Delhi Court November 2012 Judgments
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M/S. Gail India Limited Vs. the Joint Commissioner of Income Tax
Court: Delhi
Decided on: Nov-05-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :30. 10.2012 PRONOUNCED ON:05. 11.2012 + ITA 956/2011 AND ITA 957/2011 M/S. GAIL INDIA LIMITED ..... Appellant Through: Sh. Ajay Vohra, Ms. Kavita Jha, Sh. Amit Sachdeva and Sh. Vaibhav Kulkarni, Advocates. versus THE JOINT COMMISSIONER OF INCOME TAX ..... Respondent Through: Sh. Sanjeev Sabharwal, Sr. Standing Counsel with Ms. Gayatri Verma and Sh. Puneet Gupta, Advocates. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT % 1. The assessee in these appeals questions an order of the Income Tax Appellate Tribunal (ITAT) dated 22.01.2010 in ITA Nos.1372/Del/2001 and 1724/Del/2002 in respect of two assessment years. The questions of law were framed by Court in its order dated 11.08.2011 : Questions of law from order dated 11.08.2011 (i) Whether in view of the fact that in the earlier year the Tribunal had restored the issue relating to deduction of amortization of lease premium to the Assessing Off...
The Commissioner of Income Tax Delhi-ii Vs. Khoobsurat Resorts Pvt. Lt ...
Court: Delhi
Decided on: Nov-05-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON:08. 10.2012 DECIDED ON:05. 11.2012 + ITA 776/2011 THE COMMISSIONER OF INCOME TAX DELHI-II ..... Appellant Through: Sh. Sanjeev Sabharwal, Sr. Standing Counsel with Sh. Puneet Gupta, Jr. Standing Counsel and Ms. Gayatri, Advocate. versus KHOOBSURAT RESORTS PVT. LTD. ..... Respondent Through: Sh. Vivek Kohli with Sh. Shwetank Tripathi, Advocates. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT % By this appeal the Revenue challenges an order of the Income Tax Appellate Tribunal (ITAT) dated 12.11.2010 in ITA 3244/Del/2010. The question of law sought to be urged is the correctness of the impugned order in (i) upholding the deletion of Rs.12,22,000/-, which had been directed to be added back to the income of the assessee, by the A.O. on account of difference between the circle rate and the purchase price of immoveable properties, declared by the assessee, and ITA 776/2011 Page 1 (ii) the direction...
Manish Sinha Vs. Suruchi
Court: Delhi
Decided on: Nov-05-2012
$~ 49 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:5. h November, 2012 + CM(M). 1190/2012 MANISH SINHA Through ..... Petitioner Mr.Tarkeshwar Nath, Advocate versus SURUCHI ..... Respondent Through None CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) CM. No.18679/2012 Exemption allowed, subject to all just exceptions. Application stands disposed of. CM(M). 1190/2012 1. The parties who are the husband and wife are litigating for the custody of their minor child Master Mitr. As per the interim arrangement, Master Mitr is staying with the Respondent mother. The Petitioner gets custody of the child on every 2nd and 4th Saturday of the month and the Petitioner returns the child to the Respondent mother on 2nd and 4th Sundays.2. An Application was moved by the Petitioner to have the interim custody of the child from 23.10.2012 to 28.10.2012 at the time of Dussehra and then from 10.11.2012 to 18.11.2012 at the time of Diwali. The learned Additional District ...
Subhash Vs. State
Court: Delhi
Decided on: Nov-05-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + Criminal Appeal 584/2012 % Date of Decision: November 5, 2012 SUBHASH Through ....Appellant Mr. A.J.Bhambhani with Ms. Nisha Bhambhani, Ms. Bhavita Modi & Ms. Lakshita Sethi, Advocates. Versus STATE Through Respondent Ms. Richa Kapoor, APP CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE S. P. GARG SANJIV KHANNA, J.(ORAL) The appellant, Subhash, by the impugned judgment dated 15th November, 2011 has been convicted under Section 302 of the Indian Penal Code, 1860 (IPC, for short) for the murder of Nirmala; under Sections 452 and 324 IPC for committing house trespass and simple injuries to Sarita, Nita and Aache Lal. By the order of sentence dated 15th November, 2011, he has been sentenced to life imprisonment for the offence of murder and further sentenced to pay a fine of Rs.50,000/-, in default thereof to undergo simple imprisonment for a period of two years. For the offence under Section 324 IPC, he has been sentenced to rigorous...
M/S. Gail India Limited Vs. the Joint Commissioner of Income Tax
Court: Delhi
Decided on: Nov-05-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :30. 10.2012 PRONOUNCED ON:05. 11.2012 + ITA 956/2011 AND ITA 957/2011 M/S. GAIL INDIA LIMITED ..... Appellant Through: Sh. Ajay Vohra, Ms. Kavita Jha, Sh. Amit Sachdeva and Sh. Vaibhav Kulkarni, Advocates. versus THE JOINT COMMISSIONER OF INCOME TAX ..... Respondent Through: Sh. Sanjeev Sabharwal, Sr. Standing Counsel with Ms. Gayatri Verma and Sh. Puneet Gupta, Advocates. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT % 1. The assessee in these appeals questions an order of the Income Tax Appellate Tribunal (ITAT) dated 22.01.2010 in ITA Nos.1372/Del/2001 and 1724/Del/2002 in respect of two assessment years. The questions of law were framed by Court in its order dated 11.08.2011 : Questions of law from order dated 11.08.2011 (i) Whether in view of the fact that in the earlier year the Tribunal had restored the issue relating to deduction of amortization of lease premium to the Assessing Off...
Commissioner of Customs Vs. Ashok Kumar JaIn and anr.
Court: Delhi
Decided on: Nov-05-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON:05. 11.2012 + WP (C) 10449/2009 & CM No.9147/2009 (Stay) COMMISSIONER OF CUSTOMS ..... Appellant Through: Mr. Mukesh Anand, Advocate. versus ASHOK KUMAR JAIN & ANR. ..... Respondents Through: Mr. Piyush Kumar & Ms. Shikha Sapra, Advocates. WP (C) 6746/2012 & 17698/2012 &17699/2012 (Stay) ASHOK KUMAR JAIN ..... Appellant Through: Mr. Sumit Bansal with Mr. Jeetendra Singh and Mr. Vineet Trehan, Advocates. Versus COMMISSIONER OF CUSTOMS (I & G) AND ANR. ..... Respondents Through: Mr. Pramod Bahuguna, Advocate. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) % 1. The Commissioner of Customs, in WP(C) No.10449/2012 seeks a direction for quashing of an order of the Customs and Central Excise Settlement Commission dated 6th may, 2009, in respect of an application filed by the first respondent (hereinafter referred to as the applicant). In the second writ petition being WP(C) No.6746/2012,...
Mercer India Private Ltd. Vs. Mercer Consulting (India) Private Limite ...
Court: Delhi
Decided on: Nov-05-2012
$~A34 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Judgment:05.11.2012 CO. APPL. (M) NO.175 OF 201.MERCER INDIA PRIVATE LTD. Transferor Company With MERCER CONSULTING (INDIA) PRIVATE LIMITED Transferee Company Through: Ms. Abhishek Seth and Mr.Rahul Raj, Advocates CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.(Oral) 1. This is a first motion application under Sections 391 to 394 of the Companies Act, 1956 filed by Mercer Consulting (India) Private Limited (hereinafter referred to as Applicant Transferee Company) in respect of a Scheme of Amalgamation (Scheme for short) between Mercer India Private Ltd. (Transferor Company) and the Applicant Transferee Company, as per the Scheme Mercer India Private Limited (Transferor Company) is proposed to be merged with the Applicant Transferee Company, a copy of the proposed scheme is enclosed as Annexure E to the present application.2. Registered office of the Applicant Transferee Company is situated in Delhi within the juri...
Commissioner of Income Tax Delhi-vi Vs. Usha International Ltd.
Court: Delhi
Decided on: Nov-05-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:12. h September, 2012 Date of Decision:5. h November, 2012 % + ITA 1696/2006 COMMISSIONER OF INCOME TAX DELHI-VI .....Appellant Through: Ms. Suruchi Aggarwal, Sr. Standing Counsel. Versus USHA INTERNATIONAL LTD. Through: ......Respondent Mr. S. K. Aggarwal, Advocate. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR R.V. EASWAR, J.: On 07.03.2007, the following substantial question of law was framed under Section 260A of the Income Tax Act, 1961 (Act, for short): Whether the Income Tax Appellate Tribunal was correct in law in deleting the penalty imposed on the Assessee under Section 27(1)(c) of the Income Tax Act, 1961? 2. The assessee, which is the appellant, is a public limited company. It filed a return of income for the assessment year 1983-84 on 20.06.1983 declaring an income of `80,52,020/-. A revised return was filed on 05.12.1983 declaring income of `90,50,770/-. Another revised return was filed on 05.03.1985 decl...
Roshan Lal and ors. Vs. Union of India and ors.
Court: Delhi
Decided on: Nov-05-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: October 11, 2012 Pronounced on: November 05, 2012 + (i) W.P.(C) No. 5175/1998 & CM No. 14513/2010 GURDAS RAM & ORS. ..... Petitioner Through: Mr. M.K. Singh, Advocate for petitioners No.1, 3, 4 & 6 Mr. G.K. Sharma, Advocate for petitioners no.2 and 5. versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Joydeep Mazumdar, Mr.Rohit Dutta, Ms. Soumya Dutta, & Ms.Samina Sheikh, Advocates for respondents No. 1 to 3. Mr. Saurav Aggarwal, Advocate for R-4/IRCTC + (ii) W.P.(C) No.4566/2001 ROSHAN LAL & ORS. ..... Petitioners Through: Mr. K.C. Mittal & Ms. Anjali Nehra, Advocates versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Joydeep Mazumdar, Mr.Rohit Dutta, Ms. Soumya Dutta, & Ms.Samina Sheikh, Advocates for respondent - Northern Railways + (iii) W.P.(C) No.2502/2003 ALL INDIA VENDORS ASSOCIATION ... Petitioner Through: Mr. Manoj Saxena & Mr. Shwetank Sailakwal, Advocates versus UNION OF INDIA & ORS. ..... Respondents ...
Neha Monga Vs. State and ors.
Court: Delhi
Decided on: Nov-05-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % CRL. REV. P. NO. 378/2010 Date of Decision:5. h November, 2012 + # ! NEHA MONGA ....Petitioner Through: Mr. Vivek Sood, Advocate Versus $ STATE & ORS. Respondents Through: Mr. M.N. Dudeja, APP for the State with ASI Rishali Yadav PS Tilak Nagar Ms. Rebecca M. John, Mr. Kushdeep Gaur & Mr. Abhishek Batra, Advocates for R-5 WITH % # ! CRL. REV. P. NO. 402/2010 MAMTA AGGARWAL & ANR. ....Petitioners Through: Mr. Vinod Kumar, Advocate Versus $ STATE Respondent Through: Mr. M.N. Dudeja, APP WITH % # ! CRL. REV. P. NO. 660/2010 POOJA GUPTA & ANR. ....Petitioners Through: Mr. P.S. Goindi, Advocate Versus $ Respondent Through: Mr. M.N. Dudeja, APP STATE AND % CRL. REV. P. NO. 332/2011 # ! GOVT. OF NCT OF DELHI ....Petitioner Through: Mr. M.N. Dudeja, APP Versus $ * ASHWANI AGGARWAL & ORS. Respondents Through: Ms. Rebecca M. John, Mr. Kushdeep Gaur & Mr. Abhishek Batra, Advocates for R-4 CORAM: HON'BLE MR. JUSTICE P.K.BHASIN ORDER P.K.BHASIN, J: These ...
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