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Judgments and Orders

Cancellation of registration of Institute registered under sec 12A without recording the cause by DIT is not valid

 09 June 2012

The DIT (E) has erred in law and on facts and circumstances of the case in canceling the Registration u/s 12A(a) with effect from assessment year 2009-10 and onwards, discarding the fact that the Society is engaged in providing medical relief to the ..

Posted in Taxation |   2343 hits

As per Article 26(3) of Indo-US DTAA the AO cannot seek to invoke the provision of sec 40(a)

 09 June 2012

The facts as stated in the order of Assessing Officer as well as CIT(A) are that the assessee is in the business of inbound tour operation and it provides services to foreign tourists visiting the Indian subcontinent. The assessee does not have any b..

Posted in Taxation |   1612 hits

The appeal should be signed by the assessee otherwise it can be treated as absence of interest for prosecution and deserved to dismiss

 08 June 2012

No one was present on behalf of the assessee and no adjournment petition was also moved on behalf of assessee. At the time of hearing before us two defects were found in the receipt. Firstly the appeal is not signed by the Managing Director and secon..

Posted in Taxation |   1004 hits

As per the CBDT circular issued on 09.02.2011 tax effect for filling appeal before Tribunal should be more than Rs. 3 Lakh

 08 June 2012

On the facts and in the circumstances of the case, the Ld. Commissioner of Income Tax (Appeals) has erred in :- Deleting the addition of ` 6,33,212/- made by the Assessing Officer on account of Long Term Capital Gain u/s. 50C(1) of the Income Tax..

Posted in Taxation |   1418 hits

Limitation to initiate proceeding under sec 81 of Delhi Lansd Reform Act.have to be reconed from period of violation

 08 June 2012

The challenge to the impugned order (Annexure P-8) is on the ground that the earlier proceedings under Section 81 of the Delhi Land Reforms Act, 1954, initiated against the petitioner were dropped vide order of 4th May, 2000 (Annexure P-2) and in vie..

Posted in Property Law |   6242 hits

UGC Package 1998 amended from time to time would be extended to the faculty of NIHFW only as it existed on 30.09.1992

 07 June 2012

The petitioners were working in the National Institute of Health and Family Welfare (NIHFW). The claim of the petitioners before the Tribunal was that they were governed by the University Grants Commission (UGC) package of 24.12.1998 whereby the age ..

Posted in Civil Law |   1656 hits

Penalty under srec 271(1)( C ) cannot be imposed after disclosure of fact in the balance sheet

 07 June 2012

The fact of the is the applicability of provision of sec 271 (1) (C) of the Act.after disclosure of the fact in Balance Sheet...

Posted in Taxation |   2949 hits

Sec 36(1)(viia) applies to bad debts arising out of rural advance of a bank

 07 June 2012

We can find the facts of the case after considering the above as well as on law, the Learned CIT(A) has erred in confirming disallowance of provision for bad and doubtful debts to the extent of Rs.63,45,02,440 claimed by the appellant under the first..

Posted in Taxation |   2704 hits

When an order is made by a court it is his obligation to obey the order without any condition

 06 June 2012

It is the plain and unqualified obligation of every person against, or in respect of whom an order is made by a court of competent jurisdiction to obey it unless and until that order is discharged. The uncompromising nature of this obligation is show..

Posted in Civil Law |   2615 hits

Rule 8D is applicable subject to the ratio laid down by the HC of Bombay in its judgment and payment of interest under sec 234B,C depends upon coverage of sec 115JB

 06 June 2012

Assessee is in appeal before us. The Ld. Counsel for the assessee argued that applying Rule 8D for the year under consideration is against the ratio laid down by the Jurisdictional High Court of Bombay in the case of Godrej & Boyce Mfg. Co. Ltd. Vs D..

Posted in Taxation |   1744 hits

After dismissal of appeal for non prosecution appellant can recall the appeal only after showing proper cause and Tribunal can recall at its discretion

 06 June 2012

if the assessee through proper application can satisfy the Tribunal for such non appearance on the date of hearing, the Tribunal may at its discretion recall this order...

Posted in Taxation |   1131 hits

Where the findings based on some evidence court cannot reappreciate the evidence and substitute them with its own findings

 05 June 2012

This appeal, by special leave, is preferred by the Patna High Court, through its Registrar General, against the judgment and order dated 21st May, 2010, rendered by a Division Bench of the High Court in the writ petition filed by respondent no.1. In ..

Posted in Civil Law |   2335 hits

As per sec 11 of IT Act. if no contrary view taken by superior against the decision of coordinated branch cannot be setaside in the absence of proof

 05 June 2012

In the facts and circumstances of the case and in law the learned CIT(A) has erred in directing the AO to grant exemption u/s. 11 of the IT Act to the assessee when the status of the assessee that was held as “AOP” for the reasons as discussed in t..

Posted in Taxation |   1080 hits

Late deposit of TDS cannot be the reason of disallowance as per sec 40a(ia)

 05 June 2012

Facts, in brief, as per relevant orders are that return declaring income of ``12,75,862/- on a/c of short term capital gains and nil business income filed on 30.09.2008 by the assessee, after being processed u/s 143(1) of the Income-tax Act, 1961 (he..

Posted in Taxation |   2746 hits

Expenses to maintain relationship in business is allowable and rent received by sub-lessor cannot be treated as income of first lessor

 04 June 2012

On the facts and circumstances of the case and in law, the learned CIT(A) erred in upholding the action of the AO in disallowing an ad-hoc amount of Rs. 1,25,000/- towards gift expenses on the alleged ground that the gift expenses are not incurred wh..

Posted in Taxation |   1570 hits

As per IT circular May 15’2008 if the same issue in respect of the same assessee for other assessment year department cannot file appeal if tax effect less than 4 lakh

 04 June 2012

Before us, both the learned Representatives agree that the tax effect in the Revenue’s appeal is less than ` 3,00,000. As per CBDT Instruction no.3 of 2011, dated 9th February 2011, the appeal before the Appellate Rishabh Investments P. Ltd. Tribuna..

Posted in Taxation |   1119 hits

Chances to restrain from payment under bank guarantee on ground of froud is narrow afforded by law

 02 June 2012

The instant appeal concerns, two of the several purchase orders placed by the respondent „Milkfood Ltd.‟ upon M/s.Dany Dairy Food Engineer Ltd. (DDFE) i.e. the purchase orders dated May 25, 1988 and September 10, 1988, for due performance of which, a..

Posted in Civil Law |   1958 hits

Declration of additional income by assessee cannot be disallowed under sec 10A without proper record

 02 June 2012

Briefly stated facts of the case are that the assessee company is engaged in the business of manufacturing of Soya Oil. In the case of Ruchi Soya Group, a search and seizure action u/s 132(1) of the Income Tax Act 1961 (the Act) was carried out by th..

Posted in Taxation |   1562 hits

TDS deposited before the filling of return cannot be disallowed under sec 40(a)(ia)

 02 June 2012

We find that the only grievance of the Revenue is that the amendment brought in the Income Tax Act u/s. 40(a(ia) was only effective from 1.4.2010 and not retrospective in nature..

Posted in Taxation |   2281 hits

Attempt to rape with minor and consequent death ( Sec - 302, 376, 511 )

 02 June 2012

Facts: Vineshwari along with her brother, ,was having a bath in the water. Kali Charan and Ganeshi, PW 2, were grazing their cattle in the field situate at a short distance. The accused-appellant, a resident of the village, cajoled Vineshwari to a..

Posted in Criminal Law 1 comments |   2121 hits







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