Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Others Judgments and Orders

Special capital incentive by state govt: whether capital receipt?

 25 April 2014

Assessee is a company engaged in the business of manufacturing of internal combustion engines had filed the return of income for the Assessment Year 1997-98 on 30.11.1997 declaring the total income of Rs.41,93,64,490/.The Assessing Officerassessed th..

Posted in Others |   2852 hits

SC: Secured creditor cannot take over possession of the secured asset with the lessee under a valid lease

 11 April 2014

The appellants who were tenants of different premises in Mumbai had mortgaged the premises to different banks as securities against loans. The appellants defaulted in repayment loans. The respondents issued notices of 60 days period under SARFAESI A..

Posted in Others 2 comments |   6141 hits

Distance Education degree not eligible for LLB

 04 April 2014

Justice K. Vinod Chandran has held that that the graduate degree obtained through the distance education mode, can not be considered as an eligible qualification for admission to three year LL.B course...

Posted in Others 7 comments |   7341 hits

Delhi HC finds BJP and Congress guilty of violating FCRA

 31 March 2014

The bench comprising of Justice Pradeep Nandrajog and Justice Jayant Nath on a writ petition filed in public interest found political parties BJP and Congress to be guilty of violating Foriegn Contribution (Regualtion) Act, 1976 by accepting foreign ..

Posted in Others |   2093 hits

Delhi HC rejects plea of schools on nursery admission guidelines

 21 January 2014

The Delhi High Court dismissed the plea of unaided private schools, seeking a stay on Delhi government's nursery admission guidelines including scrapping of 20% Management Quota. Important highlights from the judgment by bench comprising Chief Jus..

Posted in Others |   2350 hits

Account of disallowing warrant cost & warranty cost for computing the book profit u/s 115JBV of IT Act

 06 January 2014

This is a set of two revenue’s appeals for A.Y. 2004-05 and 2005-06 on the quantum assessment and the corresponding cross-objections by the assessee. Revenue has also filed appeal against deletion of penalty u/s 271(1)(c) for A.Y. 2005-06...

Posted in Others |   2297 hits

Ascertained liability allowable under the mercantile system of accounting (Principle of Consistency)

 31 December 2013

The assessee is a Company and is engaged in the business of manufacturing of white crystal sugar. It filed its return of income on 25.11.2006 declaring total income of Rs.1,01,251/-. The Ld.AO complete the assessment u/s 143(3) on 31.12.2008 determin..

Posted in Others |   2701 hits

Non-disclosure of amount in the balance of loans and advances (sec 154 for making such addition is not postulated)

 12 December 2013

This appeal has been preferred by the Revenue against the order of Commissioner of Income Tax(A)-III, New Delhi dated 1.11.2012 in Appeal No. 619/11-12/C.I.T.(A)-III for AY 2005-06..

Posted in Others |   2674 hits

Nonproduction of receipts of expenditure incurred on maintaining the corporate entity

 09 December 2013

This appeal by the Revenue is directed against the order of the Ld. Commissioner of Income Tax (Appeals)-VII, New Delhi dated 24.6.2011 pertaining to assessment year 2008-09..

Posted in Others |   2005 hits

Quashing order passed by the CIT(A) "without providing the opportunity of being heard" to assessee

 05 December 2013

A brief analysis of the study depicts that though the assessee was proceeded ex-parte, the learned CIT(A) has not decided the matter on merits...

Posted in Others |   2882 hits

Disallowing the deduction claimed as amount paid towards gratuity fund for which approval from the concerned CIT is pending

 27 November 2013

The assessee is in appeal against the order dated 16.09.2009 passed by the ld. CIT(A) in the matter of an assessment made by the AO u/s. 143(3) of the Income Tax Act, 1961, (“the Act”) for the A.Y. 2004-05...

Posted in Others |   3039 hits

Expenses incurred by the assessee to maintain its corporate entity are allowable

 22 November 2013

This appeal by the Revenue is directed against the order of the Ld. Commissioner of Income Tax (Appeals)-VII, New Delhi dated 24.6.2011 pertaining to assessment year 2008-09...

Posted in Others |   2800 hits

Disallowance of Expenditure & Business Expenditure

 21 November 2013

This is assessee’s appeal against CIT(A)’s order dated 2-07- 2012 relating to A.Y. 2008-09. Various grounds are raised, which in effect raise following issues: (i) disallowance of expenditure; and (ii) disallowance of business expenditure. ..

Posted in Others |   2197 hits

Application for maintenance (U/S 24-HMA) has to be decided first before an order for filing WS is passed against the applicant

 24 October 2013

It is very unfortunate litigation between the husband/petitioner and wife/respondent who are Advocates of the Supreme Court and of this Court. They got married on 25th January, 1996. However, in the year 2004, the husband, who is the petitioner herei..

Posted in Others 2 comments |   8026 hits

A party, at whose instance the reference is made, fails to appear at the hearing, the court is not bound to answer the reference

 12 June 2013

This is an appeal filed by the assessee against the order dated 02.09.2011 of CIT-XIII, New Delhi pertaining to 2006-07 assessment year. At the time of hearing no one was present on behalf of the assessee as such the appeal was passed over. In the se..

Posted in Others |   2013 hits

Distinction between an action of the tribunal or an administrative authority which is without jurisdiction and an action which is under an error of law

 10 June 2013

The petitioners carry on business, inter alia, of manufacturing dye-stuffs and dye-intermediates. In the manufacture of dye-stuffs and dye-intermediates one of the raw materials used is a product known as "Naphthalene". The main commercial source of ..

Posted in Others |   2000 hits

Removal of Sub lessee and validity of notice

 31 May 2013

(A) A lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument. (B) Since the lease was for a period exceeding one year, it could only have been..

Posted in Others |   2218 hits

Advance received from clients against the bookings of shops

 16 October 2012

Facts : The brief facts of the case are that the assessee is a private limited company and is engaged in the business as builder and developer. Return for the year under consideration was filed on 31.10.2007. The case of the assessee was selecte..

Posted in Others |   2624 hits

Action taken u/s 147 of the Income Tax Act, is there being no escapement of any income, conditions of section 147 were not fulfilled

 06 October 2012

The brief facts of the case are that the assessee is a company which filed return on 22.10.2003 and the return was processed u/s 143(1) of the Act on 12.1.2004. The case of the assessee was reopened u/s 147 and notice 148 of the Act was issued to the..

Posted in Others |   3371 hits

Preventive detention order in respect of a person who is already in custody in respect of criminal case :

 24 May 2012

Facts: H.S Singh was arrested by the Imphal Police under Section 302 of IPC, read with Section 25(1-C) of the Arms Act, 1959. The District Magistrate, Imphal West passed the detention order dated 30.6.2011 under the Act on various grounds with a..

Posted in Others |   2474 hits