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Judgments and Orders

In absence of stay from SC, Department can’t collect service

 07 February 2010

Executive Summary: - In absence of Supreme Court’s order staying operations of High Court’s judgment relating to levy of service on renting of immovable property, Revenue Department could not instruct its officers to pursue the matter with tax payers..

Posted in Taxation |   1893 hits

Notice u/s. 143(2) should be issued within one year from the

 06 February 2010

The Supreme Court has ruled that it is mandatory for the Income Tax Department to issue notice within the prescribed time limit of one year where the assessing officer in repudiation of the block return filed by the assessee proceeds for an inquiry...

Posted in Taxation |   1861 hits

Employees cann't be sacked without providing opportunity of

 06 February 2010

The employee was terminated without holding any enquiry taking the benefit of article 311 (2) of constitution by State of UP stating that it is near to impossible to hold such an employee and his immediate termination is in the interest of State. App..

Posted in Labour & Service Law |   2201 hits

Alimony cannot be decided on the basis of income-tax returns

 06 February 2010

Rani Tahelramani filed a case under the Domestic Violence Act against her doctor husband Anup Vidhani. She also sought maintenance from her husband, but the magistrate declined her petition. When the proceedings dragged on, she appealed in the sessio..

Posted in Family Law 1 comments |   3229 hits

Transfer Pricing is Applicanble in Interest free Loans advan

 05 February 2010

* The Taxpayer, a company incorporated in India, was engaged in the business of designing and developing technology-enabled business transformation solutions and providing business consulting, systems integration services and software solutions a..

Posted in Corporate Law |   3907 hits

No addition can be made or sustained simply on basis of sta

 03 February 2010

In order to make an addition on the basis of surrender during search or survey, it is sine qua non that there should be some other material to co-relate the undisclosed income with such statement. ..

Posted in Taxation |   2055 hits

Section 4 of Securities Contracts (Regulation) Act, 1956 do

 31 January 2010

he Bombay High Court held that the writ petition, which was lacking in particulars relating to the constitutional challenge, was not the appropriate remedy for the petitioner, who, along with a member of the Stock Exchange, had traded in the shares o..

Posted in Corporate Law |   3041 hits

Settlement Commission is given power u/s. 245H to reduce pen

 31 January 2010

Rule 5 of the Settlement Commission Procedure Rules provides that the settlement application shall be presented in the form no.34(b), which provides that alongwith the application there should be confidential information in the annexure. Rule 6 provi..

Posted in Taxation |   1890 hits

Dispute Resolution Penal to Pass Speaking Order-Delhi High C

 28 January 2010

In cases where a taxpayer has not been provided an opportunity of being heard by the Transfer Pricing Officer, the taxpayer is entitled to raise all objections and furnish necessary evidence to the Dispute Resolution Panel (DRP). The DRP has to pass ..

Posted in Corporate Law |   3545 hits

Court orders approving amalgamation are covered within the a

 28 January 2010

1. A scheme of amalgamation was filed before the Delhi High Court for merger of 15 subsidiary companies with the parent company, Delhi Towers Limited under section 394 of the Companies Act, 1956 (Companies Act). 2. The scheme was approved by ..

Posted in Corporate Law |   4506 hits

Income From Isolated Land Transaction is also Liable for Tax

 28 January 2010

If attendant circumstances of the case, the process of purchase of land, conversion thereof and sale, compel to come to the conclusion that the * purchase of land, in itself, was with an intention to sell at a profit in the form of an ‘adventure in ..

Posted in Civil Law |   2793 hits

Similar Drug Name Not To Be Disregarded: Bombay High Court

 27 January 2010

rug Controller General while granting the permission to the first defendants had imposed a condition, that on the label of the product a warning 'to be sold by retail on prescription of specialists only' should be printed. It was submitted that both ..


Religious Properties should be handles propely

 26 January 2010

. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest?..

Posted in Civil Law |   2477 hits

power of acquisition of Land cann

 26 January 2010

whether the land should be acquired for profiteering and discrimination in exemption of the land should be made or not and the Principsl of land acquisition have clearly bee discussed in this latest citation...

Posted in Civil Law |   2600 hits

Income cannot be reassessed on a mere change of opinion Rea

 26 January 2010

law defined whether income cannot be reassessed on a mere change of opinion, as that would imply conferring arbitrary powers on the Tax Authority. It is only when there is a ‘tangible material’ to believe that income has escaped assessment that the p..

Posted in Taxation |   2119 hits

a taxpayer is not precluded from minimizing its tax burden w

 26 January 2010

This is a recent ruling of the Authority for Advance Rulings (AAR) [2010-TIOL-01-ARA-IT] in the case of Star Television Entertainment Ltd. (STEL), 2 other group entities and 3 of their shareholders (together referred to as Applicants)on whether the s..

Posted in Corporate Law |   1913 hits

“Grandson cannot claim trusteeship over property when his fa

 25 January 2010

Madurai Bench ruling on donation of land to religious sub-sect “Indian Trust Act not applicable to a private religious trust” ..

Posted in Family Law |   2742 hits

High Court declined to stay Company Law Board order on Gold

 25 January 2010

Indiabulls had filed an FIR on July 25, 2009 against Dalmia and a few other directors of GHCL alleging he had duped it of Rs 641 crore. It alleged that Dalmia had issued bogus shares of Golden TobaccoCompany and GHCL as collateral. The two parties, h..

Posted in Corporate Law |   3352 hits

Writ Petitions Are Not Maintainable where there is Only Ques

 25 January 2010

whether a particular contract is a contract for sale or for work and labour is always a difficult question and it is not surprising to find the taxing authorities divided on it. The difficulty, however, lies not in the formulation of the tests for de..

Posted in Taxation |   1767 hits

Sustainability of orders passed by Settlement Commission in

 25 January 2010

If Settlement Commission fails to comply with mandate of law, such orders passed in violation of section 245D(4) cannot be said to be legally sustainable. ..

Posted in Taxation |   1358 hits