R.K.BHARADWAJ vs. THE COMMISSIONER OF INCOME-TAX, NASHIK AND ORS.
What did the High Court hold?
The High Court set aside the impugned order dated 12.9.2005 passed under Section 179 of the Income Tax Act, 1961. The Court decided to remit the matter back to the Assistant Commissioner of Income-tax, Circle-1, Nashik, for fresh consideration. The reasoning was based on the rival contentions regarding the company's status as a public or private limited company, which was central to the applicability of Section 179. The Court allowed the petitioner to produce additional material before the Assistant Commissioner and permitted the adjudicating authority to decide the issue in accordance with the law expeditiously. The operative direction was to set aside the order and remand the matter for a decision within three months from the receipt of the order's copy. No issue was expressly left undecided, as the matter was remitted for adjudication.
What were the facts?
The petitioner, Shri K.R. Bharadwaj, a Director of M/s Premier Electrodes Ltd., challenged an order dated 12.9.2005 passed under Section 179 of the Income Tax Act, 1961. The petitioner contended that Section 179 is not applicable to public limited companies and presented a certificate showing a name change from Premier Electrodes Private Ltd. to Premier Electrodes Ltd. The Revenue argued that the income tax return indicated the company was a private limited company with no substantial public interest. The Bombay High Court heard both parties and considered the question raised in the petition.
What were the issues?
1. Whether Section 179 of the Income Tax Act, 1961, is applicable to a public limited company, or only to a private limited company? (Question of law) Assessee's contention: Section 179 is not applicable to public limited companies. The petitioner relied on a certificate from the Additional Registrar of Companies, Maharashtra State, Bombay, indicating a name change from Premier Electrodes Private Ltd. to Premier Electrodes Ltd., signifying its status as a public limited company. Revenue's contention: The income tax return filed by the petitioner shows the company as a private limited company where public is not substantially interested. The Revenue did not cite any specific authorities or precedents.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISIDCTIION
WRIT WRIT WRIT PETITION NO.713 OF PETITION NO.713 OF PETITION NO.713 OF 2006 . 2006 . 2006 .
Shri K.R. Bharadwaj.
.. Petitioner.
V/s.
The Commissioner of Income tax & ors.... Respondents.
Mr. M.K. Kuklkarni for the petitioner.
Mr. Shiv Motariya for the respondents.
CORAM CORAM CORAM : V.C.DAGA & J.P.DEVADHAR,JJ. : V.C.DAGA & J.P.DEVADHAR,JJ. : V.C.DAGA & J.P.DEVADHAR,JJ.
DATED DATED DATED : 11.7 .2006. : 11.7 .2006. : 11.7 .2006.
P.C. P.C. P.C. : : :
Heard.
Rule returnable forthwith.
Mr.Motariya waives service on behalf of the
respondents.
In this petition, petitioner is challenging
the order dated 12.9.2005 passed under section 179
of the Income Tax Act, 1961 (‘the Act’ for short).
Learned Counsel appearing for the petitioner
submits
could not have been invoked
against
petitioner,
who
claims
Director
M/s
Learned
Counsel contends
not applicable public limited
companies.
has
produced a certificate issued by
Addl.
Registrar
Companies, Maharashtra State,
Bombay,
showing
change
name
from
Private
which
sufficient
indicate was
of a public limited company and not of a private
Ltd. company.
Per contra, learned Counsel appearing for
Revenue submits income tax return filed
by the petitioner shows that it is a private Ltd.
company and public is not substantially interested.
Having heard rival parties, in view of the
question
raised
petition,
necessary
set aside impugned order and remit
matter
Income-tax,
Circle-1,
Nashik,
consideration
afresh.
open
produce
additional
material before
support his contention
and
also open adjudicating authority
adjudicate the issue in accordance with law, as
expeditiously as possible.
In the result, impugned order is set aside.
The
matter
remitted
back
Income
Tax, Circle 1,
Nashik
decide
notice
under
I.T.
Act,
expeditiously
as possible, at
any
rate,
within 3 months from the date of receipt of copy of
this order.
Rule is made absolute in terms of this order
with no order as to costs.
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- Uday Nagpure, Mumbai vs Commissioner of Income Tax (Appeals), MumbaiITA 2096/MUM/2026[2011-2012]Status: Disposed31 Aug 2026AY 2011-2012
- Tcm Logistics Pvt Ltd, Navi Mumbai vs Income Tax Officer, WD-15(3)(1), MumbaiITA 973/MUM/2026[2012-13]Status: Disposed17 Jun 2026AY 2012-13
- Deputy Commissioner of Income Tax Central… vs Ab Alcobev Private Limited, DelhiITA 357/CHANDI/2024[2017-18]Status: Disposed1 Sept 2025AY 2017-18
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