Surplus - Year 2002 - Judgments

Feb 28 2002 (TRI)

Shree Education Society Vs. Assistant Director of Income Tax

Court: Income Tax Appellate Tribunal ITAT Kolkata

Decided on: Feb-28-2002

Reported in: (2003)85ITD288(Kol.)

..... further observed that the availability of exemption should be evaluated each year and if any surplus results incidentally assessee will not cease to be one existing solely for educational purposes ..... educational purposes and not for the purposes of profit after meeting the expenditure if any surplus results incidentally from the activity lawfully carried on by the educational institution it will not .....

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Nov 13 2002 (HC)

Smt. Paramjit Kaur Vs. the State of Haryana and anr.

Court: Punjab and Haryana

Decided on: Nov-13-2002

Reported in: (2003)134PLR43

..... making the selection give away his wife s land as surplus and this according to the petitioners therein was discriminatory against ..... the wife who might lose her land declared as surplus the contention was rejected by their lordships holding that the ..... her deceased husband had not been properly served in the surplus area proceedings the plea was negatived and the appeal dismissed .....

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Jan 11 2002 (TRI)

Bharatiya Janata Party Vs. Deputy Commissioner of Income Tax

Court: Income Tax Appellate Tribunal ITAT Delhi

Decided on: Jan-11-2002

Reported in: (2002)80ITD89(Delhi)

..... was ploughed back from time to time as such actually no surplus arose from the said transaction the difference from the original ..... compendiously in relation to the second issue concerning the taxability of surplus on the maturity value of canstar shri ahuja contended that ..... order of the learned vice president to ultimately contend that the surplus be taxed under the head capital gains and which was .....

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Nov 20 2002 (TRI)

Surat District Co-operative Bank Vs. Income Tax Officer and ors.

Court: Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on: Nov-20-2002

Reported in: (2003)262ITR1(Ahd.)

..... which constitute investments made out of mixed funds which constitute investments made out of surplus funds available out of working capital as defined in gujarat co operative societies act ..... in government securities fixed deposits kvps and ivps investments with uti etc out of surplus idle money available from working capital including voluntary reserves excess collection of interest tax .....

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Sep 17 2002 (HC)

Swaran Singh Vs. State of Punjab and ors.

Court: Punjab and Haryana

Decided on: Sep-17-2002

Reported in: (2003)133PLR376

..... is possible that in the process of allotment and utilisation of surplus land some of the technicalities like execution of kabuliat nama ..... poor tenant cannot be deprived of his right to allotment of surplus land merely because some of these technicalities about delivery of ..... there was any admission on behalf of the naib tehsildar surplus area as alleged it has further been mentioned that qabuliatnama .....

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Nov 18 2002 (TRI)

Premier Automobiles Ltd. Vs. Deputy Commissioner of Income Tax

Court: Income Tax Appellate Tribunal ITAT Mumbai

Decided on: Nov-18-2002

Reported in: (2003)84ITD169(Mum.)

..... the question before the hon ble supreme court was whether the surplus as a result of difference between the written down value and ..... 2 was computed the first appellate authority however held that the surplus was assessable under the head capital gains and not under the ..... value or item by item price fixed for different assets any surplus will be capital gain 45 i have considered the arguments of .....

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Sep 30 2002 (TRI)

Deputy Commissioner of Income Tax Vs. Ballarpur Industries Ltd.

Court: Income Tax Appellate Tribunal ITAT Nagpur

Decided on: Sep-30-2002

Reported in: (2003)85ITD172(Nag.)

..... redemption of debentures as per the agreed terms and conditions is altogether different from the surplus arising to the assessee from the redemption of debentures prematurely in the present case inasmuch ..... as the discount premium on debentures operates in the revenue field whereas the surplus on redemption of debentures being an integral part of the exercise of restructuring its capital .....

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Nov 13 2002 (HC)

Amarjit Kaur and ors. Vs. the State of Punjab and ors.

Court: Punjab and Haryana

Decided on: Nov-13-2002

Reported in: (2003)134PLR16

..... passed by the financial commissioner commissioner and the collector declaring surplus area in the hands of prem inder singh deceased 3 ..... and therefore she ought to have been heard during the surplus area proceedings the argument is that the commissioner patiala division ..... the permissible area and the government takes possession of the surplus area after selection of the permissible area by the landlord .....

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Feb 28 2002 (TRI)

L.H. Sugar Factories Ltd. Vs. Asstt. Cit

Court: Income Tax Appellate Tribunal ITAT Lucknow

Decided on: Feb-28-2002

Reported in: (2004)86TTJLuck1012

..... written down value of assets was assessable as business income and surplus over such difference was assessable as capital gains elaborating his ..... about the taxability of income under section 41 2 on the surplus amount the income tax officer held that the tax was ..... the appellate assistant commissioner on the other hand held that the surplus was assessable under the head capital gains and not under .....

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Dec 10 2002 (HC)

Barsala Singh Vs. the State of Punjab and ors.

Court: Punjab and Haryana

Decided on: Dec-10-2002

Reported in: (2003)134PLR22

..... issued by the learned single judge the collector agrarian decided the surplus area case of ruldu singh afresh after affording an opportunity of ..... remanded to the collector for fresh decision in other words the surplus area proceedings under the pepsu act had not been finalised ..... remanded to the collector agrarian ram pura phul to decide the surplus area case of ruldu singh respondent afresh in view of .....

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