-
2012 (6) TMI 928
... ... ... ... ..... fence and prima facie case, the role played by the respondent in the alleged offences and in the light of the judgment of the Apex Court in Prakash Kadam s case (1 supra). VII) In case if the CBI approaches the Special Court for cancellation of bail, the learned Special Judge, without being influenced by any of the observations made supra, may consider such application independently. If the CBI has any additional material with regard to the allegations of tampering with the evidence, influencing witnesses, it may place the....... + More
-
2012 (6) TMI 927
... ... ... ... ..... re served on the assessees within the stipulated period of twelve months and, therefore, the proceedings under section 143 of the Act come to an end and the matter becomes final In view of the above, the first question now raised, therefore, stands concluded in favour of the assessee. 5.2. In view of the above admitted facts, as well as ratio laid in the case of ACIT vs Hotel Blue Moon (supra) and CIT vs C.Palaniappan (supra), that no notice u/s 143(2) of the Act was issued in the present case during the proceedings pendin....... + More
-
2012 (6) TMI 926
... ... ... ... ..... ioner (Appeals) had not considered their request for adjournment and dismissed the appeal. 5. From the record we find that notice for personal hearing was issued on 21.10.2005 received by the appellant on 17.11.2005 fixing the date of hearing on 16, 17 and 18.11.2005 The appellant on 17.11.2005 made a written request for adjournment. In spite of this, the Commissioner (Appeals) passed the order and held that enough opportunity was given, but the appellant did not avail on some pretext or the other. 6. As noted above, only ....... + More
-
2012 (6) TMI 925
... ... ... ... ..... erty to approach the Tribunal and for taking steps in accordance with law. Appeal is dismissed as withdrawn with liberty as prayed for.
-
2012 (6) TMI 924
... ... ... ... ..... ration the entire factual position in this regard as discussed above and the further fact that the assessee had already complied with the terms and conditions of the first stay and that the assessee has not adopted a hostile attitude in the disposal of appeal, we grant the extension of stay of demand till the disposal of the present appeal or for a further period of 180 days from the date of this order, whichever is earlier. It has been brought to our notice that the appeal is coming up for hearing on 17.07.2012. 4. It is ....... + More
-
2012 (6) TMI 923
... ... ... ... ..... ces of the case and in law the Tribunal was correct in holding that the central excise receipt of Rs.80,88,026/- and sales tax receipt of Rs.3,57,05,815/- granted to the assessee as incentive by the State Government is capital receipt not chargeable to tax? Issue notice to the respondents. Paper Book be submitted within three months.
-
2012 (6) TMI 922
... ... ... ... ..... (b) if the arrears of tax, penalty, interest or part thereof or any other amount is more than 25 percent of the total auction value, the 25 percent of the total auction value and the amount in the same proportion of the remaining auction value as the remaining arrears bear to the total dues of the bank or financial institution, shall be paid by the bank or financial institution. 23. The petitioner as also the respondents No.1 and 2 who have entered into Sale transaction of the property in question which is subject to the c....... + More
-
2012 (6) TMI 921
... ... ... ... ..... er circumstances, we are of the view that in view of principle laid down by the Hon ble Supreme Court in the case of Sargam Talkies (refer to supra), no addition is called for in the hands of the assessee. In the circumstances, the addition of Rs. 1 lakh as confirmed by the learned Commissioner of Income-tax (Appeals) stands deleted. 11. Even on the facts, it is noticed that the D.V.O has estimated the cost of construction at Rs.. 29,06,032/- as against the cost of construction recorded by the assessee of Rs.26,29,160/-. T....... + More
-
2012 (6) TMI 920
... ... ... ... ..... dicating authority after the issuance of the letter dated 23rd August 2004. 4. In our opinion, if the Commissioner of Central Excise, Thane - I has represented to the Members, CBEC that the objections raised by the audit party is erroneous, then, unless it is shown that the statement made by the Commissioner is erroneous or contrary to facts, the demands confirmed based on the auditors report could not be sustained. In these circumstances, in our opinion, it would be just and proper to hear the appeal before CESTAT without....... + More
-
2012 (6) TMI 919
... ... ... ... ..... ifically permits to pay that part of the fine which is to be paid as compensation, directly to the complainant, Magistrate is competent to receive the balance of fine deducting the compensation so payable and make necessary entries in Form No. 20. In that case based on the statement filed by the complainant acknowledging receipt of the compensation, necessary entries of the payment of compensation and receipt are to be recorded as in the case of deposit of fine and payment of compensation under S. 357(1)(b) of Code of Crim....... + More
-
2012 (6) TMI 918
... ... ... ... ..... lso make it clear that the Central Government would be free to frame a rehabilitation scheme specifically for such retired employees like the respondents and in such a scheme, it can specify the terms and conditions on which such persons would be entitled to rehabilitate/alternate residence, which may include the term that these respondents or their family members do not have any residence in any part of the country. It would also be open to the Government to specify the nature of accommodation to which such retired Govern....... + More
-
2012 (6) TMI 917
... ... ... ... ..... the impugned order, the ld. CIT(A) deleted the same after having the following observations - Third ground is directed against disallowance of ₹ 40,000/- out of repairs and maintenance and other expenses claimed at ₹ 2,15,885/-. Such disallowance is also made broadly in the similar fashion as noted in respect of Travelling and Conveyance expense. Hence for the reasons recorded above, such disallowance is also not found to be sustainable and is accordingly deleted. 7. We have considered the rival submissions and....... + More
-
2012 (6) TMI 916
... ... ... ... ..... at the assessee was given an opportunity to cross examine the said party and the assessee has denied or refused to cross examine the party. Therefore, we, in the interest of justice, deem it proper to restore the matter back to the file of the AO with a direction to verify as to what has happened in the hands of the sellers in case they have received any extra money over and above the sale price. Further the AO shall also give opportunity to the assessee to cross examine the seller whose statement was the basis for the add....... + More
-
2012 (6) TMI 915
... ... ... ... ..... y of the instrument i.e. cheque issued can only be enhanced if the payment thereunder is assured. In the instant case, therefore, the complainant had a minimum expectation, and reasonably so, of the payment due under the said cheque. This fact has been completely overlooked by the learned trial Court leading it to land itself in error. There is nothing before this Court to suggest that the amount due under the cheque has been repaid. In the result, the sentence imposed by the trial Court needs to be modified as follows. OR....... + More
-
2012 (6) TMI 914
... ... ... ... ..... t paid such amounts directly to the fuel seller. All transactions were made through drivers of vehicles who are not his fixed and permanent staff and acted as agent for such purchase. Keeping in view of the above fact we are of the view that the assessee will cover under Rule 6DD(k) of IT Rules. It is further observed that the revenue could not bring any other material except that from the ledger copy these payments on particular dates exceed ₹ 20,000/- when compared to the individual bills. It is observed that all t....... + More
-
2012 (6) TMI 913
... ... ... ... ..... trust which was accepted by the authorities themselves in the past years. There was no reason therefore to deny the assessee the benefit of exemption by invoking the provisions of Section 13(1)(a) and 13(1)(b) of the Act. 6.1 In Radhasoami Satsang v. CIT (SC) 193 ITR 321 (SC) the Supreme Court observed that the principle of res judicata does not apply to income tax proceedings. However, it was further observed ...where a fundamental aspect permeating through the different assessment years has been found as a fact one way o....... + More
-
2012 (6) TMI 912
... ... ... ... ..... s. 80IB in view of the past history. Therefore, in this background there is no justification to uphold the stand of the IT authorities to deny the claim of the assessee for deduction under s. 80IB in relation to the profits and gains. - Saurashtra Cement Chemical Industries Ltd. vs. CIT (1979) 11 CTR (Guj) 139; (1980) 123 ITR 669 (Guj) and CIT vs. Paul Brothers (1995) 216 ITR 548 (Bom) relied on. 14. In view of the above discussion, we are inclined to confirm the order of the CIT(A) on the issue relating to deduction u/s. ....... + More
-
2012 (6) TMI 911
... ... ... ... ..... itioner, to the consumers. We further hold that the Board is also not empowered to fix any component of Network Tariff or Compression Charge for an entity such as the petitioner having its own distribution network. The provisions of the Regulations (supra) in so far as construed by the Board to be so empowering it are held to be bad/illegal. Accordingly, the order dated 9th April, 2012 to the extent so fixing the maximum retail price or requiring the petitioner to disclose the Network Tariff and the Compression Charges to ....... + More
-
2012 (6) TMI 910
... ... ... ... ..... M/s. Sadras Venkatarama Chetty s Charities vs. DDIT(E), as the facts and circumstances are identical to the facts of the assessee s case. 12. On the issue of reopening under section 147 and furnishing reasons for reopening to the assessee by the Assessing Officer inspite of request made by the assessee, we are of the view that in view of the decision of the Hon ble Supreme Court in the case of G.K.N. Driveshafts (India) Ltd. v. ITO Others 259 ITR 19 , the Assessing Officer is bound to furnish reasons for reopening of asses....... + More
-
2012 (6) TMI 909
... ... ... ... ..... ided in section 2(m) and section 2(ea), respectively, includes a building let out to a tenant used for commercial purposes, the same cannot be subjected to wealth-tax. Even if the assessee had included the same in his return, that would not preclude the assessee from claiming the benefit of law. There cannot be any estoppel against the statute. A property, which is not otherwise taxable, cannot become taxable because of misunderstanding or wrong understanding of law by the assessee or because of his admission or on his mis....... + More
