Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Judgments and Orders

PIL by Litigant is Liable to be Depricated-SC

 13 February 2010

Case Note: (i) Environment - forest land - Forest (Conservation) Act, 1980 - matter pertaining to question that whether land-X leased by State of Chattisgarh to A for setting up of coal washery is part of 'forest land' - contention that prior approv..

Posted in Legal Documents |   4354 hits

Medical Negligence

 12 February 2010

The doctors who have specialized qualification in sonology are only entitled to practice ultrasonography. the doctors who have got licenses under the PNDT Act are entitled only to do pre natal diagonostic investigations and are not entitled to invest..

Posted in Civil Law |   3721 hits

Test of Proof cannot be applied against accused at par

 12 February 2010

The appellant along with Accused No.1 was tried for offences under Section 120B of IPC read with Section 7 and 13 (2) read with 13(1) (d) of Prevention of Corruption Act, 1988 (hereinafter referred to as "the said Act") by Special Judge (SPE/CBI)-I,..

Posted in Criminal Law |   1945 hits

Onus under section 306 is not as heavy as under section 304B

 12 February 2010

This appeal has been filed by the accused who stands convicted for offences punishable under Section 306 of Indian Penal Code and Section 4 of the Dowry Prohibition Act 1961 and sentenced to imprisonment for 5 years and 6 months R.I. 2 respectively ..

Posted in Criminal Law |  1 comments |   2386 hits

Parliament cannot curtail fundamental rights

 12 February 2010

In the famous case of Golaknath V. State Of Punjab, in the year 1967 the Court ruled that Parliament could not curtail any of the Fundamental Rights in the Constitution. Beginning with its ruling in GOLAKNATH, the Court developed jurisprudence aro..

Posted in Constitutional Law |   3712 hits

High Court of Australia overturns NSW safety laws

 10 February 2010

In a landmark judgment, the High Court of Australia has overturned a long standing line of authority on the scope of the duty of care under New South Wales OHS legislation. The case has brought New South Wales more into line with other Australian jur..

Posted in Criminal Law |   1562 hits

Deduction U/s. 10A of the Income Tax Act is allowable withou

 09 February 2010

In respect of AY 2003-04, the assessee had an unit in Chennai which was engaged in software development and whose profits were eligible for deduction u/s 10A. The assessee had another unit in Delhi which was engaged in trading and had suffered a loss..

Posted in Taxation |   2704 hits

Bad debts written off cannot be a factor to determine the Ar

 09 February 2010

the issue of determining arm’s length price (ALP) of royalty paid by the Taxpayer to its associated enterprise for distribution of software products in India. The ITAT held that the disallowance made by the Transfer Pricing Officer (TPO) to the royal..

Posted in Taxation |   2407 hits

High Court has no powers to Condone delay in filing appeal

 09 February 2010

The High Court has no power to condone delay in filing appeal. S.5 of the Limitation Act, 1963 was not applicable in appeals filed under s.260A. ..

Posted in Taxation |   4532 hits

Even employees’ contribution to PF paid before due date of f

 08 February 2010

S. 2 (24) (x) provides that amounts received by an assessee from employees towards PF contributions etc shall be “income”. S. 36 (1) (va) provides that if such sums are contributed to the employees account in the relevant fund on or before the due da..

Posted in Taxation |   2765 hits

RBI’s approval does not put a seal of approval on true chara

 08 February 2010

RBI’s approval does not put a seal of approval on true character of a transaction from perspective of transfer pricing regulation, Lending or borrowing money between two associated enterprises come within the ambit of international transaction an..

Posted in Corporate Law |   1462 hits

Recourse to the power under Section 147 cannot be sustained

 08 February 2010

Recourse to the power under Section 147 cannot be sustained on a mere change of opinion where there is no failure of the assessee to disclose fully and truly, all material facts necessary for assessment...

Posted in Taxation |   1298 hits

If company constructed structure on shareholders land then r

 08 February 2010

It is not the requirement of law that the income assessable should be in the hands of a person who is neither the legal owner nor the beneficial owner. Even if the land is owned by the shareholders, since the super structure constructed by the Compan..

Posted in Taxation |   1628 hits

Co-operative Bank entitled to deduction u/s 80P(2)(a)(i) on

 08 February 2010

The appeal had been admitted to examine the following question of law : (1) Whether, the Tribunal was correct in holding that the Assessing officer had to record his reasons and based on those reasons form his opinion that the income has escaped a..

Posted in Corporate Law |   2158 hits

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 |   1919 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 |   2226 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 |   1892 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 |   3258 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 |   3950 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 |   2081 hits