Month: September 2002

Madras H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the CIT was not correct in invoking the provisions of s. 263 of the IT Act, 1961 ?

High Court Of Madras CIT vs. Andhra Civil Construction Ltd. Sections 263 Asst. Year 1982-83 R. Jayasimha Babu & K. Raviraja Pandian, JJ. Tax Case No. 438 of 1997 30th September, 2002 Counsel Appeared J. Naresh Kumar, for the Applicant : None, for the Respondent ORDER R. JAYASIMHA BABU, J. : The question referred at the …

Madras H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in overlooking the decision of the jurisdictional High Court in the case of ASK Rathnaswamy Nadar Firm vs. CIT (1965) 58 ITR 312 (Mad) and of the Patna High Court in the case of Chandmal Rajgarhia vs. CIT (1986) 52 CTR (Pat) 129 : (1987) 164 ITR 486 (Pat) and holding that the salary paid to the partners should not be disallowed under s. 40(b)?

High Court Of Madras CIT vs. P.S.T.S. Thiruvirathnam & Sons Sections 40(b), 256 Asst. Year 1986-87 R. Jayasimha Babu & K. Raviraja Pandian, JJ. Tax Case No. 439 of 1997 30th September, 2002 Counsel Appeared J. Naresh Kumar, for the Applicant : T.V. Ramanathan, for the Respondent ORDER R. Jayasimha BAbu, J. : The question referred …

Kerala H.C : Whether, on the facts and in the circumstances of the case and also in the light of the admission of the assessee that the vehicle was run only on 1st April, 1992, the assessee is entitled to depreciation for the asst. yr. 1992-93 ?

High Court Of Kerala CIT vs. Air Travel Enterprises India Ltd. Sections 32(1) Asst. Year 1992-93 G. Sivarajan & C.N. Ramachandran Nair, JJ. IT Appeal No. 90 of 2000 30th September, 2002 Counsel Appeared P.K.R. Menon & George K. George, for the Appellant : K.L. Narasimhan, for the Respondent JUDGMENT By the court : The respondent …

Kerala H.C : The matter arises under the Income-tax Act, 1961 (for short ‘the Act’). The assessee is the appellant. The assessment year concerned is 1990-91.

High Court Of Kerala Sn. Zubin George vs. CIT Sections 2(42A), 45(1) Asst. Year 1990-91 G. Sivarajan & C.N. Ramachandran Nair, JJ. IT Appeal No. 121 of 2000 30th September, 2002 Counsel Appeared P. Balakrishnan, for the Appellant : P.K.R. Menon & George K. George, for the Respondent JUDGMENT G. Sivarajan, J. : The matter arises …

Calcutta H.C : Whether, on the facts and in the circumstances of the case, the assessee was barred by any provision of the law from changing its stock-in-trade valuation method from the cost basis, which was followed for the asst. yr. 1994-95, being the year of commencement of business, to the method of cost or market value, whichever is lower ?

High Court Of Calcutta Hela Holdings (P) Ltd. vs. Commissioner Of Income Tax & Anr. Sections 145 Asst. Year 1994-95 Ajoy Nath Ray & Ms. Indira Banerjee, JJ. IT Appeal No. 161 of 2002 27th September, 2002 Counsel Appeared N.K. Poddar with R.K. Jaiswal, for the Appellant : P.K. Ghosh, for the Respondent JUDGMENT Ajoy nath …

Kerala H.C : the second respondent AO is trying to bypass the provisions of law by ignoring Chapter XIV-B and making hasty steps to complete the assessment under s. 143(3) or 144 which is not authorised by law and hence there is no statutory remedy to keep the second respondent within limits of his powers.

High Court Of Kerala CIT vs. N.T. John Sections 143, 158BA, Expln. Asst. Year 1993-94 S. Sankarasubban & K. Padmanabhan Nair, JJ. Writ Appeal No. 125 of 1997 27th September, 2002 Counsel Appeared P.K. Ravindranatha Menon & N.R.K. Nayar, for the Petitioner : S. Vijayan Nair, for the Respondent JUDGMENT S. SANKARASUBBAN, J. : This Writ …

Kerala H.C : Whether, on the facts and in the circumstances of the case, was the Tribunal right in law and fact in finding that property gifted in this case cannot be viewed as a gift, within the meaning of the GT Act?

High Court Of Kerala Commissioner Of Gift Tax vs. P.M. Abraham & Ors. Sections GT 2(xii) & 3 Asst. Year 1988-89 G. Sivarajan & C.N. Ramachandran Nair, JJ. IT Ref. No. 88 of 1999 27th September, 2002 Counsel Appeared P.K.R. Menon, for the Applicant : P.B. Sahasranaman & K. Jagadeesh, for the Respondents JUDGMENT G. Sivarajan, …

S.C : The respondents in Civil Appeal Nos. 6260-6265 of 2000 and the appellants in all the other appeals are directors/officers of M/s Appollo Tyres Ltd. M/s Appollo Tyres has a factory in Kerala and another in Gujarat. M/s Appollo Tyres Ltd.

Supreme Court Of India Union Of India & Ors. vs. Onkar S. Kanwar & Ors. Sections 1998FA (No.2) 87(j), 1998FA (No.2) 87(m)(ii), 1998FA (No.2) 88, 1998FA (No.2) 91, 1998FA (No.2) 93 Syed Shah Mohammed Quadri & S.N. Variava, JJ. Civil Appeal Nos. 6260 to 6265 of 2000 & 633 to 642 of 2002 27th September, 2002 …
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