Month: November 2003

Kerala H.C : Liability of an assessee to pay interest under s. 220(2) of the IT Act, 1961, after fresh demand is raised on the basis of appellate order is the issue to be decided in this case.

High Court Of Kerala Smt. B. Indira Rani vs. CIT & ORS. Sections 220(2) Asst. Year 1984-85 J.B. Koshy & K. Thankappan, JJ. Writ Appeal No. 227 of 1999 29th November, 2003 Counsel Appeared C. Kochunny Nair, for the Appellant : P.K. Ravindranatha Menon & George K. George, for the Respondents JUDGMENT J.B. Koshy, J. : …

Bombay H.C : The petitioners seek to challenge the action on the part of the respondent No. 1 in relation to issuance of notices dt. 28th Jan., 2003 under s. 148

High Court Of Bombay Ajanta Pharma Ltd. vs. Assistant Commissioner Of Income Tax & Ors. Sections Art. 22, 148 Asst. Year 1998-99 to 2000-01 R.M.S. Khandeparkar & J.P. Devadhar, JJ. Writ Petn. Nos. 1705, 1776 & 1818 of 2003 29th November, 2003 Counsel Appeared J.D. Mistri with Sanjiv M. Shah & G.G. Agarwal, for the Petitioner …

Bombay H.C : Whether in determining the capital gains chargeable to tax can the AO have regard to a so- called notional benefit in determining the full value of the consideration that accrues or arises as a result of the transfer ?

High Court Of Bombay Mrs. Alpana Chinai vs. Income Tax Officer Sections 52(2) Asst. Year 1986-87 R.M.S. Khandeparkar & J.P. Devadhar, JJ. Tax Appeal No. 1071 of 2000 29th November, 2003 Counsel Appeared J.D. Mistry with Rajesh Shah, for the Appellant : R.V. Desai with P.S. Jetly, for the Respondent JUDGMENT J.P. Devadhar, J. : This …

Kerala H.C : The appellant’s residential and business premises were searched under s. 132 of the IT Act. Cash amount of Rs. 5,90,000 and jewellery weighing 3839.100 gms, which was valued at Rs. 16,12,422 were seized.

High Court Of Kerala Andrew Nettikkadan vs. Assistant Commissioner Of Income Tax & Ors. Sections Art. 226, 116, 154, 245F Asst. Year 1985-86, 1986-87, 1987-88, 1988-89, 1989-90, 1990-91, 1991-92, 1992-93, 1993-94, 1994-95 Jawahar Lal Gupta, C.J. & N.K. Sodhi, J. Writ Appeal No. 1970 of 2003 28th November, 2003 Counsel Appeared Dale P. Kurien, for the …

Madhya Pradesh H.C : Whether this Court should entertain the writ or decline to entertain it on the ground of availability of alternative remedy of appeal under s. 253 of the IT Act to the Tribunal?

High Court Of Madhya Pradesh Omprakash Bagdia (HUF) vs. CIT & Ors. Section 251, 253, Art. 226, Art. 227 A.M. Sapre, J. Writ Petn. No. 1075 of 2003 28th November, 2003 Counsel Appeared : P.M. Choudhary, for the Petitioner JUDGMENT A.M. sapre, J. : The petitioner-an income-tax assessee seeks to challenge the order, dt. 14th May, …

Madras H.C : The remuneration paid by the assessee-firm to one of its partners who was a partner in his capacity as Karta of the HUF was not taxable in computing the total income of the assessee-firm and that the provisions of s. 40(b) of the IT Act are not attracted.

High Court Of Madras CIT vs. Packwell (Karnataka) Industries Section 40(b) Asst. Year 1982-83 R. Jayasimha Babu & S.R. Singharavelu, JJ. Tax Case No. 99 of 2000 25th November, 2003 Counsel Appeared : Mrs. Pushya Sitaraman, for the Revenue : P.P.S. Janarthana Raja, for the Assessee JUDGMENT R. Jayasimha Babu, J. : The assessment year in …

Kerala H.C : Petitioner’s property was acquired and an award was passed on 24th Nov., 1999, fixing the compensation at Rs. 3,85,468. As per s. 194L of the IT Act, 10 per cent of the above compensation amount should have been withheld by the land acquisition authority towards income-tax and only the rest of the amount should have been disbursed.

High Court Of Kerala Kottappalakkudath Khadeeja vs. Special Tahsildar Sections 194L R. Rajendra Babu, J. Writ Petn. No. 29199 of 2003 24th November, 2003 Counsel Appeared Smt. T.D. Rajalakshmi & E.R. Venkateswaran, for the Petitioner : George K. George & Smt. M.J. Rajasree, for the Respondent JUDGMENT R. RAJENDRA BABU, J. : Petitioner’s property was acquired …

Punjab & Haryana H.C : The petitioner, i.e., M/s Punjab Leasing (P) Ltd., Amritsar, is engaged in the business of financing of vehicles and consumer durables on “hire-purchase basis” as well as on “lease/rent basis”.

High Court Of Punjab & Haryana Punjab Leasing (P) Ltd. vs. Assistant Commissioner Of Income Tax Sections 147, 148 Asst. Year 1993-94 J.S. Khehar & Hemant Gupta, JJ. Civil Writ Petn. No. 3762 of 2003 24th November, 2003 Counsel Appeared Salil Kapoor, for the Petitioner : Dr. N.L. Sharda, for the Respondent JUDGMENT J.S. Khehar, J. …

Calcutta H.C : Petitioner made an application in respect of asst. yrs. 1984-85 and 1987-88 to 1990-91 for waiver of penalty leviable under s. 271(1)(c)(iii) and interest payable under the said Act

High Court Of Calcutta Satish Kapur vs. CIT Sections Art. 226, 154, 246(1)(c), 253(1)(c), 271(1)(c), 273A Asst. Year 1984-85, 1987-88, 1989-90, 1990-91 Aloke Chakrabarti & S.K. Gupta, JJ. GA No. 275 of 2002 & APOT No. 44 of 2002 24th November, 2003 Counsel Appeared J.P. Khaitan, for the Petitioner : Biswanath Samaddar, for the Respondent JUDGMENT …
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