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April 2005

Section 36, Section 37

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. 59,271 paid as incentive bonus was allowable expenditure ?

Avijit Das / April 20, 2005

High Court Of Allahabad CIT vs. U.P. Sales & Service Ltd. Section 36, 37 Asst. Year 1982-83 R.K. Agrawal & […]

Sec. 132A, Sec. 132B, Section 132

Rajasthan H.C : To declare the seizure of gold bullion on 9th Dec., 2004 (Annex. 2) to be null and void

Avijit Das / April 19, 2005

High Court Of Rajasthan : Jaipur Bench Suresh Val Chand Jain vs. Union Of India & Ors. Sections 132, 132B,

Sec. 269UD, Sec. 269UE

Gujarat H.C : granting application Exhibit A/107, a specific direction has been made that “sale proceeds of the property shall be deposited with the applicant-bank in interest-bearing deposit

Avijit Das / April 19, 2005

High Court Of Gujarat Panorama Builders (P) Ltd. vs. Union Of India Sections 269UD, 269UE D.A. Mehta & Ms. H.N.

Sec. 260A, Section 68

Rajasthan H.C : The respondent-assessee is a company and the issue relates to the asst. yr. 1997-98. The assessee-company has filed return of income declaring Rs. 3,700 as income for the relevant assessment year

Avijit Das / April 19, 2005

High Court Of Rajasthan CIT vs. First Point Finance Ltd. Sections 68, 260A Asst. Year 1997-98 Rajesh Balia & Dinesh

Sec. 139(1), Section 139, Section 80

Allahabad H.C : Whether, on the facts and in the circumstances of the case, learned Tribunal was legally correct in directing the AO to allow carry forward of business loss in asst. yr. 1988-89 in contravention of provisions of ss. 80 and 139(3) in this regard ?

Avijit Das / April 15, 2005

High Court Of Allahabad CIT vs. Rohit Organics (P) Ltd. Sections 80, 139(1), 139(3) Asst. Year 1988-89 R.K. Agrawal &

Madhya Pradesh H.C : Whether Tribunal was justified or/and had the jurisdiction to ignore the decision of High Court rendered in MCC No. 65/1993 decided on 20th Aug., 1996 on the ground that it does not lay down correct principles of law on the issue involved therein ?

Avijit Das / April 15, 2005

High Court Of Madhya Pradesh : Indore Bench National Textile Corporation Ltd. vs. CIT Section 256(2) Deepak Verma & A.M.

Allahabad H.C : Whether, on the facts and circumstances of the case, the Tribunal was correct in law in confirming the order of the CIT(A) directing the AO to allow deduction under s. 80HHC of the IT Act, subject to various conditions being duly complied with ?

Avijit Das / April 15, 2005

High Court Of Allahabad CIT vs. Eastern Novelties Corporation Section 80HHC Asst. Year 1986-87 R.K. Agrawal & Rajes Kumar, JJ.

Madhya Pradesh H.C : They have not committed the violation of the provisions of s. 269T

Avijit Das / April 13, 2005

High Court Of Madhya Pradesh : Indore Bench Union Of India vs. Kalpana Dal Mills & Ors. Section 276E Asst.

Sec. 254(2), Section 254

Allahabad H.C : Whether, on the facts and in the circumstances of the case, learned Tribunal was justified in law in recalling its order dt. 31st Jan., 1984 after considering the assessee’s request for adjournment on merits and also after rejecting the assessee’s first miscellaneous application ?

Avijit Das / April 13, 2005

High Court Of Allahabad CIT vs. Kamal Bhai Ismilji Section 254(2) Asst. Years 1977-78, 1978-79 R.K. Agrawal & Rajes Kumar,

Sec. 45Q, Section 45

Gujarat H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee-company was not a financial company within the meaning of cl. (c) of Explanation to sub-s. (8) of s. 40A of the IT Act, 1961, and, therefore, the ITO was justified in making disallowance from expenditure by way of interest paid by the assessee on deposits ?

Avijit Das / April 12, 2005

High Court Of Gujarat Barkha Investment & Trading Co. vs. CIT Section 40A(8),Non-Banking Financial Companies (Reserve Bank) Directions, 1977, cls.

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