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Commissioner Of Income-Tax-Ix vs G.Saroja on 18 June, 2007

Now the cases relied by Sri Shukla needs to be noted. Sri Shukla has placed reliance on the judgement of High Court of Madras reported in (2008) 301 ITR 124 (Madras) COMMISSIONER OF INCOME TAX VS. G. SAROJA, the said case was a case where the High Court considered the provisions of Section 2(47)(v). The Madras High Court held following in paragraph 5 which is quoted below : -
Madras High Court Cites 7 - Cited by 10 - P P Raja - Full Document

Assistant Commissioner Of Income Tax vs Mrs. Geetadevi Pasari on 9 June, 2006

Another judgement relied by Sri Shukla is judgement of Bombay High Court reported in (2009) 17 DTR (Bom) 280 COMMISISONER OF INCOME TAX VS. GEETADEVI PASARI. The Division Bench held in the said case that relevant assessment year for the purposes of computation of capital gain will be the assessment in which purchaser was actually physically put in possession. The said case considered the question which has been framed and noted in para 2 of the judgement. Question 2(b) as framed was to the following effect :
Income Tax Appellate Tribunal - Mumbai Cites 7 - Cited by 15 - Full Document

Honda Siel Power Products Ltd vs Commissioner Of Income Tax, Delhi on 26 November, 2007

Sri Shukla has placed reliance on the judgement of the Apex Court reported in Honda Siel Power Products Ltd. Vs. Commissioner of Income Tax. In the said case an application for rectification was filed before the tribunal on the ground that a judgement of the coordinate bench of the tribunal relied by the assessee escaped the attention of the tribunal. The tribunal allowed the rectification application holding that it was a mistake committed by the tribunal. The order on appeal filed by the department was set aside by the High Court. The assessee approached the Supreme Court. The Axpex Court laid down following in paragraph 12 which is to the following effect :
Supreme Court of India Cites 9 - Cited by 258 - Full Document
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