Month: January 2014

Karnataka H.C : The payment made for the right to use central court yard along with the marble installed therein to carry on its hotel business is a revenue expenditure allowable under section 37 of the Act and not a capital expenditure as held by the assessing officer

High Court Of Karnataka CIT, Central Circle vs. ITC Hotels Assessment Year : 1998-99 Section : 37(1), 80-IA, 80HHD Dilip B. Bhosale And B. Manohar, JJ. IT Appeal No. 529 Of 2007 January  31, 2014 ORDER Dilip B. Bhosale, J. – This income tax appeal is against the order dated 12.2.2007 rendered by the Income Tax …

Kerala H.C : While allowing claim under section 80P, an enquiry has to be conducted whether co-operative bank is conducting business as a primary agriculture credit society or a primary co-operative agricultural and rural development bank; claim cannot be allowed merely on basis of registration or nomenclature

High Court Of Kerala Perinthalmanna Service Co-Operative Bank Ltd. vs. ITO Assessment Year : 2009-10 Section : 80P, 263 Dr. Manjula Chellur, Cj. And A.M. Shaffique, J. IT Appeal No. 4 Of 2014 January  31, 2014 JUDGMENT Dr. Manjula Chellur, CJ.– Heard learned counsel for the petitioner. 2. We have gone through the orders of the …

Delhi H.C : Where issue of double addition was not raised before Tribunal in grounds of appeal or in course of arguments, Tribunal was not bound to consider said issue; rectification of Tribunal’s order would not be required

High Court Of Delhi Dholadhar Investment (P.) Ltd. vs. CIT Assessment Years : 1998-99 And 1999-2000 Section : 68, 254 S. Ravindra Bhat And R.V. Easwar, JJ. W.P. (C) Nos. 369 & 370 Of 2014 Cm Appeal No. 740 Of 2004 January 31, 2014 JUDGMENT 1. These petitions urge the court in exercise of its powers …

S.C : Benefit of proviso to section 276CC is available only to voluntary filing of return as required under Section 139(1) and said proviso would not apply after detection of failure to file return and after a notice under section 142(1)(i) or section 148 is issued calling for filing of return of income

Supreme Court Of India Sasi Enterprises vs. ACIT Assessment Years : 1991-92 To 1993-94 Section : 276CC, 139, 142, 148, 144, 278E K.S. Radhakrishnan And A.K. Sikri, JJ. Criminal Appeal Nos. 61 To 64 Of 2007 January 30, 2014 JUDGMENT K.S. Radhakrishnan, J. – We are concerned with four Criminal Appeals No.61 to 64 of 2007, …

Karnataka H.C : The valuation arrived at in respect of Vasudev Building by the District Valuation Officer was a mere opinion and the same cannot be taken in to account for the purpose of bringing the difference in the valuation of the building as the undisclosed income for the Block Period without actually examining the correctness of the finding recorded by the Valuation Officer

High Court Of Karnataka CIT, Central Circle vs. Vasudev Construction Block Period : 1-4-1989 To 28-1-2000 Section : 158BB Dilip B. Bhosale And B. Manohar, JJ. IT Appeal No. 369 Of 2007 January  30, 2014 JUDGMENT B. Manohar, J. – The revenue has preferred this appeal under Section 260-A of the Income Tax Act, 1961 (for …

Calcutta H.C : Where Commissioner (Appeals) deleted disallowance made by Assessing Officer and thereupon Assessing Officer passed an order on assessee granting refund, but no order for payment of interest under section 244(1A) on refund amount was passed and assessee aggrieved by order omitting to grant interest preferred appeal before Commissioner (Appeals), said appeal was maintainable under section 246

High Court Of Calcutta CIT, W.B.–II vs. Biswanath Pasari Assessment Year : 1986-87 Section : 246, 143, 244, 251 Girish Chandra Gupta And Tapash Mookherjee, JJ. IT Appeal No. 164 Of 2001 January 29, 2014 ORDER 1. The Court : This appeal is directed against an order dated 15th December, 2000 passed by the learned Income …

Kerala H.C : the Tribunal had erred or not in overlooking the evidence relating to the cost of construction provided by the assessee and accepting the valuation as provided by the Valuation Officer

High Court Of Kerala Medical Land vs. CIT (Appeals), Kochi Assessment Year : 1995-96 Section : 158B, 132, 32, 158BB, 158BFA, 271(1)(c) K.M. Joseph And K. Harilal, JJ. IT Appeal No. 221 Of 2012 January  29, 2014 JUDGMENT K.M. Joseph, J. – Following Questions of law arise for consideration before this Hon’ble Court. “(a) Whether in …

Calcutta H.C : Assessee was engaged in assembly, reassembly, installation, renovation, continuous updating machinery, plants, mechanical, electronic and air-conditioning systems on board foreign vessels mostly while vessel was sailing on high seas, would be foreign project within meaning of section 80HHB(2)(b)(ii)/(iii)

High Court Of Calcutta Maritime Overseas vs. CIT Section : 80HHB Girish Chandra Gupta And Tapash Mookherjee, JJ. IT Appeal No. 249 Of 2003 January 28, 2014 JUDGMENT 1. The subject matter of challenge in this appeal by the assessee is a judgment and order dated June 10, 2003, by which the learned Tribunal disallowed deduction …

Gujarat H.C : The appellant was not a manufacturer/producer of mathia and chorafali and, therefore, was not entitled to section 10B relief in respect of profits therefrom

High Court Of Gujarat Deepkiran Foods (P.) Ltd. vs. ACIT, Range -1 Assessment Year : 2008-09 Section : 10B Akil Kureshi And Ms. Sonia Gokani, JJ. Tax Appeal No. 413 Of 2013 January 28, 2014 JUDGMENT Akil Kureshi, J. – The assessee has filed this tax appeal calling in question the judgment of the Income-tax Appellate …

Madras H.C : Expression ‘resulted into an order prejudicial to interest of revenue’, in order of Commissioner was sufficient for invoking power under section 263 and assessee ought not to have approached writ court at stage of show-cause notice

High Court Of Madras Hemanth Kumar Bothra vs. CIT, Chennai-Xi Section : 263, 45 Mrs. Chitra Venkataraman And T.S. Sivagnanam, JJ. Writ Appeal No. 113 Of 2014 M.P. No. 1 Of 2014 January  28, 2014 JUDGMENT T.S. Sivagnanam, J. – This Writ Appeal is directed against the order dated 28.11.2013 passed in W.P.No.5663 of 2013. 2. …
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