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2020 (10) TMI 1382
Seeking directions for the anticipatory bail application of the Petitioners to be heard by the Patna High Court which is stated to be still pending - disclosure of false information by the Petitioner in his nomination papers submitted for General Nagar Palika elections, 2007 - HELD THAT:- The SEC in exercise of power as enunciated Under Section 18(2) of the Act declared the elections void. Action was directed to be taken against the Petitioners and in pursuance to the same, FIR was lodged against them Under Section 447 of the said Act read wit....... + More
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2020 (10) TMI 1381
Disallowance u/s 14A - expenditure incurred by the assessee in relation to tax exempt income - HELD THAT:- As relying on Joint Investments Pvt. Ltd [ 2015 (3) TMI 155 - DELHI HIGH COURT] and Daga Global Chemicals Pvt. Ltd. [ 2015 (1) TMI 1204 - ITAT MUMBAI] window for disallowance is indicated in Section 14A of the Act and is only to the extent of disallowing expenditure incurred by the assessee in relation to tax exempt income. Therefore, this proportion or portion of the tax exempt income surely cannot swallow the entire amount as has happen....... + More
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2020 (10) TMI 1380
Disallowance u/s 14A r.w.r. 8D - expenditure incurred on earning exempt income - As argued since the assessee has not incurred any expenditure to earn the exempt income and Addition to be restricted to the exempt income received for the relevant assessment years - HELD THAT:- In the light of the order of M/s.Century Real Estate Holdings Pvt. Ltd [ 2020 (6) TMI 780 - ITAT BANGALORE] we hold that the disallowance u/s 14A of the I.T.Act cannot exceed the exempt income earned during the relevant assessment years. Accordingly, we restrict the disal....... + More
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2020 (10) TMI 1379
Right to residence in shared household being the matrimonial home - Interpretation and working of the Protection of Women from Domestic Violence Act, 2005 - decreeing the suit filed by the Plaintiff for mandatory and permanent injunction - Order XI Rule 13 Code of Civil Procedure. Whether definition of shared household Under Section 2(s) of the Protection of Women from Domestic Violence Act, 2005 has to be read to mean that shared household can only be that household which is household of joint family or in which husband of the aggrieved perso....... + More
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2020 (10) TMI 1378
Plea of juvenility - juvenile as per the Juvenile Justice Act, 1986 or not - HELD THAT:- This Court at this stage can decide and determine the question of juvenility of Satya Deo, notwithstanding the fact that Satya Deo was not entitled to the benefit of being a juvenile on the date of the offence, under the 1986 Act, and had turned an adult when the 2000 Act was enforced. As Satya Deo was less than 18 years of age on the date of commission of offence on 11.12.1981, he is entitled to be treated as a juvenile and be given benefit as per the 200....... + More
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2020 (10) TMI 1377
Seeking grant of bail - concealment of contraband material (Charas) weighing 3285 grams - HELD THAT:- It is accepted that seven witnesses have already been examined in the trial and seven more witnesses are yet to be examined. The last witness was examined in February 2020 whereafter there is no further progress in the trial because of the COVID-19 pandemic situation. It is also accepted that the appellant was taken in custody on 23.02.2018 and, as such, he has completed more than 2 years 7 months of actual custody. Considering the facts and c....... + More
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2020 (10) TMI 1376
Murder - disciplinary enquiry - Proof of misconduct in disciplinary proceedings - acquittal of accused - HELD THAT:- In the present case, the Respondent was acquitted of the charge of murder - The verdict of the criminal trial did not conclude the disciplinary enquiry. The disciplinary enquiry was not governed by proof beyond reasonable doubt or by the Rules of evidence which governed the criminal trial. True, even on the more relaxed standard which governs a disciplinary enquiry, evidence of the involvement of the Respondent in a conspiracy i....... + More
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2020 (10) TMI 1375
Grant of Regular bail - conspiracy - murder - HELD THAT:- It appears that though the name of the applicant is shown in the FIR for the alleged offences punishable under Sections 302, 143, 144, 147, 148, 149, 341, 384, 120B, 506 and 34 of the I.P.C., offence punishable under Section 25(1-b)A, 27 and 29 of the Arms Act and Section 135 of the Gujarat Police Act, for the incident which took place on 9th May 2020, on perusal of the charge-sheet papers, it appears that the complainant in the subsequent statement dated 3rd June 2020, which has been r....... + More
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2020 (10) TMI 1374
Rectification of mistake - MA is directed at the instance of Revenue pointing out apparent error in the order of the Tribunal [ 2024 (2) TMI 428 - ITAT AHMEDABAD] - assessment framed u/s 147 relying on belief of CBI - as pleaded in the MA that case of the Revenue falls within the exception clause (e) of para-10 of the CBDT Circular i.e. proceedings in this case was taken up on the basis of external information i.e. CBI - HELD THAT:- As assessee did not dispute about this, and submitted that appeal of the assessee for this assessment year is pe....... + More
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2020 (10) TMI 1373
Cancellation of sale and forfeiture of amount deposited - failure to comply the terms and conditions of auction sale - petitioner alleges high handedness of the respondent Bank in cancelling the sale and forfeiture of the amount deposited - HELD THAT:- From the material on record it is established that it is the petitioner who having not deposited the 75% of the auction sale within stipulated time, has to blame herself. The circular of the Reserve Bank of India relied by the petitioner in paragraph 6.7 of the petition is of no assistance to th....... + More
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2020 (10) TMI 1372
Approval of Resolution Plan - Prior permission of the CCI was not obtained under Proviso to Section 31(4) of I B Code - It was held by NCLAT that the Adjudicating Authority was conscious of CCI approval and hence, ignoring the fact that CCI approval has been obtained post CoC approval of the Resolution Plan is in order. HELD THAT:- There are no reason to interfere with the impugned order since no substantial question of law is involved in the appeal. The Civil Appeal is accordingly dismissed.
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2020 (10) TMI 1371
Invocation of bank guarantee that had been furnished by the petitioner as security deposit - requirement to fulfill certain preconditions before invoking the arbitration - HELD THAT:- There is a clear indication therein that the terms of the Concessionaire Agreement are to be accorded priority over all other agreements and documents that formed part of the Concessionaire Agreement. The recital 'F' of the Concessionaire Agreement, no doubt, indicates that the RFQ, RFP and LOIA would all form integral parts of the Concessionaire Agreemen....... + More
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2020 (10) TMI 1370
Addition u/s 68 - unexplained cash credit for the loans taken - HELD THAT:- Both the lender companies i.e. Aereo Deal Com Pvt. Ltd and M/s Chamak Traxim Pvt. Ltd are genuine companies carrying out regular business of finance in their capacity as Non Banking Finance Companies registered with Reserve Bank of India and having sufficient liquidity to give loan to various borrowers. Ld. CIT(A) has also mentioned the fact that Mr. Deepak Kalani who controls the financials of M/s ADPL and M/s CTPL is having long time friendship with the Directors of ....... + More
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2020 (10) TMI 1369
TP adjustment - MAM - why CUP method cannot be applied as the most appropriate method? - HELD THAT:- Since the facts of the instant case are identical to the facts for the A.Y. 2011- 12 and AY 2013-14, therefore, respectfully following the decision of the Tribunal in assessee's own case and in absence of any distinguishable features brought to our notice, we are of the opinion that CUP is the most appropriate method in the instant case which has been applied by the assessee for benchmarking the transactions for provision of consultancy ser....... + More
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2020 (10) TMI 1368
Suit for declaration of title of the plaintiff and the second defendant to the suit property - seeking exemption to adduce evidence - HELD THAT:- The revision petitioner cannot seek exemption to adduce evidence due to his choice to examine his son. If exemption to appear and adduce evidence is granted to the defendant, it would imply that the plaintiff may not be in a position to invoke Section 114 illustration (g) of the Indian Evidence Act, best evidence could be shut. In a litigious battle, if a party fails to produce best evidence, when he....... + More
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2020 (10) TMI 1367
Transfer petition - seeking transfer of three criminal cases pending before different courts in Dehradun to competent courts in Delhi or some other courts outside the State of Uttarakhand - HELD THAT:- The transfer power Under Section 406 of the Code is to be invoked sparingly. Only when fair justice is in peril, a plea for transfer might be considered. The court however will have to be fully satisfied that impartial trial is not possible. Equally important is to verify that the apprehension of not getting a level playing field, is based on so....... + More
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2020 (10) TMI 1366
Pronunciation of final orders without a reasoned judgment - Deprivation from seeking further judicial redressal in the next tier of judicial scrutiny - HELD THAT:- A Constitution Bench of this Court as far back as in the year 1983 in the STATE OF PUNJAB VERSUS JAGDEV SINGH TALWANDI [ 1983 (12) TMI 332 - SUPREME COURT] drew the attention of the High Courts to the serious difficulties which were caused on account of a practice which was increasingly being adopted by several High Courts, that of pronouncing the final orders without a reasoned jud....... + More
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2020 (10) TMI 1365
Grant of validity certificate in favour of the Petitioners, resultantly invalidating the tribe claim of the Petitioners - HELD THAT:- The Registrar of the Aurangabad Bench are called upon to verify the aforesaid fact and communicate to this Court forthwith as to why the order has not been uploaded. The Supreme Court Registry to send the message immediately and obtain the necessary copy of the order, if available. List on 13th October, 2020.
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2020 (10) TMI 1364
Exemption u/s 11 - whether proviso to section 2 (15) is not applicable in the present case? - HELD THAT:- As decided in own case [ 2020 (11) TMI 483 - KARNATAKA HIGH COURT ] the proviso to section 2 (15) is not applicable in case of this assessee. Depreciation claim - Second issue is also squarely covered in favour of the assessee by the tribunal order in assessee s own case in which, the tribunal has followed a judgment of Hon ble Supreme Court rendered in the case of CIT vs. Rajasthan and Gujarat Charitable Foundation Poona [ 2017 (12) TMI 1....... + More
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2020 (10) TMI 1363
Power of CIT(Appeals) to enhance the assessment - Power vested in the CIT (A) u/s 251(1)(a) - Tribunal holding that the CIT (Appeals) cannot enhance the assessment on a reference made by the AO especially when the provision of Section 251(1)(a) confers the power to enhance on the CIT(A) and there is no bar in the AO from reporting the shortcoming in the order passed for the purpose of enhancement - Revenue contended that the power of the CIT(A) u/s 251 is of very wide that in disposing of the appeal, his powers are co-equal to that of the Asse....... + More
