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Judgments and Orders

It is enough to proved the source of investment

 23 November 2012

The facts as per the relevant orders are that a search was conducted on the assessee on 15.01.2009, together with searches in the Gopal Zarda group of cases. The assessee individual is a partner in certain firms and has, during the year, derived inco..

Posted in Taxation |   1489 hits

Depreciation of asset of the institution under section 12A to be deducted to arrive at income available for charitable purposes

 22 November 2012

On the facts and in the circumstances of the case, the Ld. CIT(A) erred in allowing depreciation on certain fixed assets, particularly when full cost of such assets stood allowed in earlier years as application of income and further allowance by way ..

Posted in Taxation |   2487 hits

Liability appearing in BS not attract section 41(1) and expenses on business promotion without supporting is disallowed subject to limit

 22 November 2012

The Learned CIT(A) has erred in law, on facts and circumstances of the case in assuming jurisdiction for giving direction for disallowing expenditure in the year which was not before him such directions are beyond the scope of statutory powers of CIT..

Posted in Taxation |   1569 hits

In the interests of justice issue can restore back to the file of the learned CIT(A) with appropriate direction

 21 November 2012

This is an appeal filed by the assessee against the order dated 3.08.2010 of the Commissioner of Income-tax (Appeals)-XIX, New Delhi pertainng to the Assessment Year 2003-04 on various grounds. However, at the time of hearing the assessee filed an a..

Posted in Taxation |   1458 hits

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 |   1974 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 |   2594 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 |   1937 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 |   2137 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 |   4776 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 |   2118 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 |   4486 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 |   1719 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 |   1562 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 |   1431 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 |   2120 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 |   2398 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 |   2114 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 |   1567 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 |   2050 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 |   1343 hits