petitioners

From the nature of activities being pursued by the petitioners, particularly as contained in the 'memorandum of association' extracted by the respondent in the statement filed in WP(C) 6899/2009 (stated as more or Jess similar in the other case as well), it is very much evident that the derivation of income by the petitioner cannot be held as merely the income from property, so as to oust the involvement of 'trade, commerce or business' or any service in connection with .. Full Article

It is well established position that Articles of a Company are constituent document and are binding on the Company and its Directors. As aforesaid, the intention of Article 57 is that the share capital of the Company remains within the close knit group and nothing more. On the plain language of the said provision and the intent behind it, the regime of Article 57 has no application to transfer of shares between member to member of the Company interest. There is force in .. Full Article

The CLB cannot exercise its inherent powers to pass orders without jurisdiction or in utter disregard to orders passed by the Supreme Court or the High Court; an interim order passed by the CLB without jurisdiction and without giving reasons and in utter disregard to the orders passed by the Supreme Court and the High Court cannot be sustained. Full Article

Where in the reasons recorded seeking reopening of the assessment, the Assessing Officer had failed to disclose as to how he had come to the finding and on the basis of which materials that income chargeable to tax had escaped assessment; the reasons recorded were therefore, ex facie without any foundation and were in fact wholly baseless conclusion; accordingly, the notices issued against the assessee under sections 147/148 were to be quashed. Full Article