Month: February 2004

Delhi H.C : Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that the provisions of s. 40(c) and not s. 40A(5) are applicable to the director-employees and on that ground deleting the disallowance of perquisites provided by the assessee-company to its directors in excess of the limits permitted in s. 40A(5) ?

High Court Of Delhi CIT vs. Bahami Prints (P) Ltd. Section 40(c), 40A(5) B.C. Patel, C.J. & Badar Durrez Ahmed, J. T Ref. Nos. 363 & 379 of 1984 26th February, 2004 Counsel Appeared : Ms. Prem Lata Bansal, for the Applicant : S.K. Khurana, for the Respondent JUDGMENT B.C. Patel, C.J. : These two references …

Gujarat H.C : Whether, on the facts and in the circumstances of the case and in law, the Tribunal is right in holding that the disallowance out of travelling expenses under the provisions of r. 6D of the IT Rules should be worked out by taking into consideration the yearwise details of such travelling expenses rather than trip-wise expenses ?

High Court Of Gujarat CIT vs. Sayaji Iron & Engg. (P) Ltd. Sections 32A(2), 37(3), 43(3), Rule 6D Asst. Year 1981-82 M.S. Shah & A.M. Kapadia, JJ. IT Ref. No. 384 of 1992 26th February, 2004 Counsel Appeared Mrs. Mona Bhatt, for the Petitioner : None, for the Respondent JUDGMENT M.S. Shah, J. : In this …

Punjab & Haryana H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee had not become the owner of the tenements agreed to be acquired from the Housing Board, Haryana, and was thus not entitled to depreciation in respect of these tenements ?

High Court Of Punjab & Haryana Atlas Cycle Industries Ltd. vs. CIT Sections 32, 35B, 37(1), 40(c), 80-O, 80VV Asst. Year 1976-77, 1977-78 N.K. Sud & Hemant Gupta, JJ. IT Ref. Nos. 100 & 101 of 1984 26th February, 2004 Counsel Appeared Rajesh Bindal, for the Assessee : A.S. Tewatia, for the Revenue JUDGMENT N.K. Sud, …

Karnataka H.C : The petitioners are assessees under the provisions of the Karnataka Agrl. IT Act, 1957. The petitioner in WP No. 41114 of 2003 filed his return of agricultural income for the asst. yr. 1996-97 on 18th March, 1998.

High Court Of Karnataka B.L. Srinivasa Gowda (HUF) & ANR. vs. Assistant Commissioner Ofagricultural Income Tax & Anr. Section KAR Agrl. 18(3A) Asst. Year 1995-96, 1996-97 D.V. Shylendra Kumar, J. Writ Petn. No. 41114 of 2003 b/w Writ Petn. No. 34039 of 2003 25th February, 2004 Counsel Appeared : S. Parthasarathi, for the Petitioner : Smt. …

Karnataka H.C : The grievance of the petitioners is that though they had sought for certain relief from the operation of the provisions of ss. 234A and 234B

High Court Of Karnataka H.M. Sathyanarayana Setty vs. CCIT Sections 234A, 234B, ART. 226 D.V. Shylendra Kumar, J. Writ Petn. Nos. 52450 of 2003 & 3884 of 2004 25th February, 2004 Counsel Appeared Dixit Alur Associates & Atul K. Alur, for the Petitioners : M.V. Seshachala, for the Respondent ORDER D.V. Shylendra Kumar, J. : In …

Bombay H.C : The petitioners are challenging the notice dt. 5th Nov., 2002, for reopening the assessment for asst. yr. 1996-97, issued by respondent No. 1, under s. 148

High Court Of Bombay Hindustan Lever Ltd. vs. R.B. Wadkar Section 147, proviso Asst. Year 1996-97 V.C. Daga & J.P. Devadhar, JJ. Writ Petn. No. 1505 of 2003 25th February, 2004 Counsel Appeared P.J. Paradiwala & Ajay Fernandes, for the Petitioner : R.V. Desai & P.S. Jetly, for the Respondent JUDGMENT V.C. Daga, J. : Rule, …

Bombay H.C : The said notice was without jurisdiction as the AO did not record in the reasons that there was failure on the part of the assessee to disclose fully and truly all material facts necessary for its assessment for that assessment year.

High Court Of Bombay Hindustan Lever Ltd. vs. R.B. Wadkar Sections 147, 148 Asst. Year 1997-98 V.C. Daga & J.P. Devadhar, JJ. Writ Petn. No. 1504 of 2003 25th February, 2004 Counsel Appeared P.J. Pardiwala & Ajay Fernandes, for the Petitioner : R.V. Desai & P.S. Jetly, for the Respondent JUDGMENT V.C. Daga, J. : Rule, …

Gujarat H.C : In this petition under Art. 226 of Constitution, notice for assessment, under Section 148 of the Income-tax Act, 1961 (for short ‘the Act’), is under challenge mainly on the ground of lack of jurisdiction.

High Court Of Gujarat Garden Finance Ltd. vs. Assistant Commissioner Of Income Tax Sections ART. 226, 148 Asst. Year 1996-97 D.H. Waghela, D.A. Mehta & M.S. Shah, JJ. Spl. Civil Appln. No. 12249 of 2002 25th/26th February, 2004 Counsel Appeared J.P. Shah with Manish J. Shah, for the Petitioner : B.B. Naik, for the Respondent JUDGMENT …
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