Tag: Allahabad High Court

Allahabad H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in pholding the imposition of penalty under s. 271(1)(c) of the IT Act, 1961, in respect of both the years under reference ?

High Court Of Allahabad Pandit Govind Prasad Mishra vs. CIT Sections 271(1)(c), 274 Asst. Year 1971-72, 1972-73 S.L. Saraf & Ikram-Ul-Bari, JJ. IT Ref. No. 289 of 1981 24th February, 1999 Counsel Appeared Vikram Gulati, for the Assessee : Shambhu Chopra, for the r Commissioner JUDGMENT S.L. SARAF, J. : At the instance of the assessee, …

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 …

Allahabad H.C : Whether on the facts and circumstances of the case, the ITAT has erred in law and fact by not setting aside the issue of addition of Rs. 3,38,72,852/-on non-genuine purchases to the file of the CIT(A) while the learned ITAT quashed the direction of CIT(A) on the same especially in view of the fact that the ITAT is the ultimate fact finding authority, it should have either settled the issue on the basis of material on record or set aside the matter to the CIT(A) for deciding within the powers vested in it?

High Court Of Allahabad Pr.CIT vs. Meerut Roller Flour Mills (P) Ltd. Section 143(3) Asst. Year 2009-10 Bharati Sapru & Piyush Agrawal, JJ. Income Tax Appeal No. -284 of 2017 17th January, 2019 Counsel Appeared: Manu Ghildyal, Counsel for the Petitioner.: Suyash Agarwal for the Respondent PIYUSH AGRAWAL, J. The present appeal has been filed under …

Allahabad H.C : A.Y. 2007-08 on account of Sundry Creditory relying on the credit balances shown in A.Y. 2008-09 which were not disputed by the department ignoring the law that the principle of res judicata is not applicable in Income Tax. Further, once the addition on account of unexplained credit added in A.Y. 2007-08 the same amount could not be added in A.Y. 2008-09

High Court Of Allahabad CIT vs. Vishal Transformers And Switchgears Pvt. Ltd. Section 260-A Asst. Year 2007-08 Bharati Sapru & Harsh Kumar, JJ. Income Tax Appeal No. -224 of 2012 9th March, 2018 Counsel Appeared: S.S.C. I.T., Krishna Agarwal, Shubham Agrawal for the Appellant. : Suyash Agarwal, R.R. Agarwal for the Respondent. ORDER: Heard Shri Shubham …

Allahabad H.C : the ITAT is legally justified in allowing the claim of depreciation of Rs.59,48,096/- on Foreign Exchange Fluctuation without appreciating the provisions of Section 43A of the Act and the fact that the Foreign Exchange Fluctuation showed notional fluctuation and varied from year to year

High Court Of Allahabad CIT vs. Phonex Lamps India Ltd. Section 43A, 260-A Asst. Year 1993-94 Bharati Sapru & Neeraj Tiwari, JJ. Income Tax Appeal No. 246 of 2007 19th February, 2018 Counsel Appeared: Shubham Agarwal for the Appellant.: Sujeet Kumar, Shashwat Bajpai for the Respondent BHARATI SAPRU & NEERAJ TIWARI, JJ. Heard Sri Shubham Agrawal, …

Allahabad H.C : Whether under the facts and circumstances of the case the Income Tax Appellate Tribunal has erred in believing that the Assessing Officer has taken a view in the light of surrounding circumstances which cannot be called to be erroneous and prejudicial to the interest of Revenue and Commissioner of Income Tax has exercised his jurisdiction under section 263 of Income Tax Act without having sufficient material with him

High Court Of Allahabad CIT & Ors. vs. The Upper India Couper Paper Mills Co. Pvt. Limited & Ors. Section 260A, 263, 154 Asst. Year 2007-08, 2008-09, 2009-10 Sudhir Agarwal & Virendra Kumar, JJ. Income Tax Appeal No. 24 of 2012, 25 of 2014, 120 of 2015, 121 of 2015, MISC. BENCH No. 1812 of 2014 …

Kerala H.C : There is no “manufacture” in the production of Ready Mix Concrete when the RMC itself is an excisable commodity/goods on which credit is also available for inputs

High Court Of Kerala Cherian Varkey Construction Co. (P) Ltd. vs. Union Of India Section 32(1)(iia) Asst. Year 2006-07 K.Vinod Chandran & Ashok Menon, JJ. ITA No. 15 of 2016 19th December, 2017 Counsel Appeared: A. Kumar, P.J. Anilkumar & G. Mini (1748) for the Appellant. : P.K.R. Menon, Sr. Counsel, GOI (TAXES) & Jose Joseph, …
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