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Judgments and Orders

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 |   1643 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 |   2128 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 |   1068 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 |   4476 hits

When a land is acquired having potentiality to developed into urban land eligible to pay higher rate of compensation

 23 July 2012

The appellants did not file application under Section 18 of the Act for determination of compensation by the Court, but after amendment of the Act with effect from 24.9.1984 and disposal of the references made at the instance of other landowners, the..

Posted in Civil Law |   3064 hits

AO should made proper classification before making addition and in PF condition under section 43B to fulfill to avoid addition

 23 July 2012

The circumstances of the case the Ld. C.l.T(A) was not justified in confirming the addition of Rs. 1,48,90,366/- with processing charges without properly appreciating the facts that all the receipts were not on account processing charges and other fa..

Posted in Taxation |   1322 hits

As per chapter III schedule I panchayat can make provision likely to promote advantages of local people and sec 178 empower the Director to act according to panchayat

 21 July 2012

M/s. Kay Jay Constructions Company Pvt. Ltd. (hereinafter described as, ‘the company’) (respondent No.4 in the appeal arising out of SLP (C) No.1758 of 2011) was granted permission by the appellant in 2006 for raising construction on property bearing..

Posted in Civil Law |   2153 hits

Escalation of price cannot be considered as force majeure event providing it with the defence of non performance of its obligation

 21 July 2012

Coastal Andhra Power Limited (‘CAPL’) has filed this petition under Section 9 of the Arbitration & Conciliation Act, 1996 (‘Act’) against the Andhra Pradesh Central Power Distribution Company Limited (‘APCPDCL’), Andhra Pradesh Southern Power Distrib..

Posted in Civil Law |   2691 hits

Deduction under section 80GGB cannot disallowed only on the basis not mentioned in the return

 21 July 2012

For that on the facts and in the circumstances of the case, the CIT (A) erred both in law and on facts in holding that the appellant was not entitled to deduction u/s 8OGGB only because the claim therefore was not made in the return or the revised re..

Posted in Taxation |   1884 hits

Provision of section 194I is applied only on the payment of Rent for deducting TDS

 21 July 2012

Assessee is a company established by the Govt. of Maharashtra and was incorporated on 31.5.2005 pursuant to the provisions of Section 131, 133 and 134 of Part-XII of the Electricity Act, 2003 relating to the reorganization of Maharashtra State Electr..

Posted in Taxation |   1722 hits

A person is free to file his representation regarding the claim of excess pyment made by him

 20 July 2012

The petitioner has approached this Court with certain grievances with regard to the amount payable to the second/third respondent. In view of the intervening developments, learned counsel for the petitioner, on instruction, prays for an opportunity t..

Posted in Civil Law |   1453 hits

As per section 80 IC it is the net interest to be excluded from the eligible profit for calculation of deduction

 20 July 2012

The brief facts of the case are that search and seizure operation under section 132 of the Income-tax Act, 1961 was conducted on 10.5.2007 in M/s. U. Flex Ltd., Group of cases. The assessee was also covered under the search operation. In order to giv..

Posted in Taxation |   2174 hits

As per section amount written back out of the bad debts and miscellanious income are to be considered as business income

 20 July 2012

Briefly stated assessee is a Member of Stock Exchange, Mumbai. Vide order dated 4.4.2001 assessee was debarred from undertaking any fresh business as a stock broker or merchant banker till further orders. This order was confirmed by SEBI vide order d..

Posted in Taxation |   1574 hits

Mere pendency of the writ petition should not disentitle the petitioner from the benefits flowing out of the order under challenge in the present writ petition

 19 July 2012

The facts, as disclosed from the record, in a nut-shell are that the original applicant was initially recruited as Supporting Staff Grade-I on 25.7.1979 by the 1st respondent and subsequently promoted as Supporting Staff Grade-II on 4.10.1996. In the..

Posted in Civil Law |   1712 hits

Observation made for disposal of bail petition same shall not be construed as an expression of opinion on the meritof the case

 19 July 2012

It has been stated that Baba Pritam Shah executed his last Will dated 15.8.2011 in favour of Dharma Shah. The Will was scribed by Sanjeev Kumar and attested by Nikka Ram and Kewal Krishan. The complainant Satpal reported the matter to the police on t..

Posted in Civil Law |   1792 hits

Terms and condition of memorandum of settlement is to be bound on all the party under section 391 and 394 of Companies Act

 19 July 2012

In sequel to orders passed by this Court with the earnest efforts of Mediators, namely, Mr. J.S. Bhogal, Senior Advocate and Mr. Pawan Thakur, Advocate, the matter has been amicably settled between the parties. The parties have jointly placed on reco..

Posted in Corporate Law |   2599 hits

When the circumstances under consideration same as last year it is bound to follow the the order of tribunal of previous year

 19 July 2012

Assessee company is deriving income from doing hard chromium plating on textiles, embossing rollers, mirror rollers, machinery parts etc. and rent from its building premises at Worli. Return of income was filed on 26.09.2008 declaring net loss of 1.8..

Posted in Taxation |   1023 hits

When nither proof in support of claim can be requisitioned nor expenditure can be judged it is not possible ti interfere with the finding of the CIT

 18 July 2012

Capital expenditure debited to P&L account: In the Tax Audit Report, the auditor has identified the amount as capital expenditure. The details of the same have been furnished in the Annexure 1 to the Audit Report. Accordingly, the same was clearly di..

Posted in Taxation |   990 hits

According to Order VII Rule 11, Rule 14(1) and Rule 14(2) that in the absence any cause of action suit cannot be proceed

 18 July 2012

On 07.01.1990, the appellant-Society (first defendant), the owner of the property situated at Door No. 35, Lock Street, Kottur, Chennai entered into an Agreement for Sale of the property in favour of one S. Velayutham - 2nd defendant in the suit on t..

Posted in Civil Law |   2843 hits

If variation in estimated and recorded cost is less than 10% is allowed to the assessee towards self supervision

 18 July 2012

Even on the facts, it is noticed that the D.V.O has estimated the cost of construction at Rs.. 29,06,032/- as against the cost of construction recorded by the assessee of Rs.26,29,160/-. The variation is amount of Rs. 2,76,863/,- which is less than 1..

Posted in Taxation |   1104 hits