Month: March 2013

Gujarat H.C : The retention money does not form part of income

High Court Of Gujarat Director Of Income-Tax ( International Taxation) vs. Ballast Nedam International Assessment Year : 2003-04 Section : 5 Akil Kureshi And Ms. Sonia Gokani, JJ. Tax Appeal No. 145 Of 2013 March 28, 2013 ORDER Akil Kureshi, J. – Revenue is in appeal against the judgment of the Income Tax Appellate Tribunal dated …

Allahabad H.C : Whether sale of stamp paper by Treasury Office to licensed vendor is a sale on principal to principal basis and there does not exist a relationship of agency in between them

High Court Of Allahabad Chief Treasury Officer vs. Union Of India Section : 194H Prakash Krishna And Ram Surat Ram (Maurya), JJ. Writ Tax No. 149 Of 2008 March 22, 2013 ORDER Prakash Krishna, J. – The Chief Treasury Officer, Agra, the petitioner, by means of the present petition filed under Article 226 of the Constitution …

Bombay H.C : the Tribunal was justified in deleting the penalty levied by the assessing officer u/s.271(1)© of the Income Tax Act even though the assessee had accepted in assessment proceedings that it had filed inaccurate particulars of income by claiming excess depreciation amounting to Rs.32,51,161/- in its return of income

High Court Of Bombay CIT vs. Somany Evergree Knits Ltd. Section 271(1)(C ), 32, 43(6) Asst. Year 2003-04 J.P. Devadhar & M. S. Sanklecha, JJ. ITA No. 1332 of 2011 21st March, 2013 Counsel appeared: Vimal Gupta, Senior Advocate with Padma Divakar for the appellant.: Nikhil Rajani i/b. V. Deshpande & Co. for the Respondent JUDGMENT …

Karnataka H.C : Assessing Officer/Commissioner does not have authority and jurisdiction to open his camp office in residence of assessee and call assessee’s attendance in connection with proceedings under Income-tax Act

High Court Of Karnataka Prakesh V. Sanghvi vs. Ramesh G., DDIT (Investigation) Section : 131, 132 Ram Mohan Reddy, J. Writ Petition No. 8423 Of 2012 March  20, 2013 ORDER Ram Mohan Reddy, J. – Petitioner aggrieved by the summons dt. 19th Jan., 2012-Annex. A issued by the first respondent followed by the Panchanama dt. 19th Jan., …

Madras H.C : The ITAT was right in setting aside the order of the Commissioner of Income Tax rejecting the assessee’s application for registration u/s 12AA on the grounds that the order was not passed within six months from the date of filing without appreciating the said time limit prescribed was only directory and not mandatory, considering the nature and design of the relevant statutory provisions

High Court Of Madras CIT vs. Karimangalam Onriya Pengal Semipu Amaipu Ltd. Section : 12AA Mrs. R. Banumathi And K. Ravichandrabaabu, JJ. T.C.(A) No. 1183 Of 2010 March 20, 2013 ORDER R. Banumathi, J. – Being aggrieved by the order of the Tribunal in I.T.A.No.2448 of 2008 dated 11.6.2010 holding that there was “assumed registration for …

Gauhati H.C : whether the Explanation 1 and/or the Explanation 2 override the conditions precedent, embodied in the proviso to Section 147, for the purpose of re-opening of an assessment?

High Court Of Gauhati CIT vs. Sonitpur Solvex Limited Section 143(3) 147, 148 I. A. Ansari & Anima Hazarika, JJ. ITA 30/2011 19th March, 2013 Counsel appeared A Hazarika, D Deka for the Petitioner.: S Sarma, R Goenka, A Goenka for the Respondent JUDGEMENT 1. This is an appeal, preferred under Section 260A of the Income …

Madhya Pradesh H.C : The method of accounting adopted by the assessee is such that the income cannot be properly deduced, the Assessing Officer erred in law in taking recourse to the first proviso to section 145(1)

High Court Of Madhya Pradesh Mahakoshal Pottaries vs. CIT Assessment Year : 1994-95 Section : 145 Krishn Kumar Lahoti And M.A. Siddiqui, JJ. IT Appeal No.79 Of 2000 March 19, 2013 JUDGMENT 1. Heard. 2. This appeal was admitted on May 1, 2001, on the following substantial question of law : “Whether, in the absence of …

Allahabad H.C : the Tribunal was right in reading the Partnership deed of 24.05.1974 and the Memorandum of 06.02.1980 together and, on what basis, in maintaining the order of the Commissioner (A) directing registration to the firm for the assessment year 1980-81

High Court Of Allahabad CIT, Agra vs. Alison Singh & Co. Assessment Year : 1980-81 Section : 185 Prakash Krishna And Ram Surat Ram (Maurya), JJ. IT Reference No. 140 Of 1987 March 18, 2013 JUDGMENT Ram Surat Ram (Maurya), J. – At the instance of the Commissioner of Income Tax, Agra, the Income Tax Appellate …
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