On the observation of the detailed case we can find the following fact from the judgment..... i) On the facts and in the circumstances of the case and in law, the Ld.CIT(A) erred in deleting the additions made on account of provision gratuity u/s..
On the facts and circumstances of the case and in law the CIT(A) has erred in not appreciating that clause(b) of the Explanation(1) of Sec. 11 5JB provides that for calculating book profit the profit as shown in the profit and loss account has to be ..
On the observation the following facts are found:- i) On the facts and in the circumstances of the case and in l aw the learned CIT(A) erred in sustaining the addition to total income of Rs.5,00,000/- received as gift on 23rd August, 2004 which ..
The assessee is under the Ministry of Shipping, Govt. of India. Assessee’s business is in ship building, ship repairing and general engineering. The ld. A.O. made an addition of Rs. 2 crores, which was stated as received from Government for upkeep of..
This Court - dealt with Contempt Petition Nos. 41 – 44 of 2011 filed by the petitioner and passed certain directions including that the Labour Secretary of the concerned States should be present in the Court on the next date of hearing. Thereafter, v..
The facts in brief are that the assessee company was engaged in the business of undertaking contracts for providing various liaison activities in telecommunication strategy had entered into contract dated 5.1.2005 with M/s. ZTE Corporation, a Chinese..
The appeal was fixed for hearing today i.e. on 1st February, 2012. No one is present on behalf of assessee. Nor there is any application for adjournment. In view of above, it appears that assessee is not interested in prosecuting this appeal. Hence t..
When the appeal was called for hearing, a letter dated 27.1.2012 signed by the assessee was placed before us, wherein the assessee sought permission to withdraw the appeal. It is mentioned in the letter received on 27.1.2012 as under: “I request w..
Facts: Appellant got registration as a pharmacist with the Sikkim State Pharmacy Tribunal. On the basis of this registration from Sikkim, he applied for his registration with the Pharmacy Council of the State of Rajasthan which enrolled him as a reg..
This Intra-Court Appeal impugns the judgment dated 31st August, 2007 of the learned Single Judge allowing WP(C) No. 469/2005 preferred by the respondent no.1 and directing the appellant to restore the LPG distributorship to the respondent no.1 and to..
Brief stated facts of the case are as follows: The assessee is a partnership firm dealing in automobiles and Sony products and also into generation of electricity from windmills. The assessee filed its return of income for AY 2007-08 declaring income..
the question about admissibility of depreciation of Acquired Business Database is concerned, this issue is covered in favour of the assessee by the judgment of Hon’ble Delhi High Court in the case of CIT vs. Hindustan Coca Cola Beverages Pvt Ltd (331..
We have considered the facts of the case and submissions made before us. We have already mentioned that there is a distinguishable feature namely that the assessee has received payments from persons residents in India. However, the receipts have been..
The writ petition was filed by the respondent pleading that the appellant had on 3rd January, 2003 seized ` 7,75,000/- in Indian currency and foreign currency equivalent to `96,000/- from the custody of the respondent and initiated inquiry under the ..
In the return of income the aforesaid amount was claimed to be not taxable under the Act. The Assessing Officer called upon the assessee to explain how the aforesaid items were not taxable. In response to the query, the assessee submitted a written r..
We may first take up the case of M/s Mother Dairy India Ltd. for the assessment year 2004-05. This company hereinafter referred to as „Dairy‟, was incorporated on 1.4.2003 as wholly owned subsidiary of another company by name Mother Dairy Fruit and V..
The appellant’s appeal before the Tribunal has been dismissed on the ground of limitation inasmuch as it has been filed after a delay of 1049 days. The appeal before the Tribunal was against the order of Commissioner of Income Tax passed under Sectio..
Facts: For the last more than three years, the appellant has been vigorously pursuing, in public interest, the cases allegedly involving loss of thousands of crores of rupees to the Public Exchequer due to arbitrary and illegal grant of licences at..
On the facts and in the circumstances of the case and in law, the Ld CIT(A) has erred in deleting the addition of `.50,00,000/- made by the Assessing Officer u/s 68 of the Income Tax Act, 1961 being the unexplained share capital and share premium. ..
Assessee filed original return of income on 1.11.2004 declaring an income of Rs.92,076/-. The case was processed u/s 143(1) and later on case was selected for scrutiny. In response to notice u/s 143(2) and 142(1), the assessee’s representative appear..
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