272 ITR Archives - taxcaselaw.com

Bombay H.C : Having taken into consideration the relevant aspects, we are of the view that the application made by the petitioner on 10th Sept., 1997, seeking extension under s. 80HHC(2)(a) for realisation of outstanding export proceeds requires reconsideration

High Court Of Bombay R. Kantilal & Co. vs. CIT & ORS. Section 80HHC(2)(a) V.C. Daga & J.P. Devadhar, JJ. Writ Petn. No. 460 of 2005 5th April, 2005 Counsel Appeared : S.M. Lala i/b S.M. Sarang, for the Petitioner : A.S. Rao, for the Respondents JUDGMENT By the court : Heard. Rule. The advocate on …

AAR : Whether the income derived by the applicant, a company incorporated in and tax resident of U.K., from trading in exchange traded derivative instruments in India would be taxable in India having regard to the provisions of the Double Tax Avoidance Agreement between India and U.K. (‘the DTAA’) ?

Authority For Advance Rulings Morgan Stanley & Co. International Limited, In Re Sections DTAA between India & UK, Art. 5, DTAA between India & UK, Art. 7, DTAA between India & UK, Art. 14, 90 Syed Shah Mohammed Quadri, J., Chairman & K.D. Singh, Member AAR No. 611 of 2003 29th November, 2004 Counsel Appeared Gautam …

Madhya Pradesh H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in deleting the addition of Rs. 55,677 particularly when the assessee had consented to the addition of Rs. 1 lakh, which was spread over by the Dy. CIT(A) over a period of three years ?

High Court Of Madhya Pradesh : Indore Bench CIT vs. Smt. Aparajitha Shantilal Mahajan Section 69 A.M. Sapre & Ashok Kumar Tiwari, JJ. IT Ref. No. 19 of 1997 29th November, 2004 Counsel Appeared None, for the Revenue : R. Gilda, for the Assessee JUDGMENT A.M. Sapre, J. : This is an income-tax reference made under …

Madhya Pradesh H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in deleting the addition of Rs. 55,677 particularly when the assessee had consented to the addition of Rs. 1 lakh, which was spread over by the Dy. CIT(A) over a period of three years ?

High Court Of Madhya Pradesh : Indore Bench CIT vs. Smt. Aparajitha Shantilal Mahajan Section 69 A.M. Sapre & Ashok Kumar Tiwari, JJ. IT Ref. No. 19 of 1997 29th November, 2004 Counsel Appeared None, for the Revenue : R. Gilda, for the Assessee JUDGMENT A.M. Sapre, J. : This is an income-tax reference made under …

AAR : Whether the granting of loan amounting to Rs. 360 millions by the applicant, being a nonresident corporate assessee, in favour of Datex-Ohmeda (India) (P) Ltd. (hereinafter referred to as “Datex”), which is its wholly- owned subsidiary company incorporated in India, without charging any interest, and accordingly without adhering to the principles of arm’s length price, actually results in the Government exchequer or the tax revenue of the country being benefited ?

Authority For Advance Rulings Instrumentarium Corporation, In Re Sections 92, 92(3), 245N(a), 245R(2), Proviso Syed Shah Mohammed Quadri, J., Chairman & K.D. Singh, Member AAR No. 609 of 2003 25th November, 2004 Counsel Appeared Rahul Krishna Mitra & Parikshit Datta, for the Applicant : G.E. Vahanvati & Sanjay Puri, for the CIT concerned Ruling Syed Shah …

Bombay H.C : The case does not involve such question : Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the Court to hear, for reasons to be recorded, the appeal on any other substantial question of law not formulated by it, if it is satisfied that the case involves such question.

High Court Of Bombay Chem Amit vs. Assistant Commissioner Of Income Tax Section 260A R.M. Lodha & J.P. Devadhar, JJ. IT Appeal No. 702 of 2003 23rd November, 2004 Counsel Appeared K. Gopal, for the Appellant JUDGMENT R.M. Lodha, J. : Heard K. Gopal, learned counsel for the assessee. The assessee has preferred this appeal under …

Allahabad H.C : Whether, on the facts and in the circumstances of the case, the assessee was. entitled to relief under ss. 80J and 80HH for the asst. yrs. 1976-77 and 1977-78.

High Court Of Allahabad CIT vs. Sultan & Sons Rice Mill Sections 80HH(2)(iv), 80J(4)(iv) Asst. Year 1976-77, 1977-78 R.K. Agrawal & Prakash Krishna, JJ. IT Ref. No. 198 of 1983 5th November, 2004 JUDGMENT Prakash Krishna, J. : At the instance of Revenue, following question of law has been referred by the Tribunal, Delhi, for opinion …

Andhra Pradesh H.C : This writ petition is filed assailing the order dt. 28th May, 1997, of the second respondent, CIT, passed under s. 264 of the IT Act, 1961, revising the order of the AO granting partial relief to the petitioner-assessee.

High Court Of Andhra Pradesh Andhra Pradesh Forest Development Corporation Ltd. vs. Assistant Commissioner Of Income Tax & Anr. Section 206C Asst. Year 1988-89, 1989-90, 1990-91, 1991-92, 1992-93, 1993-94 Bilal Nazki & S. Ananda Reddy, JJ. Writ Petn. No. 28498 of 1997 3rd November, 2004 Counsel Appeared Y. Ratnakar, for the Petitioner : S.R. Ashok, for …

Punjab & Haryana H.C : The claim was made after the period of limitation prescribed in s. 239 of the Act, he moved an application for condonation of delay under s. 119(2) (b) of the Act which has been rejected by the Central Board of Direct Taxes

High Court Of Punjab & Haryana (Full Bench) Jaswant Singh Bambha vs. Central Board Of Direct Taxes & Ors. Sections 119(2), 239, Limitation Act, 1963, ss. 5 & 29(2) Asst. Year 1995-96 Binod Kumar Roy, C.J.; N.K. Sud & Surya Kant, JJ. Civil Writ Petn. No. 19040 of 2003 1st November, 2004 Counsel Appeared P.C. Jain, …

Delhi H.C : Whether the assessee has fulfilled the conditions as prescribed under s. 80-O of the IT Act, 1961, to be eligible for deduction ?

High Court Of Delhi CIT vs. Mittal Corporation Sections 80-O, 260A Asst. Year 1992-93, 1993-94, 1994-95, 1995-96, 1996-97, 1997-98 B.C. Patel, C.J. & Badar Durrez Ahmed, J. IT Appeal No. 15 of 2001 & IT Ref. Nos. 238 of 2002, 222, 230 & 411 of 2003 and 239 of 2004 1st November, 2004 Counsel Appeared R.D. …

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