Category: Section 260

Kerala H.C : Where the due date for issue of notice under Section 143(2) had expired, as on the date of search, there could be no re-assessment made by virtue of the provisions under Section 153A; of such matters as available in the returns filed, which stands concluded by sheer efflux of time

High Court Of Kerala CIT vs. K.P. Ummer, Prop. Star Rolling Mill Section 132, 132A, 139, 143(2), 147, 149, 153(1), 153A, 153A(1), 153A(1)(a), 153A(2), 158, 260A Asst. Year 2003-04 to 2004-05 K.Vinod Chandran & Ashok Menon, JJ. ITA Nos. 174, 156, 171, 175, 178, 183, 188 of 2013 19th February, 2019 Counsel Appeared: P.K.R. Menon, Sr. …

Madras H.C : Whether the expenditure claimed by the Assessee is to be treated as Revenue Expenditure or Capital Expenditure

High Court Of Madras Hanon Automotive Systems India Private Limited (Previously Known As M/S.Visteon Automotive Systems India Private Limited) Represented By Its Authorised Signatory Mr.B. Swaminathan vs. DCIT Section 147, 148, 260A Asst. Year 2011-2012 Dr. Vineet Kothari & C.V.Karthikeyan, JJ. W.A.Nos.830 and 835 of 2019 and C.M.P.No.6495 of 2019 14th March, 2019 Counsel Appeared: N.V.Balaji …

Madras H.C : Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is right in law in confirming the assessment of Rs.58,60,105/- as income of the appellant, invoking Section 41(1) of the Income Tax Act?

High Court Of Madras West Asia Exports & Imports (P) Ltd. vs. Assistant Commissioner Of Income Tax Section 23, 41, 41(1), 260A Asst. Year 2003-04 Dr. Vineet Kothari & C.V.Karthikeyan, JJ. Tax Case Appeal No.302 of 2008 11th March, 2019 Counsel Appeared: M.P. Senthil Kumar for the Petitioner.: M.Swaminathan, Senior Standing Counsel for the Respondent. DR. …

S.C : The Revenue arises out of the income tax proceedings initiated against the respondent(assessee) on the basis of a search operation which was carried out by the Income Tax Department in assessee’s premises

Supreme Court Of India CIT vs. Rashtradoot (HUF) Section 260A Asst. Year 1987-88 to 1996-97 & 1997-98 Abhay Manohar Sapre & Dinesh Maheshwari, JJ. CIVIL APPEAL No. 2362 OF 2019 (Arising out of S.L.P.(C) No.20075 of 2017) 27th February, 2019 ABHAY MANOHAR SAPRE, J. Leave granted. This appeal is filed against the final judgment and order …

Bombay H.C : Whether on the facts and in the circumstances of the case and in law, the ITAT was correct in not treating the Hospital Based Consultants (HBCs) as employees and therefore provisions of Section 192 is not applicable?

High Court Of Bombay Pr.CIT (TDS) vs. National Health & Education Society (P.D. Hinduja Hospital & Medical Research Centre) Section 3, 131, 133A, 192, 194C, 194H, 194J, 201, 201(1), 201(IA), 260A S.C.Dharmadhikari & B.P. Colabawalla, JJ. Income Tax Appeal No.105 of 2016 WITH 116 of 2016, 112 of 2016, 115 of 2016, 121 of 2016, 128 …

Madras H.C : Whether the Appellate Tribunal is correct in law in sustaining the levy of penalty u/s 271 (1)(c) of the Act on the rejection of claim of depreciation which was surrendered in the course of the assessment proceedings and farther on the claim of certain expenses which claim was reversed in the same proceedings by the Appellant even though there was total violation of the principles of natural justice as well as the Doctrine of Fair Procedure

High Court Of Madras B. Loganathan vs. ITO Section 32, 260A, 271(1), 271(1)(c) Asst. Year 2000-01 Dr. Vineet Kothari & C.V. Karthikeyan, JJ. Tax Case Appeal No. 120 of 2009 7th February, 2019 Counsel Appeared: Kaushik, S.Sridhar for the Petitioner.: Premalatha, Jr. Standing Counsel for the Respondent. DR. VINEET KOTHARI, J.: The assessee has filed this …

Madras H.C : Section 10B(6) was attracted and deduction under Section 10B was to be computed without setting off of any carried forward losses and unabsorbed depreciation of the earlier assessment years

High Court Of Madras Intimate Fashions (India) P. Ltd. vs. Assistant Commissioner Ofincome Tax Section 10A, 10A(1), 10A(1A), 10A(4), 10A(6), 10B, 10B(4), 10B(6), 30 to 43D, 32(2), 70, 72 and 74, 260A, 263 Asst. Year 2003-04 S. Sivagnanam & V. Bhavani Subbaroyan, JJ. Tax Case Appeal Nos. 1456 & 1169 of 2008 11th January, 2019 Counsel …

Delhi H.C : What is an outgoing of capital and what is an outgoing on account of revenue depends on what the expenditure is calculated to effect from a practical and business poin of view rather than upon the juristic classification of the legal rights, if any, secured, employed or exhausted is the process

High Court Of Delhi ICS Systems Private Limited vs. CIT Section 143(2), 260A Asst. Year 2001-02 Sanjiv Khanna & Anup Jairam Bhambhani, JJ. INCOME TAX APPEAL No. 132/2009 10th January, 2019 Counsel appeared: A.P. Sinha, Advocate for the Petitioner.: Ashok K. Manchanda, Sr. Standing Counsel for the Revenue SANJIV KHANNA, J. (ORAL): 1. M/s ICS Systems …

Bombay H.C : The disallowance of deputation and other cost by relying on the CIT(A) order, which in turn had relied upon the report of Special Auditors appointed u/S. 142(2A)

High Court Of Bombay Pr. CIT vs. Tulip Hospitality Service Ltd. Section 260A, 142(2A), 143(3) Asst. Year 2004-05 & 2005-06 Akil Kureshi & M. S. Sanklecha, JJ. ITA NO. 835 OF 2016 With 836 OF 2016 17th December, 2018 Counsel Appeared: Suresh Kumar for the Appellant.: Percy Pardiwalla, Sr. Advocate with Atul Jasani for the Respondent …
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