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In case the appeal withdraw before passing any order the appeal liable to be dismissed

 09 February 2012

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..

Posted in Taxation |   4100 hits

Register of Pharmacists

 08 February 2012

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..

Posted in Civil Law 1 comments |   1397 hits

At the time of dealing appeal after grant special leave court is not bound to go into the merit unless justice of the case does not require interference

 08 February 2012

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..

Posted in Civil Law |   855 hits

Provision of Sec 80LA prevail over the non obstante sec 70(1) and income/loss from windmill business has to be separately computed and allowed to be set off against future income

 08 February 2012

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..

Posted in Taxation |   964 hits

As per sec 32(1)(ii) depreciation is allowed on intangible asset acquired on or after 1st April 1998 and expenditure on acquiring database cannot claim as revenue expenditure

 08 February 2012

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..

Posted in Taxation |   1635 hits

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 |   860 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 |   1092 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 |   1067 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 |   835 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 |   1106 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 |   2199 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 |   1245 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 |   999 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 |   953 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 |   6977 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 |   1573 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 |   1346 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 |   1489 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 |   1167 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 |   1588 hits







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