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2010 (7) TMI 1231
... ... ... ... ..... t, the proportionate costs and interest due on the said amount, proviso (c) to Section 51 of the Code of Civil Procedure cannot have any application. 33. We are, in these circumstances, satisfied that this appeal deserves to be allowed in part. We held that in the proceedings for execution of the decree amount of Rs. 2,55,500/- (i.e. Rs. 3,25,500/- minus Rs. 70,000/- as shown earlier) along with interest and proportionate costs, the Respondent is not entitled to take up the plea of no means. 34. This appeal is allowed to t....... + More
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2010 (7) TMI 1230
... ... ... ... ..... ice returnable on 27th July, 2010. By way of adinterim relief, the respondent is permitted to proceed further with the investigation and inquiry. However, final order shall not be passed without the permission of this Court. 3. Direct Service is permitted.
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2010 (7) TMI 1229
... ... ... ... ..... terest income on FDRs and mutual funds arises out of the funds invested with non-members? Similar question was also involved in Income Tax Appeal (30) of 2003, The Commissioner of Income Tax-11 another Vs. M/s Noida Golf Course Society. This Court has dismissed the appeal on 26.5.2010. In view of the above, the appeal is dismissed.
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2010 (7) TMI 1228
... ... ... ... ..... s cancellation agreement was filed along with the application u/s 154 but it relates to the nature of transactions. It has been repeatedly held by the apex court that justice should not only be done it should seem to have been done and minor technicalities should not come in the way. Therefore, in order to impart justice to the parties the entire transactions should be examined in the light of this cancellation deed which is filed along with the rectification application. We therefore, of the view that the A.O. ought to ha....... + More
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2010 (7) TMI 1227
... ... ... ... ..... n law of the deceased and Mukesh, the brother in law of the deceased. As already noticed, Lajwanti and Mukesh have been acquitted by the High Court for total lack of evidence. Neither the State nor the complainant has preferred an appeal against judgment of acquittal. The accused is a young person of 48 years. Keeping in view the facts and circumstances of the case and in exercise of powers under Article 142 of the Constitution of India to do complete justice, we are of the considered view that ends of justice would be met....... + More
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2010 (7) TMI 1226
... ... ... ... ..... ctly attributable to the Indian PE i.e. rendered to a project or client in India. In effect thus, entire profits relating to services rendered by the assessee, whether rendered in India or outside India, in respect of Indian projects is taxable in India. That is precisely what the Assessing Officer had done. The grievance of the Assessing Officer is indeed justified and we uphold the same. We, therefore, vacate the relief granted by the Commissioner (Appeals) and restore the order of the Assessing Officer in this regard. 1....... + More
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2010 (7) TMI 1225
... ... ... ... ..... be supplied and the bar under Section 8(1)(e) cannot be invoked. There is no question, therefore, of not providing the information concerning the Respondent to the Respondent himself. 26. The provision of Section 8(1)(j) is also not attracted. The disclosure to the Respondent of the information concerning himself can hardly be said to be an unwarranted invasion of his privacy. This is information about himself which he needs to know as it provides the reason why he was not considered for promotion. Therefore, the informati....... + More
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2010 (7) TMI 1224
... ... ... ... ..... nothing to do with the resolution passed by the BAI. We, therefore, fail to understand as to how the Government Order issued based on the alleged resolution of BAI authorising mandatory contributions to NAC can be enforced against contractors. It is brought to the notice of this Court that BAI is a body of persons engaged in the construction of buildings, and it is not an association of contractors who are engaged in construction of roads. Be that as it is, by reading the Government Orders being G.O.Ms.No.92, dated 19.5.19....... + More
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2010 (7) TMI 1223
... ... ... ... ..... empted must have been applied in the year in question and not earlier. 7. We are unable to accept the submission. 8. Exclusion of income from total income under Section 11 of the Act is to the extent of its application for charitable purposes. Adjustment against excess expenditure of an earlier year is also application of income under the said provision. In CIT v. Maharana of Mewar Charitable Foundation 1987 164 ITR 439 , it was held that it was not necessary that the income should be applied in the year in which it has ar....... + More
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2010 (7) TMI 1222
... ... ... ... ..... d hoc addition is unjustified. Addition was accordingly deleted. 3. The learned DR relied upon the order of the AO. On the other hand, assessee sought adjournment which is rejected separately. None appeared on behalf of the assessee at the time of hearing. 4. On consideration of the above facts and submissions of the learned DR, we do not find any merit in the departmental appeal. The AO has not brought any material on record to show as to which of the bills/vouchers of the expenditure has not been produced before him. Eve....... + More
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2010 (7) TMI 1221
... ... ... ... ..... public offer through a merchant banker to acquire shares from public shareholders by paying them the value determined by the valuer in the manner prescribed(sic) in regulation 23 of the SEBI (Delisting of Equity Shares) Regulations, 2009 and acquire the shares offered in response to the public offer, within three months from the date of this order; (d) Direct BSE to facilitate valuation of shares to be purchased, as at (c) above, and compulsorily delist Parsoli Corporation Ltd., if the public shareholding reduces below the....... + More
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2010 (7) TMI 1220
... ... ... ... ..... e is no averment in the application for injunction in terms of Order 39, Rule 1(b) of the Code that the Defendant threatened or intended to dispose of his property with a view to defraud his creditors. Thus, the said decision does not help the Plaintiff in anyway. 28. On consideration of the entire materials on record we find that the Plaintiff having failed to make out any case of attachment before judgment as provided in Order 38 of the Code, the learned single Judge should have dismissed the application itself instead o....... + More
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2010 (7) TMI 1219
... ... ... ... ..... d holder. The Commission shall submit its report not to the Central Government but to this Court for approval and further directions. Any de-notification/release of the land would be only subject to further orders passed by this Court in light of the Commission's report. The Commission may proceed with the survey in relation to the acquired lands in other villages, as suggested in paragraph 9 of the scheme only after submitting its report in respect of village Gopalpur and subject to further orders by this Court. 23. T....... + More
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2010 (7) TMI 1218
... ... ... ... ..... s. Woodward Governor India Pvt. Ltd., 312 ITR 254 and judgment of this Court in Skycell Communications Ltd. and Anr. vs. DCIT and Ors., 251 ITR 53 which has been followed in appeal Commissioner of Income Tax vs. Bharti Cellular Ltd., I.T.A. No. 1120/2007. The appeal is accordingly dismissed. It could not be disputed that the question covered there is a pure question of fact. No question of law has arisen. Dismissed.? In view of the aforesaid order, the present appeal is dismissed in limine.
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2010 (7) TMI 1217
... ... ... ... ..... red the facts of the case and submissions made before us. It is clear that a fiction created u/s 50C is applicable only for the purpose of computation of capital gains in the case of transferor. This fiction is not applicable to the case of a buyer in this year. The issue stands covered by the decision of the Tribunal in the case of Harley Street Pharmaceuticals Ltd. (supra). Following this decision, it is held that the provisions contained in sections 69 and 69B cannot be invoked in the case of the assessee unless specifi....... + More
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2010 (7) TMI 1216
... ... ... ... ..... applications (Exhibits39 and 49) are one of the tactics to protract the matter and sight cannot be lost of the said submissions and, therefore, it is necessary to expedite the hearing of the case. 14) In the circumstances, there is no perversity and arbitrariness in the orders passed by learned JMFC (2nd Court) Jalgaon rejecting the applications (Exhibits39 and 49) preferred by the petitioner on 12th January, 2009 and also by the learned Sessions Judge, Jalgaon dismissing the Criminal Revision Application No. 57/2009 on 12....... + More
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2010 (7) TMI 1215
... ... ... ... ..... AO. 7. We have heard rival submissions and have gone through the relevant material available on record. As the facts emerge, AO in his order has merely referred to excessiveness of expenditure; self made vouchers and without assigning any reasons ad hoc disallowances have been made, which in A.Y. 2003- 04 have been upheld by CIT(A) and in A.Y. 2005-06 2006-07 have been partly confirmed. In our view, if the books of assessee are properly maintained and produced before AO, the disallowance shall proceed on items of expenditu....... + More
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2010 (7) TMI 1214
... ... ... ... ..... w, in this case also the payment made is for business consideration and cannot be considered to be illegal in nature and have been incurred in the ordinary course of business in order to ensure that the work is completed on time. Therefore, the said amount has to be allowed as deduction by way of business expenditure . Therefore said decision squarely applies to the present case also and accordingly, we answer the substantial questions against the revenue. The appeal is accordingly dismissed. Considering the facts and circ....... + More
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2010 (7) TMI 1213
... ... ... ... ..... the seller has sold the gold or diamond at higher rate to the purchaser and has shown a lesser price. In the case of these shares there is some limitations also hence argument advanced by the learned Sr. counsel supports that assessee has not paid more price for acquiring those shares than declared in the books of accounts. The learned CIT(A) has only expressed a doubt regarding the purchase price shown by the assessee at the same time accepted valuation report furnished by the assessee which was furnish before him for the....... + More
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2010 (7) TMI 1212
... ... ... ... ..... to wait compulsorily and indefinitely for the appearance of the complainant. In such situation, the Magistrate may close the complaint, which would not amount to acquittal of the accused. Therefore, in this case, the learned Magistrate, by closing the complaint, has not committed any illegality. At the same time, this Court considers the submissions made by the learned Counsel for the petitioner that the representative of the complainant could not appear before the Court due to illness. 5. In the interests of justice that ....... + More