Judgements and Orders, Supreme Court and High courts of India

Held by the Hon`ble Court that, order passed by commissioner u/s 263 without granting opportunity of personal hearing to assessee is violation of natural justice. Therefore revision order passed by the commissioner is not justified in law.

Held by the Hon`ble Court that it had come on the records that due to bad financial position no interest has been charged in order to safe guard the principal and assessee acted as an prudent person. Therefore no notional interest, on interest free l

Held by the Hon`ble Court that, as assessee merely acted as an agent and amounts repaid by the directors/managing directors including interest were not reflected in its accounts as loans or borrowing of the assessee. Therefore assessee was not a pers

Section 10 of the Contempt of Courts Act, 1971 - Contempts of subordinate Courts - Power of High Court to punish - Whether Company Law Board (CLB) is judicially subordinate to High Court and, even if its administrative control is held not to vest in

Held by the Hon`ble Bench that the fact is that the society is engaged in an object of public utility and is not covered by the provision of section 13(1)(bb),thus the trust shall be entitled to exemption u/s 11 as the profit from the business is sol

Held by the Hon`ble Court that, the new unit was a part of the existing business moreover unity of control and inter-lacing of the units is also there. Therefore expenses incurred regarding setting up of the new unit which was part of the existing bu

Held by the Hon`ble Bench that as per sections 80AB and 80B the primary step for calculating the profits and gains is to determine the gross total income as per the provisions of the Act except giving effect to deductions under chapter VI-A, thereaft

Held by the Hon`ble Court that the objects should not be considered independantly, these should be understood in their entirety. As the defending of the members against initiated actions was only one of the objects apart from indulging in charitable

Held by the Hon`ble Bench that section 71(2) allows an assessee to set off of business loss from income under any head including capital gains, further no sequence is prescribed for set off of losses, thus it is open to the assessee to set off the bu

Held by the Hon`ble Court that the provision relating to filing of return of income within the stipulated time is applicable to a person who is required to file a return u/s 139(1), a person not having any taxable income is not bound to file the INCO