Month: June 2003

Uttaranchal H.C : The petitioner in this petition took exception to and questioned notices dt. 29th May, 2001 (annexures marked as Exts. 13 to 17) issued under s. 147 r/w s. 148

High Court Of Uttaranchal Oil & Natural Gas Corporation Ltd. vs. DCIT & Ors. Sections 147, proviso, 148 Asst. Year 1991-92, 1992-93, 1994-95, 1994-95 Irshad Hussain & M.M. Ghildiyal, JJ. Writ Petn. No. 806 of 2002 26th June, 2003 Counsel Appeared S.E. Dastur, for the Petitioner : S.K. Posti, for the Respondents JUDGMENT Irshad hussain, J. …

Calcutta H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in directing to recompute the cost of the assets treating the gratuity liability as part of the actual cost of the assets and allow depreciation accordingly ?

High Court Of Calcutta CIT vs. Hooghly Mills Co. Ltd. Sections 32(1), 43(1) Asst. Year 1989-90 D.K. Seth & R.N. Sinha, JJ. IT Appeal No. 404 of 2000 26th June, 2003 Counsel Appeared P.K. Bhowmick, for the Appellant : J.P. Khaitan & Sanjoy Bhowmick, for the Respondent JUDGMENT D.K. Seth, J. : The appeal was admitted …

Gujarat H.C : Whether, in law and on facts, the assessee is entitled to depreciation at the rate of 30 per cent on two items, namely, (1) Hot Mixing Plant and (2) Paver Finishing Machine used by the assessee in its activity of road building ?

High Court Of Gujarat CIT vs. Utkarsh Builders Sections 32(1), Rule Appendix I, Part I, item Nos. III-B(14), III-D(4) Asst. Year 1982-83 A.R. Dave & A.M. Kapadia, JJ. IT Ref. No. 104 of 1991 25th June, 2003 Counsel Appeared Manish R. Bhatt, for the Petitioner : None, for the Respondent JUDGMENT A.R. DAVE, J. : At …

Madhya Pradesh H.C : This is an appeal under s. 260A of the IT Act, 1961 (hereinafter referred to as ‘the Act’), at the instance of the Revenue against the order dt. 27th March, 2002 passed by the Tribunal, Indore Bench, Indore, whereby the application preferred by respondent-assessee under s. 254(2) of the Act, has been allowed

High Court Of Madhya Pradesh : Indore Bench CIT vs. Smt. Shreenbai Sections 254(2), 260A Asst. Year 1993-94 S.K. Seth & Deepak Verma, JJ. IT Appeal No. 2 of 2003 24th June, 2003 Counsel Appeared R.L. Jain, for the Appellant JUDGMENT BY THE COURT : Heard on admission. This is an appeal under s. 260A of …

Gauhati H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was correct in upholding the order of the CIT(A) in allowing exemption under s. 54E of the IT Act, 1961, on gains arising out of transfer of depreciated assets, when unabsorbed depreciation of earlier years was claimed and allowed to be set off ?

High Court Of Gauhati CIT vs. Assam Petroleum Industries (P)Ltd. Sections 50, 54E P.P. Naolekar, C.J. & Amitava Roy, J. IT Appeal No. 30 of 2001 24th June, 2003 Counsel Appeared K.P. Sarma & U. Bhuyan, for the Appellant : G.K. Joshi, R.K. Joshi & Mrs. U. Chakraborty, for the Respondent JUDGMENT P.P. Naolekar, C.J. : …

Calcutta H.C : This appeal is directed against the judgment and order dt. 10th Sept., 2001, passed by the learned Single Judge in WP No. 598 of 2001, dismissing the writ petition on the ground of alternative remedy.

High Court Of Calcutta C.E.S.C. Ltd. & Anr. vs. DCIT & Ors. Sections 147, 148, 163, Art. 226 Asst. Year 1998-99 D.K. Seth & R.N. Sinha, JJ. GA No. 4236 of 2001, APOT No. 671 of 2001 & T. No. 214 of 2001 in Writ Petn. No. 598 of 2001 19th June, 2003 Counsel appeared Debi …

Gauhati H.C : the assessee by filing full details of share transactions before the AO discharged the onus which lay on it but that the AO failed to discharge the onus cast on him to bring any material on record to support his findings

High Court Of Gauhati CIT vs. Janki Textiles & Industries Ltd. Sections 28(i) P.P. Naolekar, C.J. & Ranjan Gogoi, J. IT Appeal Nos. 6 to 12 of 2002 18th June, 2003 Counsel Appeared U. Bhuyan, for the Appellant : D.K. Mishra, R. Goenka, R.K. Agarwalla & M. Talukdar, for the Respondent JUDGMENT P.P. Naolekar, C.J. : …

Kerala H.C : Whether, the Tribunal was right in holding that the ITO was justified in referring the question of cost of construction of a building belonging to the appellant to the Departmental Valuation Officer ?

High Court Of Kerala B. Indira Devi vs. CIT Sections 55A, 142(2) Asst. Year 1977-78 G. Sivarajan & J.M. James, JJ. IT Ref. No. 300 of 1997 17th June, 2003 Counsel Appeared P. Balachandran & T.N. Seetharaman, for the Applicant : P.K.R. Menon & George K. George, for the Respondent JUDGMENT G. Sivarajan, J. : The …

Kerala H.C : The appeals filed against the order of the Tribunal on the question arising under s. 201(1) of the Act and ITA Nos. 38, 41 & 43 of 2000 are filed against the order of the Tribunal on the question of imposition of interest under s. 201(1A)

High Court Of Kerala CIT vs. Trichur Co-Operative Bank Ltd. Sections 201(1), 201(1A), 231 Asst. Year 1986-87, 1988-89 G. Sivarajan & J.M. James, JJ. IT Appeal Nos. 27, 38, 41 to 43 & 50 of 2000 16th June, 2003 Counsel Appeared P.K.R. Menon & George K. George, for the Appellant : Arikkat Vijayan Menon & Harisankar …

Calcutta H.C : By this writ application the writ petitioner has prayed for setting aside the decision to initiate prosecution against the petitioner under s. 276B of the IT Act, 1961, for the financial years mentioned in the prayer portion of this writ application.

High Court Of Calcutta Shaw Wallace & Co. Ltd. vs. CIT & Ors. Sections 276B, Art. 226 Bhaskar Bhattacharya, J. Writ Petn. No. 992 of 2003 11th June, 2003 JUDGMENT BHASKAR Bhattacharya, J. : By this writ application the writ petitioner has prayed for setting aside the decision to initiate prosecution against the petitioner under s. …
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