Month: March 2002

Calcutta H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the assessee had no right or claim over the amount of Rs. 18,32,426 brought in the books of account on 31st March, 1973 of the firm in which he was a partner till 31st March, 1972, when the amount in question, was earned by the firm prior to 31st March, 1972 ?

High Court Of Calcutta Commissioner Of Gift Tax vs. Surendra Paul Sections GT 2(viii), GT 2(ix), GT 2(xii), GT 4(1)(c) Asst. Year 1973-74 Ajoy Nath Ray & Maharaj Sinha, JJ. IT Ref. No. 3019 of 1992 27th March, 2002 JUDGMENT BY THE COURT : In respect of two different assessees the same two questions have come …

Gujarat H.C : Has the Tribunal committed an error in exercise of its jurisdiction in setting aside the appellate order of CIT(A) without taking into consideration the reasons for which that order was made ?

High Court Of Gujarat Mercury Metals (P) Ltd. vs. Assistant Commissioner Of Income Tax Sections 69, 254(1) Asst. Year 1990-91 R.K. Abichandani & Kundan Singh, JJ. Tax Appeal No. 143 of 2002 26th March, 2002 Counsel Appeared Mrs. Swati Soparkar, for the Appellant : B.B. Naik, for the Respondent JUDGMENT R.K. ABICHANDANI, J. : Admit. The …

Kerala H.C : Whether, on the facts and in the circumstances of the case, the Tribunal is right in law and facts in holding that the provisions of s. 45(4) have no application to the facts of the case and that the addition could not be sustained under that section ?

High Court Of Kerala CIT vs. Kunnamkulam Mill Board Sections 45(4) Asst. Year 1989-90 V.P. Mohan Kumar & K.K. Denesan, JJ. IT Appeal No. 65 of 1999 25th March, 2002 Counsel Appeared P.K. Ravindranatha Menon & George K. George, for the Appellant : P. Balachandran, for the Respondent JUDGMENT V.P. mohan KUMAR, J. : The assessee …

Kerala H.C : The assessee is a partnership firm carrying on business in the manufacture, of mill boards. For the asst. yr. 1989- 90, the firm filed the return declaring a loss of Rs. 5,33,120.

High Court Of Kerala CIT vs. Kunnamkulam Mill Board Sections 45(4) Asst. Year 1989-90 V.P. Mohan Kumar & K.K. Denesan, JJ. IT Appeal No. 65 of 1999 25th March, 2002 Counsel Appeared P.K. Ravindranatha Menon & George K. George, for the Appellant : P. Balachandran, for the Respondent JUDGMENT V.P. Mohan Kumar, J. : The assessee …

Bombay H.C : This Chamber Summons is taken out by the respondents, the Food Corporation of India against whom an award was passed by the arbitrator on 21st Jan., 1996.

High Court Of Bombay Islamic Investment Co. vs. Union Of India Section 195 S.A. Bobde, J. Chamber Summons No. 84 of 2002 22nd March, 2002 Counsel Appeared P.V. Shah, for the Petitioner : R.V. Desai & A.D. Kango, for the Respondent JUDGMENT S.A. BOBDE, J.: This Chamber Summons is taken out by the respondents, the Food …

Gujarat H.C : Whether, on the facts and in the circumstances of the case, the Tribunal rightly came to the conclusion that at the time of the death of the deceased Shri Karansinhji Fatehsinhji of Sagbara, no property passed which was part of the ‘Sagbara Estate’ and consequently on estate duty in respect thereof was payable ?

High Court Of Gujarat Controller Of Estate Duty vs. Pratapsinhji Ramsinhji Sections ED 5, ED 6 R.K. Abichandani & Kundan Singh, JJ. ED Ref. No. 4 of 1987 22nd March, 2002 Counsel Appeared B.B. Naik, for the Revenue : S.N. Soparkar with Mrs. Swati Soparkar and M.K. Kaji, for the Respondent JUDGMENT R.K. ABICHANDANI, J. : …

S.C : Whether, on the facts and in the circumstances of the case and correct interpretation of the provisions of the Bombay ST Act, 1959, as amended by Maharashtra Act No. 9 of 1989, dispensing with the profit motive’ from the concept of the ‘business’, was the Tribunal justified in holding that the respondent is not a ‘dealer qua its activities’ of publication and sale of books, booklets and allied publications including photos and stickers?

Supreme Court Of India Commissioner Of Sales Tax vs. Sai Publication Fund Sections Bom ST 2(5A), Bom ST 2(11), Bom ST 3, Bom ST 52(1)(a) Shivaraj V. Patil & Bisheshwar Prasad Singh, JJ. Civil Appeal Nos. 9445 of 1996 & 1716 of 1999 22nd March, 2002 Counsel Appeared S.K. Dhokakia & S.V. Deshpande, for the Appellant …

Delhi H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in confirming the order of the CIT(A) in annulling the reassessments for the asst. yrs. 1961-62 to 1969-70 framed by the ITO under s. 147(a) of the IT Act, 1961, for bringing to tax as income of the assessee-company under the head “income from house property”, in terms of the enhanced compensation in pursuance of the order of the AAC for the asst. yr. 1974-75 ?

High Court Of Delhi CIT vs. Banwarilal & Sons (P) Ltd. Sections 147(a), 149, 150 Asst. Year 1961-62, 1962-63, 1963-64, 1964-65, 1965-66, 1966-67, 1967-68, 1968-69, 1969-70 S.B. Sinha, C.J. & A.K. Sikri, J. IT Ref. Nos. 102 to 110 of 1988 22nd March, 2002 Counsel Appeared R.D. Jolly with Ms. Premlata Bansal, for the Petitioner : …

Rajasthan H.C : Whether, in the facts and circumstances of the case, the Tribunal had erred in law in deleting the penalty under s. 271D for violation of provisions of ss. 269SS of the Act ?

High Court Of Rajasthan : Jaipur Bench CIT vs. Manoj Lalwani Sections 269SS, 271D, 273B Asst. Year 1996-97 P.P. Naolekar & A.C. Goyal, JJ. IT Appeal No. 46 of 2000 22nd March, 2002 Counsel Appeared R.B. Mathur, for the Appellant : A. Kasliwal, for the Respondent JUDGMENT P.P. Naolekar, J. : Following substantial questions of law …

Delhi H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in confirming the order of the CIT(A) in annulling the reassessments for the asst. yrs. 1961-62 to 1969-70 framed by the ITO under s. 147(a) of the IT Act, 1961, for bringing to tax as income of the assessee-company under the head “income from house property”, in terms of the enhanced compensation in pursuance of the order of the AAC for the asst. yr. 1974-75 ?

High Court Of Delhi CIT vs. Banwarilal & Sons (P) Ltd. Sections 147(a), 149, 150 Asst. Year 1961-62, 1962-63, 1963-64, 1964-65, 1965-66, 1966-67, 1967-68, 1968-69, 1969-70 S.B. Sinha, C.J. & A.K. Sikri, J. IT Ref. Nos. 102 to 110 of 1988 22nd March, 2002 Counsel Appeared R.D. Jolly with Ms. Premlata Bansal, for the Petitioner : …
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