Month: August 2013

Bombay H.C : Whether it is immaterial for purpose of filing an application before Settlement Commission whether time limit for issuing notice under section 143(2) has expired or not

High Court Of Bombay CIT Vs. Income Tax Settlement Commission Assessment Year : 2010-11 Section : 245D Mohit S. Shah, C.J. And M.S. Sanklecha, J. Writ Petition No. 1266 Of 2013 August 30, 2013 JUDGMENT M. S. Sanklecha, J. – By this Petition under Article 226 of the Constitution of India, the revenue challenges the order dated …

Delhi H.C : Where loss in respect of bad debt written off on account of loan given to a subsidiary company, was rejected in view of legal position, which was against assessee, and not because of statement of incorrect or wrong facts, penalty could not be levied

High Court Of Delhi CIT, Delhi –IV Vs. DCM Ltd. Assessment Year : 2002-03 Section : 271(1)(C), 36(1)(Vii) Sanjiv Khanna And Sanjeev Sachdeva, Jj. IT Appeal No. 98 Of 2013 August  30, 2013 ORDER Sanjiv Khanna, J. – This appeal under Section 260A of the Income Tax Act, 1961 (Act, for short) by Commissioner of Income Tax, Delhi-IV …

Karnataka H.C : No TDS need be deducted in respect of a sum of Rs.54,73,643/- where gifts like car, gold, silver etc., were distributed to 3rd parties under price scheme without taking into consideration proviso to Section 194B and Section 2(24)(ix) of the Act and erroneously relying on a non-existent CBDT Circular No. 956

High Court Of Karnataka CIT, Central Circle, Bangalore vs. Hindustan Lever Ltd. Assessment Years : 2001-02 And 2002-03 Section : 194B, 2(24), 201 Dilip B. Bhosale And B. Manohar, JJ. IT Appeal Nos. 142 & 144 Of 2007 August 30, 2013 JUDGMENT Dilip B. Bhosale, J. – These appeals arise from common order dated 7.3.2006 rendered …

Delhi H.C : Where order under section 271G did not mention which document or information mentioned in notice under section 92D(3) was not furnished by assessee, penalty under section 271G could not be sustained

High Court Of Delhi CIT –II vs. Leroy Somer & Controls (India) (P.) Ltd. Section : 92D, 271G Sanjiv Khanna And Sanjeev Sachdeva, JJ. IT Appeal No. 410 Of 2012 August 30, 2013 ORDER Sanjiv Khanna, J. – Commissioner of Income Tax, Delhi-II in this appeal under Section 260A of the Income Tax Act, 1961 (Act, …

Madhya Pradesh H.C : Where Assessing Officer made addition to assessee’s income in respect of certain amount received from ‘P’ by invoking provisions of section 2(22)(e), in view of fact that said amount was received through account payee cheques in accordance with sale agreement entered into between assessee and company ‘P’ for sale of land owned by assessee, impugned addition deserved to be deleted

High Court Of Madhya Pradesh CIT Vs. Om Prakash Suri (No. 2) Assessment Year : 2004-05 Section : 2(22) P.K. Jaiswal And Mrs. S.R. Waghmare, Jj. It Appeal No. 4 Of 2013 August  29, 2013 JUDGMENT 1. Shri R. L. Jain, learned senior advocate with Ms. Veena Mandlik, advocate, for the appellant. 2. Shri P. M. Choudhary, advocate, …

Allahabad H. C : Whether the hon’ble Tribunal has erred in law in holding that there was no deemed gift within the meaning of section 4(1)(c) of the Gift-tax Act in respect of the interest amount of Rs. 1.70 crores surrendered/abandoned by the respondent in favour of its sister concerns ?

High Court Of Allahabad CGT Vs. Sahara India (Firm) Assessment Year : 1990-91 Section : 4 Rajiv Sharma And Dr. Satish Chandra, Jj. It Appeal (G.T.) Nos. 103 & 104 Of 2005 August  27, 2013 JUDGMENT Dr. Satish Chandra, J. – Both the appeals have been filed by the Department under section 26A of the Gift-tax …

S.C : Where order under section 271G did not mention which document or information mentioned in notice under section 92D(3) was not furnished by assessee, penalty under section 271G could not be sustained

Supreme Court Of India Kathiroor Service Cooperative Bank Ltd. vs. CIT (CIB) Section : 133 H. L. Dattu And Sudhansu Jyoti Mukhopadhaya, JJ. Civil Appeal Nos. 7460 Of 2013 & Others August 27, 2013 ORDER 1. Leave granted in all the Special Leave Petitions. 2. Since the facts involved in all these appeals are similar, we …

S.C : In view of provisions of section 133(6) as amended by Finance Act, 1995, assessing authority is empowered to issue notice calling for general information for purpose of any enquiry even in a case where proceeding is not pending against assessee after obtaining prior approval of Director or Commissioner, as the case may be, before issuance of such notice

Supreme Court Of India Kathiroor Service Cooperative Bank Ltd. vs. CIT (CIB) Section : 133 H. L. Dattu And Sudhansu Jyoti Mukhopadhaya, JJ. Civil Appeal Nos. 7460 Of 2013 & Others August 27, 2013 ORDER 1. Leave granted in all the Special Leave Petitions. 2. Since the facts involved in all these appeals are similar, we …

Punjab & Haryana H.C : the Tribunal was legally correct in upholding the order of the Assessing Officer without adverting to the evidence and material brought on record by the assessee

High Court Of Punjab And Haryana ATM Forgings VS. CIT -ii, Jalandhar Assessment Year : 2002-03 Section : 254, 32, 69 Ajay Kumar Mittal And Jaspal Singh, Jj. It Appeal No. 598 Of 2008 August  26, 2013 JUDGMENT Ajay Kumar Mittal, J. – This order shall dispose of ITA Nos.598 and 618 of 2008 as both …

Delhi H.C : Where Assessing Officer did not complete assessment within period of one year, any interest liability for period beyond that one year could not be foisted on assessee unless delay in not completing assessment within period of one year was clearly attributable to assessee

High Court Of Delhi Kelvinator Of India Ltd. Vs. CIT Assessment Year : 1985-86 Section : 215 Badar Durrez Ahmed, Actg. CJ. And R.V. Easwar, J. W.P.(C) No. 1113 Of 1991 August 23, 2013 JUDGMENT Badar Durrez Ahmed, Actg. CJ. – The only issue which arises for consideration in this writ petition is whether the petitioner is …
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