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Activity involving offer of plots for sale with assurance of development of infrastructure/amenities, lay-out approvals etc. is a ‘service

January 10, 2013 4725 Views 0 comment Print

The short question that falls for determination in these appeals by special leave is whether the appellant-company was, in the facts and circumstances of the case, offering any ‘service’ to the respondents within the meaning of the Consumer Protection Act, 1986 so as to make it amenable to the jurisdiction of the fora established under the said Act.

Reassessment to check excess disallowance of deduction not justified if primary facts were disclosed during original assessment

January 10, 2013 468 Views 0 comment Print

In the present case, the assessee disclosed the factum of housing project, the construction of shops and the profit derived therefrom. These were the primary facts sufficient for the Assessing Officer to proceed in its assessment process. He had undertaken such a process and applied the facts to the provisions of law by applying his mind.

S. 271D period of Limitation to be reckoned from the date of First show cause notice irrespective of who issued it

January 10, 2013 2438 Views 0 comment Print

In the present case, the first show cause notice for initiation of proceedings was issued by the AO on 25.03.2003 and was served on the assessee on 27.03.2003. Obviously, the later period also expired on 30.09.2003 when six months expired from the end of the month in which the action for imposing the penalty was initiated. The order as passed by the Joint Commissioner of Income Tax for the penalty under Section 271D on 28.05.2004 was clearly hit by the bar of limitation and has rightly been set aside in the orders impugned.

Mis-interpretation or mis-reading of document is question of law and on such an issue an appeal can be filed

January 10, 2013 546 Views 0 comment Print

An appeal under Section 10F of the Companies Act can be filed only on a question of law; a mis-interpretation or mis-reading of document is question of law. There is no dispute that in this case a question of law has arisen as the submission of the appellant is that the correspondences exchanged between the parties were not appreciated by the CLB in its correct perspective.

List of Candidates Elected from Central & Regional Councils of WIRC, SIRC, EIRC, NIRC & CIRC

January 10, 2013 3306 Views 0 comment Print

List of Candidates Elected from Central and Regional Councils of WIRC, SIRC, EIRC, NIRC and CIRC who were elected in recently concluded election of ICAI- Result Notification – Central Council Result Notification – Regional Councils

Amendment to Section 15M of SEBI Act, 1992

January 10, 2013 1008 Views 0 comment Print

The Cabinet today approved the proposal of the Department of Economic Affairs for amendment to Section 15M of the Securities and Exchange Board of India (SEBI) Act, 1992, to enlarge the field of selection for the post of Presiding Officer (PO) of the Securities Appellate Tribunal (SAT)

Railways Relax Condition of Production of Original Proof of Identity during Journey

January 10, 2013 4161 Views 0 comment Print

Ministry of Railways has made some relaxation in the condition of production of original Proof of Identity during train travel and particularly for the passengers belonging to the lower economic classes.

No addition to be made in block assessment if no incriminating material found during search

January 10, 2013 1526 Views 0 comment Print

AO had made assessment on the information/material available in the return of income. The information regarding the gift was available in the return of income as capital account had been credited by the assessee by the amount of gift. Similar was the position in relation to addition under section 2(22)(e). T

SEBI cautions against fraudulent calls made in its name

January 10, 2013 777 Views 0 comment Print

It is observed from some recent newspaper reports that fraudulent telephone calls are being made to individuals/investors in the name of the regulatory officials giving advice on financial products.

Exemption U/s. 11 cannot be denied for mere Subscription to chit funds by Trust

January 10, 2013 2059 Views 0 comment Print

Intention of the Legislature is to regulate the manner of investment of the money left with an assessee-Trust after utilization for charitable purpose. Subscription to chit funds itself will be utilization of the funds of the assessee since right of the assessee is only to prize a chit or participate in a draw of lots. It is not an investment or deposit of a money which is available as surplus with assessee.

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