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Judiciary

Orkay Silk Mills Limited & others vs. M.S.Bindra & Others (Bombay High Court)

February 25, 1986 1885 Views 0 comment Print

1. By this petition filed under Article 226 of the Constitution of India, the petitioners are challenging the legality of the order dated June 1, 1985 passed by respondent No. 1. The petitioner No. 1 is a company carrying on business of manufacturing polyester filament yarn of the type known as Partially Oriented Yarn (“POY”)

Imposition of penalty solely on the basis of surrender not sustainable

January 31, 1986 1105 Views 0 comment Print

Hon’ble Kerala High Court in the case of CIT v. M. George & Bros. [1986] 160 ITR 511 held that where the assessee for one reason or the other agrees or surrenders certain amounts for assessment, the imposition of penalty solely on the basis of the surrender will not be well-founded.

CIT vs M.K. Brothers (Gujarat High Court), (1987) 163 ITR 249

October 25, 1985 7219 Views 0 comment Print

CIT Vs. M.K. Brothers (163 ITR 249) sales-tax authorities had carried on certain investigations which revealed that a racket of issuing bogus vouchers by the said parties was prevailing in the market. The Income-tax Officer also learnt from local inquiries that the parties were not available at the addresses given.

Unabsorbed carried forward losses cannot be given preference over current depreciation

August 14, 1985 3376 Views 0 comment Print

CIT v. Mother India Refrigeration (P) Ltd. (Supreme Court) Unabsorbed carried forward losses and current depreciation -Deduction of – Unabsorbed carried forward losses cannot be given preference over current depreciation While computing the total income of an assessee in an assessment year.

Dr. Pratap Singh vs. Director of Enforcement (1985 (155) ITR 166 (SC)

April 26, 1985 3901 Views 0 comment Print

The High Court held that there was nothing illegal in the issuance of the search warrant, the consequent search, the seizure during the search and taking over of the documents by the Income Tax Department under Section 132-A and dismissed the petition.

Year of Cost Inflation Index in case of Assets Received Under Gift

March 1, 1985 2751 Views 0 comment Print

ASSETS RECEIVED UNDER GIFT – Where A acquired agricultural lands in 1961, and after converting them into non-agricultural use in 1962 gifted the lands to B in 1966, and later B sold them, the cost of acquisition under section 49(1)(ii) would be the amount originally paid by A, and not the value on the date of conversion or on the date of gift

Bhagwan Das Sita Ram (HUF) v. CIT [1984] 146 ITR 563 (SC)

March 5, 1984 1315 Views 0 comment Print

Sabyasachi Mukharji, J.—These appeals by certificate granted by the High Court of Allahabad under section 66A(2) of the Indian I.T. Act, 1922, arise out of the judgment delivered and order passed on 3rd January, 1973, by the High Court of Allahabad in Income-tax Reference No. 450 of 1965. The following question of law had been referred to the High Court

Vazir Sultan Tobacco Company Ltd. Vs. CIT (1981) 132 ITR 559 (SC)

September 25, 1981 5517 Views 0 comment Print

Super Profits Tax Act, 1963 and Company’s (Profits) Sur-tax Act, 1964-Rule I of Second Schedule-Scope of- ‘Provision” and “Reserve’-Distinction- A sum of money transferred from current profits to general reserves- Dividend paid from that fund-General reserve how calculated.

Allowability of depreciation when particulars were not furnished with return of income

July 10, 1979 810 Views 0 comment Print

Whether ITAT was justified in allowing depreciation even though the particulars were not furnished in the appropriate part of the return of income but they were furnished in the course of the assessment proceedings before the Income-tax Officer at the latter’s requisition ?

CIT vs R.M. Chidambaram Pillai (SC) – 1977 AIR 489

November 17, 1976 9751 Views 0 comment Print

Rule 24 of the Income Tax Rules, 1922 states that income derived from the sale of tea grown and manufactured by the seller shall be computed as if it were income derived from business and 40 per cent of such income shall be deemed to be income, profits and gains liable to tax.

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