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Showing 101 to 120 of 1180 Records
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2013 (8) TMI 1083 - SC ORDER
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... ... ..... he appeal is admitted. Tag with C.A. 1218/2006.
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2013 (8) TMI 1082 - ANDHRA PRADESH HIGH COURT
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... ... ..... ave heard the learned Counsel for the appellant and gone through the judgment and order of the learned Tribunal. The learned Tribunal on fact found that the assessee has incurred advertisement expenditure. The learned Tribunal further found on fact that the predominant object underlying the transaction of receiving the T-shirts and making the payments is largely for purchase of goods and even if there is some logo of the assessee printed on it, it would not change the nature of the transaction to works contract, so as to attract the provisions of Section 194C of the Income Tax Act. The learned Tribunal has also taken note of the decision of the Delhi High Court in the case of CIT Vs. Dabur India Ltd., (283 ITR 197) and applied the law correctly and as such we do not find any reason to interfere with the same. Thus, we do not want to admit this appeal. Accordingly, the appeal is dismissed. Miscellaneous petitions, if any pending, shall stand disposed of. No order as to costs.
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2013 (8) TMI 1081 - ITAT HYDERABAD
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... ... ..... e. 9. Therefore, in our opinion, the Assessing Officer should consider the following 1. The registered valuer report as submitted by the assessee. 2. Reference to the DVO has to be made by the Assessing Officer and the report of the DVO on the cost of acquisition as on 01/04/1981 of the property has to be considered. 3. Inherent quality of the property namely size, location, road frontage, corner plot, if any, etc. to be examined. 4. Any comparable property in the same locality should be taken for consideration. 10. Thereafter, the Assessing Officer shall after examining thoroughly the nature of the property and the peculiar circumstances as well as the values given by the different persons namely DVO and the Registered Valuer shall decide the issue denovo. It is needless to say that a reasonable opportunity of being heard should be given to the assessee. 11. In the result, appeal of the revenue is allowed for statistical purposes. Pronounced in the open court on 08.08.2013.
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2013 (8) TMI 1080 - KARNATAKA HIGH COURT
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... ... ..... by the decision of this Court in ITA No.5008/2009 dated 1.4.2011. In view of the aforesaid judgment, the appeal requires to be allowed answering the question of law formulated in this appeal in favour of the appellant assessee and against the revenue. 4. The contention of the learned counsel for the revenue is that there is nothing to show that the appellant assessee is a Credit Co-operative Society. We cannot accept the arguments and the point raised by Sri Raviraj, counsel for the revenue, because the appellant's name itself discloses that it is a Co-operative Credit Society Limited. When the name itself shows that it is a Credit Co-operative Society registered under the Karnataka Co-operative Societies Act, the main object of the society is only to advance loan as a Credit Co-operative Society. In the circumstances the contention of the revenue is rejected. The appeal is allowed answering the question of law in favour of the appellant/assessee and against the revenue.
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2013 (8) TMI 1079 - BOMBAY HIGH COURT
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... ... ..... milarly, in respect of other evidence, the postal endorsement on the notice, there are presumptions under section 27 of General Clauses Act and those presumptions can be kept in mind by the J.M.F.C. Thus, the scope of inquiry, which may be made by J.M.F.C. is very limited. In such a case to send the matter to police even for limited purpose of investigation is not desirable. In view of these circumstances and position of law, this Court holds that the matter needs to be remanded back by allowing the present writ petition. In the result, the petition is allowed. The order of issue process made by the J.M.F.C., Aurangabad in complaint bearing No. SCC No. 4177/2012 is hereby set aside. Matter is remanded back to the Court of J.M.F.C. to follow the procedure laid down by section 202 of Cr.P.C. as amended in 2006 and for reconsideration of point of issue process. This is to be done within two months from the date of receipt of this order. Rule is made absolute in aforesaid terms.
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2013 (8) TMI 1078 - SUPREME COURT
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... ... ..... is reason also we hold that the grant of the decree for specific performance by the High Court in the impugned judgment is wholly unsustainable in law. The trial court has come to the right conclusions on the contentious issues framed by it and has held that even though Agreement of Sale is proved, the plaintiff is not entitled for the decree of specific performance in respect of the suit schedule property in view of the findings of fact and reasons recorded in the contentious issues by it in its judgment and we are in agreement with the same. 29. Accordingly, we allow this civil appeal and set aside the impugned judgment and decree of the High Court of Karnataka, Bangalore passed in Regular First Appeal No.97 of 2001 dated 08.12.2008 and restore the judgment and decree passed by the X1th Additional City Civil Judge, Bangalore City, Bangalore dated 25.09.2000 in O.S. No. 2012 of 1985, but, in the facts and circumstances of the case, no costs are awarded in these proceedings.
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2013 (8) TMI 1077 - ITAT CHENNAI
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... ... ..... tory amendment, the amendment of this nature cannot have retrospective effect. 36. Resultantly, we answer the questions raised before us in favour of the assessee and against the Revenue. 37. Resultantly, the appeal is allowed. Impugned judgment of the Tribunal is reversed to the above extent.” 10. Thus, we find that the order of the CIT(A) finds support from the decision of the Hon'ble Gujarat High Court in the case of Manan Corporation vs ACIT(supra). We, therefore, do not find any good and justifiable reason to interfere with the order of the CIT(A) which is confirmed and the grounds of appeal of the Revenue are dismissed.” 7. Respectfully following the above quoted decision of the Tribunal in assessee’s own case for assessment year 2006-07, we dismiss the appeals of the Revenue in the present years under consideration. 8. In the result, both the appeals of the Revenue are dismissed Order pronounced on Wednesday, the 14th of August, 2013, at Chennai.
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2013 (8) TMI 1076 - ITAT COCHIN
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... ... ..... he assessee firm. Therefore, when the money was received by the firm on behalf o the partners, the deemed dividend has to be assessed only in the hands of the partners and not in the hands of the firm. This is for the simple reason that the firm is not a shareholder in the lending company. Since the partners are shareholders and funds were given to the partnership firm for the benefit of the partners, this Tribunal is of the considered opinion that the deemed dividend u/s 2(22)(e) has to be assessed only in the hands of the respective partners and not in the hands of the firm. Therefore, this Tribunal is of the considered opinion that the CIT(A) has rightly deleted the addition in the hands of the firm by following the order of this Tribunal. This Tribunal do not find any infirmity in the order of the CIT(A). Accordingly, the order of the CIT(A) is confirmed. 5. In the result, appeals of the revenue are dismissed. Order pronounced in the open court on this 30th August, 2013.
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2013 (8) TMI 1075 - ITAT, JAIPUR.
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... ... ..... antee charges, bank commission, interest paid on loans to persons other than bank and financial institutions as well as interest paid on machinery loan shall be deducted provided the same are found incurred for the business purpose. 11. The assessee has not pressed ground no. 1, 8 and 10. The same are dismissed as not pressed. 12. Levy of interest in ground no. 9 being consequential, the Assessing Officer shall give consequential effect. 13. Ground No. 2.1, 2.2 and 3 stands partly allowed. As a result the revenue’s grounds in appeal stand dismissed. 14. Ground nos. 4, 5, 6 & 7 stand remitted to the Assessing Officer for verification of the facts for allowing deduction in terms of directions as contained in para 10 above on the average net profit rate of 10.5 on admitted contract receipts. 15. In the result, assessee’s appeal is partly allowed for statistical purposes and that of revenue stands dismissed. The order is pronounced in the open court on 20.8.2013.
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2013 (8) TMI 1074 - ITAT CHENNAI
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... ... ..... A for a fair and reasonable exercise of power by the Assessing Officer, conditioned as it is by the requirement of an objective satisfaction, must therefore, be scrupulously observed. 33. We find that in the instant case, the Assessing Officer, after examining the accounts of the assessee has, apart from making general observations, could not point out any specific defect in the claim of the assessee that only Rs. 3,92,303/- was incurred in relation to exempt income. In our considered view, in absence of any such objective satisfaction being recorded by the Assessing Officer, the Assessing Officer had no jurisdiction to invoke the provisions of Rule 8D Consequently, we do not find any good reason to interfere with the order of the ld. CIT(A) and the grounds of appeal of the Revenue are dismissed. In the result, the appeal of the assessee is allowed for statistical purposes and that of the Revenue is dismissed. Order pronounced on Monday, the 05th of August, 2013, at Chennai.
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2013 (8) TMI 1073 - CESTAT DELHI
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... ... ..... led today for ascertaining the compliance with the stay order, neither anybody appeared nor is there any compliance on record. We, accordingly, dismiss the appeal for non-compliance with the provisions of Section 35F of Central Excise Act, 1944 read with the stay order referred supra. (Dictated and pronounced in the Open Court)
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2013 (8) TMI 1072 - SC ORDER
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... ... ..... on to entertain this special leave petition, which is, accordingly, dismissed.
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2013 (8) TMI 1071 - CUSTOMS, EXCISE & SERVICE TAX APPELLATE TRIBUNAL
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... ... ..... roduction of evidence to show that it has been passed on to the customers. Accordingly, he has recorded in the absence of relevant details as to veracity of deductions being passed on to the customers, it is not possible to arrive at any conclusion that these deductions, though admissible in law, were actually passed on to their customers . 3. Learned Advocate appearing for the appellant submits that since the dispute revolved around legal issue, they did not submit any evidence to prove their case. They, if given an opportunity, would be able to substantiate the fact of passing on the discounts to their customers. 4. In view of the above submissions made by the learned advocate, we set aside the impugned order and remand the matter to Commissioner for fresh decision after allowing an opportunity to the appellant to putforth their case evidence. 5. Stay petitions as also appeals gets disposed of in the above manner. (operative part of the order pronounced in the open court )
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2013 (8) TMI 1070 - DELHI HIGH COURT
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... ... ..... ably refused or where in the interest of justice such an order of temporary release is required to be made. That jurisdiction, however, has to be sparingly exercised by the Court and even when it is exercised, it is appropriate that the Court leave it to the administrative or jail authorities to prescribe the conditions and terms on which parole is to be availed of by the detenu.” Even in Addl. Secretary Government of India v. Alka Subhash Gadia and Anr., 1992 Supp (1) SCC 496, in paragraph 32, the Supreme Court has observed that High Courts under Article 226 have the power to grant bail to a detenu pending the final hearing of his petition. Therefore, the challenge to Section 12(6) of COFEPOSA does not survive in the manner in which the said provision has been read in the backdrop of Article 226 of the Constitution. That being the case, this matter can be heard by the roster Bench on merits. For that purpose, the matter be placed before the roster Bench on 30.08.2013.
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2013 (8) TMI 1069 - ITAT HYDERABAD
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... ... ..... heard both the parties, perused the record and have gone through the orders of the authorities below. We find that the issue in dispute is squarely covered by the decision of the coordinate bench in the case of Patni Computers Ltd. (supra) and also Special Bench of the Chennai Tribunal in the case of ITO Vs Saksoft Ltd (313 ITR AT 353) wherein it was held that “expenses excluded from export turnover should also be excluded from the total turnover”. The Hon’ble Karnataka High Court has also taken similar view in the case of CIT Vs. Tata Elxsi Ltd. & Others, 247 CTR 334 (Kar.). Respectfully following the said decisions cited supra we uphold the order of the CIT(A) in directing the Assessing Officer to reduce foreign travel expenses, cost of service and professional charges from total turnover and dismiss the ground raised by the revenue in this regard. 7. In the result, appeal of the revenue is dismissed. Order pronounced in the open Court on 27/08/2013.
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2013 (8) TMI 1068 - DELHI HIGH COURT
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... ... ..... e office of the OL on 6th May, 2013. The terms of the settlement arrived at between them have been reduced to writing in the form of a minutes, a copy of which is annexed as Annexure B to the report. According to the minutes, which is signed by officers from both the sides, IFCI has to pay 13,15,880/- to Zullu Security (India) Pvt. Ltd. with immediate effect. IFCI is accordingly directed to pay the amount in terms of the minutes without any further delay, and in any case within one week from today. So far as Alcatel Lucent India Ltd. is concerned, the learned counsel for the OL states that its claim has been scrutinised. Once the amount is received from IFCI then all the claims will be paid pari pasu after obtaining the orders from this Court. The report 548/2013 is accordingly disposed of. CO.PET. 75/2002 and CO.APPL.1575/2009 Relist on 19th September, 2013. A fresh status report shall be filed by the OL on the next date of hearing with an advance copy to the other parties.
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2013 (8) TMI 1067 - BOMBAY HIGH COURT
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... ... ..... n the part of the petitioner has resulted in accrual of rights in favour of the respondent No.3. Now, to condone the delay in filing the election petition would defeat the rights accrued in favour of the respondent No.3. 9. The decisions relied upon by Shri Naik, the learned counsel for the petitioner, are on different facts and situation. The question whether there is a fraud practised or not, can be decided only if the Court gets the jurisdiction after condoning the delay. The socalled fraud was noticed by the petitioner for the first time on 2922012 and hence the period of limitation started running and expired on 1032012. The very purpose of prescribing the period of limitation is to prevent the challenge to election after the specified period, which gives rise to creation of right in favour of a returned candidate. The said decisions are, therefore, not applicable to the facts of this case. 10. In the result, the petition is dismissed. No costs.
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2013 (8) TMI 1066 - GAUHATI HIGH COURT
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... ... ..... petitioners not to collect any more money from investors under the existing schemes, we hereby also direct, as an interim measure, that, until returnable date, the record of the collections of money, which may be made by the petitioners, shall be maintained separately so that the collection of money, which may be made by the petitioners, can be easily traced out for consequential actions, if any, which may be required to be taken, should this Court decides to rescind its interim directions. We further direct that until returnable date and without leave of this Court, no further coercive action shall be taken by any of the respondents against the writ petitioners in respect of the matters covered by the present writ petition. Liberty is given to the respondents to seek cancellation/modification, etc., of the interim directions, which we have passed above. Furnish copies of this order to the learned Senior Government Advocate and also to the learned Central Government Counsel.
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2013 (8) TMI 1065 - PUNJAB AND HARYANA HIGH COURT
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... ... ..... fide, of the resignations of the petitioners-Kailash Chand Jain, Paresh Jain and Rakesh Kumar Jain, or its effect, will be seen by the trial Court after the evidence is led by the parties. It requires full trial. The petitioner did not reply to the notice of demand. There are prima facie allegations against the petitioners in the impugned complaints and thus, there is no illegality or infirmity in the impugned summoning orders. ( 18. ) Because there are disputed questions of facts involved in the present matter, this Court does not deem it proper to exercise its jurisdiction under Section 482 of the Code, at this initial stage. ( 19. ) Therefore , under such circumstances, this Court finds no merit in these petitions, which are liable to be dismissed. Accordingly, C.R.M.- M-3975-2013; C.R.M.-M-3976-2013; C.R.M.-M-15903-2013; and C.R.M.- M-15904-2013; are hereby, dismissed. However, the petitioners are at liberty to take up all the pleas during trial, at an appropriate stage.
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2013 (8) TMI 1064 - DELHI HIGH COURT
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... ... ..... n view of the decision of this Court in Director of Income Tax Vs. Jacobs Civil Incorporated, (2011) 330 ITR 578 (Delhi). However, we are informed that Special Leave to Appeal is pending against the said decision and this issue is also being argued in another case and judgment is awaited. Depending upon the decision by the Supreme Court and the Division Bench of this Court, the appellant will be entitled to raise this issue at the time of final arguments. To be listed along with ITA Nos.638/2008 and 461/2008. Parties are given liberty to file papers/documents in terms of the High Court Rules.
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