Month: March 2017

Allahabad H.C : Undisclosed income in the form of cash & jewellery found & seized from various bank lockers be consider in the hands of the wife & sons of the assessee only because they owned it up when it was established that they had no known source to have accumulated so much of cash and jewellery whereas the assessee had huge undisclosed professional income

High Court Of Allahabad CIT (Central) Kanpur vs. Dr. G. G. Dhir Section : 69A Block period : 1-4-1997 to 24-4-2003 Bharati Sapru And Saumitra Dayal Singh, JJ. IT Appeal No. 55 Of 2010 March 30, 2017 ORDER 1. The present income tax appeal under Section 260-A of the Income Tax Act, 1961 has been filed …

Delhi H.C : The Income Tax Department for the Petitioner’s failure to file returns required under Section 139 of the Income Tax Act, the petitioner applied under Section 119(2)(b)

High Court Of Delhi Kumudam Publications (P.) Ltd. vs. Central Board of Direct Taxes Section 219, 199 S. Ravindra Bhat And Najmi Waziri, JJ. Wp (C) No. 11216 Of 2016 March 30, 2017 ORDER S. Ravindra Bhat, J. – The petitioner impugns an order dated 16th September 2016 of the third respondent which failed to give …

Allahabad H.C : Where assessee maintained books of account on mercantile basis and it had not disclosed rent accrued for months of February and March, there was material to form belief that income had escaped assessment and notice was rightly issued under section 148

High Court Of Allahabad Das Cold Storage vs. ACIT (OSD) Assessment Years : 1997-98 And 1999-2000 Section : 148 Rajesh Kumar And Pankaj Mithal, JJ. Writ Tax No. 901 Of 2004 April 1, 2010 JUDGMENT 1. By means of the present writ petition, the petitioner is challenging the notices issued under section 148 of the Income-tax …

Allahabad H.C : allowing the assessee’s claim for deduction to the extent of Rs. 6,84,520 on account of rent paid to the hotel close to the factory at Rampur and transit house in contravention of the provisions of section 37(4) read with section 37(5) of the Income-tax Act, 1961

High Court Of Allahabad CIT Vs. Modi Xerox (No.1) Assessment Year : 1990-91 Section : 36(1)(Vii) Rajes Kumar And Pankaj Mithal, JJ. IT Appeal No.256 Of 2000 February 25, 2010 JUDGMENT 1. Heard Sri A. N. Mahajan, learned standing counsel and Sri R. R. Agrawal, learned counsel appearing on behalf of respondent. 2. At the instance …

Delhi H.C : Tribunal accepted said plea and set aside assessment – On instant appeal, revenue pointed out that by virtue of Finance (No. 2) Act, 2009, an amendment has been introduced in section 132(1) with retrospective effect from 1-6-1994 whereby Additional Director has also been empowered to issue warrant of authorization

High Court Of Delhi CIT, Central-II vs. P.C. Jain (HUF) Assessment Year : 2001-02 Section : 132 Badar Durrez Ahmed And Siddharth Mridul, JJ. ITA Nos. 155 And 169 And Cm Nos. 1577 And 1578 Of 2010 February 16, 2010 JUDGMENT ITA Nos. 155/2010 and 169/2010 1. These two appeals arise out of the common order …

Karnataka H.C : deleting the prima facie adjustment made by the Assessing Officer pertaining to the interest of Rs. 74.75 lakhs accrued on intercorporate loans without realising that the Assessing Officer had full powers to make an adjustment with reference to deductions claimed by the assessee which is at variance in the profit and loss account and balance-sheet filed along with the return

High Court Of Karnataka CIT vs. United Breweries Ltd. Assessment Year : 1997-98 Section : 5 D.V. Shylendra Kumar And N. Ananda, JJ. IT Appeal No. 138 Of 2001 January 4, 2010 JUDGMENT D.V. Shylendra Kumar, J. – This appeal is by the Revenue under section 260A of the Income-tax Act, 1961, against the order of …

Himachal Pradesh H.C : Where prior to 1-4-1989, property of assessee was required to be assessed as per provision of rule 1BB which was then in existence, on basis of scheduled rates circulated by Government of India for bifurcating property in dispute for separate valuation

High Court Of Himachal Pradesh Commissioner of Wealth-tax vs. Bhanno Mal and Sons (HUF) Assessment Year : 1987-88 Section : 7 R.B. Misra, CJ. And Surinder Singh, J. WTR No. 1 Of 1996 And Wta Nos. 12, 13 And 14 Of 2001 December 8, 2009 JUDGMENT Surinder Singh, J. – This judgment shall answer the points …

Gujarat H.C : Whether Court’s power of judicial review on decision of Settlement Commission is very restricted and in an appeal, Court can only consider whether order of Settlement Commission is contrary to provisions of Act, and if so, whether it has prejudiced assessee apart from grounds of bias, fraud and malice which constitute a separate and independent category

High Court Of Gujarat Mahavir Rolling Mills (P.) Ltd. vs. Income-tax Settlement Commission Assessment Years : 1995-96 and 1996-97 Section : 245-I A.L. Dave And K.A. Puj, JJ. Spl. Civil Application No. 10109 Of 2008 August 17, 2009 ORDER K.A. Puj, J. – Rule. Mrs. Mauna M. Bhatt, waives service of notice of rule. With joint …
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