Month: August 2005

Gujarat H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that initial depreciation allowed in asst. yr. 1982-83 on new hotel building is not deductible for arriving at WDV in view of the amendments effected by Finance Act, 1983 ?

High Court Of Gujarat CIT vs. Daudayal Hotels (P) Ltd. Sections 32(1)(v), 43(6)(b) Asst. Year 1985-86 D.A. Mehta & Ms. H.N. Devani, JJ. IT Ref. No. 41 of 1994 31st August, 2005 Counsel Appeared B.B. Naik, for the Applicant : None, for the Respondent JUDGMENT D.A. Mehta, J. : The Tribunal, Ahmedabad Bench “A” has referred …

Gujarat H.C : The decision of the Tribunal in the case of Rakesh S. Maradia vs. Dy. CIT (2002) 74 TTJ (Ahd) 836, more particularly when the decision of the Tribunal in the said case is challenged by way of Tax Appeal No. 420 of 2000, which has been admitted vide order dt. 20th Dec., 2002 and is pending before Hon’ble High Court of Gujarat

High Court Of Gujarat DCIT vs. Mahi Valley Hotels & Resorts Sections 143(2), 251, 260A Asst. Year 1997-98 D.A. Mehta & Ms. H.N. Devani, JJ. Tax Appeal No. 515 of 2004 31st August, 2005 Counsel Appeared K.M. Parikh, for the Appellant : None, for the Respondent JUDGMENT D.A. Mehta, J. : The appellant-Revenue has proposed the …

Gujarat H.C : Whether the Tribunal is right in law in directing the ITO to treat the income from property known as ‘Kunj Bungalow’ under the head ‘Business’?

High Court Of Gujarat CIT vs. Gaekwad & Co. Sections 22, 28(i) Asst. Years 1977-78, 1978-79 D.A. Mehta & Ms. H.N. Devani, JJ. IT Ref. No. 44 of 1994 31st August, 2005 Counsel Appeared Mrs. M.M. Bhatt, for the Applicant : None, for the Respondent JUDGMENT MS. H.N. Devani, J. : The Tribunal, Ahmedabad Bench ‘A’ …

Madhya Pradesh H.C: Whether the Tribunal was justified in holding that in absence of any corresponding amendment in the definition of s. 2(47), there does not arise any liability of capital gains on the firm on the death of one of the partners, thereby deleting the addition of Rs. 3,40,198 made by the AO ?

High Court Of Madhya Pradesh CIT vs. Moped & Machines Sections 2(47), 45(4) Asst. Year 1991-92 Dipak Misra & Shantanu Kemkar, JJ. IT Appeal No. 34 of 1999 30th August, 2005 Counsel Appeared Rohit Arya with Ajit Ade, for the Appellant : A.P. Shrivastava, for the Respondent ORDER Dipak Misra, J. : The present appeal was …

Bombay H.C : Whether, on the facts and in the circumstances of the case, the amount of Rs. 1,34,678 paid by the assessee to the retiring partners is in the nature of revenue expenditure or capital expenditure ?

High Court Of Bombay At Goa CIT vs. Mandovi Hotel (P) Ltd. Section 37(1) Asst. Year 1994-95 R.M. Lodha & N.A. Britto, JJ. IT Appeal No. 32 of 2002 30th August, 2005 Counsel Appeared S.R. Rivankar, for the Revenue : None, for the Assessee JUDGMENT R.M. Lodha, J. : This appeal is at the instance of …

Bombay H.C : Whether, by the impugned order dt. 24th Dec., 1991 the Asstt. CIT, Circl 1(4) was justified in holding that the transfer of office premises bearing No. 5 situated on the ground floor, Plot No. 210, Block III, Nariman Point, Bombay 400 021 (hereinafter referred to as ‘the said premises’) by the respondent No. 3 in favour of the petitioner is void under s. 281 of the IT Act, 1961 ?

High Court Of Bombay Bank Of Nova Scotia vs. Varinder Mehta, Assistant Commissioner Of Income Tax & Ors. Section 281 V.C. Daga & J.P. Devadhar, JJ. Writ Petn. No. 487 of 1992 29th August, 2005 Counsel Appeared J.D. Mistry with B.D. Damodar i/b Kanga & Co., for the Petitioner : Dr. P. Daniel with G. Hariharan, …

Punjab & Haryana H.C : Whether, on the facts and in the circumstances of the case, the learned Tribunal was right in law in allowing expenditure not incurred in the previous year in view of s. 35(2)(ia) of the Act ?

High Court Of Punjab & Haryana CIT vs. F.C.S. International Marketing (P) Ltd. Sections 35(1)(iv), 35(2), 35(3) Asst. Year 1985-86 D.K. Jain, C.J. & Hemant Gupta, J. IT Appeal No. 260 of 2005 29th August, 2005 Counsel Appeared Dr. N.L. Sharda, for the Appellant : None, for the Respondent JUDGMENT D.K. Jain, C.J. : This appeal …

Gujarat H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in deleting the addition in respect of first two cheques for Rs. 50,000 and Rs. 1,50,000, respectively ?

High Court Of Gujarat D.M. Engineering vs. CIT Section 68 Asst. Year 1976-77 D.A. Mehta & Ms. H.N. Devani, JJ. IT Ref. No. 52 of 1994 29th August, 2005 Counsel Appeared J.P. Shah with Manish J. Shah, for the Applicant : T.U. Bhatt, for the Respondent JUDGMENT D.A. Mehta, J. : The Tribunal, Ahmedabad Bench “C” …

Gujarat H.C: Whether, on the facts and in the circumstances of the case, the Tribunal was justified in confirming the disallowance of commutation charges of Rs. 12,01,782 and in holding that the same was not business loss admissible either under s. 28 or s. 37 of the Act ?

High Court Of Gujarat Kailash Investments (P) Ltd. vs. CIT Sections 2(47), 28(i), 37(1), 45, 57(iii) Asst. Year 1978-79 D.A. Mehta & Ms. H.N. Devani, JJ. IT Ref. No. 297 of 1995 26th August, 2005 Counsel Appeared R.K. Patel, for the Assessee : Manish R. Bhatt, for the Revenue JUDGMENT D.A. Mehta, J. : Tribunal, Ahmedabad …
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