Month: July 2004

Allahabad H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that despite the inquiries made by the CIT beyond the record of assessment, the CIT was well within his jurisdiction in passing the order under s. 263 based on the record of assessment ?

High Court Of Allahabad Pt. Lashkari Ram vs. CIT Section 263 R.K. Agrawal & K.N. Ojha, JJ. IT Ref. No. 161 of 1984 30th July, 2004 Counsel Appeared Vikram Gulati, for the Assessee : A.N. Mahajan, for the Revenue JUDGMENT By the court : The Tribunal, Allahabad, has referred the following question of law under s. …

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 ?

High Court Of Allahabad Controller Of Estate Duty vs. Ravinder Kumar Agarwal Section ED 33(1)(n), ED 44 R.K. Agrawal & K.N. Ojha, JJ. ED Ref. No. 189 of 1980 30th July, 2004 Counsel Appeared : A.N. Mahajan, for the Controller : R.K. Jain, for the Accountable person JUDGMENT By the court : The Tribunal, Delhi, has …

Madras H.C : Whether, on the facts and circumstances of the case, the Tribunal had enough material to hold, and was right in law in holding that the Government securities held by the assessee-bank are to be treated as stock-in-trade and not investment ?

High Court Of Madras CIT vs. Karur Vysya Bank Ltd. Section 145 Asst. Year 1986-87 P.D. Dinakaran & N. Kannadasan, JJ. Tax Case (Appeal) No. 370 of 2004 29th July, 2004 Counsel Appeared : K. Subramaniam, for the Appellant JUDGMENT P.D. Dinakaran, J. : Heard. The appeal is preferred against the order of the Tribunal, Madras, …

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?

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. & Badar Durrez Ahmed, J. IT Ref. Nos. 404 & 405 of 1983 29th July, 2004 Counsel Appeared R.D. Jolly with Ms. Rashmi, for the Appellant : Rajat Naval, for the Respondent JUDGMENT B.C. Patel, C.J. …

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) ?

High Court Of Allahabad Balwant Rai & Company vs. CIT Section 271(1)(c), Expln. 1 Asst. Year 1975-76 R.K. Agrawal & K.N. Ojha, JJ. IT Ref. No. 41 of 1984 27th July, 2004 Counsel Appeared Vikram Gulati, for the Assessee : A.N. Mahajan, for the Revenue JUDGMENT by the court : The Tribunal, Allahabad, has referred the …

Madhya Pradesh H.C : The petitioner co-operative bank as against the order (P-3), dt. 29th Jan., 2004 passed by Asstt. CIT, in exercise of power under s. 142(2A)

High Court Of Madhya Pradesh Jharneshwar Nagrik Sahakari Bank Maryadit vs. Union Of India & Ors. Section 142(2A) Arun Mishra, J. Writ Petn. No. 1140 of 2004 27th July, 2004 Counsel Appeared Sumit Nema, for the Petitioner : Rohit Arya with Ajit Ade, for the Respondents ORDER Arun Mishra, J. : This writ petition has been …

Allahabad H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in allowing various expenses against the income from other sources?

High Court Of Allahabad CIT vs. Kisan Sahkari Chini Mills Ltd. Section 57(iii) Asst. Year 1978-79, 1979-80 R.K. Agrawal & K.N. Ojha, JJ. IT Ref. No. 5 of 1984 27th July, 2004 Counsel Appeared A.N. Mahajan, for the Revenue : None, for the Assessee JUDGMENT By the court : The Tribunal, Allahabad, has referred the following …
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