Month: November 2004

Gujarat H.C : Whether, on the facts and in the circumstances of the case, both the CIT(A) and Tribunal are right in view in deleting the addition of Rs. 1,11,015 as made by the ITO on account of suppression of stock of steel rounds ?

High Court Of Gujarat CIT vs. P. Pravin & Co. Sections 40A(3), 69, Rule 6DD(J) Asst. Year 1979-80 D.A. Mehta & Ms. H.N. Devani, JJ. IT Ref. No. 186 of 1991 30th November, 2004 Counsel Appeared Manish R. Bhatt with Mrs. M.M. Bhatt, for the Applicant : None, for the Respondent JUDGMENT D.A. Mehta, J. : …

Gujarat H.C : Whether, on the facts and in the circumstances of the case, both the CIT(A) and Tribunal are right in view in deleting the addition of Rs. 1,11,015 as made by the ITO on account of suppression of stock of steel rounds ?

High Court Of Gujarat CIT vs. P. Pravin & Co. Sections 40A(3), 69, Rule 6DD(J) Asst. Year 1979-80 D.A. Mehta & Ms. H.N. Devani, JJ. IT Ref. No. 186 of 1991 30th November, 2004 Counsel Appeared Manish R. Bhatt with Mrs. M.M. Bhatt, for the Applicant : None, for the Respondent JUDGMENT D.A. Mehta, J. : …

AAR : Whether the income derived by the applicant, a company incorporated in and tax resident of U.K., from trading in exchange traded derivative instruments in India would be taxable in India having regard to the provisions of the Double Tax Avoidance Agreement between India and U.K. (‘the DTAA’) ?

Authority For Advance Rulings Morgan Stanley & Co. International Limited, In Re Sections DTAA between India & UK, Art. 5, DTAA between India & UK, Art. 7, DTAA between India & UK, Art. 14, 90 Syed Shah Mohammed Quadri, J., Chairman & K.D. Singh, Member AAR No. 611 of 2003 29th November, 2004 Counsel Appeared Gautam …

Madhya Pradesh H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in deleting the addition of Rs. 55,677 particularly when the assessee had consented to the addition of Rs. 1 lakh, which was spread over by the Dy. CIT(A) over a period of three years ?

High Court Of Madhya Pradesh : Indore Bench CIT vs. Smt. Aparajitha Shantilal Mahajan Section 69 A.M. Sapre & Ashok Kumar Tiwari, JJ. IT Ref. No. 19 of 1997 29th November, 2004 Counsel Appeared None, for the Revenue : R. Gilda, for the Assessee JUDGMENT A.M. Sapre, J. : This is an income-tax reference made under …

Madhya Pradesh H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in deleting the addition of Rs. 55,677 particularly when the assessee had consented to the addition of Rs. 1 lakh, which was spread over by the Dy. CIT(A) over a period of three years ?

High Court Of Madhya Pradesh : Indore Bench CIT vs. Smt. Aparajitha Shantilal Mahajan Section 69 A.M. Sapre & Ashok Kumar Tiwari, JJ. IT Ref. No. 19 of 1997 29th November, 2004 Counsel Appeared None, for the Revenue : R. Gilda, for the Assessee JUDGMENT A.M. Sapre, J. : This is an income-tax reference made under …

Punjab & Haryana H.C : Whether, on the facts and in the circumstances of the case and in view of the provisions of s. 80HH(9), the Tribunal is right in holding that the deduction under ss. 80HH and 80-I are independent deductions and are to be allowed with reference to the gross total income ?

High Court Of Punjab & Haryana CIT vs. S.B. Oil Industries (P) Ltd. Sections 80HH, 80-I, 256(2) Asst. Year 1988-89 G.S. Singhvi & M.M. Aggarwal, JJ. IT Case No. 22 of 1998 29th November, 2004 Counsel Appeared Rajesh Bindal, for the Petitioner : None, for the Respondent JUDGMENT G.S. Singhvi, J. : In this petition filed …

Madhya Pradesh H.C : Whether possession of heroin in contravention of the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, can be treated to be stock-in-trade possessed by a medical practitioner ?

High Court Of Madhya Pradesh : Indore Bench CIT vs. Dr. T.A. Qureshi Section 37, Expln. Asst. Year 1986-87 A.M. Sapre & Ashok Kumar Tiwari, JJ. IT Appeal No. 33 of 1999 29th November, 2004 Counsel Appeared : R.L. Jain with Ku. V. Mandlik, for the Appellant : D.K. Chhabra, for the Respondent JUDGMENT A.M. Sapre, …

Gujarat H.C : Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in setting aside the order passed by the CIT under s. 263 of the IT Act and thereby restoring the order passed by the ITO ?

High Court Of Gujarat CIT vs. Advance Construction Co. (P) Ltd. Sections 1981FA 2(7)(c), 28(i), 145 Asst. Year 1982-83 D.A. Mehta & H.N. Devani, JJ. IT Ref. No. 175 of 1991 25th November, 2004 Counsel Appeared Manish R. Bhatt, for the Petitioner : J.P. Shah with Manish J. Shah, for the Respondent JUDGMENT D.A. Mehta, J. …
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