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2012 (7) TMI 1167
... ... ... ... ..... said Form No.5, we find that the Form itself at the end specifically mentions that the provision of Stamp Act is applicable for original share capital and not for increase in the authorized capital. Furthermore, wherever stamp duty is intended to be charged, like in the States of Bihar, Andhra Pradesh, Madhya Pradesh, separate Articles have been incorporated in the Stamp Acts of their respective States to make provision for the same. 7. Unfortunately, insofar as Delhi is concerned, such an Article is absent which would aut....... + More
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2012 (7) TMI 1166
... ... ... ... ..... an be submitted to the learned Magistrate where the petitioner, if aggrieved will have appropriate remedies available to him. 38. The Delhi Medical Council is permitted to act in accordance with their statute and get the report of the medical Board approved and thereafter, place the same before the learned Magistrate for such action in accordance with law, as may be deemed fit. 39. Having regard to the aforesaid discussion and in view of the totality of circumstances, I am of the view that the present petition of the petit....... + More
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2012 (7) TMI 1165
... ... ... ... ..... ation was filed i.e. on 20.9.2005, he could have waited for appearance of the accused in order to afford them an opportunity to give say or contest the application instead of allowing the same hastily or ex parte on the very day when the application was moved. Learned counsel for the complainant cannot be heard to say that since the accused did not object the complainant leading secondary evidence, a clear-cut inference can be drawn that they had no objection for the complainant to do so. Merely because there was no object....... + More
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2012 (7) TMI 1164
... ... ... ... ..... scribed for presumptive tax payment. In such circumstances, the turnover has to be assessed at the rate applicable under Section 6(1). We see that the Tribunal has made such an observation and has also found that the rate applicable to the goods dealt with by the assessee, i.e., ice cream, is 12.5%. However, on going through the assessment order, we find that the tax has been assessed in the concluding portion at the rate of 0.5% on Rs.50 lakhs and at the rate of 12.5% on Rs.31,67,472/-. That is to say, even on finding tha....... + More
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2012 (7) TMI 1163
... ... ... ... ..... s 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 us 143(2) of the Act was issued in the present case during the proceedings pending u/s 148 of the Act, we are of the considered view that re-assessment framed without issuance of notic....... + More
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2012 (7) TMI 1162
... ... ... ... ..... issibility thereof; it was necessary to refer for determination of the fair market value of the asset to a Valuation Officer? XVIII. Whether by virtue of the provisions of clause (iib) of Section 132(1) of the Income-tax Act, 1961 adopting the definition of electronic record supplied by Section 2(1)(t) of the Information Technology Act, 2000 to the data seized from a computer, the threshold determination relating to the admissibility and legitimacy of such data in whatever form has not to be undertaken in accordance with l....... + More
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2012 (7) TMI 1161
... ... ... ... ..... ys and who does not remain in India beyond the said period. 7(3)Every foreigner presenting a registration report shall furnish to the Registration Officer such information as may be in his possession for the purpose of satisfying the said officer as to the accuracy of t he particulars specified therein and shall, on being required to do sign the registration report in the presence of the said officer and shall thereupon be entitled to receive from the said officer a certificate of registration in Part III of Form A 19.Ther....... + More
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2012 (7) TMI 1160
... ... ... ... ..... as made, which was turned down. Mr. Gandhi, the learned senior counsel for the petitioners has few other grounds also including the competence of the person, who initiated the complaint for the purpose of quashing the same, however, I do not consider it to be necessary to deal with the same. 41. For the aforementioned reasons, I am of the considered opinion that the invocation of Section 156 (3) Cr. P.C. by the complainant /respondent in the instant case was a gross abuse of the processes of law. As a matter of fact, the v....... + More
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2012 (7) TMI 1159
... ... ... ... ..... edabad. He filed a copy of co-ordinate Bench order in ITA No.4280/Ahd/2007 dated 15-10-2010. In ITA No.4280/Ahd/2007 for A.Y. 2001-02. On the other hand the Ld. D.R. relied on the order of A.O. 9. We have heard the rival contentions and perused the material on record. We find that in the assessee s own case for A.Y. 2001-02, the coordinate Bench vide order dated 15-10-2010 in ITA No.4280/Ahd/2007 relying on the decision of Special Bench in the case of ACIT vs. Mahindra Holding Resorts (India) Ltd.,(2010) 131 TTJ (Chennai) ....... + More
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2012 (7) TMI 1158
... ... ... ... ..... order passed by Ld. CIT(A). This ground of Revenue s appeal is dismissed. 10. In the result, Revenue s appeal is dismissed. Coming to ITA No.652/Ahd/2012 for A.Y. 08-09. 11. The Revenue has raised the following ground of appeal - 1. The Ld. CIT(A) has erred in law and on facts in deleting disallowance of interest amounting to 15,36,497/- without appreciating the fact that the A.O had established that the interest bearing fund had been diverted for the purpose of giving interest free advances. 12. The only effective ground ....... + More
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2012 (7) TMI 1157
... ... ... ... ..... Heymen (supra) and Kishorilal Gupta (supra). This decision, therefore, has no relevance in the present context. 15. We are, thus, of the view that the learned single Judge was right in coming to the conclusion that both the agreements dated 1.4.2007 and 1.4.2010 have been superseded/novated by the Exit Paper, and in view of Exit Paper being a fresh agreement with no arbitration clause for adjudication of disputes, the application of the appellant was rightly rejected. 16. We may add that, even otherwise, suppose there was ....... + More
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2012 (7) TMI 1156
... ... ... ... ..... at the claimants are M/s Splendid Aparna Projects (P) Ltd. Hence, in the present case, the possession of the property already handed over to the developer and right and interest in the property has been transferred in favour of the developers. 16. Being so, in our opinion, the condition laid down in section 2(47)(v) has been complied with and the lower authorities justified in treating the transaction is liable for capital gain. 17. Accordingly, we confirm the order of the lower authorities in the case of all these assesse....... + More
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2012 (7) TMI 1155
... ... ... ... ..... edicates that deprivation of freedom by refusal of bail is not for punitive purpose but for the bi-focal interests of justice to the individual involved and society affected. All deprivation of liberty is validated by social defence and individual correction along an anti-criminal direction. Public justice is central to the whole scheme of bail law. Fleeing justice must be forbidden but punitive harshness should be minimised. 14. If this case is viewed in bifocal manner, this Court is of the opinion that individual right o....... + More
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2012 (7) TMI 1154
... ... ... ... ..... by the Assessing Officer to collect the same directly from the creditor. The other evidences produced by the assessee in the shape of certificate from Canara Bank had not been disputed. Therefore, we deem it appropriate to remand the matter to the file of the Assessing Officer and if the address of the creditor is correct and the assessee is not able to procure the confirmation due to some dispute with the creditor, the Assessing Officer may collect the same directly by issuing the summon or any other mode, and if the iden....... + More
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2012 (7) TMI 1153
... ... ... ... ..... e property. 10. Therefore, we find that there is nothing on record to show that the Assessing Officer has applied his mind to the question as to how the four flats could physically be converted into a single residential unit. Likewise, there are no conclusive evidences available on record to show that the commercial properties have been actually converted into residential properties. Therefore, we find that the order of the Assessing Officer granting exemption under section 54F to the assessee is erroneous, as that error a....... + More
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2012 (7) TMI 1152
... ... ... ... ..... ustoms authorities that since the betel nuts were auctioned sold for Rs.3.64 lakhs only that much amount is payable to the writ petitioner. Instead the Writ Court accepted the valuation of the betel nuts as disclosed in the seizure list Rs.21,33,500/- and on that basis directed for refund of the said amount with the statutory interest (compound) at the rate of 6% per annum with effect from 30.8.2001 i.e. for the period after the decision by the CEGAT. We do not find any material to show that the actual market price of the ....... + More
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2012 (7) TMI 1151
... ... ... ... ..... ngh Chawla, Adv., Ms. Prity Kunwar, Adv., Mr. Y.R. Naik, Adv., Mr. Rajeev Singh, Adv. O R D E R Delay condoned. After having heard learned senior counsel for the petitioners and after perusal of the record, we are of the opinion that no case for interference is made out against the impugned order passed by the High Court. The special leave petition is accordingly dismissed.
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2012 (7) TMI 1150
Dishonor of Cheque - legally enforceable debt or not - cheque in question was not signed and issued - expert's opinion to ascertain the age of the ink - According to the Petitioner, the cheque in question was not signed and issued by him to the Respondent. It is his further contention that there was neither legally enforceable debt nor liability on the part of the Petitioner impelling him to issue the cheque in question. HELD THAT:- the defence of the Petitioner/Accused is that the signature in the disputed cheque was not made by him. But,....... + More
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2012 (7) TMI 1149
... ... ... ... ..... dmitted as no substantial question of law is involved by reason of the fact that the learned Tribunal has followed the decision of the Delhi High Court on the identical issue and point. It is not the case the Delhi High Court s judgment is not applicable on the facts and circumstances of the case. Hence the appeal is dismissed and also the connected application. All parties shall act on a xerox signed copy of this order on usual undertakings.
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2012 (7) TMI 1148
... ... ... ... ..... fficient cause from producing the confirmation letters, which he was called upon to produce by the Assessing Officer. Those confirmation letters were in support of the ground of assessee's appeal, therefore, it was covered under sub-clause (c) also. 6. As a result of foregoing discussion, it is held that the Tribunal committed an error in upholding the order of the CIT(A). Question of law is accordingly answered in affirmative in favour of the assessee. 6.1 In the aforesaid premise, the matter is remanded to the Commis....... + More
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