Month: November 2000

Delhi H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in annulling the assessments as the same were not made in accordance with laws as provided under section 19A read with s. 3 of the WT Act, 1957 ?

High Court Of Delhi Commissioner Of Wealth Tax vs. Dr. S.D. Suri Section WT 19A Arijit Pasayat, C.J. & D.K. Jain, J. WT Ref. Nos. 168 & 169 of 1983 29th November, 2000 Counsel Appeared R.C. Pandey with Ms. Prem Lata Bansal, for the Revenue : None, for the Assessee JUDGMENT ARIJIT PASAYAT, C.J. : Since …

Delhi H.C : Whether, on the facts and in the circumstances of the case, the interest of Rs. 73,449 paid by the assessee can be said to be the capital expenditure not deductible in the computation of the assessee’s business ?

High Court Of Delhi CIT vs. Sharpedge Ltd. Sections 37(1) Asst. Year 1971-72 Arijit Pasayat, C.J. & D.K. Jain, J. IT Ref. No. 161 of 1980 29th November, 2000 Counsel Appeared Ajay Jha, for the Petitioner : Sajan Narain, for the Respondent JUDGMENT ARIJIT PASAYAT, C.J. : Pursuant to the direction given by this Court, following …

Delhi H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the amounts of salaries due to the directors of the company, but not paid to them and utilised by the company for the purposes of its business constituted capital borrowed for the purposes of its business, within the meaning of s. 36(1)(iii) of the IT Act, 1961 ?

High Court Of Delhi CIT vs. Saraswati Chemicals & Allied Industries (P) Ltd. Sections 36(1)(iii) Asst. years 1974-75, 1975-76 Arijit Pasayat, C.J. & D.K. Jain, J. IT Ref. Nos. 279 & 280 of 1979 29th November, 2000 Counsel Appeared R.C. Pandey & Ajay Jha, for the Petitioner: None, for the RespondentJUDGMENT ARIJIT PASAYAT, C.J. : These …

Delhi H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in annulling the assessments as the same were not made in accordance with laws as provided under section 19A read with s. 3 of the WT Act, 1957 ?

High Court Of Delhi Commissioner Of Wealth Tax vs. Dr. S.D. Suri Section WT 19A Arijit Pasayat, C.J. & D.K. Jain, J. WT Ref. Nos. 168 & 169 of 1983 29th November, 2000 Counsel Appeared R.C. Pandey with Ms. Prem Lata Bansal, for the Revenue : None, for the Assessee JUDGMENT ARIJIT PASAYAT, C.J. : Since …

Delhi H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the amounts of salaries due to the directors of the company, but not paid to them and utilised by the company for the purposes of its business constituted capital borrowed for the purposes of its business, within the meaning of s. 36(1)(iii) of the IT Act, 1961 ?

High Court Of Delhi CIT vs. Saraswati Chemicals & Allied Industries (P) Ltd. Sections 36(1)(iii) Asst. years 1974-75, 1975-76 Arijit Pasayat, C.J. & D.K. Jain, J. IT Ref. Nos. 279 & 280 of 1979 29th November, 2000 Counsel Appeared R.C. Pandey & Ajay Jha, for the Petitioner: None, for the RespondentJUDGMENT ARIJIT PASAYAT, C.J. : These …

Allahabad H.C : This writ petition has been filed praying for quashing of the order, dt. 7th Sept., 1998 (Annexure 7 to the petition), and the demand notice dt. 30th March, 1995 (Annexure 4 to the petition), in respect of interest under ss. 234A and 234B of the IT Act, 1961, and for a mandamus restraining the respondents from realising interest under those sections.

High Court Of Allahabad Buland Motor & Land Finance (P) Ltd. vs. Assistant Commissioner of Income Tax & Ors. Sections 234A & 234B Asst. year 1990-91 M. Katju & Onkareshwar Bhatt, JJ. Civil Misc. Writ Petn. No. 419 of 1998 28th November, 2000 Counsel Appeared Vipin Kumar, Ram Niwas Singh & V.B. Upadhyaya, for the Petitioner …

S.C : Whether, on the facts and in the circumstances of the case and on an interpretation of the relevant provisions of the IT Act, the assessee is entitled to exemption at 25 per cent on Rs. 2,57,376 or only on Rs. 87,010 ?

Supreme Court Of India CIT vs. Programme For Community Organisation Section 11(1)(a) Asst. Year 1978-79 S.P. Bharucha & Mrs. Ruma Pal, JJ. Civil Appeal No. 2658 of 1998 28th November, 2000 ORDER By the court : The questions that were referred to the High Court for consideration, at the instance of the Revenue, read thus: “(1) …
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