February 2009 – taxcaselaw.com

Rajasthan H.C : The Tribunal was justified in not upholding the disallowance of Rs. 41,866 claimed by the assessee under the head ‘Finance commission’ which did not pertain to the accounting period relevant to the assessment year under reference

High Court Of Rajasthan : Jaipur Bench CIT vs. Heeralal Kataria Section 37(1) Asst. Year 1981-82 R.C. Gandhi, Actg. C.J. & M.N. Bhandari, J. IT Ref. No. 49 of 1989 26th February, 2009 Counsel Appeared : R.B. Mathur, for the Applicant : P.K. Kasliwal & C.M. Sharma, for the Respondent JUDGMENT By the court : The …

Rajasthan H.C : The assessee was entitled to depreciation on trucks @ 40 per cent as against 30 per cent allowed by the ITO

High Court Of Rajasthan : Jaipur Bench CIT vs. Bimalchand Jain Section IT 1962, Appendix I, Entry III(ii)D(9) Asst. Year 1984-85 R.C. Gandhi, Actg. C.J. & M.N. Bhandari, J. IT Ref. No. 30 of 1990 26th February, 2009 Counsel Appeared : R.B Mathur, for the Revenue : J.K. Singhi with Anuroop Singhi, for the Assessee JUDGMENT …

Punjab & Haryana H.C : the respondentassessee was an industrial establishment engaged in manufacturing/processing of goods, and as such, was entitled to a deduction under s. 80-I of the 1961 Act

High Court Of Punjab & Haryana CIT vs. Oscar Laboratories (P) Ltd. Section 260A, 268A, CPC order 2, r. 2 Asst. Year 1988-89 J.S. Khehar & Nawab Singh, JJ. IT Appeal No. 171 of 2002 26th February, 2009 Counsel Appeared : Ms. Urvashi Dhugga, for the Appellant : V.P. Gupta & Pritam Saini, for the Respondents …

Kerala H.C : Respondent assessee is entitled to exemption under s. 2(4)(ea)(i) and (3) of the WT Act for the cashew factory buildings leased out to a firm of which respondent was the partner

High Court Of Kerala CIT vs. Ponnamma Lakshmi Narayani Asiatic Export Enterprises Section WT 2(ea)(i), WT 5(1)(vi) Asst. Year 1997-98 C.N. Ramachandran Nair & K. Surendra Mohan, JJ. WT Appeal Nos. 1 & 2 of 2008 26th February, 2009 Counsel Appeared : P.K.R. Menon & George K. George, for the Appellant : P. Balakrishnan, for the …

Delhi H.C : Assessee company was incorporated under laws of US and carried on business of maintaining and operating system for providing electronic global distribution of services to airlines, hotels and tour and cab operators by connecting them to travel agents utilizing a Computerized Reservation System (CRS)

High Court Of Delhi Director Of Income-Tax Vs. Galileo International Inc. Section : 5, 9 A.K. Sikri And Suresh Kait, JJ. IT Appeal Nos. 851 To 856, 859 And 860 Of 2008 FebruaryÂ 25, 2009 JUDGMENT Â A.K. Sikri, J. – Galileo International Inc. Ltd. (‘respondent herein’) is a company incorporated under the laws of US. …

Punjab & Haryana H.C : the applicant assessee claimed a set off on account of loss to the tune of Rs. 1,48,950

High Court Of Punjab & Haryana New Diwan Oil Mills vs. CIT Section 28(i), 71 Asst. Year 1983-84 J.S. Khehar & Nawab Singh, JJ. IT Ref. No. 59 of 1991 24th February, 2009 Counsel Appeared : Akshay Bhan, for the Applicant : Ms. Urvashi Dhugga, for the Respondent JUDGMENT J.S. KHEHAR, J. : The applicant assessee …

Kerala H.C : The expenditure carried over for the head office and the other branch, the remaining unabsorbed expenditure for the closed branch also should be spread over equally to be allowed in succeeding years

High Court Of Kerala Victoria Gold Gallery vs. CIT Section 37 Asst. Year 2003-04 C.N. Ramachandran Nair & K. Surendra Mohan, JJ. IT Appeal No. 164 of 2008 24th February, 2009 Counsel Appeared : T.M. Sreedharan & V.P. Narayanan, for the Appellant : P.K.R. Menon & Jose Joseph, for the Respondent JUDGMENT Ramachandran Nair, J. : …

Delhi H.C : the returns for the year 2005-06 filed by the petitioner declared total income of Rs. 46,41,070 while the assessment order in respect of the said year assessed the income at Rs. 1,67,02,35,990 which is almost 350 times the returned income

High Court Of Delhi Taneja Developers & Infrastructure Ltd. vs. Assistant Commissioner Of Income Tax & Ors. Section 220(6) Asst. Year 2005-06 Sanjay Kishan Kaul & Sudershan Kumar Misra, JJ. Writ Petn. No. 6956 of 2009 & CM No. 2320 of 2009 24th February, 2009 Counsel Appeared : M.S. Syali with Satya Sethi & Ms. Vidushi …

Bombay H.C : Land used for internal roads of the factory and playground for workers of the factory is taxable as wealth of the company, when the factory building has not been charged for wealth-tax

High Court Of Bombay Motwane Manufacturing Co. (P) Ltd. vs. Commissioner Of Wealth Tax Section FA, 1983, 40(3)(vi) Asst. Year 1990-91 F.I. Rebello & R.S. Mohite, JJ. WT Ref. No. 118 of 1998 20th February, 2009 Counsel Appeared : Mrs. Beena Pillai i/b D.M. Harish & Co., for the Applicant : P.S. Sahadevan, for the Respondent …

Delhi H.C : the assessee was not conducting real estate business as claimed by it. The income of the assessee was not on account of activities in the nature of real estate business. Thus, income derived by the assessee was liable to tax under “Income from other sources”

High Court Of Delhi CIT vs. Rose Services Apartment India (P) Ltd. Section 28(i), 36(1)(iii), 36(vii), 36(2), 41(1), 56 Asst. Year 2002-03 Vikramajit Sen & Rajiv Shakdher, JJ. IT Appeal No. 777 of 2008 20th February, 2009 Counsel appeared : Ms. Rashmi Chopra, for the Appellant JUDGMENT By the court : This is an appeal under …

Month: February 2009