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Lawyersclubindia Judiciary

Restriction on membership may be available to company incorporated under sec 25 but in case it recognized as EPC it cannot restrict its membership

 15 February 2012

This intra-Court appeal impugns the judgment dated 18th January, 2011 allowing W.P.(C) No. 5093/1998 preferred by the respondents no.1 to 3 herein and quashing the “Regulations of Membership” of the appellant to the extent the same were held to be in..

Posted in Taxation |   1004 hits

As per sec 80HHC 90% of the interest has to be excluded from the profit of the business during assessment

 11 February 2012

The facts of this case very briefly are that Bharat Rasayan Limited (for short ‘the assessee’) filed a return of income tax claiming a deduction of Rs.72,76,405/- under Section 80HHC of the Act. In the assessment order, the Assessing Officer held tha..

Posted in Taxation |   1020 hits

In case of unauthorized used of trade mark damage can be claim only on submission of proof of damage

 11 February 2012

In a suit for a decree of perpetual injunction restraining the defendants from infringing the trademark “Arnimax” and passing off goods under the said trademark, this application has been filed for interim reliefs. In the 1st week of October, 2009,..

Posted in Others |   1824 hits

In case of deputation of staff but continuously enjoying the service for a period than gratuity liability also need to reimbursed for the extra period and sec 201 and sec 44 of TDS applicable depend o

 11 February 2012

On the observation of the detailed case we can find the following fact from the judgment..... i) On the facts and in the circumstances of the case and in law, the Ld.CIT(A) erred in deleting the additions made on account of provision gratuity u/s..

Posted in Taxation |   1015 hits

As per sec 115JB in calculating book profit the profit of the P/L Account increased by all reserve except specified under sec 33AC

 10 February 2012

On the facts and circumstances of the case and in law the CIT(A) has erred in not appreciating that clause(b) of the Explanation(1) of Sec. 11 5JB provides that for calculating book profit the profit as shown in the profit and loss account has to be ..

Posted in Taxation |   1956 hits

If deduction is to be taken than the genuineness of the gift must to proof otherwise disallowed

 10 February 2012

On the observation the following facts are found:- i) On the facts and in the circumstances of the case and in l aw the learned CIT(A) erred in sustaining the addition to total income of Rs.5,00,000/- received as gift on 23rd August, 2004 which ..

Posted in Taxation |   1066 hits

Amount received against the issue of share cannot be consider as revenue receipt

 10 February 2012

The assessee is under the Ministry of Shipping, Govt. of India. Assessee’s business is in ship building, ship repairing and general engineering. The ld. A.O. made an addition of Rs. 2 crores, which was stated as received from Government for upkeep of..

Posted in Taxation |   1011 hits

Building & Other Construction Worker (Regulations of Employment & Conditions of Service) Act, 1996 and the Building and Other Construction Workers Welfare Cess Act, 1996.

 09 February 2012

This Court - dealt with Contempt Petition Nos. 41 – 44 of 2011 filed by the petitioner and passed certain directions including that the Labour Secretary of the concerned States should be present in the Court on the next date of hearing. Thereafter, v..

Posted in Civil Law |   4510 hits

If at the time of the assessment AO need any further document than should be mentioned in clear language in the notice otherwise asseessee is not responsible

 09 February 2012

The facts in brief are that the assessee company was engaged in the business of undertaking contracts for providing various liaison activities in telecommunication strategy had entered into contract dated 5.1.2005 with M/s. ZTE Corporation, a Chinese..

Posted in Taxation |   867 hits

After filling appeal it is the duty of the appellant to take initiative for smooth proceeding in the absence of proper step appeal can be dismissed

 09 February 2012

The appeal was fixed for hearing today i.e. on 1st February, 2012. No one is present on behalf of assessee. Nor there is any application for adjournment. In view of above, it appears that assessee is not interested in prosecuting this appeal. Hence t..

Posted in Taxation |   912 hits

In case the appeal withdraw before passing any order the appeal liable to be dismissed

 09 February 2012

When the appeal was called for hearing, a letter dated 27.1.2012 signed by the assessee was placed before us, wherein the assessee sought permission to withdraw the appeal. It is mentioned in the letter received on 27.1.2012 as under: “I request w..

Posted in Taxation |   4106 hits

Register of Pharmacists

 08 February 2012

Facts: Appellant got registration as a pharmacist with the Sikkim State Pharmacy Tribunal. On the basis of this registration from Sikkim, he applied for his registration with the Pharmacy Council of the State of Rajasthan which enrolled him as a reg..

Posted in Civil Law 1 comments |   1402 hits

At the time of dealing appeal after grant special leave court is not bound to go into the merit unless justice of the case does not require interference

 08 February 2012

This Intra-Court Appeal impugns the judgment dated 31st August, 2007 of the learned Single Judge allowing WP(C) No. 469/2005 preferred by the respondent no.1 and directing the appellant to restore the LPG distributorship to the respondent no.1 and to..

Posted in Civil Law |   858 hits

Provision of Sec 80LA prevail over the non obstante sec 70(1) and income/loss from windmill business has to be separately computed and allowed to be set off against future income

 08 February 2012

Brief stated facts of the case are as follows: The assessee is a partnership firm dealing in automobiles and Sony products and also into generation of electricity from windmills. The assessee filed its return of income for AY 2007-08 declaring income..

Posted in Taxation |   967 hits

As per sec 32(1)(ii) depreciation is allowed on intangible asset acquired on or after 1st April 1998 and expenditure on acquiring database cannot claim as revenue expenditure

 08 February 2012

the question about admissibility of depreciation of Acquired Business Database is concerned, this issue is covered in favour of the assessee by the judgment of Hon’ble Delhi High Court in the case of CIT vs. Hindustan Coca Cola Beverages Pvt Ltd (331..

Posted in Taxation |   1648 hits

As per the DTAA one income taxed only onece at the time of received and it cannot be taxed in both the country

 08 February 2012

We have considered the facts of the case and submissions made before us. We have already mentioned that there is a distinguishable feature namely that the assessee has received payments from persons residents in India. However, the receipts have been..

Posted in Taxation |   864 hits

As per Rule 8(ii) while returning the seized money it is not mandatory to return along with interest

 07 February 2012

The writ petition was filed by the respondent pleading that the appellant had on 3rd January, 2003 seized ` 7,75,000/- in Indian currency and foreign currency equivalent to `96,000/- from the custody of the respondent and initiated inquiry under the ..

Posted in Civil Law |   1096 hits

Explanation 1 to Sec 41(1) of the Act is not applicable on the cases prior to the said explanation come in to force

 07 February 2012

In the return of income the aforesaid amount was claimed to be not taxable under the Act. The Assessing Officer called upon the assessee to explain how the aforesaid items were not taxable. In response to the query, the assessee submitted a written r..

Posted in Taxation |   1071 hits

In case of agency business commission raised but in case of purchase and sale of business than the profit on sale cannot be consider as commission

 07 February 2012

We may first take up the case of M/s Mother Dairy India Ltd. for the assessment year 2004-05. This company hereinafter referred to as „Dairy‟, was incorporated on 1.4.2003 as wholly owned subsidiary of another company by name Mother Dairy Fruit and V..

Posted in Taxation |   838 hits

Right of the assessee to prefer appeal is statutory and appeal can be filed after the period of limitation only if there is sufficient cause

 07 February 2012

The appellant’s appeal before the Tribunal has been dismissed on the ground of limitation inasmuch as it has been filed after a delay of 1049 days. The appeal before the Tribunal was against the order of Commissioner of Income Tax passed under Sectio..

Posted in Taxation |   1109 hits







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