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R~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 634/2005
COMMISSIONER OF INCOME TAX ..... Petitioner Through Mr. Asheesh Jain, Sr. Standing Counsel for Income Tax Department with Mr. Shahrukh, Advocate.
versus
M/S D.S.N.K. JEWELLERS P.LTD. ..... Respondent
Through Mr. Manu K Giri, Advocate.
CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R %
17.01.2018
Counsel for the Revenue accepts that the tax effect in the present case is below 20 lakhs. In view of the statement made, we are not required to decide the present appeal on merits. The appeal will be treated as disposed of for the purpose of record.
SANJIV KHANNA, J.
CHANDER SHEKHAR, J. JANUARY 17, 2018 MR/NA
R~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 669/2005
M/S DAWAR CONSTRUCTION CO. P. LT ..... Appellant
Through Nemo.
versus
THE INCOME TAX OFFICER N.D. & ..... Respondent
Through Mr. Puneet Rai, Advocate.
CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R %
17.01.2018
None for the appellant. In the interest of justice, no adverse order is passed today.
SANJIV KHANNA, J.
CHANDER SHEKHAR, J. JANUARY 17, 2018 MR/NA
R~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 676/2005
M/S ABHIPRA CAPITAL LTD. ..... Petitioner Through Dr. Rakesh Gupta, Mr. Ashwani Taneja sand Mr. Rohit Kumar Gupta, Advocates.
versus
DEPUTY COMMISSIONER OF INCOME ..... Respondent Through Ms. Lakshmi, Advocate for Income Tax Department.
CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R %
17.01.2018
Arguments heard Judgement reserved.
SANJIV KHANNA, J.
CHANDER SHEKHAR, J. JANUARY 17, 2018 MR
R~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 717/2005
COMMISSIONER OF INCOME TAX ..... Petitioner Through Advocate (proxy) for Mr. Zoheb Hossain, Sr. Standing Counsel for Revenue.
versus
M/S TECHNO EXPORTS ..... Respondent
Through
CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R %
17.01.2018
At the request of the counsel for the Revenue, who, it is stated is held up in another Court, the appeal is not taken up for hearing today.
SANJIV KHANNA, J
CHANDER SHEKHAR, J JANUARY 17, 2018 MR/NA
R~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ITA 729/2005
THE COMMISSIONER OF INCOME TAX ..... Petitioner Through Mr. Ruchir Bhatia, Sr. Standing Counsel.
versus
M/S PUNJAB NATIONAL BANK ..... Respondent
Through
CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R %
17.01.2018
This appeal by the Revenue under Section 21 of the Interest Tax Act, 1974 read to Section 260A of the Income Tax Act, 1961 pertains to Assessment Year 1997-1998 and arises from Interest Tax Appeal No. 52/Del/2001 and impugns order dated 18th January, 2005 passed by the Income Tax Appellate Tribunal in the case of Punjab National Bank formerly Known as P.N.B. Capital Services Limited. 2. By order dated 1st December, 2005, the appeal was admitted on the following substantial question of low:- “1. Whether interest earned on Government securities and bonds are chargeable to tax under Section 5 read with Section 2 (5) and 2 (7) of the Interest Act?”
The issue in question is covered against the Revenue-Appellant by the decision of the Supreme Court in Commissioner of Income Tax, Kanpur Vs. Sahara India Savings and Investment Corporation Limited, (2009) 17
SCC 43 and Commissioner of Income Tax, Gandhinagar Vs. Gujarat Industrial Investment Corporation, (2016) 388 ITR 484 SC. 4. The question of law is accordingly answered against the Revenue and in favour of the respondent-assessee. The appeal is disposed of. There would be no order as to costs.
SANJIV KHANNA, J.
CHANDER SHEKHAR, J. JANUARY 17, 2018 MR/NA