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July 2002

Kerala H.C : This appeal has been filed by the CIT, Cochin, under s. 260A of the IT Act, 1961 (hereinafter referred to as the ‘Act’), against the order passed by the Tribunal, Cochin Bench, Cochin in ITA No. 115/Coch/93 dt. 13th Jan., 1999.

Avijit Das / July 5, 2002

High Court Of Kerala CIT vs. Dynamic Orthopedics (P) Ltd. Sections 115J, COMP 349, COMP 350, COMP 355 Asst. Year […]

Sec. 254(2), Section 254

Rajasthan H.C : The appellant is a public limited company duly incorporated under the provisions of the Companies Act, 1956. The relevant assessment year is 1990-91.

Avijit Das / July 5, 2002

High Court Of Rajasthan : Jaipur Bench Harshvardhan Chemicals & Minerals Ltd. vs. Union Of India & Anr. Sections 254(2)

Kerala H.C : This appeal has been filed by the CIT, Cochin, under s. 260A of the IT Act, 1961 (hereinafter referred to as the ‘Act’), against the order passed by the Tribunal, Cochin Bench, Cochin in ITA No. 115/Coch/93 dt. 13th Jan., 1999.

Avijit Das / July 5, 2002

High Court Of Kerala CIT vs. Dynamic Orthopedics (P) Ltd. Sections 115J, COMP 349, COMP 350, COMP 355 Asst. Year

Sec. 139(3), Section 139, Section 72, Section 80

Rajasthan H.C : The assessee-company was not entitled to carry forward of loss computed for the asst. yr. 1985-86

Avijit Das / July 5, 2002

High Court Of Rajasthan : Jaipur Bench Rajasthan Cylinders & Containers Ltd. vs. CIT Sections 72, 80, 139(3) Asst. Year

Gift Tax Act, Sec. 2(XII), Section 3

Gujarat H.C : Whether the Tribunal is right in law and on facts in holding that when the assessee had reduced his share in partnership firm from 25 per cent to 4 per cent, there was no taxable gift ?

Avijit Das / July 4, 2002

High Court Of Gujarat Commissioner Of Gift Tax vs. Maneklal Hargovandas Patel Sections GT 2(xii), GT 3 Asst. Year 1981-82

Gift Tax Act, Sec. 2(XII)

Gujarat H.C : When this reference reached hearing today, Mr. Tanvish Bhatt, the learned standing counsel for the Revenue, made a specific request that since this reference is covered by a reported decision of this Court and the matter is pending since 1994, the reference may be taken up for hearing by this Bench notwithstanding the fact that one of us (Hon’ble Mr Justice K.A. Puj) had appeared as the counsel for the assessee at the hearing before the Tribunal.

Avijit Das / July 4, 2002

High Court Of Gujarat Commissioner Of Gift Tax vs. Arvindkumar Chandulal Section GT 2(xii) Asst. Year 1980-81 M.S. Shah &

Calcutta H.C : The petitioner being the intended vendee has asked for quashing of the order passed by the Appropriate Authority, namely, respondent No. 1, dt. 28th Jan., 1993, purported to have been passed under s. 269UD(1) of the IT Act, 1961

Avijit Das / July 4, 2002

High Court Of Calcutta I.T.C. Ltd. vs. Appropriate Authority & Ors. Section 269UD Kalyan Jyoti Sengupta, J. Matter No. 314

Calcutta H.C : The petitioner being the intended vendee has asked for quashing of the order passed by the Appropriate Authority, namely, respondent No. 1, dt. 28th Jan., 1993, purported to have been passed under s. 269UD(1) of the IT Act, 1961

Avijit Das / July 4, 2002

High Court Of Calcutta I.T.C. Ltd. vs. Appropriate Authority & Ors. Section 269UD Kalyan Jyoti Sengupta, J. Matter No. 314

Sec. 35C, Section 28

Gujarat H.C : the entire expenditure of Rs. 39,24,979 was not eligible for weighted deduction under s. 35C

Avijit Das / July 4, 2002

High Court Of Gujarat Kaira Dist. Co-Op. Milk Producer Union Ltd. vs. CIT Sections 28 & 35C Asst. Year 1976-77

Gujarat H.C : Whether the Tribunal was right in law and on facts in deleting the addition of Rs. 1,89,229 on account of ‘export cash assistance’ treating the same as a capital receipt ?

Avijit Das / July 3, 2002

High Court Of Gujarat CIT vs. Deversons (P) Ltd. Sections 28(iiib) Asst. Year 1984-85 M.S. Shah & K.A. Puj, JJ.

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