Month: December 2009

Kerala H.C : no penalty proceedings will be initiated under s. 271(1)(c)

High Court Of Kerala CIT vs. Vamadevan Bhanu Section 271(1)(c) Asst. Year 1997-98 C.N. Ramachandran Nair & V.K. Mohanan, JJ. ITA Nos. 427 and 429 of 2009 3rd December, 2009 Counsel appeared : P.K.R. Menon & Jose Joseph, for the Appellant : P. Balakrishnan, Mohan Pulikkal & K.S. Menon, for the Respondent JUDGMENT C.N. Ramachandran Nair, …

Delhi H.C : Whether the Tribunal was correct in law and on facts to hold that sale of one water cooler and one air-conditioner as on 31st March, 1998 for the purposes of obtaining registration of excise and sales-tax was ‘manufacturing’ within the meaning of s. 80-IA ?

High Court Of Delhi CIT vs. Nestor Pharmaceuticals Ltd. A.K. Sikri & Siddharth Mridul, JJ. IT Appeal Nos. 1154 & 1204 of 2009 23rd December, 2009 Counsel Appeared : Sanjeev Sabharwal & Ms. Sonia Mathur, for the Revenue : C.S. Aggarwal with Prakash Kumar, for the Assessee in IT Appeal Nos. 1154 & 1204 : R.M. …

Madras H.C : the claim of bad debts to the tune of Rs. 25,98,579 made by the assessee company in respect of money lend to its subsidiary company should be allowed as a deduction

High Court Of Madras CIT vs. Ramakrishna & Sons Ltd. Section 28, 36(1)(vii) Asst. Year 1989-90 K. Raviraja Pandian & M.M. Sundresh, JJ. Tax Case (Appeal) No.490 of 2004 23rd December, 2009 Counsel appeared : J. Narayanaswamy, for the Appellant : R. Venkatanarayanan, M/s Subbaraya Aiyar, for the Respondent JUDGMENT M.M. SUNDRESH, J. : 2. The …

Delhi H.C : Whether the Tribunal was correct in law in confirming the order passed by CIT(A) and thereby deleting the addition of Rs. 1,06,52,765 made by the AO out of total claim of Rs. 4,26,11,059 on account of royalty expenses, treating the same as revenue expenditure ?

High Court Of Delhi CIT vs. Shriram Pistons & Rings Ltd. Section 80HHC A.K. Sikri & Siddharth Mridul, JJ. IT Appeal No. 815 of 2007 23rd December, 2009 Counsel Appeared : Ms. P.L. Bansal, for the Appellant : Ajay Vohra with Ms. Kavita Jha, for the Respondent JUDGMENT A.K. Sikri, J. : Three following questions of …

Delhi H.C : The assessee had deposited employers’ contribution as well as employees’ contribution towards PF and ESI after the due date, as prescribed under the relevant Act/Rules

High Court Of Delhi CIT vs. Aimil Ltd. & Ors. Section 36(1)(va), 43B Asst. Year 2002-03 A.K. Sikri & Siddharth Mridul, JJ. IT Appeal No. 1063 of 2008 23rd December, 2009 Counsel Appeared : Ms. Prem Lata Bansal with Paras Chaudhry, Sanjeev Sabharwal & Rashmi Chopra, for the Revenue : Dr. Rakesh Gupta with Ms. Poonam …

Delhi H.C : Whether on the facts and in the circumstances of the case and on the true interpretation of s. 158BB(b) of the Act, there was any material for the Tribunal in upholding that loose paper Annex. A-6 p. 34 in the total of which was Rs. 51,762 found on search represented the sum of Rs. 51,76,200 was the assessee’s undisclosed income for the block period relating the same to the asst. yr. 1996-97 ?

High Court Of Delhi Smt. Urmila Gambhir L/H Of Late Subhash Gambhir vs. CIT Section 69, 158BB A.K. Sikri & Siddharth Mridul, JJ. IT Appeal No. 12 of 2006 23rd December, 2009 Counsel Appeared : Prem Nath Monga, for the Appellant : Sanjeev Sabharwal, for the Respondent JUDGMENT A.K. SIKRI, J. : The appellants are the …
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