Tag: 396 ITR

S.C : Process of bottling of gas into cylinders for domestic use by complex technical process undertaken in plant with machinery amounts to production or manufacture of gas-cylinders for purposes of deduction under sections 80-I, 80-IA and 80HH

Supreme Court Of India CIT-1, Mum. vs. Hindustan Petroleum Corpn. Ltd. Section 80-I, 80-IA And 80HH A.K. Sikri And Ashok Bhushan, JJ. Civil Appeal Nos. 9295 To 9309 Of 2017 August  3, 2017 ORDER A.K. SIKRI, J. – The question of law that arises of consideration in all these appeals, which are filed by the Commissioner of …

Madras H.C : The assessee is definitely showing low rate of profits in comparison to the regular civil construction and hence profit can be estimated by the Assessing Officer in the instant case in the absence of regular bills and vouchers

High Court Of Madras Pr.CIT, Chennai vs. Marg Ltd. Section 145 Assessment year 2012-13 Ms. Indira Banerjee, CJ. And M. Sundar, J. Tax Case Appeal No. 302 Of 2017 July  20, 2017 JUDGMENT M. Sundar, J. – This appeal to the High Court by the Principal Commissioner of Income Tax 4, Chennai (hereinafter referred to as ‘Revenue’ …

Delhi H.C : the assessee’s claim of debt, the ITAT ought to have dismissed the assessee’s appeal and not remanded the matter to the AO for re-computation of the same as a speculative loss

High Court Of Delhi CIT, Delhi-IV vs. Escotrac Finance & Investments Ltd. Section 36(1)(vii) Assessment year 1993-94 Dr. S. Muralidhar And Prathiba M. Singh, JJ. IT Appeal No. 215 Of 2005 July  19, 2017  ORDER Dr. S. Muralidhar, J. – This is an appeal by the Revenue under Section 260A of the Income Tax Act, 1961 (‘Act’) …

Gujarat H.C : Where income on which tax has been deducted at source is assessable in hands of a person other than deductee, credit can be given to such other person provided three conditions contained in rule 37BA(2) are satisfied

High Court Of Gujarat Naresh Bhavani Shah (HUF) v. CIT Section 199 Assessment year 2012-13 Akil Kureshi And Biren Vaishnav, JJ. Special Civil Application No. 9352 Of 2015 July  18, 2017 JUDGMENT Akil Kureshi, J. – The petitioner has challenged an order dated 16.03.2015 passed by the Commissioner of Income Tax under Section 264 of the Income …

S.C : Where Income-tax Authorities found that assessee had leased out his property to his own family members to show lesser income in his hand, Assessing Authorities could have taxed said income in hands of assessee

Supreme Court Of India Maneklal Agarwal vs. DCIT Section 4 A.K. Sikri And Ashok Bhushan, JJ. Civil Appeal Nos. 9315 To 9319 Of 2017 July  14, 2017 ORDER 1. Leave granted. 2. We have heard the learned counsel for the parties at length. 3. The appellant filed his return income for Assessment Year 1998-99, showing a total income of …

Delhi H.C : Where revenue failed to establish any linkage between material seized from assessee’s premises and those from premises of UPDA in respect of illegal payments made to various officials and politicians, no addition could be made to assessee’s income in respect of payments so made

High Court Of Delhi CIT, Central-III vs. Radico Khaitan Ltd. Section : 69A, 245 Block period 2000-01 to 2006-07 Ravindra Bhat And Najmi Waziri, JJ. W.P..(C) No. 7207 Of 2008 July  13, 2017 ORDER S. Ravindra Bhat, J. – This writ petition under Article 226 of the Constitution, preferred by the Commissioner of Income tax (hereafter referred …

Delhi H.C : Where letting of building together with fixtures, furnitures etc. was a composite one, rental income was to be assessed as income from other sources

High Court Of Delhi Jay Metal Industries (P.) Ltd. vs. CIT-V Section 56 Assessment year 2009-10 Dr. S. Muralidhar And Mrs. Prathiba M. Singh, JJ. IT Appeal No. 308 Of 2016 July  13, 2017 ORDER Dr. S. Muralidhar, J. – The Appellant, Jay Metal Industries Private Limited, has filed an appeal under Section 260A of the Income …

Calcutta H.C : Appellate Tribunal erred in law in allowing the deduction under section 80GGB in respect of donation made by the assessee to the political parties

High Court Of Calcutta CIT, Kolkata-III v. Britannia Industries Ltd. Section 80GGB Assessment year 2005-06 Aniruddha Bose And Arindam Sinha, JJ. IT Appeal No. 3 Of 2013 ITAT No. 260 Of 2012 July  13, 2017 JUDGMENT 1. The Court: Revenue has preferred this appeal against order dated 19th June, 2012 passed by the Income Tax Appellate Tribunal …

Delhi H.C : Section 226(3)(iii) only requires that a copy of notice issued under section 226(3)(i) to bank of assessee should be forwarded to assessee and not that a copy of notice should be served on assessee in advance or simultaneously

High Court Of Delhi Gecas Services India (P.) Ltd. vs. ITO Section 226, 156, 220 Dr. S. Muralidhar And Prathiba M. Singh , JJ. W.P.(C) No. 3127 Of 2017 July  11, 2017 ORDER Question Insolved Dr. S. Muralidhar, J. – An interesting question of law that has been raised in this writ petition by GECAS Services India …
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