Month: November 2002

Bombay H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the final dividend income accrued to the assessee on the date of declaration even though the Reserve Bank of India had not granted permission under the Foreign Exchange Regulation Act, 1973 ?

High Court Of Bombay Pfizer Corporation vs. CIT Sections 5(2)(b), 8, 9(1)(iv), 145(1) Asst. Year 1976-77, 1977-78 S.H. Kapadia & J.P. Devadhar, JJ. IT Ref. No. 306 of 1987 30th November, 2002 Counsel Appeared Poras Kaka with C. Balkrishna, i/b Crawford Bayley & Co., for the Assessee : R.V. Desai with P.S. Jetly, i/b T.C. Kaushik, …

Delhi H.C : An order, dt. 30th Nov., 1996, passed by the Appropriate Authority under s. 269UD(1) of the Income-tax Act, 1961 (in short the Act), directing pre-emptive purchase of a residential house bearing No. 22/78, Punjabi Bagh, New Delhi, is under challenge in this writ petition

High Court Of Delhi Mrs. Sunny Uppal vs. Appropriate Authority & Ors. Section 269UD, Art. 226 D.K. Jain & Ms. Sharda Aggarwal, JJ. Civil Writ Petn. No. 91 of 1997 29th November, 2002 Counsel Appeared C.S. Aggarwal with Anil Sharma & Prakash Kumar, for the Petitioner : R.D. Jolly with Ajay Jha for the Revenue : …

Delhi H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the assessee was not entitled to relief under s. 80HHC in respect of realised bad debts pertaining to exports ?

High Court Of Delhi Smt. Reena Sethi vs. Income Tax Officer Section 260A Arising from Tribunal order in ITA 151/Del/2002. D.K. Jain & Smt. Sharda Aggarwal, JJ. IT Appeal No. 243 of 2002 28th November, 2002 Counsel Appeared K.R. Manjani, for the Appellant : Ms. Premlata Bansal, for the Respondent JUDGMENT BY THE COURT : Having …

Bombay H.C : Whether, on the facts and in the circumstances of the case, the Tribunal erred in holding that the burden was on the assessee to prove by cogent and convincing evidence that the recipient had actually paid tax on the income or the income had been held to be non-assessable?

High Court Of Bombay Citibank N.A. vs. CIT Section 195, 201 Asst. Year 1975-76, 1976-77 S.H. Kapadia & J.P. Devadhar, JJ. IT Ref. No. 44 of 1986 28th November, 2002 Counsel Appeared S.E. Dastur with J.D. Mistry & B.D. Damodar i/b Kanga & Co., for the Applicant : R.V. Desai with P.S. Jetley i/b T.C. Kaushik, …

Kerala H.C : Revenue is the appellant. Question that arises for consideration in this case is whether after the notice was issued under s. 143(2) of the IT Act

High Court Of Kerala CIT vs. Quilon Co-Op. Spinning Mills Ltd. Sections 143(1)(a), 143(2) Asst. year 1991-92 S. Sankarasubban & Kum. A. Lekshmikutty, JJ. IT Appeal No. 101 of 2000 28th November, 2002 Counsel Appeared P.K.R. Menon & George K. George, for the Appellant : C. Kochunny Nair & Dale P. Kurien, for the Respondent JUDGMENT …

Bombay H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the amounts paid by the assessee to M/s Mannesmann-Export AG, Dusseldorf, West Germany, (Nonresident), for the period from 1st Oct., 1976, to 23rd March, 1977, did not get merged in the purchase price on the exercise by the assessee of the option to purchase ?

High Court Of Bombay Dodsal (P) Ltd. vs. CIT Section 163, 195(2) Asst. Year 1977-78, 1978-79 S.H. Kapadia & J.P. Devadhar, JJ. IT Ref. No. 196 of 1984 28th November, 2002 Counsel Appeared J.D. Mistry with B. Damodar i/b Kanga & Co., for the Revenue : R.V. Desai with P.S. Jetley & Mrs. S.V. Bharucha, for …

Bombay H.C : Whether, on the facts and in the circumstances of the case, the assessee-company not having filed the particulars of the transfer of assets to the Maharashtra State Farming Corporation in the original return and having shown the book value of the assets under ‘loans and advances’ in the balance sheet without making adjustment in the accounts for the amount receivable could be said to have disclosed the primary facts during the original assessment for 1966-67 ?

High Court Of Bombay CIT vs. Maharashtra Sugar Mills Ltd. Sections 147(a), 148 Asst. Year 1966-67 S.H. Kapadia & J.P. Devadhar, JJ. IT Ref. No. 124 of 1987 28th November, 2002 Counsel Appeared R.V. Desai with P.S. Jetly i/b T.C. Kaushik, for the Revenue : None, for the Assessee JUDGMENT J.P. devadhar, J. : In this …

Kerala H.C : Whether, on the facts and in the circumstances of the case and also in the light of Explanation to s. 271(1)(c), the Tribunal is right in law in cancelling the penalty ?

High Court Of Kerala Income Tax Officer vs. Late C.D. Joseph Section 271(1)(c), Expln. 1 Asst. Year 1989-90 G. Sivarajan & K. Balakrishnan Nair, JJ. IT Appeal No. 8 of 1999 27th November, 2002 Counsel Appeared P.K. Ravindranatha Menon & George K. George, for the Appellant : P. Balachandran, for the Respondent JUDGMENT K. Balakrishnan Nair, …

Madras H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law and had sufficient materials to hold that the question of deduction of tax at source does not arise from the method of payment present in the case of assessee ?

High Court Of Madras CIT vs. C.C.C. Holdings Sections 40(a)(i) Asst. Year 1990-91 N.V. Balasubramanian & K. Raviraja Pandian, JJ. Tax Case No. 224 of 1998 27th November, 2002 Counsel Appeared T. Ravikumar, for the Applicant : J. Vasudevan, for the Respondent JUDGMENT K. Raviraja Pandian, J. : At the instance of the Revenue, the following …
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