Month: July 2008

Kerala H.C : Where assessee made voluntary disclosure of income on 30-12-1997 without payment of tax and tax with interest was paid on 31-3-1998, there being a delay in payment by one day, assessee was not eligible for VDIS, 1997 benefit

High Court Of Kerala S. Sudarsana Babu Vs. ITO Assessment Year : 1989-90 Section : 66, 67 C.N. Ramachandran Nair, J. O.P. No. 22984 Of 2000 July  31, 2008 JUDGMENT C. N. Ramachandran Nair, J. – The petitioner is challenging exhibit P2 whereunder the petitioner’s application for benefit under the Voluntary Disclosure of Income Scheme, 1997, …

Punjab & Haryana H.C : There was no valid service of notice under s. 143(2) before the due date, though not only notice under s. 143(2) was sent by registered post on 30th Oct., 2002, i.e., before the expiry of limitation on 31st Oct., 2002, and another notice under s. 143(2) was served by affixture on 31st Oct., 2002

High Court Of Punjab & Haryana CIT vs. Avi-Oil India (P) Ltd. Section 143(2), 282, CPC 12, CPC 20 Asst. Year 2001-02 Satish Kumar Mittal & Augustine George Masih, JJ. IT Appeal No. 448 of 2008 29th July, 2008 Counsel Appeared : Yogesh Putney, for the Appellant JUDGMENT Augustine George Masih, J. : The abovementioned appeal …

Karnataka H.C : Whether the authorities below were justified in not considering the income derived by the assessee as an income from its partners only and to apply the doctrine of mutuality ?

High Court Of Karnataka Anupam Enterprises vs. ITO Section 4 Asst. Year 1998-99, 1999-2000 K.L. Manjunath & B.V. Nagarathna, JJ. IT Appeal Nos. 600 & 601 of 2004 28th July, 2008 Counsel Appeared : S. Parthasarathi, for the Appellant : M.V. Seshachala, for the Respondent JUDGMENT K.L. Manjunath, J. : These two appeals are filed by …

Delhi H.C : The service charges were allowable expenses under s. 37(1) of the IT Act, 1961, inasmuch as they were wholly and exclusively expended for the business of the assessee

High Court Of Delhi CIT vs. RBG Investment & Finance Ltd. Section 37(1), 260A Asst. Year 1992-93, 1995-96 Badar Durrez Ahmed & Rajiv Shakdher, JJ. IT Appeal Nos. 918 to 920 & 1034 of 2007 21st July, 2008 Counsel Appeared : Sanjeev Sabharwal, for the Appellant : Sampath Krishnan & K. Sampath, for the Respondent JUDGMENT …

Gujarat H.C : The Tribunal has substantially erred in law in ignoring the ratio of binding decisions of Supreme Court in the case of Addl. CIT vs. Akkamamba Textiles Ltd. (1998) 144 CTR (SC) 172 : (1997) 227 ITR 464 (SC) and CIT vs. Siwakami Mills Ltd. (1998) 144 CTR (SC) 172 : (1997) 227 ITR 465 (SC)

High Court Of Gujarat Elecon Engineering Co. Ltd. vs. Assistant Commissioner Of Income Tax Section 36(1)(iii), 43A Asst. Year 1986-87,1994-95 K.A. Puj & R.H. Shukla, JJ. Tax Appeal Nos. 144 of 2001; 19, 238, 290 & 291 of 2002; 169, 385 & 386 of 2003 and 244 of 2006 21st July, 2008 Counsel Appeared : R.K. …

Karnataka H.C : Whether the CIT(A) and the Tribunal were justified in reversing the findings of the AO even though the assessee failed to produce the adequate proof to show that an amount of Rs. 25,70,785 was received by the assessee on behalf of the sub-contractors and that the sub-contractors in turn had assessed to tax ?

High Court Of Karnataka Assistant Commissioner Of Income Tax vs. Consolidated Engineering Enterprises Section 4 Asst. Year 1989-90 K.L. Manjunath & Mrs. B.V. Nagarathna, JJ. IT Appeal No. 93 of 2000 15th July, 2008 Counsel Appeared : E.R. Indra Kumar, for the Appellant : K.R. Prasad & Kulkarni, for the Respondent JUDGMENT K.L. MaNjuNath, J. : …

Karnataka H.C : Whether the CIT(A) and the Tribunal were justified in reversing the findings of the AO even though the assessee failed to produce the adequate proof to show that an amount of Rs. 25,70,785 was received by the assessee on behalf of the sub-contractors and that the sub-contractors in turn had assessed to tax ?

High Court Of Karnataka Assistant Commissioner Of Income Tax vs. Consolidated Engineering Enterprises Section 4 Asst. Year 1989-90 K.L. Manjunath & Mrs. B.V. Nagarathna, JJ. IT Appeal No. 93 of 2000 15th July, 2008 Counsel Appeared : E.R. Indra Kumar, for the Appellant : K.R. Prasad & Kulkarni, for the Respondent JUDGMENT K.L. MaNjuNath, J. : …
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