Month: June 2005

Bombay H.C : The trust created by the assessee for the benefit of his minor daughter in obedience to the terms of decree of divorce passed against him under the provisions of the Parsis Marriage & Divorce Act, 1936, in a suit brought against him by his wife, was for adequate consideration and, therefore, would not fall within the scope of s. 64(1)(vii)

High Court Of Bombay CIT vs. Behram B. Dubash Section 64(1)(vii) Asst. Years 1978-79, 1979-80 V.C. Daga & A.S. Aguiar, JJ. IT Ref. Nos. 328 of 1988 & 21 of 1989 30th June, 2005 Counsel Appeared Parag Vyas, for the Revenue : P.J. Pardiwala i/b Mulla & Mulla, for the Assessee JUDGMENT A.S. Aguiar, J. : …

Calcutta H.C : Whether, on the facts and circumstances of the case, the Tribunal was justified in law in holding that the interest-free advances were given for the purpose of business ignoring the fact that the condition as laid down under the provision of s. 36(1)(iii) of the IT Act were not fulfilled ?

High Court Of Calcutta CIT vs. Britannia Industries Ltd. Sections 2(41), 36(1)(iii) Asst. Years 1985-86, 1986-87, 1987-88, 1988-89, 1989-90 D.K. Seth & Maharaj Sinha, JJ. IT Appeal No. 260 of 2001 30th June, 2005 Counsel Appeared Shibdas Banerjee & P.K. Bhowmick, for the Appellant : Dr. Debi Prasad Pal, Malay Dhar & A. Sen, for the …

Madhya Pradesh H.C : The impugned order is an appealable order and hence, the proper course open to petitioner in such case is to first appeal to Tribunal under s. 254 ibid and then file further appeal to this Court if occasion so arises under s. 260A

High Court Of Madhya Pradesh : Indore Bench Motilal Bimalchand Jain (HUF) vs. CIT & Anr. Section ART. 226 A.M. Sapre, J. Writ Petn. No. 565 of 2005 30th June, 2005 Counsel Appeared P.M. Choudhary, for the Petitioner : Patankar, for the Respondents ORDER A.M. Sapre, J. : Having heard learned counsel for the petitioner and …

Bombay H.C : Whether or not the interest income derived from investment of surplus income of the universities and other educational institutions, existing solely for educational purposes and not for the purposes of profit, is exempted ?

High Court Of Bombay Trustees Of Vanita Vishram vs. CIT Section 10(22) Asst. Years 1979-80, 1980-81 V.C. Daga & A.S. Aguiar, JJ. IT Ref. No. 150 of 1988 29th June, 2005 Counsel Appeared V.H. Patil, for the Applicant : Parag Vyas, for the Respondent JUDGMENT V.C. Daga, J. : By this reference under s. 256(1) of …

Bombay H.C : Whether, on the facts and in the circumstances of the case, the Tribunal relying on the decision of Special Bench of Tribunal in the case of Shri Chhatrapati Sahakari Sakhar Karkhana Ltd. vs. Dy. CIT (1992) 43 TTJ (Pune)(SB) 90 : (1992) 198 ITR 78 (Pune)(SB)(AT) it was right in deleting the addition of Rs. 27,01,937 made on account of interest on NRD holding that the various funds/deposits deducted by the assessee-society out of the sugarcane purchase price payable to the cane growers are not trading receipts of the assessee ?

High Court Of Bombay CIT vs. Malegaon Sahakari Sakhar Karkhana Ltd. & Ors. Sections 4, 28(i) Asst. Years 1987-88, 1990-91, 1991-92, 1992-93, 1994-95 S. Radhakrishanan & J.H. Bhatia, JJ. IT Appeal Nos. 9, 10, 12, 19, 21, 24 & 26 to 28 of 1999 28th June, 2005 Counsel Appeared P.A. Vyas, for the Appellant : S.N. …

Bombay H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in deleting the penalty of Rs. 1,40,000 levied under s. 272A(2) r/w s. 285B of the IT Act ?

High Court Of Bombay CIT vs. Schell International Sections 272A(2)(c), 285B Dr. S. Radhakrishnan & J.H. Bhatia, JJ. IT Appeal No. 993 of 2000 28th June, 2005 Counsel Appeared Dr. P. Daniel, for the Revenue : Atul Jasani, for the Assessee JUDGMENT J.H. Bhatia, J. : The appeal filed by the Revenue under s. 260A of …

Bombay H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that for the asst. yr. 1980-81, no valid partnership could have been formed between I.P. Barot, representing his HUF as Karta and Shri Rajnikant I. Barot, and his son who was member of the said HUF ?

High Court Of Bombay Ishwar Bhuvan Hindu Hotel vs. CIT Sections 2(31), 184, 185 Asst. Years 1979-80, 1980-81 V.C. Daga & A.S. Aguiar, JJ. IT Ref. No. 73 of 1988 27th June, 2005 Counsel Appeared P.J. Pardiwala, for the Assessee : Ashok Kotangale, for the Revenue JUDGMENT A.S. Aguiar, J. : The substantial questions of law …

Madras H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in observing and directing the AO to disallow the entire claim of depreciation if the facts are found that the scaffolding materials at the time of termination of lease are not recovered ?

High Court Of Madras Express Newspapers Ltd. vs. DCIT Sections 32(1)(ii), 43(3) Asst. Year 1989-90 Markandey Katju, C.J. & F.M. Ibrahim Kalifulla, J. Tax Case (Appeal) No. 29 of 2003 22nd June, 2005 Counsel Appeared V.S. Jayakumar, for the Assessee : Mrs. Pushya Sitaraman, for the Revenue JUDGMENT Markandey Katju, C.J. : This appeal is filed …

Gauhati H.C : The benefit of exemption thereunder being extendable to the petitioners, consequential reliefs by way of annulment of the impugned orders and the related assessment proceedings.

High Court Of Gauhati Neepco Tribal Employees’ Welfare Association vs. Union Of India & Ors. Section 10(26), Art. 342, Art. 366(25) Asst. Year 2000-01 to 2002-03 Amitava Roy, J. Writ Petn. No. 200 (SH) of 2001 22nd June, 2005 Counsel Appeared : S.P. Sharma & B.K. Dey Roy, for the Petitioners : V.K. Jindal, L. Lyndoh, …
Malcare WordPress Security