Month: December 1999

Gujarat H.C : Whether on the facts and circumstances of the case, the Tribunal was right in law in holding that the contribution paid as per the provisions of s. 69 of the Gujarat Rajya Co-operative Societies Act, 1961, is not deductible in computation of total income ?

High Court Of Gujarat Mahesana District Co-Operative Milk Producers Union Ltd. vs. CIT Sections 32(1), 37(1), 43(1), 80J Asst. Year 1976-77, 1978-79 B.C. Patel & K.M. Mehta, JJ. IT Ref. No. 290 of 1984 24th December, 1999 Counsel Appeared J.P. Shah, for the Petitioner : Manish R. Bhatt, for the Respondent JUDGMENT BY THE COURT : …

Madras H.C : All appeals are preferred by the ITO, Coimbatore, against the order of acquittal passed by the learned Judicial Magistrate No. I, Coimbatore. The first accused is Sakhti Finance Ltd., represented by N.K. Pai.

High Court Of Madras Income Tax Officer vs. Sakhti Finance Ltd. Sections 276DD, 276E, 278AA, General Clauses Act, 1897, s. 6 V. Bakthavatsalu, J. Crl. Appeal Nos. 249 to 267, 269 to 277 & 279 to 288 of 1990 23rd December, 1999 Counsel Appeared T. Sivanandan, for the Applicant : M. Ravindran, for the Respondents JUDGMENT …

Madras H.C : The respondent in the writ petition, CIT, is the appellant. The respondent herein submitted a declaration under the Voluntary Disclosure of Income Scheme, 1997. The said scheme came into force on 1st July, 1997, and the last date for submitting the declaration was 31st Dec., 1997.

High Court Of Madras CIT vs. E. Prahalatha Babu Sections 1997FA 67, Art. 226 K.G. Balakrishnan, C.J. & K.P. Sivasubramaniam, J. Writ Appeal No. 2460 of 1999 & CMP No. 20707 of 1999 23rd December, 1999 Counsel Appeared Mrs. Chitra Venkatraman for C.V. Rajan, for the Appellant : P.P.S. Janarthana Raja, for the Respondent JUDGMENT K.G. …

Madras H.C : A search was conducted in the residential premises of Shri C.A. Abraham (SR) on 14th Dec., 1995. During the course of search, the officials had seized certain indiscriminating documents revealing the investments made by him in movable and immovable properties.

High Court Of Madras C.A. Abraham vs. Assistant Commissioner Of Income Tax Section 245D K. Govindarajan, J. Writ Petn. Nos. 15853, 17150, 17151, 17160, 17462, 18472, 18558, 18751, 18756, 18757, 18764 & 18932 of 1999 and Writ Misc. Petn. Nos. 24859, 24860, 24869, 25371, 25372, 26993, 26994, 27108, 27109, 27397, 27398, 27406, 27408, 27414, 27415, 27688 …

Gujarat H.C : Whether, on the facts and in the circumstances of the case and in law the Tribunal was right in coming to the conclusion that the payment made towards royalty to the collaborators was an allowable revenue expenditure ?

High Court Of Gujarat CIT vs. Power Build Limited Section 37(1) Asst. Year 1979-80 B.C. Patel & K.M.Mehta, JJ. IT Ref. No. 334 of 1984 20th December, 1999 Counsel Appeared Manish R. Bhatt, for the Petitioner : None, for the Respondent JUDGMENT B.C. PATEL, J. : At the instance of CIT, Baroda, reference is made by …

Kerala H.C : Whether, on the facts and in the circumstances of the case, on account of incorporation of s. 145 of the IT Act, 1961 w.e.f. 1st Oct., 1991, in s. 21 of the Interest-tax Act, 1974 and the overriding effect of s. 21 over s. 5, by which the interest-tax has to be levied only on the interest income computed, based on the method of accounting regularly employed by the assessee, the Tribunal was correct in law in concluding that the AO has rightly made the computation of the interest on accrual basis, rejecting the cash system of accounting accepted for the assessment under the IT Act, 1961?

High Court Of Kerala Kerala State Industrial Development Corporation Ltd. vs. CIT Sections 5, 145, INT 4, INT 5, INT 21 Asst. Year 1993-94 Arijit Pasayat, C.J. & K.S. Radhakrishnan, J. IT Ref. No. 250 of 1997 18th December, 1999 Counsel Appeared Vinod Chandran & George Mathan, for the Applicant : P.K.R. Menon & N.R.K. Nair, …

Kerala H.C : Whether, on the facts and in the circumstances of the case, the order of imposition of penalty by the IAC was invalid and without jurisdiction?

High Court Of Kerala (Full Bench) CIT vs. M.A. Unneerikutty Sections 256, 271(1)(c), 274(2) Asst. Year 1972-73 Arijit Pasayat, C.J.; Mrs. K.K. Usha & K.S. Radhakrishnan, JJ. IT Ref. No. 24 of 1995 18th December, 1999 Counsel Appeared P.K.R. Menon & N.R.K. Nair, for the Applicant : P.G.K. Wariyar, for the Respondent JUDGMENT ARIJIT PASAYAT, C.J. …

Allahabad H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the interest on the amount of Rs. 2,80,000 at the same rate at which interest was paid by the assessee-company on the loans taken by it cannot be allowed as a deduction in working out the business income of the assessee-company ?

High Court Of Allahabad Saraya Sugar Mills (P) Ltd. vs. CIT M.C. Agarwal & B.K. Sharma, JJ. IT Ref. No. 255 of 1982 15th December, 1999 Counsel Appeared Shambhu Chopra, for the Assessee : A.N. Mahajan, for the RevenueJUDGMENT BY THE COURT : At the instance of the assessee, the Tribunal, Allahabad, has referred the followed …

Patna H.C : The petitioner has challenged the order dt. 25th Feb., 1999, passed by the CIT, Ranchi, Camp-Jamshedpur (respondent No. 1), rejecting the decision under the scheme on the ground that the petition filed before the Tribunal under s. 254(2)

High Court Of Patna : Ranchi Bench Md. Ali Khan vs. Commissioner Of Income Tax & Anr. Sections 245, 254(2), FA 95(i)(c) Asst. years 1984-85, 1995-96 Nagendra Rai & A.K. Sinha, JJ. CWJC No. 3317 of 1999 15th December, 1999 Counsel Appeared D.V. Pathy, A. Singh & S.N. Prasad, for the Petitioners : K.K. Jhunjhunwala, for …
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