Category: Section 21

Karnataka H.C : whether the Tribunal is justified in setting aside the orders passed by the WTO in levying penalty under s. 18(1)(a) of the Act for belated filing of the wealth-tax returns for the asst. yrs. 1981-82 and 1982-83 ?

High Court Of Karnataka Commissioner Of Wealth Tax vs. Chikmagalur Club Section WT 3, WT 18(1)(a), WT 21AA Asst. Year 1980-81, 1981-82, 1982-83, 1983-84 H.L. Dattu & H.N. Nagamohan Das, JJ. Tax Refd. Case Nos. 1, 2 & 120 of 1998 25th August, 2005   Counsel Appeared : M.V. Seshachala & Aravind, for the Applicants : …

Delhi H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the net wealth of the assessee-trust was exempt under s. 5(1)(i) of the WT Act, 1957 ?

High Court Of Delhi Commissioner Of Wealth Tax vs. Sir Shoba Singh Public Charitable Trust Sections WT 5(1)(i), WT 21A, 13(1)(c), 13(3) Asst. Year 1973-74, 1974-75, 1975-76, 1976-77, 1977-78, 1978-79, 1979-80, 1980-81,1981-82, 1982-83, 1983-84 B.C. Patel, C.J. & Badar Durrez Ahmed, J. WT Ref. Nos. 102 to 104, 126 & 173 of 1987; 21 & 41 …

Gujarat H.C : Whether in law and on facts, the Tribunal is right in holding that the assessee- trust is entitled to exemption under s. 5(1)(xxiii) of the WT Act, 1957?

High Court Of Gujarat Commissioner Of Wealth Tax vs. Parwatibai Trust Sections WT 5(1)(xxiii), WT 21A Asst. Year 1980-81 M.S. Shah & A.M. Kapadia, JJ. WT Ref. No. 29 of 1991 15th January, 2004 Counsel Appeared Mrs. Mona M. Bhatt, for the Petitioner : None, for the Respondent JUDGMENT M.S. Shah, J. : In this reference …

Madras H.C : Whether the Tribunal was right in holding that the assessee-trust is exempt from wealth-tax under s. 5(1) of the WT Act without considering the provisions of s. 21A(iii) which was brought into effect from 1st April, 1985 ?

High Court Of Madras Director Of Income-Tax (Exemptions) vs. A.V. Narayanan Trust Section 13(1)(d), WT 5(1)(i), WT 21A(iii) Asst. Year 1987-88 & 1988-89 R. Jayasimha Babu & S.R. Singharavelu, JJ. TC Nos. 328 & 329 of 2001 9th December, 2003 Counsel Appeared : J. Nareshkumar, for the Department : None appeared, for the Assessee JUDGMENT R. …

S.C : Whether the Hon’ble Court was justified in holding that the estate duty liability arising on the assumed death of life interest holder on notional basis is liable to be deducted from the valuation of the asset in the context of valuation of interest of the remainder interest holder ?

Supreme Court Of India Commissioner Of Wealth Tax vs. Trustees Of Heh Sections WT 7, WT 21(4) V.N. Khare, C.J.; R.C. Lahoti, B.N. Agrawal, S.B. Sinha & AR. Lakshmanan, JJ. Civil Appeal No. 4703 of 1999 16th April, 2003 Counsel Appeared R.P. Bhatt with Ranbir Chandra, Ms. Neera Gupta, Rajiv Tyagi, K.C. Kaushik, Pritesh Kapoor, B.V. …

Delhi H.C : Whether, on the facts and in the circumstances of the case, the learned Tribunal was justified in deleting the addition of Rs. 7,03,838 for the asst. yr. 1975-76, respectively, made by the WTO on account of assets held by the assessee-trust in two excluded companies under s. 13(2) of the IT Act ?

High Court Of Delhi Commissioner Of Wealth Tax vs. Daulat Ram Public Mission Sections WT 21A, WT 27(3) Asst. Year 1975-76 D.K. Jain & Madan B. Lokur, JJ. WT Case No. 55 of 1988 23rd January, 2003 Counsel Appeared R.C. Pandey with Ajay Jha, for the Applicant : B.N. Goswamy, for the Respondent JUDGMENT D.K. JAIN, …

Madras H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that since the assessee is to be taxed as an ‘individual’ for the purpose of the WT Act under s. 21(4), the benefit under s. 5 of the Act cannot be denied to the assessee ?

High Court Of Madras Commissioner Of Wealth Tax vs. K. Santhanam Trust Sections WT 5, WT 21(4) Asst. Year 1982-83, 1984-85, 1986-87, 1987-88 N.V. Balasubramanian & K. Raviraja Pandian, JJ. Tax Case Nos. 255 to 260 of 1997 18th November, 2002 Counsel Appeared Mrs. Pushya Sitharaman, for the Applicant : J. Narayanaswamy for M/s Subbarya Aiyar, …

Andhra Pradesh H.C : Whether, on the facts and in the circumstances of the case, the trust funds relating to Schs. I and VI for the asst. yrs. 1969-70 to 1972-73, Schs. I to IV and VI for the asst. yrs. 1973-74 to 197778, and Schs. I, IV, V and VI for asst. yr. 1978-79 can be merged into one single trust and assessment made upon the aggregate value of the jewellery specified in the aforesaid Schedules under s. 21(4) of the WT Act, 1957 ?

High Court Of Andhra Pradesh Trustees Of H.E.H., The Nizam’s Supplementary Jewellery Trust vs. Commissioner Of Wealth Tax Sections WT 21(1), WT 21(4) Asst. Year 1969-70, 1970-71, 1971-72, 1972-73, 1973-74, 1974-75, 1975-76, 1976-77, 1977-78, 1978-79 S.R. Nayak & S. Ananda Reddy, JJ. Case Ref. No. 132 of 1991 20th December, 2001 Counsel Appeared P. Murali Krishna, …

Rajasthan H.C : This is an application under s. 27(3) of the WT Act, 1957, for requiring the Tribunal, Jodhpur Bench, Jodhpur to submit the statement of case and refer the questions of law said to be arising out the Tribunal’s order, dt. 25th March, 1998.

High Court Of Rajasthan Commissioner Of Wealth Tax vs. H.H. Rajdadi Smt. Badan Kanwar Medical Trust Sections WT 3,WT 21, WT 21A, WT 21AA, WT 27(3) Rajesh Balia & Jagat Singh, JJ. WT Ref. Appln. No. 40 of 2001 15th September, 2001 Counsel Appeared Sundeep Bhandawat, for the Applicant JUDGMENT BY THE COURT : Heard learned …
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