July 2004

Income Tax Case Laws

Allahabad H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the amount of Rs. 55,350 should be deducted from the value of the estate ignoring the fact that the value of the house taken by the deceased from Avas Avam Vikas Parishad under the hire-purchase tenancy agreement was required to be estimated on the basis of instalment actually paid by the deceased ?

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High Court Of Allahabad Controller Of Estate Duty vs. Ravinder Kumar Agarwal Section ED 33(1)(n), ED 44 R.K. Agrawal &

Section 37, Section 80, Section 80J

Delhi H.C : Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in confirming the order of the CIT(A) in deleting the disallowance ofentertainment expenditure made by the ITO to the extent of Rs. 98,007/Rs. 47,921 in the asst. yrs. 1974-75, 1975-76, respectively, despite the express provisions contained in s. 37(2B) of the IT Act?

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High Court Of Delhi CIT vs. Modern Bakeries India Ltd. Sections 37(2B), 80J Asst. Year 1974-75, 1975-76 B.C. Patel, C.J.

Sec. 271(1)(c )

Allahabad H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in invoking at the Tribunal’s stage the provisions of the Expln. 1 to s. 271(1)(c) of the IT Act, 1961, as applicable w.e.f. 1st April, 1976 and in thereby upholding the imposition of the penalty of Rs. 13,000 on the assessee under s. 271(1)(c) ?

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High Court Of Allahabad Balwant Rai & Company vs. CIT Section 271(1)(c), Expln. 1 Asst. Year 1975-76 R.K. Agrawal &

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