Month: June 2004

Madhya Pradesh H.C : Whether appeal involves any substantial question of law out of the impugned order of the Tribunal, or in other words, whether two questions proposed by the appellant involve any substantial questions so as to admit the appeal?

High Court Of Madhya Pradesh : Indore Bench CIT vs. Sanghi Finance & Investment Ltd. Sections 5, 260A Asst. Year 1994-95 A.M. Sapre & Ashok Kumar Tiwari, JJ. IT Appeal No. 31 of 2004 21st June, 2004 Counsel Appeared R.L. Jain, for the Appellant JUDGMENT A.M. Sapre, J. : This is an appeal filed by the …

Calcutta H.C : The person authorising, as it appears from the affidavit-in-opposition, has no jurisdiction to pass any order of authorisation as he is not the officer as contemplated under s. 132(9A)

High Court Of Calcutta K.R. Modi & Co. vs. Deputy Director Of Income Tax (Investigation)& Ors. Section 132 Kalyan Jyoti Sengupta, J. Writ Petn. No. 933 of 2002 30th June, 2004 JUDGMENT Kalyan Jyoti Sengupta, J. : The petitioner being a partnership firm and an assessee of the income-tax initially challenged the search warrant dt. 16th …

Madras H.C : The AAC has no power to enhance the assessment suo motu under s. 31(5) of the Tamil Nadu Agrl. IT Act (hereinafter referred to as the “Act”).

High Court Of Madras State Of Tamil Nadu vs. Devagiri Estate Section TN Agrl. IT Act, 31(5) N.V. Balasubramanian & M. Thanikachalam, JJ. Tax Case No. 501 of 1999 24th June, 2004 Counsel Appeared : T. Ayyasamy, for the Petitioner : None appeared for the Respondent JUDGMENT N.V. Balasubramanian, J. : This revision petition has been …

Calcutta H.C : The petitioner, an assessee under the IT Act, 1961, has challenged four notices, two dt. 11th Feb., 1983, and the other two dt. 29th March, 1983, all issued under s. 148 of the said Act. Initially, the first two notices dt. 11th Feb., 1983, under s. 148

High Court Of Calcutta Indian Tube Co. Ltd. vs. Income Tax Officer Section 148 Asst. Years 1974-75, 1975-76 Bhaskar Bhattacharya, J. C.R. No. 5743(W) of 1983 24th June, 2004 Counsel Appeared Dr. Devi Prosad Pal with Ms. Manisha Seal & Maloy Dhar, for the Petitioner : Rupendra Nath Mitra & Md. Nizamuddin, for the Respondent JUDGMENT …

Calcutta H.C : Whether, on the facts and circumstances of the case, s. 68 of the IT Act,1961, could be invoked against the company floating the shares even if it is on the facts found that the applicants who had been allotted shares are not genuine inasmuch as the applicant or the person who had paid the money would be the person against whom s. 68 would be invoked and not the assessee until the link between the assessee-company and the shareholders’ unaccounted money is established and thus it could not be regarded as undisclosed income of the assessee

High Court Of Calcutta Bhola Shankar Cold Storage (P) Ltd. vs. JCIT Section 68 Asst. Year 1996-97 D.K. Seth & R.N. Sinha, JJ. IT Appeal No. 181 of 2002 24th June, 2004 Counsel Appeared R.N. Dutta, Ms. Sutapa Roy Chowdhury & D.N. Dey, for the Appellant : D.K. Shome, for the Respondent JUDGMENT R.N. Sinha, J. …

Patna H.C : The assessee-appellant has filed this appeal under s. 260A of the IT Act, 1961 (hereinafter referred to as “the Act”), against the decision dt. 21st Dec., 2000, passed in ITA No. (SS) 25/Pat/1998 by the Tribunal, Patna Bench, Patna, by which the Tribunal has upheld with modification, the order dt. 28th Jan., 1998, passed by the AO (Asstt. CIT), Patna, under s. 158BC of the Act making assessment for the block period 1987-88 to 1997-98 (upto 27th Nov., 1996).

High Court Of Patna Dr. Oswald Anthony vs. CIT & Anr. Sections 132(1), 158BE Block period 1987-88 to 1997-98 Nagendra Rai & S.N. Hussain, JJ. IT Appeal from A.O. No. 204 of 2001 23rd June, 2004 Counsel Appeared Navniti Prasad Singh, for the Appellant : S. K. Sharan, for the Respondents JUDGMENT Nagendra Rai, J. : …

Karnataka H.C : Whether, the impugned notices vide Annex. C, C1 to C6 issued by the first respondent under s. 154 r/w s. 245F of the IT Act, 1961, are in accordance with law?

High Court Of Karnataka Queens Saree Collection & Ors. vs. Income Tax Settlement Commission & Anr. Sections 116, 154, 245F, ART. 226, ART. 227 Asst. Year 1993-94, 1995-96, 1996-97 N.K. Patil, J. Writ Petn. Nos. 27530 to 27539 of 2003 23rd June, 2004 Counsel Appeared D.L.N. Rao & Smt. S.R. Anuradha, for the Petitioners : M.V. …
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