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Judgments and Orders

Interest under section 244A to be computed on the gross including principal as well as interest

 03 August 2012

Briefly stated facts are that the AO has computed the interest u/s. 244A of the Act on the refundable amount without considering the interest incomes credited earlier in the tax computation statement as per the appeal effect order dated 21.06.2010. I..

Posted in Taxation |   4876 hits

Party of a contract who has complains of breach of contract must prove what is the actual loss suffered by it

 01 August 2012

The undisputed facts are that the plaintiff, M/s York Export Ltd., and the defendants entered into an agreement whereby the defendants agreed to sell and the plaintiff agreed to purchase 164 bighas 7 biswas of land owned by the defendants comprised ..

Posted in Property Law |   3366 hits

The show cause notice must mention the order which CIT sought to revise otherwise ntice treated to be invalid

 01 August 2012

It was the submission by the ld. AR that the show cause notice issued u/s 263 of the IT Act on 23.01.2012 had not mentioned which order was erroneous nor had he mentioned the error in the assessment order. It was the submission that the show cause no..

Posted in Taxation |   1716 hits

Entry in the Bank Statement cannot be treated as unexplained under section 68 of IT Act

 01 August 2012

Facts, in brief, as per relevant orders are that e-return declaring income of ``32,780/- filed on 21.11.2006 by the assessee, engaged in the business of manufacturing and trading in home furnishing, after being processed u/s 143(1) of the Income-tax ..

Posted in Taxation |   2426 hits

Tribunal can examine whether there was any delay in filing after giving due notice and permitting the appellant to raise such contentions including filing such affidavits depends on circumstances

 31 July 2012

The Income Tax authorities made re-assessments on 28.12.2007. The order was carried in Appeal. The Appellant had objected to the assumption of jurisdiction under Section-147 of the Act by the A.O. and also objected to the addition of certain amounts ..

Posted in Taxation |   1074 hits

Judges do not make the law, they only discover or find the correct law” and, therefore, a rectification of mistake in an order can be allowed

 31 July 2012

By way of this appeal, the Assessing Officer has challenged correctness of Commissioner of Income Tax (Appeals)’s order dated 04.11.2011 in the matter of order u/s. 154 r.w.s. 143(3) of the Income Tax Act, 1961, for the assessment year 2005-06. The a..

Posted in Taxation |   1652 hits

To contest in election and elect office bearer in SCBA the condition of regular practitioner need to be fulfilled

 30 July 2012

The aforesaid appeals had been filed on behalf of the Supreme Court Bar Association and its then Honorary Secretary, Mr. Ashok Arora, and Ms. Sunita B. Rao, Coordinator, Implementation Committee of the Supreme Court Bar Association, against an interi..

Posted in Constitutional Law |   1927 hits

Non prosecution can cause the appeal to be dismissed

 30 July 2012

Having regard to Rule 19(2) of ITAT Rules, 1963 and following various decision of the Tribunal including in the case of C.I.T. vs. Multiplan India (P) Ltd., reported in 38 ITD 320 (Del.) and the judgement of Hon’ble Madhya Pradesh High Court in the c..

Posted in Taxation |   1492 hits

Accounting Standard 14 is applicable only on ammalgation not on demerger

 30 July 2012

This petition has been filed under Sections 391 to 394 of the Companies Act, 1956 (the Act) by Sony India Private Limited (hereinafter referred to as petitioner/transferor company), in respect of a scheme of arrangement (scheme for short) between the..

Posted in Taxation |   2104 hits

Provision of section 194I is applicable only where there is relation ship of lesee and lessor

 28 July 2012

I have carefully considered the assessment order and the submissions made by the ld. AR in this regard. As per the facts of this case, the appellant company is a 100% subsidiary of the holding company M/s McCann-Erickson (India) Pvt. Ltd. M/s McCann ..

Posted in Taxation |   2007 hits

Exemption under section 54 is devoid on the basis that constructed houses and properties of members cannot be deemed to be purchased or constructed

 28 July 2012

Brief facts are that the assessee is a cooperative society engaged in the construction of about 476 flats. It has claimed that due to dispute between different groups of members, complaints were made for violation of cooperative group housing society..

Posted in Taxation |   1244 hits

Before passing any order provision of section 250(6) to be consider

 27 July 2012

At the time of hearing the ld. Counsel appearing on behalf of assessee has submitted a copy of the adjournment petition made before ld.CIT(A) dated 09.02.2011 and submitted that the ld. CIT(A)’s observations that no applications for adjournment were ..

Posted in Taxation |   1206 hits

Rebate under section 88E is to be allowed from tax computed under section 115JB

 27 July 2012

That without prejudice to Ground No. 1 above , the l earned Commissioner of Income Tax erred in holding that the Assessing Of f ice r failed to consider the applicability of provisions of sect ion 115JB of the Income Tax Act , 1961 when the tax payab..

Posted in Taxation |   2251 hits

Share accepted as consideration interest is dimeed to have accrued and allowable and guidlines RBI cannot be override by provision of IT on leas rent due from NPA

 26 July 2012

That the Ld. CIT(A) was unjustified in confirming the addition of Notional Interest of Rs.7.18 Crore allegedly due from M/s. V. B. Desai & Co. without any cogent reasons. 1.1. That the Ld. CIT(A) failed to appreciate that after the judgment of the Sp..

Posted in Taxation |   1171 hits

Trade mark of partnership firm considers as part of goodwill and in dissolution surviving partner is only having right

 26 July 2012

Mr. Pamaljeet Singh is sole proprietor of M/s Friends Overseas (plaintiff). In fact, sole proprietorship firm has no separate legal entity and is a creation of its sole proprietor, thus, any reference made to sole proprietorship firm shall mean and i..

Posted in Civil Law |   3209 hits

Seeking permission to withdraw petition to file fresh petition is allowable

 26 July 2012

Petitioner seeks permission to withdraw the writ petition with liberty to file a fresh petition after impleading all the necessary parties. Permission, as above, is granted...

Posted in Civil Law |   1742 hits

Sec 83 of Finance Act with sec 12A of Central Excise Act 1944 service tax is liability of the beneficiary subject to the condition where service provider accept the liability

 25 July 2012

The Petitioner Trust owns the premises at E-10, Block E, Inner Circle, Connaught Place, New Delhi (‘the premises’). The Petitioner leased out the said premises to the Respondent by a lease deed dated 25th April 2007. The lease was for an initial peri..

Posted in Taxation |   1628 hits

As per section 36(1)(vii) of the IT bad debts written off was liable to be allowed

 25 July 2012

The fact of the case is the whether the assessee eligible to allowed deduction for bad debt written off...

Posted in Taxation |   2113 hits

Computtion of discount on hypothical basis and applied monthly is not permissible because discount is not constant

 25 July 2012

At the time of hearing the ld.AR for the assessee submitted that the appeal filed by the assessee is barred by limitation by 41 days. It was submitted that the assessee has filed an affidavit for condonation of delay to which revenue has not raised a..

Posted in Taxation |   1035 hits

Rule 52 empowers the State Government to sanction a lease or sale of nazul land for particular purpose at particular rate keeping in view the circumstances of the case

 23 July 2012

Respondent No.1 filed Writ Petition No.11 of 1995 for quashing tender notice dated 20.12.1994 on the ground that the same was contrary to the Zonal Development Plan prepared under the U.P. Urban Planning and Development Act, 1973 and prayed that a ma..

Posted in Civil Law |   4442 hits