412 ITR Archives - taxcaselaw.com

Bombay H.C : Order passed by DIT(E) is beyond the scope of Sec. 263 of the I T. Act when the subject matter of revision is applicability of proviso to Sec. 2(15) and not denial of exemption u/s. 11

High Court Of Bombay CIT (Exemption) vs. Slum Rehabilitation Authority Section 2(15), 10(20), 11, 80-I, 80-I(2), 143(3), 263, 263(1) Asst. Year 2009-10 Akil Kureshi & Sarang V. Kotwal, JJ. Income Tax Appeal No. 1359 OF 2016 26th March, 2019 Counsel Appeared: Suresh Kumar for the Petitioner.: S.E. Dastur, Sr. Counsel, Nishant Thakkar, Jasmin Amalsadvala, i/by Mint …

Delhi H.C : Whether the Tribunal is correct in law in holding that assumption of jurisdiction by the CIT, under Section 263 of the Act, was illegal?

High Court Of Delhi CIT vs. Sunil Lamba Section 55(2)(a), 263 Asst. Year 1995-96 S. Muralidhar & Sanjeev Narula, JJ. ITA 465/2003 20th March, 2019 Counsel Appeared: Ashok Manchanda, Sr. Standing Counsel, Pankaj Sinha, Adv. for the Petitioner : Ajay Vohra, Sr. Adv., Kavita Jha, Devika Jain & Anant Mann, Advs. for the Respondent. DR. S. …

Delhi H.C : The Assessee had paid compensation amount “once and for all to repurchase the property” and this was “in fact a sale consideration and cannot be allowed as business expenditure.”

High Court Of Delhi Gopal Das Estates & Housing Pvt. Ltd. & ORS. vs. CIT & Ors. Section 24, 36(1)(iii), 154, 194-I Asst. Year 1995-96 S. Muralidhar & Sanjeev Narula, JJ. ITA 210/2003, 609/2005, 611/2005, 772/2005, 1134/2005, 400/2009, 742/2009, 55/2010, 548/2010, 581/2010, 2078/2010 20th March, 2019 Counsel Appeared: M.S. Syali, Senior Advocate with Arta Trana Panda …

Madras H.C : Whether the Income Tax Law is a-political, a-religious in character, whether the character and attributes of the recipient of an income determines the taxability or the character of the receipt of income

High Court Of Madras Union Of India (Rep. By The Secretary Ministry Of Finance) And Ors. vs. The Society Of Mary Immaculate (Tamil Nadu)(Rep. By Its President) And Ors. Section 15, 192 & Section 4(3)(ia) of Income Tax Act, 1922 Dr. Vineet Kothari & C.V.Karthikeyan, JJ. Writ Appeal Nos.391 to 402, 569 to 583, 585 to …

S.C : The respondent-assesse (Bank) was entitled to claim deduction under Section 35-D

Supreme Court Of India Pr.CIT vs. Yes Bank Ltd. Section 260A, 35D Asst. Year 2007-2008 Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Civil Appeal No. 3148 OF 2019 (Arising out of S.L.P.(C) No.7118 of 2018) 15th March, 2019 Abhay Manohar Sapre, J. 1. Leave granted. 2. This appeal is filed against the final judgment and order …

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. …

Madras H.C : Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in law in not appreciating that the market value of the library materials that were available as on 01.04.1981 has to be estimated and thereafter indexation as provided u/s. 48 had to be allowed on such market value, while computing the capital gains on sale of library containing antique materials ?

High Court Of Madras Vallikannu Nagarajan And Sivagami Roja Muthiah vs. The DCIT Section 48 Asst. Year 1995-96 to 1999-2000 Dr. Vineeth Kothari & C.V. Karthikeyan, JJ. T.C. Nos.735 to 737 of 2009 7th March, 2019 Counsel Appeared: M.P. Senthil Kumar for the Petitioner.: M. Swaminathan, Standing Counsel, Premalatha, Jr. Standing. Counsel for the Respondent. DR. …

S.C : Whether Section 234-B applies to proceedings of the Settlement Commission under Chapter XIX-A of the said Act?

Supreme Court Of India Kakadia Builders Pvt. Ltd. & Anr. vs. ITO & Anr. Section 234A, 234B, 234C Abhay Manohar Sapre & Dinesh Maheshwari, JJ. Civil Appeal Nos.2491-2492 OF 2019 (Arising out of S.L.P.(C) Nos.21139-21140 of 2017) 5th March, 2019 Abhay Manohar Sapre, J. Leave granted. These appeals are directed against the final judgment and order …

S.C : Share Capital/Premium is credited in the books of account of the Assessee company, the onus of proof is on the assessee to establish by cogent and reliable evidence of the identity of the investor companies, the creditworthiness of the investors, and genuineness of the transaction, to the satisfaction of the Assessing Officer

Supreme Court Of India Pr.CIT (Central) vs. NRA Iron &Steel Pvt. Ltd. Section 68 Uday Umesh Lalit & Indu Malhotra, JJ. Civil Appeal No. 002463-002463/2019 (Arising out of SLP (Civil) No. 29855 of 2018) 5th March, 2019 INDU MALHOTRA, J. Leave granted. The present appeal arises out of the Judgment and Order dated 26.02 2018 passed …

S.C : Whether any amount of sugarcane purchase price paid by the assessee-society to its members/non-members above the SMP determined under Clause 3 of the Control Order, 1966, may be paid as per the price determined by the State Government under Clause 5A of the Control Order, 1966, can be said to be the sharing of profit and therefore is to be included in the return of income?

Supreme Court Of India CIT vs. Tasgaon Taluka S.S.K. Ltd. Section 40A(3) Asst. Year 1998-99 A. K. Sikri, S. Abdul Nazeer & M.R. Shah, JJ. Civil Appeal No. 8890 OF 2012, 2485 OF 2019, 2484 OF 2019, 2482 OF 2019, 2483OF 2019, 2486 OF 2019 5th March, 2019 M. R. SHAH, J. Leave granted in all …

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