Month: March 2007

S.C : Whether the export house premium received by the assessee is includible in the “profits of the business” of the assessee while computing the deduction under s. 80HHC of the IT Act, 1961 ?

Supreme Court Of India CIT vs. Baby Marine Exports Section 80HHC Asst. Years 1992-93, 1993-94, 1994-95 Ashok Bhan & Dalveer Bhandari, JJ. Civil Appeal Nos. 6146 of 2005 and 281 to 284 & 286 of 2006 30th March, 2007 Counsel Appeared Vikas Singh & T.L.V. Iyer with Ranvir Chandra, Gaurav Dhingra for B.V. Balaram Das, Gopalakrishnan, …

Delhi H.C : Citizen tax is a statutory levy on all Japanese citizens and is required to be withheld by the employer from the salary of the employee and paid over to the appropriate authority

High Court Of Delhi CIT vs. NHK Japan Broadcasting Corporation Sections 4, 192, Financial years 1988-89 to 1998-99 Madan B. Lokur & V.B. Gupta, JJ. IT Appeal No. 171 of 2007 30th March, 2007 Counsel Appeared R.D. Jolly, for the Petitioner : M.S. Syali with Ms. Mahua C. Kalra, for the Respondent ORDER By the court …

Bombay H.C : The market committees constituted under the Agricultural Produce Marketing (Regulation) Act, 1963 are established for charitable purposes and accordingly direct the CIT to grant registration under s. 12A/12AA

High Court Of Bombay : Nagpur Bench CIT vs. Agricultural Produce And Market Committee, Hinganghat & Ors. Section 2(15), 12A, 12AA J.P. Devadhar & B.P. Dharmadhikari, JJ. IT Appeal Nos. 4 to 12, 14, 15, 18, 22 to 24, 29, 34 to 38, 41, 44, 45 48, 59, 64, 67, 70, 72, 75, 76, 80, 82, …

Punjab & Haryana H.C : Whether, on the facts and in the circumstances of the case, while rightly affirming the order of the CIT(A) rejecting the assessee’s claim of deduction of Rs. 4,15,944 as bad debt under s. 36(2) of the IT Act, 1961, the Tribunal is right in law in allowing the same as trading loss incurred by the firm under s. 37 of the Act ?

High Court Of Punjab & Haryana CIT vs. Amrik Singh Surinder Singh Section 28(1) Asst. Year 1975-76 M.M. Kumar & Rajesh Bindal, JJ. IT Ref. No. 174 of 1989 26th March, 2007 Counsel Appeared : Sanjiv Bansal, for the Commr. JUDGMENT Rajesh Bindal, J. : The following questions of law have been referred for the opinion …

Madras H.C : Whether the Tribunal is right in law in upholding the levy of penalty of Rs. 3,07,302 on the view that it was incumbent on the appellants to prove beyond shadow of doubt the existence of a bona fide belief that the interest under s. 244A was not taxable ?

High Court Of Madras Thirupathy Kumar Khemka vs. CIT Section 271(1)(c) Asst. Year 1996-97 P.D. Dinakaran & P.P.S. Janarthana Raja, JJ. Tax Case (Appeal) No. 1005 of 2007 26th March, 2007 Counsel Appeared C.V. Rajan, for the Appellants : Mrs. Pushya Sitaraman, for the Respondent JUDGMENT P.D. DINAKARAN, J. : The vexed, but substantial question of …

Punjab & Haryana H.C : the Tribunal was justified in concurring with CIT who has erred in denying registration under s. 12A and exemption under s. 80G to the appellant trust by erroneously holding that apparently the appellant trust has not been performing the charitable activities as per its aims and objects for which it was formed which action of the CIT is illegal and thus needs to be quashed being in clear contradiction to the findings by this Hon’ble Court as so held in the case of Sonepat Hindu Educational & Charitable Society vs. CIT (2005) 196 CTR (P&H) 623 : (2005) 278 ITR 262 (P&H), for which the appellant hereby humbly prays as above

High Court Of Punjab & Haryana Aman Shiv Mandir Trust (Regd.) vs. CIT Section 12A, 80G(5) M.M. Kumar & Rajesh Bindal, JJ. IT Appeal No. 346 to 2006 26th March, 2007 Counsel Appeared S.K. Mukhi, for the Appellant JUDGMENT Rajesh Bindal, J. : This appeal has been preferred under s. 260A of the IT Act, 1961 …
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