Month: January 2003

Kerala H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the expenditure incurred on the foreign tour of the wife of a director of the company is not an allowable deduction under the IT Act, 1961 ?

High Court Of Kerala (Full Bench) Ram Bahadur Thakur Ltd. vs. CIT Sections 37(1) Asst. Year 1990-91 Jawahar Lal Gupta, C.J.; G. Sivarajan & K.K. Denesan, JJ. IT Ref. No. 16 of 1999 31st January, 2003 Counsel appeared : Joseph Markose & Thomas Vellappally, for the Applicant : P.K.R. Menon & George K. George, for the …

Gauhati H.C : As the question arising for determination in both the cases are identical, they were taken up for consideration together and are being disposed of by this common judgment and order.

High Court Of Gauhati R.K. Gyankishore Singh vs. Assistant Commissioner Of Income Tax & Anr. Sections 143(1)(a), Art. 226 Asst. Year 1991-92, 1992-93, 1993-94, 1994-95 Ranjan Gogoi, J. Civil Rule Nos. 526 of 1994 & 971 of 1995 31st January, 2003 Counsel Appeared H.S. Paonam, for the Petitioner : B.P. Sahu, for the Respondent JUDGMENT RANJAN …

Rajasthan H.C : Whether on the facts and in the circumstances of the case, the Tribunal erred in law in holding that the building in question was covered within the meaning of the term “Plant” for the purposes of allowance of depreciation and investment allowance ?

High Court Of Rajasthan : Jaipur Bench CIT vs. R.G. Ispat Ltd. Sections 32(1), 32A, 43(3) Y.R. Meena & K.C. Sharma, JJ. IT Ref. No. 11 of 1992 31st January, 2003 Counsel Appeared R.B. Mathur, for the Revenue : Anant Kasliwal, for the Respondent JUDGMENT BY THE COURT : On an application under s. 256(1) of …

Andhra Pradesh H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law, in holding that the share income of the assessee’s minor children was assessable in the firm under s. 182(3) of the IT Act and that it could not be included in the hands of the non-resident assessee in his individual assessment under s. 64(1)(iii) of the Act ?

High Court Of Andhra Pradesh CIT vs. B. Narasimha Rao Sections 2(23), 64(1)(iii), 182(3) B. Sudershan Reddy & N.V. Ramana, JJ. Refd. Case No. 334 of 1991 31st January, 2003 Counsel Appeared S.R. Ashok, for the Revenue : K. Raji Reddy, for the Assessee JUDGMENT B. Sudershan Reddy, J. : The CIT, Andhra Pradesh-I, Hyderabad, required …

Rajasthan H.C : Whether the mistake committed by counsel in advising the assessee and the assessee on such advice submitted return omitting a particular item to be shown in the return can be said to be an act committed by the assessee in concealing deliberately the item of income and thus is liable for penalty under s. 271(1)(c) of the IT Act ?

High Court Of Rajasthan : Jaipur Bench Chandra Pal Bagga vs. Income Tax Appellate Tribunal & Anr. Section 271(1)(c) Asst. year 1992-93 Y.R. Meena & K.C. Sharma, JJ. IT Appeal No. 13 of 2001 31st January, 2003 Counsel Appeared J.K. Ranka, for the Appellant : R.B. Mathur, for the Respondents JUDGMENT BY THE COURT : The …

Calcutta H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in upholding the addition of Rs. 5,14,170 as income of the assessee from undisclosed sources under s. 69A of the IT Act, 1961 ?

High Court Of Calcutta Bimal Kumar Damani vs. CIT Sections 28(i), 37(1), 69A, 256 D.K. Seth & R.N. Sinha, JJ. IT Ref. No. 41 of 1994 30th/31st January, 2003 Counsel Appeared J.P. Khaitan, for the Petitioner : Pradosh Mallick, Dipak Deb & Jaideb Saha, for the Respondent JUDGMENT D.K. SETH, J. : In the present case, …

Allahabad H.C : Whether, on the facts and in the circumstances of the case, the learned Tribunal was legally correct in holding that the order of the ITO had got merged in the order of the CIT(A) and, therefore, the CIT had no jurisdiction to revise that order ?

High Court Of Allahabad CIT vs. Span International Section 263(1) Expln. (c) Asst. Year 1976-77 M. Katju & Prakash Krishna, JJ. IT Ref. No. 44 of 1983 31st January, 2003 Counsel Appeared : B.B. Ahuja, for the Respondent ORDER M. Katju, J. : This is a reference under s. 256(1) of the IT Act, 1961 in …

Karnataka H.C : Whether the income derived by the assessee from letting out of the house property should be assessed under the head “Income from house property” under s. 22 or “Income from business” under s. 28

High Court Of Karnataka CIT vs. Bhoopalam Commercial Complex & Industries (P) Ltd. Sections 22, 28(i) Asst. Year 1985-86, 1986-87 G.C. Bharuka & S.B. Majage, JJ. IT Appeal Nos. 111 & 112 of 1999 30th January, 2003 Counsel Appeared E.R. Indra Kumar, for the Appellant : A.A. Kullkarni for K.R. Prasad, for the Respondent JUDGMENT G.C. …

Karnataka H.C : Whether in terms of s. 17B of the Act the assessee can be held liable to pay interest for delay in filing the return of net income

High Court Of Karnataka Smt. M.R. Prabhavathy vs. Assistant Commissioner Of Income Tax Sections WT 17B, WT 23(2A) Asst. Year 1991-92 G.C. Bharuka & S.B. Majage, JJ. WT Appeal No. 36 of 2001 30th January, 2003 Counsel Appeared S. Venkatesan for B.K. Sampath Kumar, for the Appellant : M.V. Seshachala, for the Respondent JUDGMENT G.C. BHARUKA, …

Gujarat H.C : Whether,the Tribunal is right in law and on facts in accepting the assessee’s claim for allowance of bad debts amounting to Rs. 47,79,259 ?

High Court Of Gujarat CIT vs. Ahmedabad Electricity Co. Ltd. Sections 36(1)(vii), 36(2), 43B Asst. Year 1983-84, 1984-85 R.K. Abichandani & A.L. Dave, JJ. IT Ref. No. 57 of 1989 29th January, 2003 Counsel Appeared Manish R. Bhatt, for the Revenue : Mukesh M. Patel & B.P. Gupta, for the Assessee. JUDGMENT R.K. Abichandani, J. : …
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