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November 2002

Madras H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in treating the shares of Pondicherry Papers Ltd., as unquoted on the valuation date relevant for the asst. yr. 1985-86 ?

Avijit Das / November 27, 2002

High Court Of Madras Commissioner Of Wealth Tax vs. Gnanagiri Ganesan Sections WT Rule 1A Asst. Year 1985-86 N.V. Balasubramanian […]

Kerala H.C : It is a company incorporated with the main object of conducting chitties and kurries and lending money on interest.

Avijit Das / November 27, 2002

High Court Of Kerala Hemambika Chities & Loans (P) Ltd. vs. DCIT Sections 37(1) Asst. Year 1994-95 G. Sivarajan &

Madras H.C : Whether, the order passed by the respondent is vitiated by non-application of mind, arbitrariness and violative of KVSS provisions ?

Avijit Das / November 26, 2002

High Court Of Madras M. Kaliannan vs. CIT Section 1998FA (No. 2) 87(f), 1998FA (No. 2) 87(m) Asst. Year 1992-93,

Gift Tax Act, Sec. 4(1)(a)

Madras H.C : Whether, on the facts and in the circumstances of the case when the proprietary concern was converted into a partnership with a capital contribution of other partners and when share of profits is commensurate with it, such conversion of the proprietary business into partnership could be treated as gift under the GT Act, 1958 ?

Avijit Das / November 26, 2002

High Court Of Madras K. Shanmuganathan vs. Commissioner Of Gift Tax Section GT 4(1)(a) N.V. Balasubramanian & K. Raviraja Pandian,

Madras H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in cancelling the penalty order passed under s. 271(1)(a) in the case of the partners for the reasons that partnership had already been penalised on this account ?

Avijit Das / November 26, 2002

High Court Of Madras CIT vs. R. Sridhar Sections 271(1)(a) Asst. Year 1984-85, 1985-86, 1986-87 N.V. Balasubramanian & K. Raviraja

Section 276, Section 276B

Madhya Pradesh H.C : The applicants are hereby taking exception to the order of conviction passed by the Addl. Chief Judicial Magistrate (Economic Offences), Indore, in Criminal Case No. 14 of 1987 on 12th April, 1996. for the offence punishable under s. 276B/278B

Avijit Das / November 26, 2002

High Court Of Madhya Pradesh : Indore Bench Narendrakumar Khandelwal & Ors. vs. Union Of India & Anr. Sections 276B,

Delhi H.C : This appeal by the Revenue under s. 260A of the IT Act, 1961 (for short “the Act”), is directed against the order dt. 19th April, 2002, passed by the Income-tax Appellate Tribunal, New Delhi (for short “the Tribunal”), in ITA No. 6585/Del/1996, pertaining to the asst. yr. 1992-93

Avijit Das / November 26, 2002

High Court Of Delhi CIT vs. Krishak Bharti Co-Operative Ltd. Section 154 Asst. Year 1992-93 D.K. Jain & Sharda Aggarwal,

Sec. 260A, Section 260, Section 271, Section 271D

Delhi H.C : the Tribunal has upheld the order passed by the CIT(A), whereby penalty levied on the respondent/assessee under s. 271D

Avijit Das / November 26, 2002

High Court Of Delhi CIT vs. Parma Nand Sections 260A, 271D Asst. Year 1990-91 D.K. Jain & Ms. Sharda Aggarwal,

Sec. 28(i), Section 22

Madras H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the rental income derived from the leasing out of the property at Cathedral Road, Madras, should be assessed under the head “profits and gains of business or profession” only and not under the head “income from house property” ?

Avijit Das / November 26, 2002

High Court Of Madras CIT vs. Sanmar Holdings Ltd. Sections 22, 28(i) Asst. Year 1984-85, 1985-86, 1986-87 N.V. Balasubramanian &

Sec. 260A, Sec. 271(1)(c )

Delhi H.C : Whether, Tribunal was correct in law in deleting penalty for an amount of Rs. 3,16,601 levied under s. 271(1)(c) ?

Avijit Das / November 26, 2002

High Court Of New Delhi CIT vs. Mrs. Baljeet Jolly Sections 260A, 271(1)(c) Asst. Year 1985-86 D.K. Jain & Mrs.

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