Month: September 1998

Gujarat H.C : Whether the Tribunal is right in law and on facts in confirming the order passed by the CIT(A) deleting the addition of Rs. 4,36,307 on account of bad debt observing that in view of the amended provisions of s. 36(1)(vii) the assessee is not required to establish that the debt had become bad?

High Court Of Gujarat CIT vs. Girish Bhagwat Prasad Sections 36(1)(vii), 256(2) R.K. Abichandani & A.R. Dave, JJ. IT Appln. No. 185 of 1998 28th September, 1998 Counsel Appeared Manish R. Bhatt, for the Petitioner : S.N. Soparkar, for the Respondent JUDGMENT R.K. Abichandani, J. : The Revenue has suggested for following question in para 4 …

Madras H.C : On 17th Sept., 1987, a search was conducted in the residential premises, at three business premises situated at Tuticorin and one business premise situated at Pavoor Chatram, Tirunelveli District, of the assessee under s. 132

High Court Of Madras C. Christopher vs. CIT & Anr. Section 273A Asst. Year 1984-85, 1985-86, 1986-87, 1987-88, 1988-89 R. Jayasimha Babu, J. Writ Petn. No. 14625 of 1994 & WMP No. 22074 of 1994 22nd September, 1998 Counsel Appeared Arvind P. Datar, for the Petitioner : Mrs. Chitra Venkataraman, for the Respondents JUDGMENT R. Jayasimha …

Madras H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the deed of settlement dt. 1st April, 1981, was a deed of transfer and not a deed of family settlement ?

High Court Of Madras K. Venugopal vs. CIT Section 64(1)(v) Asst. Year 1982-83 R. Jayasimha Babu & Mrs. A. Subbulakshmy, JJ. Tax Case No. 490 of 1989 21st September, 1998 Counsel Appeared Philip George, for the Applicant : C.V. Rajan, for the Respondent JUDGMENT MRS. A. SUBBULAKSHMY, J. : At the instance of the assessee, the …

Madras H.C : Whether the Tribunal was correct in law in holding that s. 80J(6A) are directory and not mandatory and hence the assessee is eligible for relief under s. 80J even though the audit report was not filed along with the return of income as required under s. 80J(6A)

High Court Of Madras CIT vs. Jayant Patel Section 80J(6A) Asst. Year 1979-80 R. Jayasimha Babu & Mrs. A. Subbulakshmy, JJ. Tax Case No. 1742 of 1986 21st September, 1998 Counsel Appeared R. Sivaraman, for the Applicant : None, for the Respondent ORDER R. JAYASIMHA BABU, J. : Sec. 80J(6A) of the IT Act requires the …

Madras H.C : The petitioner has challenged the rejection of the application filed by it before the CBDT for waiver of interest on the sum of Rs. 3,62,042 being the amount by which the first instalment of advance tax paid by it on 14th Sept., 1989, fell short of 20 per cent of the tax liability for the year.

High Court Of Madras Precot Mills Ltd. vs. Central Board Of Direct Taxes & Ors. Sections 119(2)(a), 234C R. Jayasimha Babu, J. Writ Petn. No. 14628 of 1994 & WMP No. 22078 of 1994 17th September, 1998 Counsel Appeared Srinath Sridevan, for the Petitioner : Mrs. Chitra Venkataraman, for the Respondents JUDGMENT R. Jayasimha Babu, J. …

Patna H.C : The dispute arises from the rectification of the so-called apparent mistake in the order passed under s. 143(3) in CWJC No. 493 of 1994(R), and intimation under s. 143(1)(a) in CWJC No. 762 of 1992(R) and CWJC No. 886 of 1992(R), made in purported exercise of power under s. 154 of the Act in the matter of allowance of depreciation on account of bottles and crates.

High Court Of Patna : Ranchi Bench Parikh Engineering & Body Building Co. Ltd. & Anr. vs. Union Of India & Ors. Sections 115J, 143(1)(a), 154 Asst. Year 1988-89, 1989-90, 1990-91 Sachchidanand Jha & Aftab Alam, JJ. CWJC Nos. 762 & 886 of 1992 & 493 of 1994 16th September, 1998 Counsel Appeared Dr. Debi Pal, …

Madras H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that a sum of Rs. 82,500 paid towards unexpired portion of the route permit was not a revenue expenditure ?

High Court Of Madras CIT vs. Kattabomman Transport Corporation Ltd. Section 2(38), 36(1)(iv), 37(1) Asst. Year 1976-77 R. Jayasimha Babu & Mrs. A. Subbulakshmy, JJ. Tax Case No. 779 of 1984 12th September, 1998 Counsel Appeared : C.V. Rajan, for the Revenue : R. Meenakshisundaram, for the Assessee JUDGMENT R. Jayasimha Babu, J. : There are …

Madras H.C : The question of allowability of deduction under s. 80U vis-a-vis earning capacity of the person has become rather controversial, especially with reference to cases decided by the Madras High Court.

High Court Of Madras D. Syed Amanullah vs. CIT Section 80U Asst. year 1980-81 R. Jayasimha Babu & Mrs. A. Subbulakshmy, JJ. TC No. 1676 of 1986 8th September, 1998 Counsel Appeared C.V. Rajan, for the Petitioner : None, for the Assessee EDITORIAL COMMENTS The question of allowability of deduction under s. 80U vis-a-vis earning capacity …

Madras H.C : The Tribunal has confirmed the order of the CIT(A) and held that the interest is to be levied only up to the date on which the books had been seized from the assessee and not for any period subsequent thereto as the books had been transferred from one ITO to another and the assessee was unable to secure the documents and copies of books required for filing his return after the seizure. T

High Court Of Madras CIT vs. Rajah Mills Pvt. Ltd. Section 254 Asst. Year 1980-81 R. Jayasimha Babu & Mrs. A. Subbulakshmy, JJ. Tax Case No. 1265 of 1986 7th September, 1998 Counsel Appeared Mrs. Chitra Venkataraman, for the Revenue : R. Janakiraman, for the Assessee JUDGMENT BY THE COURT : The Tribunal has confirmed the …

Madras H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee’s computation of business profits on the sale of lands at Nawab Gardens was proper ?

High Court Of Madras CIT vs. Ambadi Enterprises Ltd. Section 28(i) Asst. Year 1974-75, 1977-78 R. Jayasimha Babu & Mrs. A. Subbulakshmy, JJ. T.C. Nos. 1248 & 1249 of 1986 7th September, 1998 Counsel Appeared Mrs. Chitra Venkataraman, for the Revenue : R. Janakiraman, for the Assessee JUDGMENT BY THE COURT : These questions have been …
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