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Judgments and Orders

Whether employee voluntarily retired cannot take participate in pension scheme

 01 September 2012

The origin of the claim was traced in the decision to employees of DTC having filed a petition in the Supreme Court praying that DTC be directed to frame and bring into operation a pension scheme. DTC gave an assurance to the Supreme Court that it wo..

Posted in Civil Law |   2136 hits

Depreciation on construction in integral part of the plant

 01 September 2012

On the facts and circumstances of the case, the order passed by the learned Commissioner of Income Tax (Appeals), CIT(A) is bad, both in the eyes of law and on facts. 2. On the facts and circumstances of the case, the learned CIT(A) has erred, both ..

Posted in Taxation |   2397 hits

If third person entitled to receive under obligation from assessee cannot be consider as diversion of income

 31 August 2012

Facts, in brief, as per relevant orders are that return declaring income of ``1,19,38,802/- filed on 28.10.2005 by the assessee, a partnership firm carrying on the profession of Ophthalmology surgeons, was processed u/s 143(1) of the Income-tax Act, ..

Posted in Taxation |   1339 hits

Mistake indetermining the rate of tax cannot be consider as consealment of income

 31 August 2012

Brief facts of the case are that the assessee has declared long term capital gains of `.1,28,258,902/- out of which long term capital gain, of `.3,75,902/- pertained to listed shares. The entire LTCG was claimed as exempt under section 10(38) includi..

Posted in Taxation |   1210 hits

Jurisdiction of the court to allow either party to amend his pleadings at any stage necessary for solution of real question

 31 August 2012

The petitioners had filed a suit for declaration and permanent injunction against the respondent MCD on the averments that plaintiff No. 2 (petitioner No. 2 herein) is the owner of plot in Khasra No. 262, 258 & 217/4 in village Bharola, Delhi, but, t..

Posted in Civil Law |   2436 hits

Relief claimed barred by limitation act cannot be allowed

 31 August 2012

This is a suit for declaration and injunction. The plaintiff claims to be the true and authentic sports federation formed in the year 1977 for promoting sports of “Throw Ball‟ in the country. The plaintiff was registered at Jind, Haryana, vide regist..

Posted in Civil Law |   3050 hits

After 1st April not necessary to established the debt is irrecoverable and enough to written off

 30 August 2012

facts, in brief, as per relevant orders are that return declaring nil income, after set off of business loss of ``568,87,510/- , filed on 31.10.2005 by the assessee, engaged in the business of publishing of telephone directory with yellow pages, was ..

Posted in Taxation |   1191 hits

Absence of communication for non appearance can treat the appeal to be unadmitted

 30 August 2012

In the case of Commissioner of Income-tax vs. Multiplan India (P) Ltd.; 38 ITD 320 (Del), the appeal filed by the revenue before the Tribunal, which was fixed for hearing. But on the date of hearing nobody represented the revenue/appellant nor any co..

Posted in Taxation |   1100 hits

In the situation of outstanding liability of rent company cnnot proceed to wind up

 29 August 2012

The Appellant herein as landlord filed a suit for eviction against the respondent company on the ground of default in making payment of the rents and also on grounds of reasonable requirement, in the City Civil Court at Calcutta, under the provisions..

Posted in Corporate Law |   2619 hits

Explanaion of section 73 is not applied in the transaction of govt securities and expenditure claimed must be accompanied by evidence

 29 August 2012

The learned Assessing Officer has erred in disallowing Rs. 25.00 lacs, on ad hoc basis, towards share trading expenses on erroneous assumption that the appellant has incurred expenditure towards speculation business and allocated on proportion basis ..

Posted in Taxation |   1115 hits

Inflation of capital gain by showing higher purchase price and paying tax under section 115JB is not questionable

 29 August 2012

The facts in brief are that the assessee for the assessment year 1999-00 had declared long term capital loss of Rs.4,01,75,013/- on sale of shares which had been set off against short term capital gain from sale of shares of Rs.3,98,40,597/- and thus..

Posted in Taxation |   1124 hits

In matters of administration of the internal affairs of a University, the courts should be most reluctant to interfere

 28 August 2012

It is alleged that on 02.02.2010 Craig Mcleod grossly misbehaved on campus with two Professors of the University. As a result of the incident, a First Information Report was lodged with the police and the Proctorial Board of the University took an em..

Posted in Civil Law |   1778 hits

Cheque payment is enough to prove payment and deduction for staff welfare si allowed only if made by assessee

 28 August 2012

The Ld. CIT (A) erred in confirming disallowance of Rs. 47,59,846/- being payment made to the sub-contractors on the ground that identification of these sub-contractors are not proved without properly appreciating the facts of the case and law applic..

Posted in Taxation |   1111 hits

Condition of section 68 treated to be fulfilled by furnishing necessary materials with supporting evidence

 28 August 2012

Facts indicate that Assessing Officer made addition of Rs.1,98,64,646/- as unexplained cash credit u/s 68 of the Act against which assessee preferred appeal in which action of he Assessing Officer in regard to addition u/s 68 of the Act was challenge..

Posted in Taxation |   1192 hits

If the person at whose instance reference is made fails to appear appeal deserved to be dismissed

 25 August 2012

These cases were listed for hearing before the Tribunal on 06-8-2012 and for this assessee was informed. Today i.e. on 06-8-2012 when the case was called on board, none appeared on behalf of the assessee nor any request for adjournment has been filed..

Posted in Taxation |   1247 hits

In case of liver transplant donor must be informed all possible outcomes

 25 August 2012

For this purpose the petitioner says that he has obtained requisite permission including a NOC from the Organ Transplantation Committee constituted by the State of U.P, and a NOC from the District Magistrate, AGRA. Reliance is also placed by the peti..

Posted in Civil Law |   1641 hits

Ground not press at the time of hearing deserved to be dismissed

 25 August 2012

We first take up the dispute relating to additions of unsecured loans under section 68 of the Act. The AO during the assessment proceedings noted that the assessee who was engaged in the business of film production and marketing, had declared unsecur..

Posted in Taxation |   1208 hits

In case of developer firm it is not necessary that in every assessment year actual construction activity should be carried out

 24 August 2012

The Learned CIT (Appeals) failed to appreciate that the amount offered during Survey u/s 133A carried out on 13/02/07 was not offered as any cash or other investments were recovered during the survey, but as there were mere entries without any narrat..

Posted in Taxation |   1329 hits

Objection to notice must be disposed of first and only thereafter assessment can be proceede

 24 August 2012

As per a Supreme Court decision, objection to notice must be disposed of first and only thereafter assessment can be proceeded. The objections dated 16.3.2010 were disposed of by Income-tax Officer on 22.10.2010 and notice u/s 143(2) is dated 15.9.20..

Posted in Taxation |   1685 hits

Consequences of getting employment by false information

 24 August 2012

The Inquiry Officer gave a report opining that there was an interpolation in the school leaving certificate for the reason it was proved that in the school record the date of birth of the petitioner was 01.11.1954. As per the school record, this was ..

Posted in Civil Law 1 comments |   1788 hits