Month: May 2013

Uttarakhand H.C : Where it was not within assessee’s domain to have auditor appointed by registrar or State Government to complete audit within specified date, no penalty under section 271B should be imposed on assessee

High Court Of Uttarakhand CIT vs. Iqbalpur Cooperative Cane Development Union Ltd. Section : 44AB, 271B, 273B Barin Ghosh, Cj. And Servesh Kumar Gupta, J. IT Appeal No. 11 Of 2008 May  31, 2013 ORDER Barin Ghosh, CJ. – Respondent is a co-operative society registered under the U.P. Cooperative Societies Act, 1965. Sub-section (1) of Section 64 …

Delhi H.C : Requisite conditions of sec. 80-I are to be satisfied not only in first or the initial year but in all the assessment years in which the deduction under sect. 80-I is claimed by the assessee

High Court Of Delhi CIT vs. Delhi Press Patra Prakashan Ltd. Assessment Years : 1991-92 To 1994-95 Section : 80-I Badar Durrez Ahmed And Vibhu Bakhru, JJ. IT Reference Nos. 49 & 50 Of 1996 IT Appeal Nos. 151 & 302 Of 2002 & 480 Of 2005 May  31, 2013 JUDGMENT Vibhu Bakhru, J. – These are …

Allahabad H.C : the Income-tax Appellate Tribunal erred in law in deciding the addition of Rs.1,33,09,149/- on account of deemed gift within the meaning of the provisions of Section 4(1)(a) of the Gift Tax Act by holding that the transfer of property was made for adequate consideration, while the price paid by the respondent for acquiring the shares of the closely held companies of the Sahara Group was much more than the value of these shares as worked out in the manner laid down in Schedule II of the Gift Tax Act

High Court Of Allahabad CIT (Central) Vs. O.P. Srivastava Section : 4(1) Rajiv Sharma And Saeed-Uz-Zaman Siddiqi, Jj. IT Appeal Nos. 30 To 34 Of 2006 May 30, 2013 ORDER 1. Heard Mr. D.D. Chopra, learned counsel for the appellants and Mr. P.J. Pardiwala, Senior Advocate appearing for respondent in Income-tax Appeal No.32 of 2006. In other …

Allahabad H.C : Whether on the facts and circumstances of the case, the I.Tax Appellate Tribunal is legally justified to hold that since there was no jurisdiction order u/s 124 or u/s 127 of the I.T. Act, 1961 conferring jurisdiction over the case to the Joint Commissioner of I.Tax, Varanasi, the assessment order passed by him is a nullity and without jurisdiction.

High Court Of Allahabad CIT, Gorakhpur Vs. All India Children Care & Educational Development Society Assessment Years : 1993-94 To 1995-96 And 1997-98 Section : 124 Prakash Krishna And Manoj Kumar Gupta, Jj. It Appeal No. 89 Of 2003 May 30, 2013 JUDGMENT 1. Present appeal has been filed under Section 260A of the Income Tax Act, …
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