Category: Sec. 256(2)

S.C : Whether, on the facts and circumstances of the case, the Tribunal was right in law in having upheld in entirety the disallowance of the assessee’s claim of a sum of Rs. 8,00,063 on account of demurrage and wharfage recovered from the assessee by the North Western Railways, merely because a claim against the contractor was pending for arbitration ?

Supreme Court Of India Punjab Small Industries Corporation Ltd. vs. CIT Section 256(2) B.N. Kirpal, U.C. Banerjee & Brijesh Kumar, JJ. Civil Appeal No. 7353 of 2000, arising out of SLP(C) No. 6378 of 1999 12th December, 2000 ORDER BY THE COURT : Special leave granted. 2. After hearing the counsel for the parties, in our …

Allahabad H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was legally correct in quashing the order of the CIT(A) holding that the sale proceeds of scrap value are not taxable ?

High Court Of Allahabad CIT vs. Sir Shadi Lal Enterprises Section 256(2) Sudhir Narain & Bhagwan Din, JJ. IT Appln. No. 35 of 1998 11th January, 2001 Counsel Appeared Prakash Krishna, for the Applicant : Rajesh Kumar, for the Respondent JUDGMENT BY THE COURT : The Department has sought to refer the following two questions of …

Punjab & Haryana H.C : Whether, on the facts and in the circumstances of the case and in view of the provisions of s. 80HH(9), the Tribunal is right in holding that the deduction under ss. 80HH and 80-I are independent deductions and are to be allowed with reference to the gross total income ?

High Court Of Punjab & Haryana CIT vs. S.B. Oil Industries (P) Ltd. Sections 80HH, 80-I, 256(2) Asst. Year 1988-89 G.S. Singhvi & M.M. Aggarwal, JJ. IT Case No. 22 of 1998 29th November, 2004 Counsel Appeared Rajesh Bindal, for the Petitioner : None, for the Respondent JUDGMENT G.S. Singhvi, J. : In this petition filed …

Madhya Pradesh H.C : Whether, on the facts and in the circumstances of the case, Tribunal was justified in holding that no penalty under s. 271(1)(c) can be levied in the case of the income assessed on negative figure even though Expln. 4 to s. 271(1) provided for levy of penalty in such cases ?

High Court Of Madhya Pradesh : Indore Bench CIT vs. Chirag Ingots (P) Ltd. Section 256(2), 271(1)(c) Asst. Year 1991-92 A.M. Sapre & Ashok Kumar Tiwari, JJ. IT Ref. No. 68 of 1999 4th October, 2004 Counsel Appeared : R.L. Jain, for the Applicant ORDER A.M. Sapre, J. : This is an application made by Revenue …

Punjab & Haryana H.C : Whether, on the facts and in the circumstances of the case, the CIT(A)/ Tribunal was right in law in deleting the addition of Rs. 8,13,090 made by the AO on account of undervaluation of closing stock by changing the method of valuation by the assessee ?

High Court Of Punjab & Haryana CIT vs. Haryana Minerals Ltd. Section 256(2) Asst. Year 1981-82 N.K. Sud & Adarsh Kumar Goel, JJ. ITC No. 50 of 1991 5th August, 2004 Counsel Appeared A.S. Tewatia, for the Appellant JUDGMENT N.K. Sud, J. : This petition has been filed by the Revenue under s. 256(2) of the …

Punjab & Haryana H.C : Whether, on the facts and circumstances of the case, the Tribunal was right in holding that the provisions of s. 52(2) of the IT Act, 1961, are automatically attracted to a case where the difference in the market price and the apparent consideration was more than 15 per cent ?

High Court Of Punjab & Haryana Sushil Kumar vs. CIT Section 52(2), 256(2) Asst. Year 1982-83 N.K. Sud & Adarsh Kumar Goel, JJ. IT Case No. 115 of 1993 5th August, 2004 Counsel Appeared : Akshay Bhan, for the Petitioner : Dr. N.L. Sharda, for the Respondent JUDGMENT N. K. Sud J. : We have heard …

Madhya Pradesh H.C : Whether, on the facts and in the circumstances of the case, Tribunal was justified in law in allowing the benefits of s. 54F to an assessee who owned another residential house on the date of transfer?

High Court Of Madhya Pradesh : Indore Bench CIT vs. Ajit Singh Khajanchi Sections 256(2) A.M. Sapre & Ashok Kumar Tiwari, JJ. MCC No. 137 of 1995 13th May, 2004 Counsel Appeared R.L. Jain, for the Appellant : Joshi, for the Respondent ORDER A.M. Sapre, J. : This is an application made at the instance of …

Madhya Pradesh H.C : The application made by the Revenue to Tribunal under s. 256(1) of the Act was dismissed giving rise to filing of this application by the Revenue under s. 256(2)

High Court Of Madhya Pradesh : Indore Bench CIT vs. Chunni Lal Premraj & Company Section 256(2) A.M. Sapre & Ashok Kumar Tiwari, JJ. MCC No. 585 of 1994 6th May, 2004 Counsel Appeared : R.L. Jain, for the Applicant : B.K. Joshi, for the Respondent JUDGMENT A.M. Sapre, J. : This is an application made …
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