Month: September 2011

Allahabad H.C : not properly appreciating the fact that action taken under section 147 of the Act was in accordance with law as the information that there is falsity in the disclosed material by the assessee was brought to the notice of the Assessing Officer at a later stage

High Court Of Allahabad CIT vs. Abhyudaya Builders (P.) Ltd. Assessment Year : 1993-94 Section : 147, 158BD Devi Prasad Singh And Dr. Satish Chandra, JJ. IT Appeal No. 157 Of 2008 September 30, 2011 JUDGMENT Dr. Satish Chandra, J. – This appeal has been filed by the Department-appellant under section 260A of the Income-tax Act, …

Delhi H.C : Tribunal is not vitiated for non-consideration of evidence and in disregard of the law that burden to establish that there was an undisclosed income of the assessee was on the revenue

High Court Of Delhi Gurinder Mohan Singh Nindrajog Vs. CIT Block Assessment Period : 1990-91 To 2001-02 Section : 251 A.K. Sikri And M.L. Mehta, Jj. IT Appeal No. 322 Of 2005 September 30, 2011 JUDGMENT A.K. Sikri, J. – This appeal was admitted on the following substantial questions of law:- “1. Whether in the circumstances …

Bombay H.C : Reopening assessment did not contain any new or tangible material or a reference to any new facts which had come on record and which were not present to mind of Assessing Officer when earlier assessments were finalized, it could be said that Assessing Officer had sought to reopen assessment for assessment years 2006-07 and 2007-08 purely on basis of a change of opinion which is not sustainable in law

High Court Of Bombay Direct Information (P.) Ltd. VS. ITO, 9(1) Assessment Years : 2006-07 And 2007-08 Section : 147, 10A Dr. D.Y. Chandrachud And A.A.Sayed, JJ. Writ Petition No. 1479 Of 2011 September 29, 2011 JUDGMENT Dr. D.Y. Chandrachud, J. – Rule, by consent returnable forthwith. With the consent of Counsel and at their request …

Calcutta H.C : Interest paid by assessee to his creditors would be treated as business expenditure; however, subject to provisions of section 14A

High Court Of Calcutta Rajendra Kumar Dabriwala vs. CIT-XIV, Kolkata Assessment Year : 1998-99 Section : 37(1) Bhaskar Bhattacharya And Sambuddha Chakrabarti, JJ. IT Appeal No. 260 Of 2003 September 29, 2011 JUDGMENT Bhaskar Bhattacharya, J. – This appeal under Section 260A of the Income-tax Act, 1961 (“Act”) is at the instance of the assessee and …

Calcutta H.C : Proper interpretation of the provisions of Section 115J of the Act and also the Companies Act was justified in law in disallowing the provision for bad and doubtful debts and advances on the grounds that the said provision is not an amount set aside towards the provisions made for meeting liabilities which are not the ascertained liability

High Court Of Calcutta ICI India Ltd. vs. CIT (Appeals) -IV, Kolkata Assessment Year : 1989-90 Section : 115J Bhaskar Bhattacharya And Sambuddha Chakrabarti, JJ. IT Appeal No. 80 Of 2003 September 29, 2011 JUDGMENT Bhaskar Bhattacharya, J. – This appeal under Section 260A of the Income-tax Act, 1961 (“Act”) is at the instance of an assessee …

Karnataka H.C : The notice issued under Section 158BC in respect of the proviso under section 158BD is void, ab initio and therefore the order of assessment passed in pursuance of such notice is also void is it correct

High Court Of Karnataka CIT, Central Circle VS. Smt. Annapoornamma Chandrashekar Section 158BD N. Kumar And Ravi Malimath, JJ. IT Appeal Nos. 2302, 2304, 2315 & 2316 Of 2005 September 28, 2011 JUDGMENT N. Kumar J. – As common questions arise for consideration in all these four appeals, preferred by the Revenue against the order of …

AAR : MILLENNIUM IT (Software) Limited (“The Applicant”) is/will be non-taxable in India under the Income-tax Act, 1961, with respect to Implementation and license & maintenance fees (“Fees”) paid by ICEL to Applicant company under the said agreement

Authority For Advance Rulings (Income Tax) New Delhi Millennium IT Software Ltd., In Re Section : 9,195 Justice P.K. Balasubramanyan, Chairman And V.K. Shridhar, Member A.A.R. No. 835 Of 2009 September 28, 2011 RULING V.K. Shridhar, Member. ‑ The applicant has entered into a Software License and Maintenance Agreement (SLMA) with Indian Commodity and Exchange Limited …

Bombay H.C : The CBDT Instructions, fixing the monetary limits for the revenue to file appeals before the High Court have been issued in consonance with the provisions of Section 268A (1)

High Court Of Bombay CIT vs. Smt. Vijaya V. Kavekar Section 268A(1), 260A, 256(2) Nishita Mhatre & M.T. Joshi, JJ. TAX Appeal No. 76 & 78 OF 2007 27th September, 2011 Counsel Appeared Alok Sharma for the Appellant. : R.R. Chandak & M.K. Kulkarni for the Respondent. SMT. MHATRE, J. Both these Tax Appeals are being …

Madras H.C : The appellant had complied with the provisions of Section 184(4) and 184(5) as applicable for the assessment year 1985-86 and when the assessing officer had not even doubted the genuineness of the firm in his assessment order

High Court Of Madras Midland Theatres vs. Assistant Commissioner Of Income Tax Section 2(47), 47(ii), 45, 184, 185 Asst. Year 1985-86 Chitra Venkataraman & M. Jaichandren, JJ. Tax Case (Appeal) Nos. 166 to 169 of 2004 27th September, 2011 Counsel appeared V. S. Jayakumar for the Appellants.: J. Narayanaswamy for the Respondent Chitra Venkataraman, J. 1. …
Malcare WordPress Security