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Judgments and Orders

Limitation being a matter of procedure, only that law that is applicable at the time of filling the appeal so sec 74A(2)(b) of DVAT would apply

 15 June 2012

By way of this writ petition, the petitioner has challenged the show cause notice dated 02.02.2010 pertaining to the assessment year 2003-2004 primarily on the ground that the said show cause notice is barred by time. By virtue of the said show cause..

Posted in Taxation |   1109 hits

Notice issued under sec 143 on or before September 2011 is barred by limitation as per second provision to sec 153(1)

 15 June 2012

The petitioner had filed return of income for the assessment year in question under Section 139(4) of the Act on 6th October, 2010. The contention of the petitioner is that the Assessing Officer could have initiated scrutiny assessment proceedings by..

Posted in Taxation |   2021 hits

Arbitration agreement on the death of the named arbitrator :

 14 June 2012

Facts - The petitioner by way of Agreement transferred land to the respondent - the Collector, Porbander , Revenue Department, State of Gujarat said lands were transferred to the respondent without prior permission of the Collector and as such the p..

Posted in Corporate Law |   1906 hits

Acquittal based on mis-appreciation of evidence is deserved to be reverse

 14 June 2012

One Smt. Batasi Devi (PW.2) lodged an FIR on 2.2.1996 in Haraiya Police Station alleging that her daughter Renu, aged 5-6 years, was found dead on her cot in Muradipur, the village of her maternal grandmother on 30.1.1996 at about 9.00 p.m. Initially..

Posted in Criminal Law |   1984 hits

As per clause 11 expenses incurred for promotion of branded jewellery which give enduring benefit to the assessee can claim deduction

 14 June 2012

The factual matrix of the case is that the assessee-company is engaged in the business of licensing, manufacturing, distribution and selling of diamonds under the brand “Nakshatra”. In the course of scrutiny proceedings, the Assessing Officer noted t..

Posted in Taxation |   1046 hits

Expenses related to business can claime as deduction and show cause notice is not condition precedent for charging interest under sec 217

 14 June 2012

In paragraph 2 of the judgment, it was pointed out by this Court that the learned counsel for the assessee/appellant confined his grievance only to disallowance of payment of `2,00,000/- made to one Mr. Sunil Kumar. This issue has been considered and..

Posted in Taxation |   947 hits

Execution proceding cannot be taken out against a shell company having no asset.

 13 June 2012

The Arbitrator commenced proceedings and a statement of claim was filed on behalf of the respondent. The appellant filed its defence statement-cum-counter claim and, the case was listed for admission / denial of documents on 30.04.2003. The appellant..

Posted in Corporate Law |   2071 hits

In case of no contrary view by superior and in the absence of supporting document exemption under sec 11 is allowed

 13 June 2012

In the facts and circumstances of the case and in law the learned CIT(A) has erred in directing the AO tog grant exemption u/s. 11 of the I.T Act to the assessee trust when the order dt. 31.12.2008 u/s. 12AA(3) of the Act has been appealed before the..

Posted in Taxation |   929 hits

Company registered with the object of advancing loan on interest can set off its loss with its earning of interest from bank deposite

 13 June 2012

Facts, in brief, as per relevant orders are that return declaring nil income filed by the assessee, was selected for scrutiny with the service of a notice u/s 143(2) of the Income-tax Act, 1961 (hereinafter referred to as the Act), issued on 27th Aug..

Posted in Taxation |   1120 hits

Any act of the Respondend contrary to the procedure of law and prejudice to any party is liable tobe setaside

 12 June 2012

The brief facts of the case are that the petitioner joined the services of the respondent bank as a clerk in December, 1969 and has arisen upto the position of Chief Manager of the bank. On 30.01.2007, respondent had served memorandum of even date..

Posted in Civil Law |   1477 hits

Repayment of loan or overdraft can be consider as proof for claiming deduction

 12 June 2012

Facts in brief:– The assessee, a company, is engaged in the business of printing of newspapers and periodicals. It filed its return of income declaring total income at ` nil on 30th October 2007. The Assessing Officer passed an order under section 14..

Posted in Taxation |   1456 hits

The Appellant at any time before the decision is made

 12 June 2012

Permission to withdraw the appeal made by the appellant..

Posted in Taxation |   933 hits

On the basis of allegation which could not be sustaintiated in a court of law cannot be denie the benfit of appointment

 11 June 2012

This writ petition is directed against the order dated 24.01.2012 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA 1821/2011. The case pertains to the cancellation of the candidature of the respondent for the post of Co..

Posted in Civil Law 1 comments |   1659 hits

Where the amount paid as cess was held as eligible for deduction in computing the composite income under Rule 8 of I.T

 11 June 2012

That on the facts and circumstances of the case, Ld. CIT(A), Kolkata has erred in law in directing the A.O. to treat sundry receipts of Rs.56,l0,000/- as business income without appreciating the fact that the assessee at the same time claims 60:40 di..

Posted in Taxation |   1218 hits

As per sec 254 time limit for rectification of mistake in order is four year counted from the date all proceding has been completed

 11 June 2012

The facts giving rise to the present writ petition and which are necessary for a decision in this writ petition are very few. By virtue of an order dated 31.03.2008, the Income Tax Appellate Tribunal disposed of the said ITA Nos. 3584 to 3586 (Del)/2..

Posted in Taxation |   1124 hits

Interfere with an order against acquittal should be in a routine manner and if other views possible than avoided unless therer are good reason

 09 June 2012

Interference with an order against against acquittal subject to some condition ..

Posted in Criminal Law |   1677 hits

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 |   2356 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 |   1637 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 |   1023 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 |   1446 hits