PRAKASH NATH KHANNA vs. COMMNR OF INCOME TAX

gains" and claims that the loss or any part thereof should be carried forward under sub-section (1) of Section 72, or sub-section (2) of Section 73, or sub-section (1) or sub- section (3) of Section 74, or sub- section (3) of Section 74A, he may furnish within the time allowed under sub-section

SASI ENTERPRISES vs. ASSISTANT COMMISSIONER OF INCOME TAX

Bench: The Additional Chief Metropolitan Magistrate (Egmore), Chennai, For The Willful & Deliberate Failure To File Returns For The Assessment Years 1991-92, 1992-93 & Hence Committing Offences Punishable Under Section 276 Cc Of The Income Tax Act, 1961 (For Short “The Act”). Complaints Were Filed On 21.8.1997 After Getting The Sanction From The Commissioner Of Income Tax, Central Ii, Chennai Under Section 279(1) Of The Income Tax Act. Appellants Filed Two Discharge Petitions Under Section 245(2) Cr.P.C., Which Were Dismissed By The Chief Metropolitan Magistrate Vide Order Dated 14.6.2006. Appellants Preferred Crl. R.C. Nos.781 To 786 Of 2006 Before The High Court Of Madras Which Were Dismissed By The High Court Vide Its Common Order Dated 2.12.2006, Which Are The Subject Matters Of These Appeals.

276 of the Act were not satisfied. Learned senior counsel pointed out that unless and until it is shown that failure to file the return was willful or deliberate, no prosecution under Section 276CC could be initiated. Learned senior counsel pointed out that in fact, the second accused in her individual return had disclosed that the firm was doing

M/S.VIRTUAL SOFT SYSTEMS LTD. vs. COMMISSIONER OF INCOME TAX, DELHI-I

276 ITR page 649 (M.P. High Court, CIT v. Jabalpur Co-operative Milk Producers Union Ltd.), 279 ITR page 197 (Allahabad High Court, CIT v. Zam Zam Tanners), 278 ITR page 140 (Calcutta High Court, CIT v. R.G. Sales (P) Ltd.), all the aforesaid decisions support the assessee’s contention that even after 1.4.1976 if there is no http://JUDIS.NIC.IN

IPCA LABORATORY LTD. vs. DY. COMMNR. OF INCOME TAX, MUMBAI

276/-. Mr. Dastur relied upon the case of Sea Pearl Industries vs. Commissioner of Income Tax reported in (2001) Vol. 247 ITR 578. In this case the Appellant (therein) was not an export house and therefore could not avail of special facilities granted to export houses. The Appellant however entered into an agreement with an export house under which

M/S MANGALORE GANESH BEEDI WORKS vs. COMMISSIONER OF INCOME TAX, MYSORE

The appeals are disposed of in the above terms

gains. The decision of the Tribunal has been accepted by the Revenue and we really see no reason why a different conclusion should be arrived at in so far as the Assessee is concerned. 27. The High Court denied any benefit to the Assessee under Section 35A and Section 35AB of the Act since it was held that what

SHRIMAND PADMARAJA R. KADAMBANDA, DHULIA vs. THE COMMNR. OF INCOME TAX, PUNE

276. Next, we observe that the Regulation advisedly called the payments "maintenance allowances", a nomenclature peculiarly suited to payments of the nature of income." Therefore, in this case, the maintenance allowance was http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 10 of 14 qualified by the statute and it was a nomenclature pecul- iarly suited to payments of the nature

ENGINEERING ANALYSIS CENTRE OF EXCELLENCE PRIVATE LIMITED vs. THE COMMISSIONER OF INCOME TAX

Bench: HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

section 30 of the Copyright Act, which transfers an interest in all or any of the rights contained in sections 14(a) and 14(b) of the Copyright Act, but is a “licence” which imposes restrictions or conditions for the use of computer software. Thus, it cannot be said that any of the EULAs that we are concerned with

SRI T. ASHOK PAI vs. COMMISSIONER OF INCOME TAX, BANGALORE

The appeal is allowed

capital gains and other income. The first appellate authority rightly holds that if the explanation of assessee is accepted then every tax evader could take shelter by shifting the blame on his clerk and accountants who invariably prepare the return for them. The contention of the assessee that because of the negligence on the part of the Bank the mistake