Month: October 2014

Kerala H.C : Whether impugned notification cannot be viewed as discriminatory and violative of rights of assessee under article 14 of Constitution of India

High Court Of Kerala R. Surendran Vs. Union Of India Section : 32 A.K. Jayasankaran Nambiar, J. W.P. (C) No. 23789 Of 2010(W) October 31, 2014 JUDGMENT 1. The petitioner, who is an advocate by profession and an assessee under the Income-tax Act, 1961, challenges exhibit P10 notification dated April 21, 2009, by which the Income-tax …

Calcutta H.C : the creditworthiness of the creditors and genuineness of transactions were not proved at all and even in some cases the identity of the creditors remained unestablished and for that matter, the learned ITAT’s order is perverse

High Court Of Calcutta CIT, Central – III vs. Chandela Trading Co. (P.) Ltd. Section : 69A, 69 Assessment Year : 2005-06 Soumitra Pal And Arindam Sinha, JJ. IT Appeal No. 831 Of 2004 October 30, 2014 ORDER 1. The Court : This appeal has been filed under section 260A of the Income Tax Act, 1961 …

Andhra Pradesh And Telangana H.C : whether the statement said to have been recorded from the managing partner of the respondent would fit into the one referable to section 132(4)

High Court Of Andhra Pradesh And Telangana CIT vs. Balaji Steel Profiles Section 158BC, 69A and 132 Block period 1-4-1988 to 24-3-1999 L. Narasimha Reddy And Challa Kodanda Ram, JJ. IT Tribunal Appeal No. 247 Of 2003 October 29, 2014 JUDGMENT L. Narasimha Reddy, J. – The respondent is a manufacturer of steel and is an …

Allahabad H.C : Where based only on assessment records, Assessing Officer opined that depreciation on ‘plant and machinery’ and ‘land and building’ given on lease was not allowable, since there was no failure on part of assessee to fully and truly disclose all material facts, reopening of assessment was not valid

High Court Of Allahabad ACI Oils (P.) Ltd. Vs. DCIT Section : 32, 147, 148 Assessment year : 2007-08 Dr. Dhananjaya Yeshwant Chandrachud, CJ. And Pradeep Kumar Singh Baghel, J. Writ Tax No. 576 Of 2014 October 29, 2014 JUDGMENT 1. The petitioner has sought to challenge in these proceedings a notice issued under section 148 …

Madras H.C : Section 269T read with Section 271E is not applicable even though the Tribunal having found that the assessee had repaid the loans in cash, otherwise than by a accounting payee cheque or draft in contravention of Section 269T

High Court Of Madras CIT-I, Chennai Vs. T. Perumal (Indl.) Section : 269SS, 269T, 271D, 271E And 273B R. Sudhakar And R. Karuppiah, JJ. Tax Case (Appeal) Nos. 759 & 760 Of 2014 M.P. No. 1 Of 2014 October 29, 2014 JUDGMENT R. Sudhakar, J. – The above Tax Case (Appeals) are filed by the Revenue …

Allahabad H.C : Allowing the calculation of tax in violation of the provisions of the relevant Finance Act which prescribe calculation of tax as inclusive of cess and surcharge.

High Court Of Allahabad CIT Vs. Vacment India Section : 115JAA Assessment Year 2011-12 Dr. Dhananjaya Yeshwant Chandrachud, CJ. And Pradeep Kumar Singh Baghel, J. IT Appeal No.207 Of 2014 October 29, 2014 JUDGMENT 1. The appeal by the Revenue under section 260A of the Income-tax Act, 1961 arises from an order of the Income Tax …

Telangana And Andhra Pradesh H.C : Where block assessment was not only based upon statement of assessee but was also based on seized documents, retracted statement of assessee could not invalidate said assessment

High Court Of Telangana And Andhra Pradesh Y. Ramachandra Reddy Vs. ACIT(Assessment) Section : 158BC Block Periods : 1987-88 To 1997-1998 L. Narasimha Reddy And T. Sunil Chowdary, JJ. IT Tribunal Appeal No. 196 Of 2003 October 28, 2014 JUDGMENT L. Narasimha Reddy, J. – The appellant is an assessee under the Income-tax Act, 1961 (for …

Allahabad H.C : Delay in filing application u/s 10(23C)(vi) beyond statutory date should have been condoned, had no merit and, impugned order of Chief Commissioner rejecting assessee’s application was to be confirmed

High Court Of Allahabad I. D. Education Society Vs. Principal Chief Commissioner Of Income-Tax Section : 10(23c) Assessment Year ; 2013-14 Dr. Dhananjaya Yeshwant Chandrachud, Cj. And Pradeep Kumar Singh Baghel, J. Writ Tax No. October 28, 2014 JUDGMENT 1. The petitioner submitted an application under section 10(23C)(vi) of the Income-tax Act, 1961 the Act for …

Madras H.C : The assessee has satisfied the requirement of second proviso to Rule 5(1A) of the Income Tax Rules, and they are entitled for depreciation on windmills as per Appendix I is valid

High Court Of Madras CIT, Coimbatore Vs. ABT Ltd. Section 32, 68 R. Sudhakar And R. Karuppiah, JJ. Tax Case (Appeal) No. 559 Of 2014 October 27, 2014 JUDGMENT R. Sudhakar, J. – This Tax Case (Appeal) is filed by the Revenue as against the order of the Income Tax Appellate Tribunal raising the following substantial …
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