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31.07.2012 - Voice of CA Presents - Updates
Tuesday, July 31, 2012


Date of return filling u/s 139(1) is extended by one month i.e. from 31stJuly, 2012 to 31st August 2012 vide Notification no. F.No. 225/163/2012/ITA.II.

 I.  Whats New: 

 II.  Useful Case laws:

1.   Registrar of Companies & Ors Vs. Dharmendra Kumar Garg & Anr, W.P.(C) 11271/2009, Judgment delivered on: 01.06.2012, High court of Delhi

RTI Act does not override the Companies Act

Section 4(1)(b)(xv) of RTI Act obliges every public authority to publish on its own, “the particular of facilities available to citizen for obtaining information……”. Section 4(2) of the RTI Act itself postulates that in respect of information provided by the public authority suo moto, there should be minimum resort to use of the RTI Act to obtain information. Hence, for anything which has been provided suo motu under the RTI Act, an application cannot be filed.

Section 610 of Companies Act, and the rules framed there under provide the facility to any person for obtaining information from ROC. Therefore, there is nothing inconsistent between the scheme provided u/s 610 of Companies Act and provision of the RTI Act. Merely because a different charges is collected for providing information under section 610 of Companies Act than that prescribed as the RTI Act does not lead to an inconsistency in the provisions of these enactments.

The provisions of RTI Act would not override the provision contained in section 610 of Companies Act as the RTI Act is general law which deals with right of citizen to access information available with a public authority, while section 610 of Companies Act is a piece of special legislation, which deals specifically with the right of any persons to inspect and obtain records.

(Please click here for judgment)


2.   ACIT Vs. Smt. Sangeeta Wij, ITA No. 4274(Del)2011, Dated: 25.05.2012, ITAT- Delhi


Whether amount of compensation received for not carrying on any business activity in relation to the business is chargeable as income under the head ‘profits and gains of business as per the provisions of section 28(va)  or  it is capital asset, taxable u/s 55 (2)(a) of the Act.


By applying the judgment of “CIT Vs Media World Publications Pvt. Ltd.”, 337 ITR 178(Del) held that the right to carry on any business has been recognized by the Legislature as a capital asset, taxable u/s 55 (2)(a) of the Act and not taxable u/s 28(va) thereof.

(Please click here for judgment)


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