 12 months as ..

Posted in Taxation |   1623 hits

Depreciation claimed for computer software etc is allowed only if used for more than 180 days

 31 December 2011

The Commissioner issued notice under Section 263 of the Act on two grounds: firstly, the respondent had earned dividend income of Rs.28,20,145/- which was exempt from tax but no disallowance of expenditure under Section 14A of the Act was made. Secon..

Posted in Taxation |   1748 hits

AO can make addition if the cash credit is fully explained

 31 December 2011

This appeal by the Revenue is directed against the order of the Ld. Commissioner of Income Tax (Appeals) dated 28.10.2009 pertaining to assessment year 2005-06. The grounds raised read as under:- “(i) In the facts and the circumstances of the ..

Posted in Taxation |   1054 hits

Expenditure incurred as a measure of value addition is to be treated as revenue expenditure

 30 December 2011

The assessee is converting scrap iron into MS steel. In the previous year relevant to the impugned assessment year, the assessee proceeded further to improve the value addition by converting MS steel again into TMT steel. In that process, the assesse..

Posted in Taxation |   1396 hits

The appeal emanates from revisional order under sec 263 which struck down by the Tribunal will not survive

 30 December 2011

At the time of hearing, it was brought to our notice that this appeal emanates from a revisional order passed u/s 263 of the Act and because the revisionary proceeding itself has been struck down by the Tribunal vide its order dated 17.12.009, this a..

Posted in Taxation |   1132 hits

When contractor supply any goods as per specification given and delivered to the Govt. than it will be outside the purview of sec 194 C

 30 December 2011

Brief facts of this issue are that while doing the scrutiny assessment, the Assessing Officer has disallowed the disallowance by observing as under:- “On examination of the books of accounts it is observed that no tax on such payment/credit has be..

Posted in Taxation |   1242 hits







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