Month: July 2013

Allahabad H.C : The assessing officer to allow the deduction under sec. 80M on the dividend income of Rs. 62,10,000/- on units of UTI which was not originally claimed in the return of income but was claimed subsequently through application under sec.154 for the first time after the completion of the assessment

High Court Of Allahabad CIT (Central), Kanpur vs. Sahara India Savings & Investment Corpn. Ltd. Assessment Year : 1990-91 Section : 80M, 154 Sibghat Ullah Khan And Dr. Satish Chandra, JJ. IT Appeal No. 53 Of 2004 July 31, 2013 ORDER Dr. Satish Chandra, J. – Present appeal has been filed by the department under Section 260 …

Bombay H.C : Order under section 269UD could not be sustained where appropriate authority had not considered evidence of expert valuer, choose wrong comparable and adopted wrong method of valuation of property

High Court Of Bombay Satish Balan Vs. Union Of India Section : 269UD Mohit S. Shah, Cj.  And M.S. Sanklecha, J. Writ Petition No. 2435 Of 2011 July  30, 2013 JUDGMENT M.S. Sanklecha, J. – Rule. By consent returnable forthwith. At the request of the Counsel for the parties matter taken up for final hearing. 2. By this petition …

Uttarakhand H.C : Where assessee trust raised a claim for exemption under section 10(23C), in view of fact that assessee had paid certain amount as repairs which ultimately landed in hands of father of Chartered Accountant of trust who was totally unconnected with repairs work, Assessing Officer rightly inferred that money had been siphoned away from trust and thus its claim for exemption was to be rejected

High Court Of Uttarakhand Cambrian Hall Educational Trust Vs. CIT Assessment Years : 1998-99 To 2000-01 Section : 10(22) Barin Ghosh, Cj. And Servesh Kumar Gupta, J. IT Appeal Nos. 46 To 48 Of 2009 July  29, 2013 JUDGMENT Barin Ghosh, CJ. – These matters are pertaining to the assessment years 1998-1999, 1999-2000 and 2000-01. The …

Gujarat H.C : Where Assessing Officer having completed assessment under section 143(3), initiated reassessment proceedings after expiry of four years from end of relevant assessment year, in view of that in reasons recorded there was not even a whisper to effect that income had escaped assessment on account of any failure on part of assessee to disclose fully and truly all material facts necessary for its assessment, impugned reassessment proceeding deserved to be quashed.

High Court Of Gujarat General Motors India (P.) Ltd. vs. DCIT Assessment Year : 2005-06 Section : 147 M.R. Shah And Ms. Sonia Gokani, JJ. Special Civil Application No. 1588 Of 2013 July 29, 2013 JUDGMENT M. R. Shah, J. – Rule. Mr. K.M. Parikh, learned advocate waives the service of notice of rule on behalf …

Gujarat H.C : Where Assessing Officer having completed assessment under section 143(3), initiated reassessment proceedings after expiry of four years from end of relevant assessment year, in view of that in reasons recorded there was not even a whisper to effect that income had escaped assessment on account of any failure on part of assessee to disclose fully and truly all material facts necessary for its assessment, impugned reassessment proceeding deserved to be quashed.

High Court Of Gujarat General Motors India (P.) Ltd. vs. DCIT Assessment Year : 2005-06 Section : 147 M.R. Shah And Ms. Sonia Gokani, JJ. Special Civil Application No. 1588 Of 2013 July 29, 2013 JUDGMENT M. R. Shah, J. – Rule. Mr. K.M. Parikh, learned advocate waives the service of notice of rule on behalf …

Gauhati H.C : Whether, in the facts and in the circumstances of the case, the learned Tribunal was justified in confirming the order, dated 21.02.2008 of the learned Commissioner, Income Tax, Dibrugarh, in exercise of his powers under Section 263

High Court Of Gauhati Patkai Coal Products (P.) Ltd. vs. CIT Assessment Year : 2004-05 Section : 80-IA I.A. Ansari And Dr. Mrs. Indira Shah, JJ. IT Appeal No. 26 Of 2011 July  24, 2013 JUDGMENT I.A. Ansari, J. – This is an appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as …

Delhi H.C : Service charges received from the Heavy Water Board of Department of Atomic Energy could not be considered as profit derived from the industrial undertaking to qualify for deduction under Section 80-I of the Act

High Court Of Delhi Krishak Bharti Cooperative Ltd. Vs. DCIT Assessment Years : 1993-94 And 1994-95 Section : 80-I Badar Durrez Ahmed, Actg. Cj. And R.V. Easwar, J. IT Appeal Nos. 1248 Of 2010 And 614 Of 2011 July  24, 2013 JUDGMENT Badar Durrez Ahmed, Actg. CJ. – These appeals pertain to the assessment years 1993-94 and 1994-95. …

Madras H.C : Expansion of capital was undertaken to meet the need for working funds, expenditure incurred for the said purpose is capital expenditure and is not allowable in computing business income

High Court Of Madras Mascon Technical Services Ltd. Vs. CIT-III, Chennai Assessment Year : 1996-97 Section : 37(1) Mrs. Chitra Venkataraman And Ms. K.B.K. Vasuki, JJ. Tc (Appeal) No. 2699 Of 2006 July 23, 2013 JUDGMENT Mrs. Chitra Venkataraman, J. – The above Tax Case Appeal is filed at the instance of the assessee as against …
Malcare WordPress Security