November 2004 - Page 2 of 6

AAR : Whether the granting of loan amounting to Rs. 360 millions by the applicant, being a nonresident corporate assessee, in favour of Datex-Ohmeda (India) (P) Ltd. (hereinafter referred to as “Datex”), which is its wholly- owned subsidiary company incorporated in India, without charging any interest, and accordingly without adhering to the principles of arm’s length price, actually results in the Government exchequer or the tax revenue of the country being benefited ?

Avijit Das / November 25, 2004

Authority For Advance Rulings Instrumentarium Corporation, In Re Sections 92, 92(3), 245N(a), 245R(2), Proviso Syed Shah Mohammed Quadri, J., Chairman […]

Section 263

Allahabad H.C : No enquiries need be made by the ITO relating to the issue of transfer of property in favour of wife in lieu of Mehar and investment in property, once it had given finding that the CIT was correct in fact and in law in setting aside the order of the ITO as the ITO had framed the assessment without making proper enquiries

Avijit Das / November 25, 2004

High Court Of Allahabad CIT vs. Shekh Mohammad Arif Section 263 Asst. Year 1979-80, 1980-81 R.K. Agrawal & Prakash Krishna,

Section 154

Allahabad H.C : Whether, on the facts and in the circumstances of the case, the Tribunal has been correct in law in upholding the CIT(A)’s order directing accepting of the assessee’s request made under s. 154 of the IT Act, 1961, that it was an industrial undertaking and the mistake of its being treated as nonindustrial one, was apparent on the face of the record in respect of asst. yrs. 1972-73 to 197576 ?

Avijit Das / November 25, 2004

High Court Of Allahabad CIT vs. Wajid Sons (P) Ltd. Section 154 Asst. Years 1972-73, 1973-74, 1974-75, 1975-76 R.K. Agrawal

Sec. 132B

Delhi H.C : The respondents be directed to pay interest on Rs. 6,49,250 from 25th Oct., 1985 to 9th April, 1990, which is the date of refund of the amount, at the rate of 15 per cent per annum, and further interest on the above amount of Rs. 6,49,210 at the rate of 15

Avijit Das / November 25, 2004

High Court Of Delhi Ashok Kumar Aggarwal vs. Director (Grievance Cell), CBDT & Ors. Section 132B, ART. 226 B.C. Patel,

Section 90

Gujarat H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that retention remuneration received by the assessee in foreign currency from his foreign employer was liable to be included in the total income of the assessee ?

Avijit Das / November 25, 2004

High Court Of Gujarat Emmerich Jaegar vs. CIT Sections : DTAA between India & Austria, ART. 14, 90 D.A. Mehta

Section 226

Kerala H.C : Where in respect of an industrial company, an inquiry under s. 16 is pending or any scheme referred to under s. 17 is under preparation or consideration or a sanctioned scheme is under implementation or where an appeal under s. 25 relating to an industrial company

Avijit Das / November 23, 2004

High Court Of Kerala Punalur Paper Mills Ltd. vs. Assistant Commissioner Of Income Tax & Ors. Section 226(3), Sick Industrial

Section 80HHC

Supreme H.C : Where an assessee, being an Indian company or a person (other than a company) resident in India, is engaged in the business of export out of India of any goods or merchandise to which the section applies, there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee, a deduction of the profits derived by the assessee from the export of such goods or merchandise.

Avijit Das / November 23, 2004

Supreme Court Of India Gem Granites vs. CIT Section 80HHC(2)(b) Asst. Year 1984-85, 1987-88, 1989-90 Mrs. Ruma Pal, Arijit Pasayat

Sec. 271(1)(c )

Allahabad H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in reviewing its own finding recorded in the quantum appeal and in holding that earlier finding was not correct on fact ?

Avijit Das / November 23, 2004

High Court Of Allahabad CIT vs. Mata Prasad Section 271(1)(c) Asst. Year 1973-74 R.K. Agrawal & Prakash Krishna, JJ. IT

Section 147, Section 148

Allahabad H.C : Challenging the validity of three notices issued under s. 148

Avijit Das / November 23, 2004

High Court Of Allahabad Farrukhabad Gramin Bank vs. Income Tax Officer Section 147, 148 Asst. Year 1995-96 to 1997-98 R.K.

Sec. 260A, Section 260

Bombay H.C : The case does not involve such question : Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the Court to hear, for reasons to be recorded, the appeal on any other substantial question of law not formulated by it, if it is satisfied that the case involves such question.

Avijit Das / November 23, 2004

High Court Of Bombay Chem Amit vs. Assistant Commissioner Of Income Tax Section 260A R.M. Lodha & J.P. Devadhar, JJ.