February 2004

Sec. 40(c), Section 40

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) ?

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High Court Of Delhi CIT vs. Bahami Prints (P) Ltd. Section 40(c), 40A(5) B.C. Patel, C.J. & Badar Durrez Ahmed, […]

Sec. 37(3), Sec. 43(3), Section 32A

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 ?

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High Court Of Gujarat CIT vs. Sayaji Iron & Engg. (P) Ltd. Sections 32A(2), 37(3), 43(3), Rule 6D Asst. Year

Sec. 35B, Sec. 37(1), Sec. 40(c), Section 32, Section 35, Section 80-O, Section 80VV

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 ?

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High Court Of Punjab & Haryana Atlas Cycle Industries Ltd. vs. CIT Sections 32, 35B, 37(1), 40(c), 80-O, 80VV Asst.

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