June 2002 – taxcaselaw.com

Gujarat H.C : The petitioner is a registered association of the stamp vendors of Ahmedabad. As the officers of the IT Department called upon the State Government to deduct tax at source under s. 194H

High Court Of Gujarat Ahmedabad Stamp Vendors Association vs. Union Of India Sections 194H Gujarat Stamps Supply & Sales Rules, 1987, RR. 6, 12, 24 & 25 M.S. Shah & K.A. Puj, JJ. Special Civil Appln. No. 3490 of 2002 28th June, 2002 Counsel Appeared Mihir H. Joshi, for the Petitioner : B.B. Naik, for the …

Andhra Pradesh H.C : The petitioner, Krishna Oberoi, which is a division of Novopan Industries Ltd. is a company registered under the Indian Companies Act, 1956, with its registered office at Banjara Hills, Hyderabad.

High Court Of Andhra Pradesh Krishna Oberoi vs. Union Of India & Ors. Section 194-I S.R. Nayak & S. Ananda Reddy, JJ. Writ Petn. No. 9792 of 1996 28th June, 2002 Counsel Appeared C. Kodandaram, for the Petitioner : J.V. Prasad & K. Srinivasa Murthy, for the Respondent JUDGMENT S.R. NAYAK, J. : The petitioner, Krishna …

Gujarat H.C : Whether, the amount paid as compulsory deposit under the Compulsory Deposit (IT Payers) Scheme, 1974, is to be treated as exempt from wealth-tax?

High Court Of Gujarat Commissioner Of Wealth Tax vs. Smt. Avaniben Ajaybhai Section WT 5(1)(xxvi), Compulsory Deposit Scheme (IT Payers) Act, 1974, s. 7A Asst. Years 1982-83, 1983-84 M.S. Shah & K.A. Puj, JJ. WT Ref. No. 2 of 1989 27th June, 2002 Counsel Appeared Tanvish U. Bhatt, for the Petitioner : None, for the Respondent …

Gujarat H.C : Whether, on the facts and in the circumstances of the case, the assessment made by the ITO is barred by limitation ?

High Court Of Gujarat Hargovind Damji vs. CIT Sections 119(1), 119(2)(a), 139(1), 139(5), 153(1)(c) Asst. Year 1973-74 M.S. Shah & K.A. Puj, JJ. IT Ref. No. 393 of 1984 27th June, 2002 Counsel Appeared Tushar Hemani for S.N. Soparkar, for the Applicant : B.B. Naik, for the Respondent JUDGMENT K.A. PUJ, J. : At the instance …

Gujarat H.C : Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in coming to the conclusion that the assessee is entitled to exemption under s. 40(3)(vi) of the Finance Act, 1983, for the residential property on the ground that the same was used for guest-house and business premise?

High Court Of Gujarat Commissioner Of Wealth Tax vs. Bombay Conductors & Electrical Ltd. Section 1983FA 40(3)(vi) M.S. Shah & K.A. Puj , JJ. WT Ref. No. 29 of 1989 27th June, 2002 Counsel Appeared Manish R. Bhatt & Tanvish U. Bhatt, for the Petitioner : None, for the Respondent JUDGMENT K.A. PUJ, J. : At …

Andhra Pradesh H.C : Whether, on the facts and in the circumstances of the case, the Tribunal is right in allow in coming to the conclusion that the payment claimed to have been made under the head ‘Secret commission’ is not opposed to public policy and is an admissible item of deduction in the computation of the total income of the assessee?

High Court Of Andhra Pradesh CIT vs. Transport Corporation Of India Ltd. Sections 37(1), 256 Asst. Year 1981-82, 1982-83, 1983-84, 1984-85 S.R. Nayak & S. Ananda Reddy, JJ. Case Refd. Nos. 55 & 124 of 1991 and 132 of 1997 6th June, 2002 Counsel Appeared S.R. Ashok, for the Applicant : Y. Ratnakar, for the Respondent …

Madras H.C : This judgment will dispose of TC Nos. 144 and 145 of 1998. They are revisions filed under s. 54(1) of the Tamil Nadu Agrl. IT Act (in short “the Act”), challenging the common order passed by the Tamil Nadu Agricultural Income-tax Tribunal (in short “the Tribunal”).

High Court Of Madras N. Sastha vs. State Of Tamil Nadu Sections TM Agrl 5(e), TM Agrl 5(g) Asst. Year 1986-87, 1987-88 V.S. Sirpurkar & N.V. Balasubramanian, JJ. TC Nos. 144 & 145 of 1998 26th June, 2002 Counsel Appeared Meenakshisundaram, for the Assessee : S.V. Radhakrishnan, for the Revenue JUDGMENT V.S. SIRPURKAR J. : This …

Gujarat H.C : Whether the conclusion of the Tribunal that when the WTO had made enquiries on his own and had determined the fair market value of the properties in question the CWT could not exercise jurisdiction under s. 25(2) of the WT Act, 1957 in the instant case is correct in law and sustainable from the material on record ?

High Court Of Gujarat Commissioner Of Wealth Tax vs. Vinubhai H. Panchal (HUF) Section WT 25(2) Asst. Year 1976-77 M.S. Shah & K.A. Puj, JJ. WT Ref. No. 8 of 1988 26th June, 2002 Counsel Appeared B.B. Naik, for the Applicant : None, for the Respondent JUDGMENT M.S. SHAH, J. : This is a reference at …

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 assessee-company was engaged in manufacturing and processing activities and was, therefore, an industrial company?

High Court Of Gujarat CIT vs. Gordhanbhai Jethabhai Tobacco Industries (P) Ltd. Sections 80J(4)(iv), 1981FA 2(7)(c) Asst. Year 1981-82, 1982-83, 1983-84 M.S. Shah & K.A. Puj, JJ. IT Ref. No. 185 of 1988 26th June, 2002 Counsel Appeared B.B. Naik, for the Applicant : None, for the Respondent JUDGMENT M.S. SHAH, J. : In this reference …

Calcutta H.C : An appeal from the said order succeeded and the matter was remanded for a fresh assessment. Such an assessment was made and it was again taken up to the CIT(A) and the appeal succeeded.

High Court Of Calcutta Nataraj Cinema vs. CIT Section 260A Asst. Year 1985-86 Ajoy Nath Ray & Indira Banjerjee, JJ. IT Appeal No. 242 of 2001 26th June, 2002 ORDER BY THE COURT : This is an intended appeal from an order of the Tribunal, dt. 14th June, 2001. The assessment year involved in 1985-86. The …

Month: June 2002