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As per the DTAA one income taxed only onece at the time of received and it cannot be taxed in both the country

 08 February 2012

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..

Posted in Taxation |   853 hits

As per Rule 8(ii) while returning the seized money it is not mandatory to return along with interest

 07 February 2012

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 ..

Posted in Civil Law |   1085 hits

Explanation 1 to Sec 41(1) of the Act is not applicable on the cases prior to the said explanation come in to force

 07 February 2012

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..

Posted in Taxation |   1060 hits

In case of agency business commission raised but in case of purchase and sale of business than the profit on sale cannot be consider as commission

 07 February 2012

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..

Posted in Taxation |   824 hits

Right of the assessee to prefer appeal is statutory and appeal can be filed after the period of limitation only if there is sufficient cause

 07 February 2012

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..

Posted in Taxation |   1095 hits

Dr. Subramanian Swamy …versus Dr. Manmohan Singh and another …

 07 February 2012

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..

Posted in Civil Law |   2156 hits

Details of the list of allotees can be asked by the AO under sec 1429(1) of the Act and LD CIT before passing any order against AOs findings opportunity should be given

 06 February 2012

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. ..

Posted in Taxation |   1215 hits

If books of account filed by the assessee not proper AO can reject that and in case of trading in broken rice government also accept levy after allowing 25% on broken rice

 06 February 2012

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..

Posted in Taxation |   991 hits

Appointment of a group of independent persons to assist the Court in monitoring the investigation being carried out by the Central Bureau of Investigation (CBI), the Enforcement Directorate and the In

 06 February 2012

Facts: The writ petition filed by the appellants before the Delhi High Court for ordering an investigation by the CBI or a Special Investigation Team into '2G Spectrum Scam' for unearthing the role Shri A. Raja, senior officers of the department, mi..

Posted in Civil Law |   941 hits

Supreme Court judgement on 2G spectrum:

 05 February 2012

Facts: A landmark judgement by supreme court on the one of the high profile case of the corruption in which ministers and the government are facing allegations for default issuance of 2g licences to the telecom companies.- the petition as been fil..

Posted in Civil Law |   6955 hits

The doctrine of internal management and of a member of an association having no rights except those given by the rules and regulation of the Association

 04 February 2012

This intra-Court appeal impugns the judgment dated 18th January, 2011 allowing W.P.(C) No. 5093/1998 preferred by the respondents no.1 to 3 herein and quashing the “Regulations of Membership” of the appellant to the extent the same were held to be in..

Posted in Civil Law |   1563 hits

Disallowance under sec 14A can be made if the expenditure related with exempted income

 04 February 2012

First issue which is common in both the appeals relates to addition made under sec. 14A of the Act. The facts of the case stated in brief are that the assessee is a company engaged in chain of Chinese food restaurants. During the year under considera..

Posted in Taxation |   1341 hits

Penalty under sec 271(1)(C) cannot be imposed either for concealment or furnishing inaccurate particulars

 04 February 2012

The relevant facts of the case are that the assessee is a company incorporated in Thailand and was engaged in the business of providing digital broadcast service through its transponders to its customers including Indian residents. For the years unde..

Posted in Taxation |   1482 hits

As per sec 9A where the appeal is related to the interim relief than determination of jurisdiction of the Court on that matter is the preliminary issue

 03 February 2012

By the said common order, it was held, among other things, that the two suits are not maintainable in view of the provisions of Sections 91 and 163 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter ‘the Act’, for short). We are not con..

Posted in Civil Law |   1161 hits

Penalty can be imposed only in case of deliberate act to violate Regulation

 03 February 2012

The short question that arises for consideration in these Civil Appeals is whether this Court should direct the respondents including the Medical Council of India (for short ‘MCI’), the University of Calicut and the Mahatma Gandhi University, Kottaya..

Posted in Civil Law |   1581 hits

If after sending notice in proper time no step have been taken place than the appeal treated as un admitted

 03 February 2012

Despite sending notice sufficiently in advance and there being defect memo about late filing of the appeal, the assessee did not appear nor filed any petition to remove the defect pointed out. Therefore, we infer that the assessee is not interested i..

Posted in Taxation |   972 hits

As per the Income Tax act expenditure during the year amounting to setting up cannot be treated as preoperative expense

 03 February 2012

In the return of income filed, the assessee computed the loss of ` 12,28,782/-. From the perusal of the balance sheet, the Assessing Officer observed that the assessee had debited loss amounting to ` 12,28,782/- during the year. The assessee company ..

Posted in Taxation |   4853 hits

In the Assessment Details of share holder required to given otherwise AO can asked for information about share holder under sec 133(6) to prove genuineness

 02 February 2012

The grounds raised in the appeal read as under:- “i) On the facts in the circumstances of the case the Ld. Commissioner of Income Tax (Appeals) has erred in law by deleting the addition of ` 70,00,000/- made by the Assessing Officer on account of sh..

Posted in Taxation |   979 hits

If the Party for whom reference is made fail to prepare books so as to enable hearing the court is not bound to answer the reference

 02 February 2012

This is the appeal filed by the assessee against the order dated 30.9.2011 of CIT(A)-XVII, New Delhi pertaining to A.Y. 2008-09. However at the time of hearing no one was present on behalf of the assessee nor any adjournment application was placed be..

Posted in Taxation |   900 hits

If the condition for the post mentioned in the advertisement is not fulfilled than appointment cannot be allowed

 02 February 2012

Briefly stated, an advertisement was issued by the respondent No.3 dated 6th July, 2006, which appeared in the local newspapers inviting applications for the post of Principal in respondent No. 4-College. Notably, the advertisement stated that the ap..

Posted in Civil Law |   1447 hits