Month: February 2006

Madras H.C : The assets of the trust by name Tenzing Family Trust could not be included in the net wealth of the assessee-beneficiary and that the same should be considered in the hands of the trust

High Court Of Madras Deputy Commissioner Of Wealth Tax vs. A. Tenzing Sections WT 2(m), WT 3 Asst. Years 1976-77, 1977-78, 1978-79 P.D. Dinakaran & P.P.S. Janarthana Raja, JJ. Tax Case (Ref.) Nos. 175 to 177 of 2001 28th February, 2006 Counsel Appeared Mrs. Pushya Sitaraman, for the Applicant : J. Balachander, for the Respondent JUDGMENT …

Madras H.C : The assessee- society was entitled to exemption under s. 11 of the IT Act merely on the ground that the registration under s. 12AA has been granted w.e.f. 1st April, 1990, without noticing that no charitable activities have been conducted and the income from the letting out of Kalyana Mandapam assessable under the head ‘Business’ has not been applied for any charitable purposes like education or any other object of general public utility

High Court Of Madras CIT vs. Sengunthar Thirumana Mandapam Sections 2(15), 11 Asst. Years 1990-91, 1991-92, 1992-93, 1993-94, 1999-2000 P.D. Dinakaran & P.P.S. Janarthana Raja, JJ. Tax Case Nos. 252 to 256 of 2006 and TCMP Nos. 1277 to 1280 of 2006 28th February, 2006 Counsel Appeared T. Ravi Kumar, for the Appellant JUDGMENT P.D. Dinakaran, …

Bombay H.C : The petitioners have challenged the notices issued under s. 148 of the IT Act, 1961 as also the order passed by the AO rejecting the objections raised by the petitioners for reopening the assessments

High Court Of Bombay Jashan Textile Mills (P) Ltd. vs. DCIT & Ors. Sections 147, 148 Asst. Years 1998-99, 1999-2000 Dr. S. Radhakrishnan & J.P. Devadhar, JJ. Writ Petn. Nos. 3152 & 3153 of 2005 28th February, 2006 Counsel Appeared S.N. Inamdar with Atul Jasani, for the Petitioner : E.P. Chopra, for the Respondents JUDGMENT J.P. …

Punjab & Haryana H.C : Whether, on the facts and in the circumstances of the case, the learned Tribunal is right in law in deleting the addition of Rs. 2,60,000 made by AO and confirmed by CIT(A) on account of unexplained credits in the capital accounts of partners ?

High Court Of Punjab & Haryana CIT vs. Kulwant Singh & Co. Section 68, 256(2) Asst. Year 1989-90 D.k. Jain, C.J. & Surya Kant, J. IT Case No. 132 of 1994 28th February, 2006 Counsel Appeared : Dr. N.L. Sharda, for the Appellant : S.K. Mukhi & Ms. Harshali Chaudhary, for the Respondent JUDGMENT D.K. Jain, …

Madras H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in deleting the penalty, even though the assessee has concealed any income or furnished inaccurate particulars of income under the meaning of s. 271(1)(c) of the IT Act ?

High Court Of Madras CIT vs. A. Hariraman Section : 271(1)(c) Asst. Year : 1992-93 P.D. Dinakaran & P.P.S. Janarthana Raja, JJ. Tax Case (Appeal) No. 250 of 2006 27th February, 2006 Counsel Appeared J. Naresh Kumar, for the Appellant JUDGMENT P.D. Dinakaran, J. : The above tax case appeal is directed against the order of …

Karnataka H.C : The expenses of repairs and insurance on running and maintenance of cars were not covered by the provisions of s. 37(3A) of the IT Act and therefore, not includible for the purpose of disallowance under s. 37(3A)

High Court Of Karnataka CIT vs. Asia Brown Boveri Ltd. Sections 31, 37(3A), 37(3B), 43(3) Asst. Years 1984-85, 1985-86, 1986-87 P. Vishwanatha Shetty & N. Kumar, JJ. IT Refd. Case No. 125 of 1999 27th January, 2006 Counsel Appeared M.V. Seshachala, for the Applicant : T. Suryanarayana for King & Partridge, for the Respondent JUDGMENT N. …

Kerala H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the rental income received by the assessee from non-members was not taxable ?

High Court Of Kerala CIT vs. Trivandrum Club Section 4 Asst. Year 1988-89 K.S. Radhakrishnan & K.T. Sankaran, JJ. IT Ref. No. 12 of 2001 27th February, 2006 Counsel Appeared P.K.R. Menon & George K. George, for the Applicant : T.M. Sreedharan, for the Respondent JUDGMENT K.S. Radhakrishnan, J. : The Tribunal, Cochin Bench, on a …

Madhya Pradesh H.C : Whether, in the facts and circumstances of the case, the Tribunal was right in law in disallowing interest to the extent of Rs. 2,70,000 on the ground that no interest was charged on the trade advance of Rs. 15 lakhs?

High Court Of Madhya Pradesh : Indore Bench Flour & Food Ltd. vs. CIT Sections 36(1)(iii), 80HHC, 260A Asst. Year 1992-93 A.M. Sapre & Ashok Kumar Tiwari, JJ. IT Appeal No. 25 of 2001 27th February, 2006 Counsel Appeared G.M. Chafekar with D.S. Kale, for the Appellant : R.L. Jain with Ku. V. Mandlik, for the …

Madras H.C : Whether, in the facts and circumstances of the case, the Tribunal was right in holding that processing of the film and printing photographs from the negatives amounts to a manufacturing activity and is an industrial undertaking eligible for the benefit of s. 80-I ?

High Court Of Madras CIT vs. Jamal Photo Industries (I) (P) Ltd. Section 80-I Asst. Year 1995-96 P.D. Dinakaran & P.P.S. Janarthana Raja, JJ. Tax Case (Appeal) No. 251 of 2006 27th February, 2006 Counsel Appeared J. Naresh Kumar, for the Appellant JUDGMENT P.D. Dinakaran, J. : The appeal is directed against the order dt. 23rd …
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