Month: December 2005

Madras H.C : The activities of borrowing money and lending money to the members of the petitioner is similar to the one that is carried on by bankers, which accepts deposits from the depositors and lends money to various borrowers

High Court Of Madras Syndicate Bank Employees’ Co-Operative Thrift & Credit Society Ltd. vs. ITO Section INT 2(5A)(i) Asst. Year 1992-93 K. Raviraja Pandian & P.P.S. Janarthana Raja, JJ. Tax Case (Appeal) No. 44 of 2002 & TCMP No. 8 of 2003 23rd December, 2005 Counsel Appeared Ms. Anita Sumanth, for the Appellant : Mrs. Pushya …

Calcutta H.C : The order of assessment particularly deduction for investment allowance by the AO is prejudicial to the interest of the Revenue for the assessment years of 1980-81 to 1983-84

High Court Of Calcutta Simplex Concrete Piles (India) (P) Ltd. vs. CIT & ORS. Sections 32A, 263 Asst. Years 1980-81, 1981-82, 1982-83, 1983-84 Kalyan Jyoti Sengupta, J. Writ Petn. No. 1569 of 1987 23rd December, 2005 Counsel Appeared Dr. Debi Prosad Pal with Amar Nath Sen & Maloy Dhar, for the Petitioner : Dipak Shome with …

Gujarat H.C : Whether, on the facts and circumstances of the case and material on record, the Tribunal was justified in remanding the matter to the CIT(A) ?

High Court Of Gujarat Ushakant N. Patel vs. CIT Sections 69, 132(4A) Asst. Years 1983-84, 1984-85 D.A. Mehta & Ms. H.N. Devani, JJ. IT Ref. No. 287 of 1994 22nd December, 2005 Counsel Appeared K.H. Kaji, for the Applicant : Manish R. Bhatt, for the Respondent JUDGMENT D.A. Mehta, J. : The applicant-assessee has proposed the …

Kerala H.C : The competent committee consisting of the members stated in Ext. P2 have, after giving opportunity to the petitioner of being heard, decided that the reward of Rs. 1,50,000 already paid to the petitioner is proper on the facts and circumstances of the case

High Court Of Kerala E. Sankaran vs. Union Of India & Ors. Thottathil B. Radhakrishnan, J. Original Petn. No. 20968 of 1997 21st December, 2005 Counsel Appeared : M. Ramesh Chander, for the Petitioner : P.K. Ravindranatha Menon, N.R.K. Nayar for George K. George, for the Respondents JUDGMENT Thottathil B. Radhakrishnan, J. : This writ petition …

Gujarat H.C : Whether, on the facts and circumstances of the case and in law, the Tribunal was justified in holding that the exchange rate difference pertaining to exports made in earlier years was ‘profit of business’ within the meaning of s. 80HHC of the Act ?

High Court Of Gujarat CIT vs. Amba Impex Section 80HHC Asst. Year 2001-02 D.A. Mehta & Ms. H.N. Devani, JJ. Tax Appeal No. 534 of 2005 20th December, 2005 Counsel Appeared Manish R. Bhatt, for the Appellant : Mrs. Swati Soparkar, for the Respondent JUDGMENT D.A. Mehta, J. : The appellant-Revenue has proposed the following three …

Kerala H.C : The interest charged under s. 234A for non-filing or belated filing of returns and under s. 234B for non-payment or short payment of advance tax are with reference to income assessed under s. 143(1) or on regular assessment under the Act

High Court Of Kerala Sea Pearl Enterprises vs. DCIT Sections 234A, 234B C.N. Ramachandran Nair, J. OP Nos. 3754, 3862, 4586, 4804, 5214, 5242, 5253, 5902 to 5905 & 7538 of 2001 16th December, 2005 Counsel Appeared Premjit Nagendran & Joy Thattil Ittoop, for the Petitioner : P.K.R. Menon & George K. George, for the Respondent …

Kerala H.C : Petitioners submit by sub-cls. (ii) and (iii) of s. 4(2) of the Agrl. IT Act the rule-making authority seeks to enlarge the meaning of “agricultural income” by deeming certain receipts which are otherwise not agricultural income within the meaning of s. 2 (1A) of the IT Act.

High Court Of Kerala Tata Tea Ltd.vs. Inspecting Assistant Commissioner Sections : 2(1A), Kerala Agrl. 4(2) Asst. Years 1994-95, 1995-96 K.S. Radhakrishnan & K.T. Sankaran, JJ. OP Nos. 6075 of 1995, 10985 & 22441 of 1997 & 1790 of 2001 and OTC Nos. 2 to 4 of 2005 16th December, 2005 Counsel Appeared Joseph Markose & …

Allahabad H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct to direct making of two assessments for the period 8th Oct., 1981 to 31st July, 1982 and 1st Aug., 1982 to 26th Aug., 1982 separately ?

High Court Of Allahabad CIT vs. Sagar Mal Shambhoo Nath Sections 187(2), 188 Asst. Year 1983-84 A.K. Yog & Dilip Gupta, JJ. IT Ref. No. 143 of 1991 16th December, 2005 Counsel Appeared R.K. Upadhayay, for the Revenue : V.B. Upadhayay with Ashish Agarwal, Kshitij Shailendra, V.K. Gupta & M.K. Gupta, for the Assessee JUDGMENT Dilip …

Allahabad H.C : Whether, even after finding that the production could not come out in a final shape, the Tribunal was legally justified in holding that the mill had started manufacturing goods during the year under reference within the meaning of s. 80J of the IT Act, 1961 ?

High Court Of Allahabad Kanodia & Sons vs. CIT Section 80J, Asst. Year 1976-77 A.K. Yog & Prakash Krishna, JJ. IT Ref. No. 61 of 1989 15th December, 2005 Counsel Appeared R.S. Aggarwal & S.K. Garg, for the Petitioners : Bharat Ji Agarwal, for the Respondent JUDGMENT By the court : Tribunal, Allahabad has referred the …
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