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Feb 25 1999

T. A. Vs. Trust Alleppey V. Commissioner of Income Tax

Court: Supreme Court of India

Decided on: Feb-25-1999

Reported in: (1999)152CTR(SC)439

the assessee to the judgment of the Gujarat High Court in CIT v. Motilal Hirabhai Spg. & Wvg. Co. Ltd. , where it was stated:It is well-settled that if evidence is allowed to be let in without any … trust created by the trust deed was invalid. (Similar assessments were made for subsequent years.) The Appellate Assistant Commissioner allowed the assessee's appeal and his order was confirmed by the Tribunal. The Tribunal referred to letters and


Sep 04 1997

Kartikeya Vs. Sarabhai V. Commissioner of Income-tax.

Court: Supreme Court of India

Decided on: Sep-04-1997

Reported in: (1997)142CTR(SC)150

face value of Rs. 1,000 at a price of Rs. 420 per share, of a company called Sarabhai Ltd. In 1965, a sum of Rs. 500 per preference share was paid off to the assessee upon a … B. N. KIRPAL, J. :The only question which arises for consideration in this appeal, under certificate having been granted by the High Court, is whether on a reduction of … with the company paying a part of the capital by reducing face value of its share, results in extinguishment of right in the shares held … this connection, he relied upon the decision in the case reported as CIT vs . R. M. Amin, : [1977]106ITR368(SC) Lastly, it was submitted that


Feb 23 1996

Dr. Vs. P. Gopinathan V. Commissioner of Wealth Tax.

Court: Kerala

Decided on: Feb-23-1996

Reported in: (1996)133CTR(Ker)493

V. V. KAMAT, J. :Under s. 27(1) of the WT Act, 1957 the petitioner moved the Tribunal for reference … rendered by one of us (Kamat, J.) in Chackravarthy Hostel vs. Municipal Commissioner 1995 (2) KLT 588 in relation to the provision of exemption on … the Tribunal for reference of the question in pursuance of which the following question has been referred as common question in all these references :'Whether, on the facts and in the circumstances of the case, the Tribunal


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Nov 10 1998

Aravind Vs. Saraf V. Commissioner of Gift Tax

Court: Kerala

Decided on: Nov-10-1998

Reported in: (1999)154CTR(Ker)238

to draw up a statement of the case and refer the following questions for the opinion of this Court :'1. Whether, on the facts and in the circumstances of the case, the Hon'ble, Tribunal was right in … not affected on account of commercial expediency and the transaction is therefore, not exempt from gifttax under, s. 5(1)(xiv) of the GT Act ?3. Whether on the facts and in the circumstances of the case, the Hon'ble


Apr 30 2001

Dr. Vs. Shanmughavel V. Commissioner of Central Excise

Court: Chennai

Decided on: Apr-30-2001

Reported in: [2002]121TAXMAN274(Mad)

sent by the respondent on 1-5-1998 vide C. No. IV/16/29/97-STC.2. The respondent, Commissioner, Chennai, by its letter dated 1-5-1998 informed the Chairman of the Institution … 7273 of 1998 has been filed by the Chairman, Institution of Valuers, Tamil Nadu Zone, which institution was constituted in 1968 and is a registered society. The members of the petitioner institute are the estate valuers and … Sirpurkar, J. W.P. No. 7273 of 1998 has been filed by the Chairman, Institution of Valuers, Tamil Nadu Zone, which institution was constituted in 1968 and is a registered society. The members of the


Mar 13 1987

M. Vs. Kibe V. Commissioner of Wealth-tax.

Court: Madhya Pradesh

Decided on: Mar-13-1987

Reported in: (1987)63CTR(MP)156; [1987]168ITR82(MP); [1987]34TAXMAN364(MP)

that the appellate Assistant Commissioner had jurisdiction to direct the Wealth-tax Officer to refer the matter to the Valuation Officer as provided by section 16A of the Wealth-tax Act, 1957 ?'The material facts giving rise to this … as 'the Act'), the Income-tax Appellate Tribunal, Indore Bench, has referred the following question of law to this court for its opinion.'Whether, on the facts and circumstances of the case, the Tribunal was justified in holding that


Jun 27 1984

V. Vs. George V. Commissioner of Agrl. Income Tax.

Court: Kerala

Decided on: Jun-27-1984

Reported in: (1985)45CTR(Ker)142

P3 order passed in revisions by the Commr. of Agrl. IT. The Commissioner referred to ss. 25 and 26 of the Act. He was exercising … ORDERK. S. Paripoornan, J. - The petitioner is an ex-partner of a firm. The firm was constituted by a Deed of Partnership dt. 27-7-1968. It was an assessee to Agricultural IT on the files of … 27-7-1968. It was an assessee to Agricultural IT on the files of the 2nd respondent - Agrl. ITO, Vythiri. It is alleged that the firm was dissolved by a Deed of Dissolution dt. 2-6-1980 (Ext. P11). After


Dec 17 1979

C. Vs. Ramanathan V. Commissioner of Income Tax.

Court: Chennai

Decided on: Dec-17-1979

Reported in: (1980)17CTR(Mad)322

of his father for the assessment year 1970-71 ?'One C. V. Venkateswaran was employed as an engineer in Cochin. He owned a house situated at Mahatma Gandhi Road, Ernakulam and resided there. On 4-7-1966, he executed a … the Ernakulam property and that section 54 of the Act was not applicable. On appeal, the Appellate Assistant Commissioner confirmed the order of the Income-tax Officer. The assessee appealed to the Tribunal. The Tribunal held that the


Jun 08 1976

C. Vs. Mathukutty V. Commissioner of Income-tax, KeralA.

Court: Kerala

Decided on: Jun-08-1976

Reported in: [1977]108ITR1(Ker)

assessee relied on the well-known decision of the Supreme Court in Commissioner of Income-tax v. Scindia Steam Navigation Co. Ltd. : [1961]42ITR589(SC) and referred to item 2 mentioned at page 611, which reads as follows :'When a question … the question will thus arise from the Tribunals order. It is clear from the decision in Gnanambika Mills Ltd. v. Commissioner of Income-tax : [1965]58ITR802(Mad) that no reliance can be placed on comparable cases without the assessee being informed


Aug 20 1971

P. Vs. Devassy V. Commissioner of Income-tax.

Court: Kerala

Decided on: Aug-20-1971

Reported in: [1972]84ITR502(Ker)

be known by everyone is to-day, in the planned and welfare State, more ludicrous than ever.'In Hindustan Steel Ltd. v. State of Orissa, the Supreme Court observed that the order imposing a penalty for failure to carry out … of Rs. 14,650. The assessee filed an appeal before the Appellate Assistant Commissioner. The Appellate Assistant Commissioner dismissed the appeal. Against this order the assessee … The judgment of the court was delivered byMATHEW J. - This is a reference at the instance of the assessee under section 256(1)


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