Month: August 2006

Gujarat H.C : Whether the Tribunal is right in law and in facts in confirming the order passed by the CIT(A) deleting additional income-tax of Rs. 22,42,320 leviable under s. 143(1A) of the Act on the ground that there is loss, additional tax cannot be imposed ?

High Court Of Gujarat CIT vs. Gujarat State Co-Op. Marketing Federation Ltd. Section 143(1A) Asst. Year 1990-91 R.S. Garg & M.R. Shah, JJ. IT Ref. No. 120 of 1997 31st August, 2006 Counsel Appeared Mrs. Mona M. Bhatt, for the Applicant : None, for the Respondent JUDGMENT R.S. GARG, J. : At the instance of the …

Delhi H.C : The AO did not agree that it was a sale by the assessee and concluded that it was not a sale of goods or merchandise but a receipt of royalty for transfer of dubbing rights. Accordingly, he disallowed the claim for deduction under s. 80HHC of the Act. The AO also initiated penalty proceedings under s. 271(1)(c)

High Court Of Delhi CIT vs. International Audio Visual Section 271(1)(c) Asst. Year 1989-90 Madan B. Lokur & Vipin Sanghi, JJ. IT Appeal No. 1271 of 2006 31st August, 2006 Counsel Appeared R.D. Jolly, for the Appellant ORDER By the court : The Revenue is aggrieved by an order dt. 18th May, 2005, passed by the …

Madras H.C : Whether, in the facts and circumstances of the case, the Tribunal was right in holding that the 60 per cent of the expenses incurred on partly convertible debenture had to be allowed as deduction ?

High Court Of Madras CIT vs. South India Corporation (Agencies) Ltd. Sections 5, 28(i), 36(1)(iii), 37(1), 57(iii) Asst. Years 1986-87, 1987-88, 1988-89, 1989-90, 1990-91, 1991-92, 1992-93, 1993-94 P.D. Dinakaran & P.P.S. Janarthana Raja, JJ. Tax Case (Appeal) Nos. 262 to 267 & 1231 to 1237 of 2006 31st August, 2006 Counsel Appeared J. Narayanaswamy, for the …

Allahabad H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was, in law, justified in holding the amount of Rs. 2,75,000 received by the assessee was not its income and should have been deleted ?

High Court Of Allahabad CIT vs. U.P. Upbhokta Sahakari Sangh Ltd. Section 4 Asst. Year 1983-84 R.K. Agrawal & Vikram Nath, JJ. IT Ref. No. 122 of 1991 30th August, 2006 Counsel Appeared : A.N. Mahajan, for the Revenue : Krishna Agrawal, for the Assessee JUDGMENT By the court The Tribunal, Allahabad, has referred the following …

Madhya Pradesh H.C : Whether the CIT is entitled to set aside assessment order passed by AO when the case is connected with the provisions of s. 144 of IT Act, 1961, without setting aside the order passed by the Dy. CIT in view of provisions of s. 144A of the Act ?

High Court Of Madhya Pradesh : Indore Bench Daulatram Chhotwani vs. CIT Section 260A, 263 Asst. Year 1984-85 to 1992-93 S.K. Kulshreshtha & N.K. Mody, JJ. IT Appeal No.71 of 1999 30th August, 2006 Counsel Appeared : G.M. Chaphekar with D.S. Kale, for the Appellant : R.L. Jain with Ms. Veena Mandlik, for the Respondent ORDER …

Allahabad H.C : Whether, on the facts and circumstances of the case, the Tribunal was justified in sustaining the penalty under s. 271(1)(c) for the addition of Rs. 19,000 ?

High Court Of Allahabad Londu Lal Rabhubir Prasad vs. CIT Section 271(1)(c), Expln. 1(A) Asst. Year 1980-81 R.K. Agrawal & Vikram Nath, JJ. IT Ref. No. 181 of 1991 30th August, 2006 Counsel Appeared : Krishna Agarwal, for the Assessee : R. K. Upadhyaya, for the CIT JUDGMENT R. K. Agrawal. J. : The Tribunal, Allahabad, …

Madhya Pradesh H.C : The claim of the assessee under s. 80-I is justified even if he had not filed the audit report in Form No. 10CCB along with return of income

High Court Of Madhya Pradesh : Indore Bench CIT vs. Panama Chemicals Works Section 80-I Asst. Year 1989-90 S.K. Kulshrestha & N.K. Mody, JJ. IT Ref. No. 1 of 2001 29th August, 2006 Counsel appeared R.L. Jain with Ms. Veena Mandlik, for the Applicant ORDER S.K. Kulshrestha, J. : The Tribunal, Indore Bench, Indore, has referred …

Delhi H.C : the decision of the AO in adding the amount being the provision made by the assessee for bad and doubtful debts for the purposes of increasing book profits under s. 115JA

High Court Of Delhi CIT vs. Eicher Ltd. Section 115JA Asst. Year 1999-2000 Madan B. Lokur & Vipin Sanghi, JJ. IT Appeal No. 1219 of 2006 29th August, 2006 Counsel Appeared Ms. P.L. Bansal, for the Appellant : Ms. Kavita Jha, for the Respondent JUDGMENT By the court : The Revenue is aggrieved by an order …
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