Month: June 2002

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 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 …

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 …

Madhya Pradesh H.C : Whether on the facts and in the circumstances of the case, the Tribunal is justified in law in holding that the interest charged by the Asstt. Controller under s. 70 of the ED Act on the demand of estate duty determined provisionally under s. 57, is not sustainable in law ?

High Court Of Madhya Pradesh : Indore Bench Controller Of Estate Duty vs. H.H. Maharani Mrunalinidevi Puar Sections ED 70 Deepak Verma & N.K. Jain, JJ. IT Ref. No. 10 of 1995 25th June, 2002 Counsel Appeared R.L. Jain, for the Revenue : Milind Phadke, for the Assessee JUDGMENT N.K. JAIN, J. : The Tribunal, Indore …

Gujarat H.C : Whether, the expenditure on account of accident insurance and medical expenses in respect of the two managing directors of the company was includible for purposes of computing the disallowance under s. 40A(5) ?

High Court Of Gujarat CIT vs. Gujarat Steel Tubes Ltd. Sections 28(iiib), 37(1), 40A(5) M.S. Shah & K.A. Puj, JJ. IT Ref. No. 133 of 1989 24th June, 2002 Counsel Appeared Tanvish U. Bhatt, for the Petitioner : None, for the Respondent JUDGMENT K.A. PUJ, J. : In this reference at the instance of the Revenue, …

Madras H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the sum of Rs. 9,82,068 being the amount received under the arbitration award for the work done in connection with the feeder canals for the Farakka Barrage Project during the period 1st Jan., 1966, to 30th Sept., 1969, was not a revenue receipt but only a capital receipt in the hands of the assessee ?

High Court Of Madras CIT vs. J.H. Tarapore (Died) By T.Raghavan Section 4 Asst. Year 1979-80 V.S. Sirpurkar & N.V. Balasubramanian, JJ. T.C. No. 1212 of 1987 24th June, 2002 Counsel Appeared T.C.A. Ramanujam, for the Revenue : V. Ramachandran for Mrs. Anitha Sumanth, for the Assessee JUDGMENT V.S. SIRPURKAR, J. : The questions referred, at …
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