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January 2004

Calcutta H.C : This is an appeal under s. 260A of the IT Act, 1961, challenging the judgment and order passed by the Tribunal on 14th Jan., 2003, dealing with the assessment of income of the petitioner-company for the asst. yr. 1996-97.

Avijit Das / January 16, 2004

High Court Of Calcutta Jagatdal Jute & Industries Ltd. vs. CIT & Anr. Sections 154 Asst. Year 1996-97 Aloke Chakrabarty […]

Sec. 244A, Section 214, Section 237, Section 240, Section 244

Bombay H.C : The order rejecting the claim for interest on interest is sought to be challenged while contending that the petitioners are entitled to be paid with the interest at the rate of 15 per cent

Avijit Das / January 16, 2004

High Court Of Bombay Sandvik Asia Ltd. vs. CIT & Ors. Sections 214, 237, 240, 244, 244A Asst. Year 1977-78,

Section 187, Section 188

Delhi H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that there should be two separate assessments in respect of the periods?

Avijit Das / January 15, 2004

High Court Of Delhi CIT vs. Delhi Haryana Dall Mills Sections 187(2), 188 Asst. Year 1978-79 B.C. Patel, C.J. &

Section 187, Section 188

Delhi H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that there should be two separate assessents in respect of the periods?

Avijit Das / January 15, 2004

High Court Of Delhi CIT vs. Delhi Haryana Dall Mills Sections 187(2), 188 Asst. Year 1978-79 B.C. Patel, C.J. &

Income Tax Case Laws

S.C : This batch of matters, some appeals by special leave under Article 136 of the Constitution and some writ petitions filed in this Court, raise a few questions of constitutional significance centering around Entries 52, 54 and 97 in List I and Entries 23, 49, 50 and 66 in List II of the Seventh Schedule to the Constitution of India as also the extent and purport of the residuary power of legislation vested in the Union of India.

Avijit Das / January 15, 2004

Supreme Court Of India State Of West Bengal vs. Kesoram Industries Ltd. & Ors. Constitution of India, Sch. VII, List

Sec. 5(1)(i), Section 5

Gujarat H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that public charitable trust had been validly created by the will executed by the deceased and as such exemption under s. 5(1)(i) was allowable?

Avijit Das / January 15, 2004

High Court Of Gujarat Commissioner Of Wealth Tax vs. Devar Kavasji T. Modi Executors & Trustees Of Late Dr. T.D.

Sec. 37(1), Section 32AB, Section 37

Calcutta H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in rejecting the claim of subscription paid to Borsola Gymkhana Club for repairs of club building, which was destroyed by fire, of Rs. 5,00,000 on the ground that the assessee was not the owner of the club building, although its employees are members of this club ?

Avijit Das / January 15, 2004

High Court Of Calcutta Assam Brook Ltd. vs. CIT Sections 32AB, 37(1) Asst. Year 1989-90 Aloke Chakrabarti & Sadhan Kumar

Sec. 245D, Sec. 245F, Section 116, Section 145, Section 245

Gujarat H.C : The petitioners have filed these petitions under Art. 226 of the Constitution of India challenging the orders passed by the Settlement Commission, respondent No. 2 herein, on 20th March, 2003, under s. 154 of the IT Act

Avijit Das / January 15, 2004

High Court Of Gujarat AOP Of Sanjaybhai R. Patel & 11 Ors. vs. Assessing Officer Sections 116, 154, 245D, 245F,

Calcutta H.C : The writ petitioner/appellant-Shaw Wallace & Co. Ltd. (SWCL) had assailed the notices issued under s. 226(3)(x) of the IT Act, 1961 (the Act), against the Andhra Pradesh Beverages Corpn. Ltd. (APBCL) as debtor of SWCL, the garnishee against whom a notice under s. 226(3) of the Act was issued, seeking to recover the tax due and payable by Visisth Chay Vyapar Ltd. (VCVL) in respect of the amount due and payable by SWCL, the garnishee to VCVL, the decree-holder, pursuant to a decree obtained by the latter against the former.

Avijit Das / January 15, 2004

High Court Of Calcutta Shaw Wallace & Co. Ltd. & Anr. vs. Union Of India & Ors. Sections 2(7), 226(3)(x),

Gujarat H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in restoring the matter to the AAC for fresh decision of the appeals when the assessee had not filed any appeal against the additions which have been sustained by the AAC?

Avijit Das / January 15, 2004

High Court Of Gujarat CIT vs. P.B. Corporation Section 254(1), CPC Order 41, R. 33, Asst. Year 1979-80, 1980-81, 1981-82,

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