Month: April 2005

Punjab & Haryana H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in cancelling the penalties imposed on the assessee under s. 271B on the ground that same were not exigible in a case where the audit report under s. 44AB had been obtained on or before the specified date and the same was filed along with a return other than a return under s. 139(1) and no notice had been issued to the assessee by the AO under s. 142(1)(i) ?

High Court Of Punjab & Haryana CIT vs. K.K. Spun Pipe Sections 44AB, 271B Asst. Years 1989-90, 1990-91 D.K. Jain, C.J. & Hemant Gupta, J. IT Ref. Nos. 45 & 46 of 1998 30th April, 2005 Counsel Appeared : Rajesh Bindal, for the Revenue : None, for the Assessee ORDER D.K. Jain, C.J. : Income-tax Appellate …

Madras H.C : Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the expenditure incurred by the assessee during the accounting year on the cost of carding system (Rs. 31,22,679) was amount paid on current repairs and allowable under s. 31 of the IT Act ?

High Court Of Madras CIT & ORS. vs. Janakiram Mills Ltd. & Ors. Sections 31, 37, 256, 260A Asst. Year 1986-87 P. Sathasivam & S.K. Krishnan, JJ. Tax Case (Ref.) Nos. 144, 408 & 409 of 1999, 70 of 2000 & 30 of 2001; Tax Case (Appeal) Nos. 46 of 2000, 231 of 2001, 48, 53, …

Allahabad H.C : Deduction under s. 36(1)(viii) should be regulated with reference to the total income computed before making any deduction under s. 36(1)(viii)

High Court Of Allahabad CIT vs. Uttar Pradesh Financial Corporation Section 36(1)(viii) Asst. Years 1983-84, 1984-85 R.K. Agrawal & Rajes Kumar, JJ. IT Ref. No. 117 of 1997 29th April, 2005 Counsel Appeared : A.N. Mahajan, for the Revenue : None, for the Assessee JUDGMENT By the court : The Tribunal, New Delhi has referred to …

Allahabad H.C : No notice as provided under the proviso to s. 144 of the Act has been served upon the petitioner and as such, the assessing authority was incorrect in making the best judgment assessment by applying the provision of s. 144

High Court Of Allahabad Malik Packaging vs. CIT Section 144 Asst. Year 1994-95 R.K. Agrawal, J. Civil Misc. Writ Petn. No. 969 of 2000 29th April, 2005 Counsel Appeared R.S. Agrawal, for the Assessee : Govind Krishna, for the Revenue JUDGMENT R.K. Agrawal, J. : By means of the present writ petition filed under Art. 226/227 …

Madhya Pradesh H.C : Whether, on the facts and in the circumstances of the case and in law, the Tribunal was justified in setting aside the order of the AO and CIT(A) for both the years when the reference application under s. 256(1) filed on questions of law against the quashing of order under s. 263 of the IT Act, 1961, is still undecided ?

High Court Of Madhya Pradesh : Indore Bench CIT vs. Smt. Kiran Devi Kailashchand Section 260A Asst. Years 1986-87, 1987-88 Deepak Verma & A.M. Sapre, JJ. IT Appeal Nos. 13 & 14 of 2001 28th April, 2005 Counsel Appeared R.L. Jain with Ku. Veena Mandlik, for the Appellant : B.K. Joshi & H. Joshi, for the …

Allahabad H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in allowing a deduction of Rs. 6,02,125 in the asst. yr. 1978-79 ?

High Court Of Allahabad CIT vs. U.P. Small Industries Corpn. Ltd. Section 37(1) Asst. Year 1978-79 R.K. Agrawal & Rajes Kumar, JJ. IT Ref. No. 66 of 1989 27th April, 2005 Counsel Appeared Shambhu Chopra, for the Revenue : None, for the Assessee JUDGMENT By the court : The Tribunal, Allahabad has referred the following question …

Allahabad H.C : Whether, on the facts and in the circumstances of the case, the learned Tribunal was justified in holding that the penalty under s. 271(1)(c) was not leviable ?

High Court Of Allahabad CIT vs. Mohan Lal Sharma Section 271(1)(c) Asst. Year 1987-88 R.K. Agrawal & Rajes Kumar, JJ. IT Ref. No. 61 of 1994 27th April, 2005 Counsel Appeared R.K. Upadhaya, for the Appellant : Shakeel Ahmad, for the Respondent JUDGMENT Rajes Kumar, J. : Tribunal has referred the following question of law under …

Allahabad H.C : Whether, on the facts and in the circumstances of the case, the Hon’ble Tribunal was justified in confirming the deletion of Rs. 1,81,000 being disallowance of interest?

High Court Of Allahabad CIT vs. Prem Heavy Engineering Works (P) Ltd. Section 36(1)(iii) Asst. Year 1984-85 R.K. Agrawal & Rajes Kumar, JJ. IT Ref. No. 89 of 1996 25th April, 2005 ORDER By the court : The Tribunal, New Delhi, has referred the following question of law under s. 256(2) of the IT Act, 1961, …

Allahabad H.C : Whether, on the facts and circumstances of the case, the Tribunal was justified in holding that the conditions laid down in Expln. 5(2) to s. 271(1)(c) were fulfilled and no penalty was leviable under s. 271(1)(c) ?

High Court Of Allahabad CIT vs. Radha Kishan Goel Sections 132, 271 Asst. Year 1989-90 R.K. Agrawal & Rajes Kumar, JJ. IT Ref. No. 111 of 1993 21st April, 2005 Counsel Appeared A.N. Mahajan, for the Revenue : Shakeel Ahmad, for the Assessee JUDGMENT Rajes Kumar, J. : The Tribunal has referred the following question under …
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