Month: April 2002

Delhi H.C : Whether, on the facts and in the circumstances of the case, the Tribunal had erred in not allowing interest under s. 244 on the entire amount of refund irrespective of the fact that the informations required by the ITO for giving effect to the order of the AAC was furnished after the expiry of the period mentioned in the said section.

High Court Of Delhi Escorts Ltd. vs. CIT Section 244 Asst. Year 1968-69 S.B. Sinha, C.J. & A.K. Sikri, J. IT Ref. No. 245 of 1983 30th April, 2002 Counsel Appeared S.K. Aggarwal, for the Petitioner : S.K. Jha & R.C. Pandey with Ms. Premlata Bansal, for the Respondent JUDGMENT S.B. SINHA, C.J. : The short …

Delhi H.C : Whether, on the facts and in the circumstances of the case, the Tribunal had erred in not allowing interest under s. 244 on the entire amount of refund irrespective of the fact that the informations required by the ITO for giving effect to the order of the AAC was furnished after the expiry of the period mentioned in the said section.

High Court Of Delhi Escorts Ltd. vs. CIT Section 244 Asst. Year 1968-69 S.B. Sinha, C.J. & A.K. Sikri, J. IT Ref. No. 245 of 1983 30th April, 2002 Counsel Appeared S.K. Aggarwal, for the Petitioner : S.K. Jha & R.C. Pandey with Ms. Premlata Bansal, for the Respondent JUDGMENT S.B. SINHA, C.J. : The short …

Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in allowing depreciation on wooden shuttering at the special rate, i.e., 100 per cent, under the first proviso to s. 32(1)(ii) of the IT Act, 1961, and thus treating that each single item or constituent part of wooden shuttering material form independent plant, i.e., ‘wooden shuttering’, within the meaning of s. 32(1) of the Act ?

High Court Of Punjab & Haryana CIT vs. Akal Construction & Engineering Co. Sections 32(1)(ii), first proviso, 260A Jawahar Lal Gupta & N.K. Sud, JJ. ITA No. 92 of 1999 30th April, 2002 Counsel Appeared R.P. Sawhney with Salil Bali, for the Appellant : Suvineet Sharma, for the Respondent JUDGMENT JAWAHAR LAL GUPTA, J. : The …

Delhi H.C : Whether on the facts and in the circumstances of the case, the Tribunal is correct in law in upholding the order of the CIT(A) in excluding the profits arising from the sale of capital assets located outside India from the word ‘income’ ?

High Court Of Delhi CIT vs. Quantas Airways Ltd. Sections 2(24), 5, 9, 45, Rule 10 S.B. Sinha, C.J. & A.K. Sikri, J. IT Ref. Nos. 258 to 261 of 1982 & 190, 228 & 229 of 1983 29th April, 2002 Counsel Appeared Sanjiv Khanna, R.C. Pandey, R.D. Jolly & Ms. Premlata Bansal, for the Petitioner …

Punjab & Haryana H.C : Whether on the facts and in the circumstances of the case, the Tribunal was right in law in allowing weighted deduction on bank interest on packing credit ?

High Court Of Punjab & Haryana CIT vs. Oswal Woollen Mills Ltd. & Anr. Sections 35B(1)(b)(viii), 37(1) Jawahar Lal Gupta & N.K. Sud, JJ. IT Ref. Nos. 100 & 101 of 1987 29th April, 2002 Counsel Appeared R.P. Sawhney with Salil Bali, for the Appellant : Sanjay Bansal, for the Respondent JUDGMENT JAWAHAR LAL GUPTA, J. …

Gujarat H.C : 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 Ramesh Chandra M. Luthra vs. Assistant Commissioner Of Income Tax Section 254 Asst. Year 1993-94 R.K. Abichandani & Kundan Singh, JJ. Tax Appeal No. 123 of 2002 29th April, 2002 Counsel Appeared S.N. Soparkar with Mrs. Swati Soparkar & T.P. Hemani, for the Appellant : B.B. Naik, for the Respondent JUDGMENT R.K. …

Delhi H.C : By this writ petition the petitioner has challenged the validity of notice dt. 27th March, 1976, issued under s. 148 of the IT Act, 1961 (hereinafter referred to as the Act), proposing to reassess the income of the petitioner for the asst. yr. 1967-68, on the ground that income chargeable to tax had escaped assessment within the meaning of s. 147 of the Act.

High Court Of Delhi Great Arts (P) Ltd. vs. Income Tax Officer Sections 147, 148 Asst. Year 1967-68 S. Mukerjee, J. Civil Writ Petn. No. 1741 of 1979 26th April, 2002 Counsel Appeared None, for the Petitioner : R.D. Jolly with Ajay Jha & Ms. Rashmi Chopra, for the Respondent JUDGMENT S. MUKHERJEE, J. : By …

Delhi H.C : The petitioner has challenged the validity of notice dt. 27th March, 1976, issued under s. 148 of the IT Act, 1961 (hereinafter referred to as the Act), proposing to reassess the income of the petitioner for the asst. yr. 1967-68, on the ground that income chargeable to tax had escaped assessment within the meaning of s. 147 of the Act

High Court Of Delhi Great Arts (P) Ltd. vs. ITO Sections 147, 148 Asst. Year 1967-68 S. Mukerjee, J. Civil Writ Petn. No. 1741 of 1979 26th April, 2002 Counsel Appeared None, for the Petitioner : R.D. Jolly with Ajay Jha & Ms. Rashmi Chopra, for the Respondent JUDGMENT S. MUKHERJEE, J. : By this writ …

Rajasthan H.C : The petitioner is a proprietorship concern and is engaged in the business of manufacturing tubular trusses for auction platform on contract basis. The petitioner filed a return of income for the asst. yr. 1995-96.

High Court Of Rajasthan Suman Steels vs. Union Of India Section 44AD, 148 Asst. Year 1995-96 B. Prasad, J. S.B. Civil Writ Petn. No. 1026 of 2002 26th April, 2002 Counsel Appeared : Gajendra Maheshwari, for the Petitioner : Sandeep Bhandawat, for the Respondent ORDER BY THE COURT : The petitioner is a proprietorship concern and …

Calcutta H.C : Whether, on the facts and in the circumstances of the case, when in the reassessment proceedings the assessment of the flat at Bombay was not interfered with the Tribunal was justified in law in holding that the reassessment proceedings superseded and set aside the original assessment in its entirety?

High Court Of Calcutta Commissioner Of Wealth Tax vs. Sandeep Jajodia Sections WT 25(2) Asst. Year 1984-85, 1985-86 Altamas Kabir & Alok Kumar Basu, JJ. Matter No. 2028 of 1992 24th April, 2002 Counsel Appeared Sunil Kumar Mitra, for the Petitioner JUDGMENT Altamas Kabir, J. : The assessments for the asst. yrs. 1984-85 and 1985-86 in …
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