Uttaranchal Court June 2009 Judgments
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Jhagaru S/O. Vishwanath Vs. State
Court: Uttaranchal
Decided on: Jun-29-2009
Reported in: 2009CriLJ3913
Prafulla C. Pant, J.1. This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (herein after referred as Cr.P.C.), is directed against the judgment and order dated 11.09.1996, passed by learned IInd Additional Sessions Judge, Nainital, in Sessions Trial No. 229 of 1995, whereby accused/appellant Jhagaru, is convicted under Section 302 of Indian Penal Code, 1860 (herein after referred as I.P.C.), and sentenced to imprisonment for life.2. Heard learned Counsel for the parties and perused the lower court record.3. Prosecution story in brief is that accused/appellant Jhagaru, had enmity with Arjun Prasad (deceased) due to election rivalry of Village Pradhan. On 27.01.1995, at about 7:00 p.m., when Arjun Prasad (deceased) was returning from a floor mill, in Village Khilariya, accused/appellant Jhagaru, armed with a sharp edged weapon with his father accused Vishwanath and associate Rajesh Kumar, both armed with lathi, surrounded him (Arjun Prasad). They dragged him and ...
The Commissioner of Income Tax and Vs. Tehri Hydro Development Corpora ...
Court: Uttaranchal
Decided on: Jun-26-2009
Reported in: [2009]183TAXMAN246(NULL)
Prafulla C. Pant, J.1. All these three appeals involve same questions of law, as such taken up together and are being disposed of by this common judgment. I.T.A. No. 36 of 2007, is directed against the order dated 7th April 2006, passed by Income Tax Appellate Tribunal (for short I.T.A.T.), Delhi Bench 'A', New Delhi, in I.T.A. No. 4346/Del/2002 (Assessment Year 2000-2001). I.T.A. No. 84 of 2007, is directed against the order dated 30th November 2006, passed by I.T.A.T., Delhi Bench 'F', New Delhi, in I.T.A. No. 2685/Del/2003 (Assessment Year 2001-2002). And, I.T.A. No. 85 of 2007, is directed against the order dated 30th November 2006, passed by I.T.A.T., Delhi Bench 'F', New Delhi, in I.T.A. No. 3369/Del/2003 (Assessment Year 2001-2002).2. The common questions of law involved in these three appeals are as under:(i) Whether I.T.A.T. has erred in law in deleting addition of 2.5% on income earned by way of interest by the respondent / assessee Tehri Hydro Development Corporation (for sh...
Daulat Ram (Deceased by L.Rs.) and anr. Vs. Gopal Krishna Balodi and o ...
Court: Uttaranchal
Decided on: Jun-17-2009
Reported in: AIR2010Utr9
ORDERPrafulla C. Pant, J.1. This appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against the judgment and order dated 20-12-1994, passed by District Judge, Pauri Garhwal, in civil appeal No. 8 of 1994, whereby judgment and decree dated 12-7-1994, passed by the trial Court (Munsif, Kotdwar) in suit No. 52 of 1992, decreeing the suit for prohibitory injunction, is affirmed.2. Heard learned Counsel for the parties and perused the lower Court record.3. Factual matrix of the case is that plaintiffs/respondents Gopal Krishna Balodi, Basant Kishor and Santosh Kishor, instituted suit No. 52 of 1992, against the defendants Daulat Ram (since deceased) and Navin Kumar for permanent injunction, restraining them from interfering in the possession of the plaintiffs over the land detailed at the foot of the plaint. The plaintiffs (present respondents), pleaded in the plaint that land of khata khasra No. 40, situated in village Sukharo, Kotdwar, was entered in the nam...
Commissioner of Income Tax Vs. National Institute of Aeronautical Engi ...
Court: Uttaranchal
Decided on: Jun-12-2009
Reported in: [2009]181TAXMAN205(NULL)
Prafulla C. Pant, J.1. This appeal, preferred under Section 260-A of Income Tax Act, 1961 (herein after referred as the Act), is directed against the order dated 12.08.2005, passed by Income Tax Appellate Tribunal, Delhi Bench 'D' New Delhi, whereby ITA No. 4278/Del/2004, preferred by the assessee/respondent-National Institute of Aeronautical Engineering Educational Society, was allowed against the order dated 14.09.2004, passed by Commissioner of Income Tax, Dehradun, under Section 12AA(1)(b)(ii) of Income Tax Act, 1961. 2. Heard learned Counsel for the appellant. None appeared on behalf of the respondent/assessee even after being sufficiently served with the notices. Affidavit of service is on record. 3. Question of law involved in this appeal is as under: Whether the Income Tax Appellate Tribunal has erred in law in holding that assessee carried on activity for charitable purpose in terms of Section 2(15) and directing Commissioner of Income Tax to grant registration under Section 1...
The Commissioner of Income-tax and Additional Commissioner of Income-t ...
Court: Uttaranchal
Decided on: Jun-12-2009
Reported in: (2009)226CTR(Uttranchal)94; [2009]317ITR18(Uttaranchal); [2009]181TAXMAN262(NULL)
Prafulla C. Pant, J.1. In all these three appeals, preferred under Section 260-A of the Income Tax Act, 1961, common questions of law are involved, as such, the appeals are being taken up together, for their disposal. At the outset, it is pertinent to mention here, that Income Tax Appeal No. 91 of 2006 and Income Tax Appeal No. 98 of 2006, are being reheard and disposed of in compliance of order dated 13th of October 2008, passed by the Apex court in Civil Appeal No. 6105 of 2008 and Civil Appeal No. 3 6106 of 2008. The common questions of law involved in these appeals are as under:1) Whether, the assessee, a non-resident company, was entitled to claim deduction for expenses incurred by it between the period 1993-1999, particularly, when according to the Department there was no permanent establishment in existence in India during the relevant period?2. Whether, the Income Tax Appellate Tribunal has erred in law in holding that the expenses claimed by the assessee were allowable and con...
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