Month: October 2006

Madras H.C : Whether, on the facts and circumstances of the case, the Tribunal was right in treating the transfer of the right to exhibit the films, as a sale of goods or merchandise for the purpose of deduction under s. 80HHC ?

High Court Of Madras CIT vs. V.C. Kuganathan Section 80HHC Asst. Year 1993-94 P.D. Dinakaran & P.P.S. Janarthana Raja, JJ. Tax Case (A) Nos. 224 to 226 of 2003, 1093 of 2004, 295, 548, 549, 1175, 1293 to 1299 of 2005 and 2124 of 2006 31st October, 2006 Counsel Appeared : Mrs. Pushya Sitaraman, for the …

Madras H.C : Whether, in the facts and circumstances of the case, the Tribunal was justified in directing higher depreciation at 20 per cent in respect of structures let out and structures used by employees for residence, overlooking the fact that such structures are put to non-hotel use ?

High Court Of Madras CIT vs. Sangu Chakra Hotels (P) Ltd. Section 32; Rules Appendix I, Item I(3)(i) Asst. Year 1990-91 to 1992-93 P.D. Dinakaran & P.P.S. Janarthana Raja, JJ. Tax Case (Appeal) Nos. 106, 167 & 168 of 2003 31st October, 2006 Counsel appeared : T. Ravi Kumar, for the Appellant : M.P. Senthil Kumar, …

AAR : Whether, looking to the nature of activities to be carried on by the liaison office and the nature of the powers of the liaison office [as proposed to be set up in India by the applicant, which is a Hong Kong based company and a non-resident as per the provisions of s. 6(3) of the IT Act, 1961], the applicant can be held to have earned any income taxable in India as per the provisions of the IT Act, 1961 ?

Authority For Advance Rulings Angel Garment Ltd., In Re Syed Shah Mohammed Quadri, J., Chairman A.S. Narang & A. Sinha, Members AAR No. 729 of 2006 30th October, 2006 Counsel Appeared K.M. Sundram, for the Applicant : A.N. Pahuja, for the CIT concerned Ruling Syed Shah Mohammed Quadri, J., chairman : This is an application under …

Allahabad H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in confirming the penalty under s. 271(1)(c) r/w Expln. 1 thereto ?

High Court Of Allahabad Nainu Mal Het Chand vs. CIT Section 271(1)(c) Asst. Year 1989-90 R.K. Agrawal & Vikram Nath, JJ. IT Ref. No. 73 of 1993 30th October, 2006 Counsel Appeared K.N. Kumar, for the Assessee : A.N. Mahajan, for the Revenue JUDGMENT R.K. Agrawal, J. : The Tribunal, Allahabad has referred the following question …

Allahabad H.C : The Tribunal has not exceeded its jurisdiction by omitting and allowing the miscellaneous application of the assessee when it amounted to revision of its own order which is not permissible in law, and which cannot be covered as a mistake apparent from record, which only can be rectified under s. 256(2)

High Court Of Allahabad CIT vs. Sherwani Sugar Syndicate Ltd. Sections 145, 254(2) Asst. Year 1979-80 R.K. Agrawal & Vikram Nath, JJ. IT Ref. No. 11 of 1993 30th October, 2006 Counsel Appeared R.K. Upadhyay, for the Revenue : None, for the Assessee JUDGMENT R.K. Agrawal, J. : The Tribunal, Allahabad has referred the following two …

Allahabad H.C : Whether there was any material before the Tribunal to hold that the assessee was guilty of concealment and of furnishing inaccurate particulars of income ?

High Court Of Allahabad Raj Kumar Chaurasia vs. CIT Section 271(1)(c), Expln. Asst. Years 1973-74, 1974-75, 1975-76, 1976-77 R.K. Agrawal & Vikram Nath, JJ. IT Ref. No. 92 of 1993 30th October, 2006 Counsel Appeared Krishna Agrawal, for the Assessee : R.K. Upadhyaya, for the Revenue JUDGMENT R.K. Agrawal, J. : In respect of the asst. …

Gauhati H.C : Whether, on the facts and in the circumstances of the case, the Tribunal ignoring the relevant materials, namely, auditor’s letter dt. 5th June, 1991, before it was justified and did not err in holding that there was no reasonable cause for the delay in submitting the audit report by the assessee and this pass a perverse order ?

High Court Of Gauhati Khuda Wood Products (P) Ltd. vs. CIT Section 271B, 273B D. Biswas & U.B. Saha, JJ. IT Appeal No. 86 of 2003 30th October, 2006 Counsel Appeared : D.K. Mishra & Ms. S. Jahan, for the Appellant : U. Bhuyan, for the Respondent JUDGMENT By the court : Heard Mr. D.K. Mishra, …

Madras H.C :Whether, on the facts and circumstances of the case, the Tribunal was right in allowing a deduction of the amounts spent on replacement of machinery as revenue expenditure ?

High Court Of Madras CIT vs. Southern Roadways Ltd. Section 37(1) Asst. Year 1999-2000 P.D. Dinakaran & P.P.S. Janarthana Raja, JJ. Tax Case (Appeal) No. 2454 of 2006 27th October, 2006 Counsel Appeared : Ms. Pushya Sitaraman, for the Appellant JUDGMENT P.D. Dinakaran, J. : The above tax case appeal is directed against the order of …
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