Month: June 2007

Gauhati H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified and correct in law in confirming the order of the CIT(A) in the interpretation of the meaning, scope and ambit of ‘undisclosed income’ defined in s. 158B(b) of the Act, 1961, to hold that the deposits of Rs. 65.28 lakhs and 39.70 lakhs cannot be subjected to assessment under s. 158BC of the IT Act, 1961 ?

High Court Of Gauhati CIT vs. Arman Sheikh Section 158B(b) Asst. Year 2000-01 & 2001-02 D. Biswas & Smt. A. Hazarika JJ. IT Appeal No. 6 of 2006 29th June, 2007 Counsel appeared : U. Bhuyan, for the Appellant : Dr. A. K. Saraf, K. Jain, Ms. Medha Lila Gope & Ms. N. Hawelia, for the …

Madras H.C : Whether the expenditure on construction of building in a leasehold premises would amount to revenue expenditure, contrary to the clear provisions of Expln. 1 to s. 32(1)

High Court Of Madras CIT vs. TVS Lean Logistics Ltd. Section 32(1), Expln. 1, 37(1) Asst. Year 2001-02 & 2002-03 P.D. Dinakaran & P.P.S. Janarthana Raja, JJ. Tax Case (Appeal) Nos. 876 & 877 of 2007 27th June, 2007 Counsel Appeared : Mrs. Pushya Sitaraman, for the Appellant JUDGMENT P.D. DINAKARAN, J. : The Revenue has …

Bombay H.C : Whether on the facts and circumstances of the case, Tribunal was right in law in deleting the penalty of Rs. 9,92,393 levied under s. 271(1)(c) of the IT Act on the ground that the Departmental authorities were not justified in levying the penalty

High Court Of Bombay CIT vs. Mrs. Roshan D. Nariman Section 256(2), 271(1)(c) Dr. S. Radhakrishnan & V.C. Daga, JJ. IT Appln. No. 55 of 1999 25th June, 2007 Counsel Appeared : A.D. Kango, for the Applicant : F.V. Irani i/b A.K. Jasani & S.S. Shetty, for the Respondent JUDGMENT By the court : Heard the …

Madras H.C : The expenditure incurred by the assessee in setting up a new factory at Pondicherry is revenue in nature on the ground that it is only an extension of the existing business

High Court Of Madras CIT vs. Rane (Madras) Ltd. Section 37(1) Asst. Year 1996-97, 1997-98 P.D. Dinakaran & P.P.S. Janarthana Raja, JJ. Tax Case (Appeal) Nos. 857 & 858 of 2007 22nd June, 2007 Counsel Appeared : Mrs. Pushya Sitaraman, for the Appellant JUDGMENT P.D. DINAKARAN, J. : The above tax case appeals are directed against …

Madras H.C : The order under s. 154 was wrong as the issue was a debatable one, when the issue has been clearly settled by orders of the High Court and Supreme Court

High Court Of Madras CIT vs. Adyar Gate Hotel Ltd. Section 80HHD, 260A Asst. Year 1996-97 & 1997-98 P.D. Dinakaran & P.P.S. Janarthana Raja, JJ. Tax Case (Appeal) Nos. 768 & 769 of 2007 21st June, 2007 Counsel Appeared : J. Narayanasamy, for the Appellant JUDGMENT P.D. Dinakaran, J. : The above tax case appeals are …

Madras H.C : If the intention of a person is to exploit the property as such and derive therefrom by subleasing the property would such income be treated as income from property or not ?

High Court Of Madras CIT vs. A.V.K. Constructions (P) Ltd. Section 22, 27(iiib) Asst. Year 1998-99 P.D. Dinakaran & P.P.S. Janarthana Raja, JJ. Tax Case (Appeal) No. 664 of 2007 21st June, 2007 Counsel appeared : N. Muralikumaran, for the Appellant JUDGMENT P.D. DINAKARAN, J. : This appeal is directed against the order of the Tribunal, …
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