LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Judgments and Orders

Order not supported by reasoning deserve to be set aside

 21 November 2012

The relevant facts borne out from the assessment order are that as against the returned income of Rs.89,130/- the income was assessed at Rs.6,18,135/- wherein the Assessing Officer made additions on account of undisclosed capital gain; unexplained ag..

Posted in Taxation |   1937 hits

Compensation to a victim in accident granted under two head pain and suffering and loss of amenities of life

 20 November 2012

Despite many a pronouncement in the field, it still remains a challenging situation warranting sensitive as well as dispassionate exercise how to determine the incalculable sum in calculable terms of money in cases of personal injuries. In such asses..

Posted in Civil Law |   2537 hits

As per section 11(2) parties can agree the appointing of arbitrator and in the absence of such agreement section 11(3) to be followed

 20 November 2012

These appeals have raised the question about the procedure that is being followed by Calcutta High Court in consideration of the applications under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, ‘1996 Act’). When the special lea..

Posted in Civil Law |   1901 hits

No recognition can be granted to any institution for conducting teacher training course unless fulfillment of conditions laid in Sections 14(3) or 15(3) read with Regulations 7 and 8

 19 November 2012

Acquisition of knowledge and obtaining of necessary training for imparting education have their immense signification. As C. immons would like to put it “The secret of successful teaching is to teach accurately, thoroughly, and earnestly” and one may..

Posted in Civil Law |   2108 hits

Exercise of power by president under Article 143(1) of the Constitution of India

 19 November 2012

In exercise of powers conferred under Article 143(1) of the Constitution of India, the President of India has on 12th April, 2012, made the present Reference..

Posted in Civil Law |   4727 hits

Authority of central information commission under section 8(1)(j) to deny information of respondents by considering personal

 17 November 2012

We are, in this case, concerned with the question whether the Central Information Commissioner (for short ‘the CIC’) acting under the Right to Information Act, 2005 (for short ‘the RTI Act’) was right in denying information regarding the third respon..

Posted in Civil Law |   2091 hits

Principle of ‘equal pay for equal work’ requires consideration of various dimensions of a given job

 17 November 2012

The appellant was initially appointed as a Laboratory Assistant in Group D on 29th December, 1961 in the National Dairy Research Institute (hereinafter referred to as ‘NDRI’). On 13th January, 1966, he was promoted as a Lower Division Clerk (Junior C..

Posted in Civil Law |   4450 hits

Willful concealment is not an essential ingredient for attracting civil liability and prosecution under section 276C

 16 November 2012

After analysing the facts of this case, considering the submissions made by the learned Advocates for the parties and the materials placed before us, we cannot brush aside the fact that the assessee ompany is a well known and reputed Chartered Accoun..

Posted in Taxation |   1683 hits

Validity of order passed by majority as per section 255(4) of IT

 16 November 2012

The assessee company is engaged in the business of operation and management of hotels owned by third parties. The assessee has taken over the management of the hotel property, viz. Tulip Star Mumbai, situated at Juhu Tara Road, Juhu, Mumbai. The asse..

Posted in Taxation |   1528 hits

Is transfer constituted application of income under Section 11(1)(a) of 1961 Act subject to condition

 15 November 2012

Whether amounts transferred by the assessee to Mandi Parishad would constitute application of income for charitable purposes within the meaning of Section 11(1)(a) of the Income Tax Act, 1961?”..

Posted in Taxation |   1410 hits

Transaction between the assessee and the director cannot be covered by section 269T

 15 November 2012

Briefly stated the facts of the case giving rise to this appeal are that the assessee filed a return declaring loss of Rs.3,95,706/- and his assessment was finalized u/s 143(3) of the Act at an income of Rs.3,84,698. During the assessment, the AO obs..

Posted in Taxation |   2089 hits

Penalty cannot be imposed under section 271 on debatable issue

 12 November 2012

The relevant facts of the case giving rise to these appeals are as follows. The assessee is a private limited company which filed its return of income for A.Y. 1981-82, 82-83 and 83-84 on 30.6.1981, 30.6.1982 and 10.8.1983 respectively. On the basis ..

Posted in Taxation |   2368 hits

Section 32 applied only on capital expenditure not on revenue for any reason

 12 November 2012

That the Ld. Commissioner of Income Tax (A) erred on facts and in law in confirming the disallowance of ` 30,07,454/- made by the Assessing Officer in respect of expenditure on repairs and maintenance of building incurred by the appellant, holding th..

Posted in Taxation |   2085 hits

Stock converted to investment to evade tax cannot be considered as valid conversion

 10 November 2012

The brief facts of the case are that the assessee is a private limited company and it has filed return of income on 31.10.2005. The case of the assessee was selected for scrutiny. During assessment proceedings, the Assessing Officer found that assess..

Posted in Taxation |   1544 hits

Appeal disposed on merit without speaking order cannot be sustained

 10 November 2012

We find that CIT(A) has passed a non-speaking order by following the decision of ITAT in the case of Multiplan India (Pvt.) Ltd. (supra). We are of the view that where appeal has been disposed of even though on merits without a speaking order, the or..

Posted in Taxation |   2025 hits

Assessee is allowed to withdraw before any decision made

 09 November 2012

At the time of hearing, ld A.R. submitted that assessee be allowed to withdraw his appeal. Learned D.R submitted that he has no objection to accept the prayer of ld A.R. In view of submissions of ld representatives of parties, we accept assessee’s pr..

Posted in Taxation |   1324 hits

Without supporting indexation benefit cannot be denied by AO

 09 November 2012

On the facts and in the circumstances of the case and in law, the ld CIT(A) erred in deleting the addition made on account of rejection of indexed cost without appreciating the facts that the assessee has not produced any evidence for acquisition cos..

Posted in Taxation |   1426 hits

Payment received through banking channels is enough to find out the source and reason

 08 November 2012

In this case return of income declaring total income of ` 108107/- was filed on 31.10.1993 after claiming deduction of ` 3,08,43,785/- u/s. 80HHC of the Act. Original assessment in this case was completed u/s. 143(3) on 29.3.1996. At the time of orig..

Posted in Taxation |   1491 hits

Adjustment in the arm’s length price on international transaction to avail intra-group services of associated enterprises

 08 November 2012

the Assessing Officer (‘A.O.’)/Dispute Resolution Panel (‘DRP’) has erred in making an addition of Rs.34,780,481/- to the total income of the Appellant on account of adjustment in the arm’s length price of the international transaction pertaining to ..

Posted in Taxation |   1584 hits

Lack of effort from AO to verify creditors is not the part of fault of Assessee

 07 November 2012

The AO called the assessee to explain why the above claim of unsecured loan from the above three persons shall be treated as unexplained cash credit u/s 68 of the Act. In response to show cause notice, the assessee submitted details of cheque nos. by..

Posted in Taxation |   1606 hits