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Case Laws
Showing 1 to 20 of 587 Records
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2011 (10) TMI 781
... ... ... ... ..... been received. In such circumstances, it can be said that it is merely a fresh application of mind by the same Assessing Officer to the same set of facts. What the Assessing Officer has said about the order of the first appellate authority while recording reasons under Section 147 of the Act he could have said even in the original order of assessment because such appellate order was before him at that time. Thus, it is a case of mere change of opinion which does not provide jurisdiction to the Assessing Officer to initiate....... + More
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2011 (10) TMI 780
... ... ... ... ..... 08. The Suit, therefore, as filed on the court opening day i.e. 5.01.2009, in the present facts and circumstances, is within limitation. 6. Therefore, considering the uncontroverted averments made, there is no reason not to accept the case of the Plaintiffs to grant summons for judgment as prayed. There is no denial or defence to the averments and the documents of the Plaintiffs. 7. In so far as the interest part is concerned, though the interest as per the invoice is claimed at 19.5% as not paid within 7 days from the dat....... + More
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2011 (10) TMI 779
... ... ... ... ..... aim at the outset. 21. Further, the Special Court, having held that the subject property is not the Government land or an Evacuee property, it ought not to have held also that the respondents acquired possessory title over the property in the circumstances enumerated. Whether the respondents have obtained the possessory title by adverse possession or by any other means is unnecessary in a matter dealing with an application filed by the Government, more so, when the Government failed to establish its right, title or authori....... + More
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2011 (10) TMI 778
... ... ... ... ..... rt of the cylinder. He says that regulators, valves, blue die, P.P. Caps etc. are purchased and sold separately and they should be charged separately. In short he says that benefit of 'Form-C' can not accrue to the revisionist. I have considered the rival arguments. The judgments of the Hon'ble Supreme Court and the arguments of the petitioners leads matter to the conclusion that the order impugned has not taken the element of mens-rea in consideration and in view of Hon'ble Supreme Court the order is bad, ....... + More
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2011 (10) TMI 777
... ... ... ... ..... ax Act, 1961. 2. This Court had an occasion to consider the said question in a batch of cases in the case of Commissioner of Income Tax Vs. M/s. Tata ELSXI Ltd., in ITA 70/2009 and other connected matters, where it has been held that it have to be excluded from the total turnover. 3. Following the aforesaid judgment, these appeals preferred by the revenue are dismissed as no substantial question of law do arise for consideration in these appeals.
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2011 (10) TMI 776
... ... ... ... ..... is not the position and in fact that is not even alleged. Furthermore, the Tribunal has also found that the assessee had been able to establish existence of a reasonable cause, even if the finding of the Tribunal that there was no violation is not accepted. In the circumstances, there is no reason to take a different view of the matter. The Tribunal has found that on the facts and in the light of the evidence on record there was no violation of either the provisions of section 269SS or section 269T of the Act. The Tribunal....... + More
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2011 (10) TMI 775
... ... ... ... ..... held as follows When the power of judicial review is invoked in the matters relating to tenders or award of contracts, certain special features have to be considered. A contract is a commercial transaction and evaluating tenders and awarding contracts are essentially commercial functions. In such cases principles of equity and natural justice stay at a distance. If the decision relating to award of contracts is bona fide and is in public interest, Courts will not exercise the power of judicial review and interfere even if ....... + More
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2011 (10) TMI 774
... ... ... ... ..... ed in the present case, there is always a shifting body of occupants, consisting of persons who are willing to shift loyalties to rival builders against a promise of better incentives. Consents once given cannot be allowed to be revoked at the whim and fancy of individual occupants. If that was to be allowed, no scheme for redevelopment could be successfully implemented. Though none of the Petitioners had furnished their consents, what is material is that there is a determination of fact that 70% of the existing occupants ....... + More
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2011 (10) TMI 773
... ... ... ... ..... to be adjudicated afresh by considering the relevant Notification issued by the CBDT which was furnished before the ld. CIT(A). It is also relevant to point out that the AO himself in the assessment order dated 31.12.2008 has observed as under However, subject to production of the said documentary evidence Viz board s notification the order will be modified accordingly, if it is found necessary. From the above observation, it appears that the copy of the said Notification was not available to the AO, that is why the same v....... + More
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2011 (10) TMI 772
... ... ... ... ..... case, the relevant facts are that rectification proceeding were initiated to give effect to the audit objection and the same was dropped on having satisfied explanation of the assessee. On the same issue, the CIT invoked the provisions of section 263 of the Act and the same is not held valid by the Hon ble High Court. Considering the homology the facts and proceedings involved in the instant case, we are of the opinion that the CIT erred in assuming jurisdiction u/s. 263 of the Act, as the proceedings initiated by the Asse....... + More
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2011 (10) TMI 771
... ... ... ... ..... be two opinion possible. Therefore, in the facts and circumstances of the case, the issue of valuation/FMV accepted by the Assessing Officer while passing the assessment order u/s 143(3) cannot be disturbed and re-determined under the provisions of sec. 154, as the said issue, in our view, is not an error or mistake apparent on the face of the order, which can be rectified under the provisions of sec. 154. The Assessing Officer has travelled beyond his jurisdiction while passing the order u/s 154. Accordingly, we set aside....... + More
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2011 (10) TMI 770
... ... ... ... ..... 53,660, and, to that extent, the impugned addition will amount to double taxation. This argument, however, overlooks the fact that addition has been made on account of understating the value of an asset in the balance sheet, and that it only shows clearly incorrect accounts. What has been offered to tax in the profit and loss account is income but what has been brought to tax, by way of impugned addition, is understatement of the value of the asset in balance sheet, which could be attributed to a variety of factors such as....... + More
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2011 (10) TMI 769
... ... ... ... ..... on to the eligibility criteria of 2011 Haj policy requiring minimum office area of 205 sq. ft. is carved out only in respect of allocation of 800 quotas available for allotment with the Government which otherwise would have either gone waste or lapsed, without affecting the final list dated 14.9.2011 which is already forwarded to the Government of Saudi Arabia. 34. In the result, Rule in all the above petitions is partly made absolute in the above terms. No order as to costs. 35. At this stage, the Learned Counsel for the ....... + More
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2011 (10) TMI 768
... ... ... ... ..... NFC as there is no finding that the mate's receipts were tendered or delivered with a demand for issue of bills of lading prior to 19.1.1979. The High Court has failed to consider this important aspect and wrongly assumed that breach, default, delay could be attributed to Shaw Wallace, in issuing the bills of lading, even before the mate's receipts were tendered on 19.1.1979. The decisions of the learned Single Judge and division bench of the High Court can not therefore be sustained. Conclusion 39. In view the abo....... + More
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2011 (10) TMI 767
... ... ... ... ..... oy the facilities and services provided by the club. The entrance fee paid by the nonvoting members is nothing but a fee collected by the assessee club to confer such permissive rights for a limited period. They do not have any connection with the corpus fund and assets of the assessee club. In an emergency, the regular voting members alone will be called upon to contribute; and not the non-voting members. Therefore, needless to say that the fee/s paid by nonvoting members, by whatever name called, will be in the nature of....... + More
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2011 (10) TMI 766
... ... ... ... ..... ng regard to the entirety of the facts and circumstances of the case and clear findings of the AO as well as of the CIT(A), we do not find any infirmity in the findings of the CIT(A) and hence the same are upheld. 9. In Ground No.3, the ld. AR contended that the additions made u/s 40(a)(ia) are unwarranted as only reimbursement of freight and cartage expenses are involved in the matter. Ld. DR placed reliance on the order of the lower authorities. 10. We have carefully perused the factual matrix of the case, relevant findi....... + More
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2011 (10) TMI 765
... ... ... ... ..... had no jurisdiction to issue notice on 28th March, 2003 to the assessee under sec. 148 for the Assessment Year 1996-97. 16. Other cases relied upon by the assessee are also on similar line. 17. In the light of the discussions made above, we therefore, hold that the assessment under sec. 144/147 made by the ITO, Ward 37(1), New Delhi was without jurisdiction and was bad in law inasmuch as no valid notice u/s 148 of the Act was ever issued by the said ITO, Ward 37(1), New Delhi before completing the assessment under sec.144/....... + More
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2011 (10) TMI 764
... ... ... ... ..... port, the learned single Judge shall pass appropriate orders for apportionment of the sale proceeds. Indian Bank shall file a report before the single Judge as well as the Official Liquidator. The Company Court shall pass appropriate orders for working out the legitimate dues of the workers pari passu with the secured creditors and other dues payable to the electricity Board, E.S.I. Corporation, E.P.F. Organisation and other claims. However, there is no order as to costs. Consequently, the connected miscellaneous petition ....... + More
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2011 (10) TMI 763
... ... ... ... ..... the addresses of his stay with the trial court; (iii) The passport/s of the petitioner shall be deposited with the trial court, if not already deposited. (iv) He shall not influence any of the witnesses or temper with the evidence. (v) He shall remain present as and when called by the ld. Trial Court. 37. Needless to state if any of the above condition is breached, the investigating authority may take steps to get his bail cancelled. 38. Accordingly, the Bail Appln. No. 1414/2011 is allowed in the above terms. 39 At this s....... + More
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2011 (10) TMI 762
... ... ... ... ..... ed Tanweer Ahmad, Adv., Mrs. Anil Katiyar, Adv. ORDER Leave granted. The appeals will be heard on the SLP paper books. Additional documents, if any, may be filed by the parties. Application for impleadment will be considered at the time of hearing of the appeals. Ad-interim order dated 17th September, 2010 is made absolute till the disposal of the appeals.
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