Month: October 2012

Chhattisgarh H.C : Tribunal was justified in allowing deduction under sections 80HH and 80-I of the Act by considering the gross income from the two units of the appellants, namely, flour mill unit, Itarsi and solvent extraction plant, Khandwa, in violation of section 80AB

High Court Of Chhattisgarh CIT VS. Itarsi Oils & Flours Mills Ltd. Section : 80AB, 80HH, 80-I Abhay Manohar Sapre And G. Minhajuddin, JJ. IT Appeal No. 39 Of 2003 October 31, 2012 JUDGMENT Abhay Manohar Sapre, J. – This is an appeal filed by the Revenue under section 260A of the Income-tax Act, 1961, against …

Allahabad H.C : the assessee was not doing any charitable activity as found by the A.O. During assessment proceedings as such the provisions of Section 11, 12, 12-A, 13 of the Act had been violated by the assessee therefore the cancellation of registration by the CIT was justified

High Court of Allahabad CIT And Another vs. Society Of Advanced Management Studies Section 11, 12a, 10(23C)(vi) Asst. Year 2006-07 R. K. Agrawal & Ram Surat Ram (Maurya), JJ. ITA No. 143 of 2010 29th October, 2012 Counsel appeared A. N. Mahajan for the Petitioner.: Kunal Ravi Singh, Manjari Singh for the Respondent R. K. AGRAWAL …

Allahabad H.C : Registration granted to the assessee has been cancelled u/s 12-AA(3) of the Act merely on the ground that approval u/s 10(23C) (vi) of the Act had been denied to the assessee by completely overlooking and ignoring the fact that the CIT had cancelled the registration after having satisfied himself that the activities of the assessee society were not charitable in natur

High Court Of Allahabad CIT vs. Jeevan Deep Charitable Trust Section : 12A, 10(23C), 11, 12AA R.K. Agrawal And Ram Surat Ram (Maurya), JJ. IT Appeal No. 471 Of 2011 October 29, 2012 ORDER 1. The present appeal has been filed under Section 260-A of the Income-tax Act, 1961, hereinafter referred to as “the Act” against …

Gujarat H.C : The assessee had not kept day-to-day stock register, in the absence of which production of finished goods received, the shortage arrived, goods sent for processing, goods received from processing, etc., on a particular day could not be verified

High Court Of Gujarat CIT vs. Bholanath Poly Fab (P.) Ltd. Assessment Year : 2005-06 Section : 69 Akil Kureshi And Ms. Harsha Devani, JJ. Tax Appeal No. 63 Of 2012 October 23, 2012 JUDGMENT Akil Kureshi, J. – The Revenue is in appeal against the judgment of the Income-tax Appellate Tribunal dated July 26, 2011, …

Delhi H.C : Assessee’s failure to disclose expenditure on foreign travel is a valid a ground for coming to prima facie belief that income has escaped assessment on account of assessee’s failure to disclose primary facts

High Court Of Delhi Shumana Sen vs. CIT-XIV Section : 147 Ravindra Bhat And R.V. Easwar, JJ. Wp (C) No. 4022 Of 2012 Cm Appl Nos. 8436-8438 Of 2012 October 19, 2012 JUDGMENT R.V. Easwar, J. – The petitioner seeks to challenge the validity of the reassessment proceedings in this writ petition, commenced under Section 148 of …

Bombay H.C : Insertion of clauses (iiid) and (iiie) to section 28 and insertion of third and fourth provisos to section 80HHC could be given effect from date of amendment only and not in respect of earlier assessment years in cases of assessees whose export turnover was above Rs. 10 crore

High Court Of Bombay Vijaya Silk House (Bangalore) Ltd. VS. Union Of India Section : 28(I), 80HHC S.J. Vazifdar And M.S. Sanklecha, JJ. Writ Petition Nos. 2446,2522, 2541, 2544 & 2587 Of 2010, 443 To 445, 537, 628, 761 & 1240 Of 2011 1629 Of 2012 August 16, 2012 ORDER 1.Writ Petition No.1629 of 2012 is, …

Allahabad H.C : Mere possibility that society in future might pursue non-Charitable activities, would not constitute grounds to reject approval under section 10(23C)(vi)

High Court Of Allahabad C.P. Vidya Niketan Inter College Shikshan Society Vs. Union Of India Section : 10(23C) Sunil Ambwani And Aditya Nath Mittal, Jj. Writ Petition No. 1185 Of 2011 October  16, 2012 JUDGMENT 1. The petitioner is society registered under the Societies Registration Act with the Registrar of Societies, UP vide registration certificate No. …

Delhi H.C : Where after writing to Commissioner that assessee had answered queries regarding complexities in accounts, on very next day Assessing Officer sought his approval for special audit and CCIT granted approval on same day, there being no application of mind by Assessing Officer as well as CCIT, order of special audit was a nullity

High Court Of Delhi DLF Commercial Projects Corpn. Vs. ACIT Assessment Year : 2009-10 Section : 142 Ravindra Bhat And R.V. Easwar, Jj. W.P. (C) No. 1868 Of 2012 October  15, 2012 ORDER R.V. Easwar, J. – This is a writ petition filed by DLF Commercial Projects Corporation under Article 226/227 of the Constitution of India in …
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