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Commissioner Of Income-Tax, Bombay ... vs Gilbert & Barker Manufacturing Co., ... on 8 December, 1976

9. Three more examples from the law reports were cited before us on the point by the learned standing counsel for the Department. They were also cases where courts had upheld the Tribunal's action in entertaining a new plea which happened to be urged by a respondent to the appeal. Two of the cases cited are from the Bombay High court. They are CIT v. Gilbert & Barker Mfg. Co. [1978] 111 ITR 529 (Bom) and D. M. Neterwalla v. CIT [1980] 122 ITR 880 (Bom). In one case the respondent happened to be the assessee. In the other, the respondent was the department. The power of the Tribunal to dispose of an appeal on a new plea raised by a respondent was upheld in both these cases.

D.M. Neterwalla vs Commissioner Of Income-Tax, Bombay ... on 21 March, 1978

9. Three more examples from the law reports were cited before us on the point by the learned standing counsel for the Department. They were also cases where courts had upheld the Tribunal's action in entertaining a new plea which happened to be urged by a respondent to the appeal. Two of the cases cited are from the Bombay High court. They are CIT v. Gilbert & Barker Mfg. Co. [1978] 111 ITR 529 (Bom) and D. M. Neterwalla v. CIT [1980] 122 ITR 880 (Bom). In one case the respondent happened to be the assessee. In the other, the respondent was the department. The power of the Tribunal to dispose of an appeal on a new plea raised by a respondent was upheld in both these cases.
Bombay High Court Cites 10 - Cited by 31 - Full Document
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