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April 2003

S.C : The appellants are job workers who process fabric on behalf of others. A question arose as to whether or not they were liable to pay excise duty, and if so, on what basis the value had to be worked out. Show-cause notices were issued to them.

Avijit Das / April 2, 2003

Supreme Court Of India Lajya Dyeing & Bleaching Works vs. Union Of India & Ors. Sections 1998FA(No. 2) 95 S.N. […]

Rajasthan H.C : Whether, on facts and in the circumstances of the case, learned Tribunal was justified in making the disallowance of brokerage of Rs. 6,300 alleging that the same have been paid for procuring the alleged sales ?

Avijit Das / April 2, 2003

High Court Of Rajasthan : Jaipur Bench Malpani House Of Stones vs. CIT Sections 260A Asst. Year 1987-88 Y.R. Meena

Gujarat H.C : Whether, on the facts and circumstances of the case, the Tribunal has not erred in law and facts in allowing the appeal of the assessee and quashing the order of the CIT under s. 263 and restoring the order of the ITO ?

Avijit Das / April 2, 2003

High Court Of Gujarat CIT vs. Mehsana District Co-Operative Milk Producers Union Ltd. Sections 263 Asst. Year 1979-80 R.K. Abichandani

Sec. 260A, Section 273

Himachal Pradesh H.C : Whether the notice issued for imposition of penalty under s. 273(2)(a) of the IT Act, 1961, authorised the AO to impose the penalty under any other section, i.e., s. 273(2)(aa) of the Act ?

Avijit Das / April 2, 2003

High Court Of Himachal Pradesh H.P. State Forest Corporation Ltd. vs. CIT & ANR. Sections 260A, 273(2)(a), 273(2)(aa) Asst. Year

Sec. 256(2), Section 256

Rajasthan H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that before making a reference to the Valuation Officer for his opinion under s. 133(6) of the IT Act, it was necessary that there is material or evidence to indicate that certain expenses incurred on the construction have not been recorded in the books of the assessee ?

Avijit Das / April 1, 2003

High Court Of Rajasthan : Jaipur Bench CIT vs. Prem Nath Motors (Rajasthan)(P) Ltd. Sections 256(2) Asst. Year 1986-87 Y.R.

Calcutta H.C : By this writ application the writ petitioner has challenged an assessment order passed by the Asstt. CIT, Circle 32, thereby making assessment under s. 144/145(3) of the IT Act, 1961.

Avijit Das / April 1, 2003

High Court Of Calcutta Fu Sheen Tannery & Anr. vs. Income Tax Officer & Ors. Sections 143 Bhaskar Bhattacharya, J.

Sec. 276C, Section 277

Punjab & Haryana H.C : This criminal revision petition has been directed by the ITO, Survey Circle, Rohtak, against the order dt. 26th Oct., 1990, passed by the learned Sessions Judge, Rohtak, whereby the criminal revision filed against the order dt. 13th March, 1989, passed by the Judicial Magistrate First Class, Rohtak, vide which the respondents were summoned under s. 276C/277 of the IT Act, 1961, r/w s. 465/467/471, IPC, was accepted and the impugned order was set aside and further the respondents were discharged.

Avijit Das / April 1, 2003

High Court Of Punjab & Haryana Income Tax Officer vs. Janta Trading Co. & Anr. Sections 276C, 277 K.C. Gupta,

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