Hindu Law -- Joint Family Property - Partition - Plaintiff failed to prove that there is Hindu Undivided Family - No evidence on record that agricultural lands were owned by grandfather or brother of grandfather of plaintiff - Various parts of lands were transferred to various other persons and these transfers were not challenged by plaintiff at relevant time - Plaintiffs..........
Income Tax Act, 1961, Section 147 -- Undisclosed income - Assessment - During assessment proceedings, assessee will have right to place material on record to show that transaction in question was a genuine transaction - Mere change of opinion of assessing officer is not a sufficient to meet the standard of `reason to believe' - Material disclosed in assessment proceedings..........
Income Tax Act, 1961, Section 147 -- Undisclosed income - Assessment - Failure on part of assessee to make a full and true disclosure - Assessing officer was aware of entities which had subscribed to the convertible bonds - Assessing officer had knowledge of addresses and the consideration paid by each of the bond holders as is apparent from assessment orders - Assessee..........
Income Tax Act, 1961, Section 147 -- Undisclosed income - Assessment - Limitation - Availability of limitation period would be 16 years since the assessee has derived income from a foreign entity - Notice - There is nothing in the reasons to indicate that the revenue was intending to apply the extended period of 16 years - Assessee must be put to notice of all the..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Relevant consideration for award of interim maintenance is inability of spouse to maintain himself or herself for want of independent income or inadequacy of income to maintain at the level of social status of other spouse...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Husband has handsome earning and reasonably good financial position - He concealed material facts from Court while disclosing his annual income - Wife on the other hand has responsibility to maintain herself and two minor children with no adequate source of income of her own - Considering income of husband..........
Income Tax Act, 1961, Section 143(1A) -- Demand of additional tax - S.143(1-A) of the Act, can only be invoked when lesser amount stated in return filed by assessee is a result of an attempt to evade tax lawfully payable by assessee - Claim of 100% depreciation by assessee, 25% of which was disallowed was not with intend to evade tax - Provision of S.143(1-A) of the Act,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.3,75,000/- - Source of income - Amount advanced to accused as loan was already kept in the house of complainant for the purpose of building construction - Complainant had thus requisite funds also for advancing loan to accused - Moreover presumption of consideration not rebutted by accused in..........
Family Courts Act, 1984, Section 7 -- Suit for recovery of gold ornaments, money and maintenance - Inconsistencies in version of witnesses on behalf of husband and thus, defence of husband is thoroughly defeated - Entrustment alone was denied by husband and misappropriation pleaded and deposed was not denied specifically by husband - Version of wife that 25 sovereign of..........
Income Tax Act, 1961, Rule 2, 16 -- Sch.II - Loan - Recovery of dues - Attachment of property by Income Tax department - Recovery proceedings initiated against respondent by Bank for non-payment of loan amount - Property was attached prior to issuance of notice by Income Tax Officer - Sale of property though conducted after issuance of notice as well attachment order..........
