Month: March 1999

Madras H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee is entitled for weighted deduction under s. 35B(1)(b)(iv) of the Act in the respect of the expenditure on payment of commission outside India treating the expenditure as one on ‘maintenance’ of agency outside India ?

High Court Of Madras CIT vs. Southern Sulphates & Chemicals (P) Ltd. Section 35B(1)(b)(iv) Asst. Year 1982-83 R. Jayasimha Babu & Mrs. A. Subbulakshmy, JJ. Tax Case No. 601 of 1989 25th March, 1999 Counsel Appeared S.V. Subramanian, for the Applicant : None, for the Respondent JUDGMENT R. JAYASIMHA BABU, J. : The question referred to …

Madras H.C : Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the donations of Rs. 7,26,000 made by the assessee to other institutions would tantamount to application of income for charitable purposes, thus, satisfying the requirements of s. 11 ?

High Court Of Madras CIT vs. Shri Aurobindo Memorial Fund Society Sections 11(1)(a), 11(1A) Asst. Year 1984-85 R. Jayasimha Babu & Mrs. A. Subbulakshmy, JJ. TC Nos. 849 & 850 of 1990 25th March, 1999 Counsel Appeared C.V. Rajan, for the Applicant : P.S. Janarthana Raja, for the Respondent JUDGMENT MRS. A. SUBBULAKSHMY, J. : At …

S.C : The precise question to be answered, as formulated in the judgment and order under appeal [H.M.T. Bearings Ltd. vs. CIT (1988) 73 CTR (AP) 243 : (1988) 173 ITR 597 (AP)], is whether a return filed and accepted in pursuance of an order made under s. 146

Supreme Court Of India CIT vs. H.M.T. Bearings Ltd. Sections 80, 139, 146 S.P. Bharucha & R.C. Lahoti, JJ. Civil Appeal No. 7827 of 1995 23rd March, 1999 Counsel Appeared J. Ramamurthi with M.R. Shah & B.K. Prasad, for the Appellant : M.S. Syali, Satyen Sethi, Arun Kathpalia & R.P. Dave, for the Respondent ORDER By …

Jammu & Kashmir H.C : Whether the Revenue was within its rights to levy interest in terms of s. 6 or there is immunity from payment of interest when disclosure of income is made in terms of s. 14.

High Court Of Jammu & Kashmir A.K. Soni vs. CIT Sections WT 6, WT 14 T.S. Doabia & M.Y. Kawoosa, JJ. Original Writ Petn. Nos. 337, 338 & 378 to 382 of 1982 22nd March, 1999 Counsel Appeared J.M. Gupta & M.M. Gupta, for the Applicant : D.S. Thakur, for the Respondent JUDGMENT BY THE COURT …

Punjab & Haryana H.C : Whether, on the facts and in the circumstances of the case, the Hon’ble Tribunal was right in law in deleting the disallowance/ adjustment of Rs. 48,834 out of additional conveyance allowance by holding that this adjustment was not permissible under s. 143(1)(a)?

High Court Of Punjab & Haryana CIT vs. L.D. Satija Sections 143(1)(a), 256(2) Jawahar Lal Gupta & N.K. Agrawal, JJ. ITC No. 21 of 1998 20th March, 1999  Counsel Appeared R.P. Sawhney with Rajesh Bindal, for the Petitioner : Sanjay Bansal, for the Respondent JUDGMENT Jawahar Lal Gupta, J. : CIT submitted an application under s. …

S.C : Whether the Tribunal is right in law and on facts in directing the AO to allow the claim of the assessee in respect of unpaid sales-tax if the same was covered by the specific scheme of the Gujarat Government whereby the deferred payment scheme was converted into interest-free loan particularly when the provisions of s. 43B are retrospective in operation ?

Supreme Court Of India CIT vs. Gujarat Polycrete (P) Ltd. Sections 256(2) S.P. Bharucha & R.C. Lahoti, JJ. Civil Appeal Nos. 6181 to 84 of 1995 17th March, 1999 Counsel AppearedT.L.V. Iyer with Rajiv Nanda for B.K. Prasad, for the Appellant : None, for the Respondent ORDER BY THE COURT : The High Court declined to …
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