1.21 In CIT v. S.P. Jain

87 ITR 370Supreme Court of India1973#5852 most cited

What is 1.21 In CIT v. S.P. Jain authority for?

A factual conclusion is regarded as perverse when no person, duly instructed and acting judicially, could have reached that conclusion based on the record.

20

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2012 to 2024.

Also referred to as

CIT v S.P. Jain · 87 ITR 370 SC · perverse finding · no evidence · surmises · conjectures · suspicion · rationally impossible · judicial conclusion

Sections most often in play

Section 143(3)Section 147Section 148Section 271(1)(C)Section 68Section 69C

Issues it is cited on

section 69dsection 69brejection of books of accountloose paperssection 145(3)share application moneydocuments seizedaddition u/s 68section 145section 69csection 133asection 115bb

Judgments citing 1.21 In CIT v. S.P. Jain

SPECTRUM FOODS LIMITED,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

In the result, the appeal of the assessee is allowed

ITA 38/JPR/2024[2010-11]Status: DisposedITAT Jaipur08 Apr 2024AY 2010-11

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. S. L. Poddar, AdvFor Respondent: Sh. Anup Singh (Addl. CIT)
Section 143(3)Section 147Section 148

…toms (Import), Mumbai v. Dilip Kumar & Company. 35. 2013-TIOL-128-ITAT-MUM IN THE INCOME TAX APPELLATE TRIBUNALBENCH 'A' MUMBAI ITA No.7024/Mum/2010Assessment Year: 2004-05 SHRI ARVIND M KARIYAA Vs ASSTT COMMISSIONER OF INCOME TAXCENTRAL CIRCLE-12. 36. [1973] 87 ITR 370 (SC) SUPREME COURT OF INDIA Commissioner of Income-tax v. S.P. Jain. 37. [2019] 109 taxmann.com 53 (SC) SUPREME COURT OF INDIA NDR Promoters (P.) Ltd. v. Principal Commissioner of Income-tax. 38. [1928] 3 ITC 48 (ALL.) HIGH COURT OF ALLAHABAD Bhagat Halwai. 29 Spectrum Foods Limited vs ITO 39. 2019-TIOL-1973-ITAT-MAD IN THE INCOME TAX APPELLATE…

DCIT, CC-2, JAIPUR vs. SHRI JITENDRA KUMAR AGARWAL, JAIPUR

In the result, appeal of the assessee is dismissed and that of the revenue is also stands dismissed

ITA 181/JPR/2020[2017-18]Status: DisposedITAT Jaipur07 Jun 2023AY 2017-18

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Manish Agarwal (CA)For Respondent: Sh. Sanjay Dhariwal (CIT) &
Section 132Section 143Section 143(3)Section 145(3)Section 68

…s without any evidence or when the factual decision in view of the fact on record, cannot be reasonably entertained. Finding based upon surmises conjectures or suspicion or when they are not rationally possible have to be struck down, In CIT v SP. Jain [1973] 87 ITR 370 (SC), it has been observed that a factual conclusion is regarded as perverse when no person duly instructed or acting judicially could upon the record before him, have reached the conchesion arrived at by the Tribunal/authority 2.8 In view of the above and looking to the facts and circumstances of the case, it is humbly submitted that the ld. CIT…

DCIT, CC-2, JAIPUR vs. M/S. ROYAL JEWELLERS, JAIPUR

The appeal of the assessee is partly allowed and that of the revenue stands dismissed

ITA 177/JPR/2020[2017-18]Status: DisposedITAT Jaipur07 Jun 2023AY 2017-18

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Manish Agarwal (CA)For Respondent: Sh. Sanjay Dhariwal (CIT) &
Section 132Section 143Section 143(3)Section 145(3)Section 68

…thout any evidence or when the factual decision, in view of the fact on record, cannot be reasonably entertained. Finding based upon surmises, conjectures or suspicion or when they are not rationally possible have to be struck down. In CIT v. S.P. Jain [1973] 87 ITR 370 (SC), it has been observed that a factual conclusion is regarded as perverse when no person duly instructed or acting judicially could upon the record before him, have reached the conclusion arrived at by the Tribunal/authority Royal Jewellers vs. DCIT 2.8 In view of the above and looking to the facts and circumstances of the case, it is humbly s…

M/S. ROYAL JEWELLERS,JAIPUR vs. DCIT, CENTRAL CIRCLE, JAIPUR

The appeal of the assessee is partly allowed and that of the revenue stands dismissed

ITA 116/JPR/2020[2017-18]Status: DisposedITAT Jaipur07 Jun 2023AY 2017-18

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Manish Agarwal (CA)For Respondent: Sh. Sanjay Dhariwal (CIT) &
Section 132Section 143Section 143(3)Section 145(3)Section 68

…thout any evidence or when the factual decision, in view of the fact on record, cannot be reasonably entertained. Finding based upon surmises, conjectures or suspicion or when they are not rationally possible have to be struck down. In CIT v. S.P. Jain [1973] 87 ITR 370 (SC), it has been observed that a factual conclusion is regarded as perverse when no person duly instructed or acting judicially could upon the record before him, have reached the conclusion arrived at by the Tribunal/authority Royal Jewellers vs. DCIT 2.8 In view of the above and looking to the facts and circumstances of the case, it is humbly s…

SHRI JITENDRA KUMAR AGARWAL,JAIPUR vs. DCIT, CENTRAL CIRCLE-2, JAIPUR

In the result, appeal of the assessee is dismissed and that of the revenue is also stands dismissed

ITA 112/JPR/2020[2017-18]Status: DisposedITAT Jaipur07 Jun 2023AY 2017-18

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Manish Agarwal (CA)For Respondent: Sh. Sanjay Dhariwal (CIT) &
Section 132Section 143Section 143(3)Section 145(3)Section 68

…s without any evidence or when the factual decision in view of the fact on record, cannot be reasonably entertained. Finding based upon surmises conjectures or suspicion or when they are not rationally possible have to be struck down, In CIT v SP. Jain [1973] 87 ITR 370 (SC), it has been observed that a factual conclusion is regarded as perverse when no person duly instructed or acting judicially could upon the record before him, have reached the conchesion arrived at by the Tribunal/authority 2.8 In view of the above and looking to the facts and circumstances of the case, it is humbly submitted that the ld. CIT…

KANCHAN PLASTICS PRIVATE LIMITED,CUTTACK vs. DEPUTY COMMISSIONER OF INCOME TAX ASMNT CIRCLE-2(1), CUTTACK

In the result, appeal filed by the assessee stands allowed

ITA 198/CTK/2022[2017-18]Status: HeardITAT Cuttack22 Mar 2023AY 2017-18

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2017-18 Kanchan Plastics Pvt Ltd., Kanchan Plastics Pvt Ltd., Vs. Dcit, Asmnt Circle Dcit, Asmnt Circle-2(1), 222, Banka Bazar, Cuttack 222, Banka Bazar, Cuttack Cuttack Pan/Gir No. Pan/Gir No. (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Mohit Sheth, Ar Mohit Sheth, Ar Revenue By : Shri S.C.Mohanty, Sr. S.C.Mohanty, Sr. Dr

For Appellant: Shri Mohit Sheth, ARFor Respondent: Shri S.C.Mohanty, Sr
Section 133(6)Section 68

…the income of the assessee. Under what circumstances the finding of a Tribunal on a question of fact could be interfered with by the superior Court came up for consideration before the Supreme Court in the case of CIT vs. S. R Jain 1972 CTR (SC) 443 : (1973) 87 ITR 370 (SC). After elaborate discussion of the law on the subject, their Lordships held (at page 381): " In our view, the High Court and this Court have always the jurisdiction to intervene if it appears that either the Tribunal has misunderstood the statutory language, because the proper construction of the statutory language is a matter of law, or it h…

DEVENDRA RAJNIKANT LADHANI,MUMBAI vs. ACIT, CENTRAL CIRC;E-3, MUMBAI

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 178/MUM/2021[2015-16]Status: DisposedITAT Mumbai03 Aug 2022AY 2015-16

Bench: Shri Pavan Kumar Gadala & Shri Gagan Goyaldevendra Rajnikant Ladhani, 1, Om Building, Opp. Rishi Vihar Complex, Bolinj Road, Virar (W), District-Palghar-401303 Pan: Abfpl5079C ...... Appellant Vs. Acit, Central Circle-3, 6Th Floor, Ashar It Park, Wagle Industrial Estate, Road No.16X, Thane (West)-400604. ..... Respondent Appellant By : Sh. Subhodh Ratnaparkhi Respondent By : Sh. Nimesh Yadav, Cit-Dr Date Of Hearing : 09/05/2022 Date Of Pronouncement : 03/08/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals) -11, Pune [Hereinafter Referred To As (‘Ld. Cit(A)’) Dated 30.12.2020 For The Assessment Year (Ay) 2015-16. The Assessee Has Raised The Following Grounds Of Appeal: “The Hon. Cit(A) Erred In Upholding The Addition Of Rs.3,82,84,000/- Made U/S 69A Of The It. Act, 1961 As Unexplained Money On Account Of Cash Found At The Residence & From The Bank Lockers Of The Appellant During The Course Of 2 Ita No. 178/Mum/2021- Devendra Ranjikant Ladhani

For Appellant: Sh. Subhodh RatnaparkhiFor Respondent: Sh. Nimesh Yadav, CIT-DR
Section 132Section 132(4)Section 143(3)Section 69A

…assessee, same cannot be added back to the income of the assessee/appellant. To substantiate this legal preposition, we have relied on following pronouncements by various Hon’ble High Courts and ITAT as under: 1. Commissioner of Income-tax v. S.P. Jain [1973] 87 ITR 370 (SC) 2. Saveetha Institute of Medical & Technical Sciences v. Assistant Commissioner of Income-tax [2012] 25 taxmann.com 138 (Chennai - Trib.) 3. Commissioner of Income Tax-14, Mumbai v. Rakesh Ramani [2018] 94 taxmann.com 461 (Bombay HC) 4. Deputy Commissioner of Income Tax, Central Circle – 23 v. Kanakia Hospitality (P.) Ltd. [2019] 110 taxmann.…

ITO, WARD - 2(3), KOLKATA, KOLKATA vs. M/S. HEIGHT INSURANCE SERVICES LTD.,, KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 2163/KOL/2017[2009-10]Status: DisposedITAT Kolkata22 Jan 2020AY 2009-10

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2163/Kol/2017 ("नधा"रणवष" / Assessment Year: 2009-10)

For Appellant: Shri Radhey Shyam, CITFor Respondent: Shri A.K. Tibrewal, FCA
Section 133Section 143(3)

…s not rationally possible. a factual conclusion is regarded as perverse when no person duly instructed or acting judicially cold act upon the record before him, have reached the conclusion arrived at by the tribunal/authority [see CIT versus S.P.Jjain, (1973) 87 ITR 370 (SC)]. We are conscious that t has been observed that the order must e read as a whole to see whether the test of perversity is satisfied but in the present case when we apply the test expounded in Dhirajlal Girdhrilal (supra) and Daulat Ram Rawat mull (supra) and also read the order as a whole, we reach the affirmative opinion in favour of the ap…

ITO, WARD-2(3), DURGAPUR, KOLKATA vs. M/S HEIGHT INSURANCE SERVICES LTD., KOLKATA

Appeal is dismissed

ITA 2266/KOL/2016[2011-12]Status: DisposedITAT Kolkata08 Jun 2018AY 2011-12

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2011-12 Income Tax Officer, V/S. M/S Height Insurance Ward-2(3), R/No.10/21, Services Ltd., Room 7Th Floor, Aayakar No.319,3Rd Floor, Bhawan, P-7, Kamalaya Centre, 156A, Chowringhee Square, Lenin Sarani, Kolakta-13 Kolkata-69 [Pan No.Aacch 0943 G] .. अपीलाथ" /Appellant ""यथ"/Respondent Md. Usman, Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri A.K. Tibrewal, Fca ""यथ" क" ओर से/By Respondent 31-05-2018 सुनवाई क" तार"ख/Date Of Hearing 08-06-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Revenue’S Appeal For Assessment Year 2011-12 Arises Against Commissioner Of Income Tax (Appeals)-14, Kolkata’S Order Dated 31.08.2016 In Case No. 188/Cit(A)-14/Wd-1(1)/2015-16, In Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. 2. The Revenue’S Solitary Grievance Pleaded In The Instant Appeal Seeks To Revive Section 37 R.W 40(A)(Ia) Disallowances / Addition Of ₹66,18,00,000/- Pertaining To Assessee’S Service Charges Paid To M/S Golden Trust Financial Services (Gtfs) Hereafter For Having Acted As Its Agent. It’S Next Two Averments Are That The Cit(A) Has Erred In Law As Well As On Facts In Examining Assessee’S Exclusive Method Of Accounting In Service Tax Receivable On Output Services As Against Inclusive Method Of Service Tax

Section 143(3)Section 37

…s not rationally possible. a factual conclusion is regarded as perverse when no person duly instructed or acting judicially cold act upon the record before him, have reached the conclusion arrived at by the tribunal/authority [see CIT versus S.P.Jjain, (1973) 87 ITR 370 (SC)]. We are conscious that t has been observed that the order must e read as a whole to see whether the test of perversity is satisfied but in the present case when we apply the test expounded in Dhirajlal Girdhrilal (supra) and Daulat Ram Rawat mull (supra) and also read the order as a whole, we reach the affirmative opinion in favour of the ap…

ASSISTANT COMMISSIONER OF INCOME TAX-1(1),, RAIPUR vs. SHRI. JAVED ALI PRADHAN,, RAIPUR

In the result, all appeals filed by the Revenue are dismissed

ITA 132/BIL/2011[2007-08]Status: DisposedITAT Raipur10 Jan 2018AY 2007-08

Bench: : Shri N.S.Saini & Shri Pavan Kumar Gadale, Judical Member

For Appellant: NoneFor Respondent: Shri R.K.Singh, CITDR

…presumption u/s 132(4A) and hence the High Court remanded the issue to the ITAT. The facts in the appellant's case are entirely different and distinguishable from the above, which is evident from the detailed discussion supra.. 1.21 In CIT v. S.P. Jain [1973] 87 ITR 370 [SC], the second case heavily relied upon by the AO, that appellant was proved to have purchased shares in benami names. Whereas in the case of the appellant, it was not proved that the impugned loose papers related to the appellant's unexplained investment in acquiring unrecorded assets either in his name or in the name of any benamidar. Hence th…

ASSISTANT COMMISSIONER OF INCOME TAX-1(1),, RAIPUR vs. SHRI. JAVED ALI PRADHAN,, RAIPUR

In the result, all appeals filed by the Revenue are dismissed

ITA 131/BIL/2011[2006-07]Status: DisposedITAT Raipur10 Jan 2018AY 2006-07

Bench: : Shri N.S.Saini & Shri Pavan Kumar Gadale, Judical Member

For Appellant: NoneFor Respondent: Shri R.K.Singh, CITDR

…presumption u/s 132(4A) and hence the High Court remanded the issue to the ITAT. The facts in the appellant's case are entirely different and distinguishable from the above, which is evident from the detailed discussion supra.. 1.21 In CIT v. S.P. Jain [1973] 87 ITR 370 [SC], the second case heavily relied upon by the AO, that appellant was proved to have purchased shares in benami names. Whereas in the case of the appellant, it was not proved that the impugned loose papers related to the appellant's unexplained investment in acquiring unrecorded assets either in his name or in the name of any benamidar. Hence th…

ASSISTANT COMMISSIONER OF INCOME TAX-1(1),, RAIPUR vs. SHRI. JAVED ALI PRADHAN,, RAIPUR

In the result, all appeals filed by the Revenue are dismissed

ITA 130/BIL/2011[2005-06]Status: DisposedITAT Raipur10 Jan 2018AY 2005-06

Bench: : Shri N.S.Saini & Shri Pavan Kumar Gadale, Judical Member

For Appellant: NoneFor Respondent: Shri R.K.Singh, CITDR

…presumption u/s 132(4A) and hence the High Court remanded the issue to the ITAT. The facts in the appellant's case are entirely different and distinguishable from the above, which is evident from the detailed discussion supra.. 1.21 In CIT v. S.P. Jain [1973] 87 ITR 370 [SC], the second case heavily relied upon by the AO, that appellant was proved to have purchased shares in benami names. Whereas in the case of the appellant, it was not proved that the impugned loose papers related to the appellant's unexplained investment in acquiring unrecorded assets either in his name or in the name of any benamidar. Hence th…

ASSISTANT COMMISSIONER OF INCOME TAX-1(1),, RAIPUR vs. SHRI. JAVED ALI PRADHAN,, RAIPUR

In the result, all appeals filed by the Revenue are dismissed

ITA 128/BIL/2011[2003-04]Status: DisposedITAT Raipur10 Jan 2018AY 2003-04

Bench: : Shri N.S.Saini & Shri Pavan Kumar Gadale, Judical Member

For Appellant: NoneFor Respondent: Shri R.K.Singh, CITDR

…presumption u/s 132(4A) and hence the High Court remanded the issue to the ITAT. The facts in the appellant's case are entirely different and distinguishable from the above, which is evident from the detailed discussion supra.. 1.21 In CIT v. S.P. Jain [1973] 87 ITR 370 [SC], the second case heavily relied upon by the AO, that appellant was proved to have purchased shares in benami names. Whereas in the case of the appellant, it was not proved that the impugned loose papers related to the appellant's unexplained investment in acquiring unrecorded assets either in his name or in the name of any benamidar. Hence th…

ASSISTANT COMMISSIONER OF INCOME TAX-1(1),, RAIPUR vs. SHRI. JAVED ALI PRADHAN,, RAIPUR

In the result, all appeals filed by the Revenue are dismissed

ITA 127/BIL/2011[2002-03]Status: DisposedITAT Raipur10 Jan 2018AY 2002-03

Bench: : Shri N.S.Saini & Shri Pavan Kumar Gadale, Judical Member

For Appellant: NoneFor Respondent: Shri R.K.Singh, CITDR

…presumption u/s 132(4A) and hence the High Court remanded the issue to the ITAT. The facts in the appellant's case are entirely different and distinguishable from the above, which is evident from the detailed discussion supra.. 1.21 In CIT v. S.P. Jain [1973] 87 ITR 370 [SC], the second case heavily relied upon by the AO, that appellant was proved to have purchased shares in benami names. Whereas in the case of the appellant, it was not proved that the impugned loose papers related to the appellant's unexplained investment in acquiring unrecorded assets either in his name or in the name of any benamidar. Hence th…

ASSISTANT COMMISSIONER OF INCOME TAX-1(1),, RAIPUR vs. SHRI. JAVED ALI PRADHAN,, RAIPUR

In the result, all appeals filed by the Revenue are dismissed

ITA 126/BIL/2011[2001-02]Status: DisposedITAT Raipur10 Jan 2018AY 2001-02

Bench: : Shri N.S.Saini & Shri Pavan Kumar Gadale, Judical Member

For Appellant: NoneFor Respondent: Shri R.K.Singh, CITDR

…presumption u/s 132(4A) and hence the High Court remanded the issue to the ITAT. The facts in the appellant's case are entirely different and distinguishable from the above, which is evident from the detailed discussion supra.. 1.21 In CIT v. S.P. Jain [1973] 87 ITR 370 [SC], the second case heavily relied upon by the AO, that appellant was proved to have purchased shares in benami names. Whereas in the case of the appellant, it was not proved that the impugned loose papers related to the appellant's unexplained investment in acquiring unrecorded assets either in his name or in the name of any benamidar. Hence th…

ACIT, CIRCLE - 1, ASANSOL, ASANSOL vs. BURNPUR CEMENT LTD., ASANSOL

In the result, the appeal of the revenue is dismissed

ITA 28/KOL/2012[2008-09]Status: DisposedITAT Kolkata19 Oct 2016AY 2008-09

Bench: Shri M. Balaganesh, Am & Shri K. Narasimha Chary, Jm आयकर अपील सं./Ita No.28/Kol/2012 ("नधा"रण वष" / Assessment Year :2010-2011) Acit, Circle-I, Lower Vs. Brunpur Cement Ltd., 141, Chelidanga, Asansol-4 Cement House, Saradapally, Ashok Nagar, Asansol, District-Burdwan- 713304 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aacca 1999 B .. (अपीलाथ" /Appellant) (""यथ" / Respondent) राज"व क" ओर से /Revenue By : Shri Niraj Kumar Cit Dr "नधा"रती क" ओर से /Assessee By : Shri S.M.Surana Advocate सुनवाई क" तार"ख / Date Of Hearing : 26/08/2016 घोषणा क" तार"ख/Date Of Pronouncement 19/10/2016 आदेश / O R D E R Per M.Balaganesh, Am This Appeal Of The Assessee Arises Out Of The Order Of Learned Cit(A), Asansol, In Appeal No.296/Cit(A)/Asl/R-I/Asl/10-11 Dated 31.10.2011 Passed Against The Order Of Assessment Framed U/S.144 Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’).

For Appellant: Shri S.M.Surana AdvocateFor Respondent: Shri Niraj Kumar CIT DR
Section 144

…other relevant materials recorded the finding that the transactions are genuine – Finding not perverse – Tribunal justified in holding that the transactions are genuine – Directions to delete the addition tenable – CIT vs S.P.Jain 1972 CTR (SC) 443 : (1973 ) 87 ITR 370 (SC) : TC42R.1422#1 applied 4.6.5. We find that the various decisions relied upon by the ld AR supra are squarely applicable to the facts of the instant case. The same are not dealt with herein for the sake of brevity. 4.6.6. In view of the aforesaid facts and findings and respectfully following the judicial precedents relied upon hereinabove in…

COMMISSIONER OF INCOME TAX DELHI vs. SUNAERO LTD.

ITA - 562 / 2008HC Delhi01 Jun 2012
Section 260ASection 4Section 45Section 47

…rationally possible. A factual conclusion is regarded as perverse when no person duly instructed or acting judicially could act upon the record before him, have reached the conclusion arrived at by the tribunal/authority [see CIT versus S.P. Jain, (1973) 87 ITR 370 (SC)]. 36. We are conscious that it has been observed that the order must be read as a whole to see whether the test of perversity is satisfied but in the present case when we apply the test expounded in Dhirajlal Girdharilal (supra) and Daulat Ram Rawat Mull (supra) and also read the order as a whole, we reach the affirmative opinion in fa…

Commissioner of Income Tax

ITA/562/2008HC Delhi01 Jun 2012
Section 260ASection 4Section 45Section 47

…rationally possible. A factual conclusion is regarded as perverse when no person duly instructed or acting judicially could act upon the record before him, have reached the conclusion arrived at by the tribunal/authority [see CIT versus S.P. Jain, (1973) 87 ITR 370 (SC)]. 36. We are conscious that it has been observed that the order must be read as a whole to see whether the test of perversity is satisfied but in the present case when we apply the test expounded in Dhirajlal Girdharilal (supra) and Daulat Ram Rawat Mull (supra) and also read the order as a whole, we reach the affirmative opinion in fa…

CIT vs. SHRIRAM PISTONS & RINGS LTD

The appeals are dismissed on

ITA/8/2012HC Delhi16 Feb 2012

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE R.V.EASWAR

Section 260A

…is not rationally possible. A factual conclusion is regarded as perverse, when no person duly instructed or acting judicially could upon the record before him, have reached the conclusion arrived at the tribunal/ authority. [See CIT Vs. S.P. Jain (1973) 87 ITR 370 (SC)]. On the basis of material referred to and the reasoning given by the tribunal it is no possible to hold that findings ITA 45/2012 & conn. Page 11 of 11 recorded are rationally illogical, inconsistent with the facts on record or not supported by evidence and material. The appeals are dismissed on the ground that no s…

CIT vs. SHRIRAM PISTONS & RINGS LTD

The appeals are dismissed on

ITA/1177/2011HC Delhi16 Feb 2012

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE R.V.EASWAR

Section 260A

…is not rationally possible. A factual conclusion is regarded as perverse, when no person duly instructed or acting judicially could upon the record before him, have reached the conclusion arrived at the tribunal/ authority. [See CIT Vs. S.P. Jain (1973) 87 ITR 370 (SC)]. On the basis of material referred to and the reasoning given by the tribunal it is no possible to hold that findings ITA 45/2012 & conn. Page 11 of 11 recorded are rationally illogical, inconsistent with the facts on record or not supported by evidence and material. The appeals are dismissed on the ground that no s…

1.21 In CIT v. S.P. Jain (87 ITR 370) — Cited in 20 Judgments | BharatTax