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2012 (5) TMI 871
... ... ... ... ..... efendant/UOI. I probably feel that the correct position is that appellant/plaintiff is trying to take advantage of an alleged admission of payment due of the disputed 17 bills in an execution proceedings although the bills were subject matter of arbitration proceedings and an Award i.e. a due adjudication. The appellant/plaintiff must have thought that UOI have committed a mistake of admitting amounts due of the 17 bills (although there was due adjudication/Award for these bills) in a collateral execution proceedings. In v....... + More
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2012 (5) TMI 870
Murder - Offence punishable u/s 120B r/w Section 302 Indian Penal Code - inordinate and unexplained delay in lodging the FIR - Time of occurrence cannot be validly related to the expert medical evidence - Plea of Alibi - Challenge the Conviction Judgment of the High Court as well as that of the Trial Court - HELD THAT:- It is a settled principle of criminal jurisprudence that mere delay in lodging the FIR may not prove fatal in all cases, but in the given circumstances of a case, delay in lodging the FIR can be one of the factors which corrode....... + More
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2012 (5) TMI 869
... ... ... ... ..... ingly. Connected M.P. is closed. 6. As such, as of now, the substantive block assessment completed in the hands of Shri Ku.Pa.Krishnan stands set aside and the matter is remanded to the Assessing Officer for fresh disposal in accordance with law after considering the additional evidences that may be produced by Shri Ku.Pa.Krishnan. 7. As the substantive block assessment made in the hands of Shri Ku.Pa. Krishnan is set aside and remanded back to the Assessing Officer for fresh disposal, the impugned protective assessments a....... + More
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2012 (5) TMI 868
... ... ... ... ..... e property till the disposal of the suit. The High Court lost sight of the fact that if the temporary injunction restraining Liberty Agencies and its partners from allowing, leasing, sub-leasing or encumbering the suit schedule property was not granted, and the Respondent No. 1 ultimately succeeded in the suit, it would be entitled to damages claimed and proved before the court. In other words, the Respondent No. 1 will not suffer irreparable injury. To quote the words of Alderson, B. in The Attorney-General v. Hallett 153....... + More
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2012 (5) TMI 867
... ... ... ... ..... ing to the above conclusion, the Hon'ble Supreme Court has referred to its various decisions in this judgment which also favour the case of the assessee. We, therefore, do not find any force in this ground of Revenue as well. 6. Assessee here also was using the logo owned by Shriram Chits and Investments Ltd. and therefore, respectfully following the decision of co-ordinate Bench, we are of the opinion that the CIT(Appeals) was justified in directing the A.O. to allow the royalty expenses as revenue. The Tribunal had, ....... + More
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2012 (5) TMI 866
... ... ... ... ..... of income of the trust for charitable and religious purposes in the subsequent year in which adjustment has been made having regard to the benevolent provisions contained in section 11 of the Act and that such adjustment will have to be excluded from the income of the trust under Section 11(1) (a) of the Act. Our view is also supported by the judgment of the Gujarat High Court in the case of CIT v. Shri Plot Swetamber Murti Pujak Jain Mandal, 1995 211 ITR 293. Accordingly, we answer question No.3 in the affirmative, i.e., ....... + More
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2012 (5) TMI 865
... ... ... ... ..... ous disposal of the trial is also a facet of fairness of the trial and speedy trial is infact a fundamental right as observed by this Court in Hussainara Khatoon and Ors. v. Home Secretary, State of Bihar, Patna (1980) 1 SCC 81. When witnesses from distant places are sought to be summoned, early conclusion of the trial becomes so much more difficult apart from the fact that the prosecution will have to bear additional burden by way of travelling expenses of the official and non-official witnesses summoned to appear before ....... + More
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2012 (5) TMI 864
... ... ... ... ..... e public on account of their high good will in the society. People purchase the items of branded companies blindly because of their goodwill and they rely on the contents displayed on the wrapper of the company. In the present case, the petitioners' company has rather played fraud with the public at large by displaying that they are producing toilet soaps in accordance with the prescribed standards, whereas the fatty contents were altogether very low. It appears that the fatty contents were reduced on account of their ....... + More
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2012 (5) TMI 863
... ... ... ... ..... the Act whereas the AO has imposed penalty for concealment of income under the normal provisions of the Act. Thus there is no finding in assessment order that income has been under assessed. Moreover the assessee had furnished all information relating to computation of capital gains. The assessee made a claim for indexation w.e.f. 1.4.1981 which was not sustainable under law. It will not amount to furnishing of inaccurate particulars of income in view of decision of Hon ble Supreme Court. Moreover, as discussed above compu....... + More
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2012 (5) TMI 862
... ... ... ... ..... of the financial year when a demand is made in the ensuing FY to be liquidated within a period of 15 days. As it is a voluntary contribution from all the miners of the District, the Government authorities are particular to require the periphery development expenses to be borne in proportion to their working in the earlier year cannot be considered for accounting the same under the mercantile system of accounting when the expenditure had not crystallized in the earlier years and could be paid only after ascertaining the con....... + More
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2012 (5) TMI 861
... ... ... ... ..... e even if it is assumed that the payment for broadcasting cricket constitutes royalty, such royalty does not arise in India within the meaning of provisions of art. 12(7) of the tax treaty-Stanley Keith Kinnett, In re (1999) 154 CTR (AAR) 193 (1999) 238 ITR 155 (AAR) and CIT vs. Elitos SPA. (2005) 196 CTR (All) 638 (2006) 280 ITR 495 (All) relied on. 6. Before us, both the parties agree that the proposition laid down in this case is applicable to the facts on hand. Thus, respectfully following the same, we dismiss the grou....... + More
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2012 (5) TMI 860
... ... ... ... ..... long way in controlling the tendency of filing false cases. 30. Conclusion On consideration of totality of the facts and circumstances of this case, I do not find any infirmity in the well reasoned impugned judgment. The appellant has misused the process of law by raising a false claim. The appellant has no respect for truth and has made false statements on oath. The appellant has shamelessly resorted to falsehood and has attempted to pollute the pure fountain of justice with tainted hands and, therefore, the appellant is ....... + More
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2012 (5) TMI 859
... ... ... ... ..... n Vedanta Alumina Ltd (supra) has unequivocally held on an interpretation of Sec. 11 of the NEAA Act, 1997 that the expression aggrieved person‟ used therein denotes an elastic and to an extent an elusive concept and has to be given the widest operation as the language will permit. Accordingly, it was held that an organization working in the area in question, closely following issue of setting up of industries and the impact thereof on the environment, would be a person aggrieved‟ and entitled to exercise of ri....... + More
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2012 (5) TMI 858
... ... ... ... ..... ther as owner or on hire. Borrowing or using the means owned by someone else is impermissible. If someone offers gift for going for Hajj one is within rights to accept or reject the offer. The expenses of traveling and mode of transport means that one should have, besides a house for residence, clothes, household articles, sufficient money for traveling to Makkah and for coming back; if there are any loans, to repay them and to leave behind sufficient money for expenses on those dependent upon him. (Fatawa-e-alamgiri edite....... + More
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2012 (5) TMI 857
... ... ... ... ..... r. 5. Against this order the Assessee is in appeal before us. 6. We have heard the rival contentions in light of the material produced and precedent relied upon. We find that lower authorities have put the onus on the assessee to prove that the said bank account is bogus. In this regard, assessee has categorically stated that the said account was not opened by the assessee. The bank has not replied to the query of the Assessing Officer. So adverse inference on the assessee cannot be made in this regard. In our considered o....... + More
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2012 (5) TMI 856
... ... ... ... ..... is Court, is binding on me. In this judgment, it has been upheld that land bearing survey No. 106 of Carapur village belongs to Manoramabai Rauji Rane Group. It is not known as to how long the Special Leave Petition before the Hon'ble Apex Court would take for its final disposal. There is no point in keeping the present appeal pending till then. If the judgments are set aside in the said Special Leave Petition, Sanyogita Rane Group can take recourse to Section 144 of the Code of Civil Procedure. 29. Various contentions....... + More
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2012 (5) TMI 855
... ... ... ... ..... ddition has been added by the Assessing Officer naturally this sum would be available to explain various assets against this income. Naturally it cannot be presumed that whole of the income has been spent by the assessee. On a specific enquiry by the Bench the Revenue could not show that the assessee had utilized this amount for explaining any other assets, therefore, in our opinion, this amount was available to explain the cash during survey amounting to ₹ 4.00 lakhs, ₹ 4.00 lakhs deposited in the bank and ....... + More
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2012 (5) TMI 854
... ... ... ... ..... as the computation of indexation cost is concerned, the Assessing Officer computed the indexation cost as per the date of payment by the assessee to the builder instead of the year of purchase taking as a base year. In our view, this issue of taking the indexation cost, as per the payment date, is only in the nature of disallowing the claim of the assessee as the Assessing Officer was having a different opinion that of the assessee. Therefore, the claim of the assessee was neither bogus nor absolutely wrong but because of ....... + More
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2012 (5) TMI 853
... ... ... ... ..... his action and decline to interfere in the matter. 18.3 In the present case, the facts are still better because in the present case, the reserve was directly credited to P L account instead of reducing form expenses incurred. Therefore, in the light of this tribunal decision cited by the Ld. A.R., we are of the opinion that the amount of money transferred from equity premium (reserve and surplus) has to be allowed to be reduced from book profit as per clause (i) of Explanation (1) to Section 115JB(2) of the Act. We, theref....... + More
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2012 (5) TMI 852
... ... ... ... ..... above principles, it was expected of the accused to render proper explanation for his injuries and his conduct. However, he opted to deny the same and in fact even gave false replies to the questions posed to him. 51. If the accused gave incorrect or false answers during the course of his statement under Section 313 Code of Criminal Procedure, the Court can draw an adverse inference against him. 52. In the present case, we are of the considered opinion that the accused has not only failed to explain his conduct, in the man....... + More
