16 In Shyam Telelink Ltd. v. ITO

99 ITD 576Income Tax Appellate Tribunal2006#18548 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2019.

Judgments citing 16 In Shyam Telelink Ltd. v. ITO

HEMALATHA RAJAN,CHENNAI vs. DCIT CORPORATE CIRCLE 4(1), CHENNAI

In the result, the ITA No

ITA 668/CHNY/2019[2009-10]Status: DisposedITAT Chennai17 Oct 2019AY 2009-10

Bench: Shri George Mathan & Shri Inturi Rama Rao

For Appellant: Shri. Vikram Vijayaraghavan, AdvFor Respondent: Shri. R. Clement Ramesh
Section 143(3)Section 147

…breach of contract and claimed the compensation to be capital receipt placing reliance on the decisions of Hon'ble Supreme Court in the case of Oberoi Hotel P. Ltd vs. CIT, 236 ITR 903 and Hon’ble Delhi High Court in the case of Shyam Telelink Ltd vs. ITO, 99 ITD 576. The addition was contested before the ld. CIT(A) who vide order dated 31.07.2012 confirmed the action of the Assessing Officer. Even on further appeal before the Tribunal came to be dismissed vide order dated 20.12.2012 in ITA No. 1776/Mds/2012 for assessment year 2009-2010. While matter stood thus, the Assessing Officer had come to 6. know t…

KARUPPUSAMY PANDIARAJAN,CHENNAI vs. DCIT CORPORATE CIRCLE 4(1), CHENNAI

In the result, the ITA No

ITA 667/CHNY/2019[2009-10]Status: DisposedITAT Chennai17 Oct 2019AY 2009-10

Bench: Shri George Mathan & Shri Inturi Rama Rao

For Appellant: Shri. Vikram Vijayaraghavan, AdvFor Respondent: Shri. R. Clement Ramesh
Section 143(3)Section 147

…breach of contract and claimed the compensation to be capital receipt placing reliance on the decisions of Hon'ble Supreme Court in the case of Oberoi Hotel P. Ltd vs. CIT, 236 ITR 903 and Hon’ble Delhi High Court in the case of Shyam Telelink Ltd vs. ITO, 99 ITD 576. The addition was contested before the ld. CIT(A) who vide order dated 31.07.2012 confirmed the action of the Assessing Officer. Even on further appeal before the Tribunal came to be dismissed vide order dated 20.12.2012 in ITA No. 1776/Mds/2012 for assessment year 2009-2010. While matter stood thus, the Assessing Officer had come to 6. know t…

DCIT CIR 3(3), MUMBAI vs. SICOM LTD, MUMBAI

In the result, appeal of Revenue is dismissed whereas appeal of the assessee is allowed in part in terms indicated hereinabove

ITA 1685/MUM/2009[2003-2004]Status: DisposedITAT Mumbai06 Dec 2016AY 2003-2004

Bench: Shri R.C.Sharma, Am & Shri Amarjit Singh, Jm M/S. Sicom Ltd., Vs. Dcit – 3(3) – Mumbai-20 Nirmal, 1St Floor, Nariman Point, Mumbai – 400 021 Pan/Gir No. Aaacs5524J Appellant) .. Respondent) & Dcit – 3(3) – Mumbai- Vs. M/S. Sicom Ltd., Nirmal, 1St Floor, Nariman Point, 20 Mumbai – 400 021 Pan/Gir No. Aaacs5524J Appellant) .. Respondent)

Section 115JSection 143(3)Section 234BSection 41

…Iyengar and sons Ltd., took a view that, in respect of an amount like security deposit or loan, the character of remission is always of a capital receipt and remission does not give rise to any income of chargeable nature. 4.16 In Shyam Telelink Ltd vs. ITO (99 ITD 576)(Del), a US company M/s. Qualcomm had committed to provide telecommunication infrastructure and to assist the assessee in setting up and rendering telecommunication services in the telecom circle of Rajasthan. Assessee had taken loan from a bank in connection with this project for which Qualcomm had stood as guarantor. On account of worldwide busi…

SICOM LTD,MUMBAI vs. DCIT RG 3(3), MUMBAI

In the result, appeal of Revenue is dismissed whereas appeal of the assessee is allowed in part in terms indicated hereinabove

ITA 1522/MUM/2009[2003-2004]Status: DisposedITAT Mumbai06 Dec 2016AY 2003-2004

Bench: Shri R.C.Sharma, Am & Shri Amarjit Singh, Jm M/S. Sicom Ltd., Vs. Dcit – 3(3) – Mumbai-20 Nirmal, 1St Floor, Nariman Point, Mumbai – 400 021 Pan/Gir No. Aaacs5524J Appellant) .. Respondent) & Dcit – 3(3) – Mumbai- Vs. M/S. Sicom Ltd., Nirmal, 1St Floor, Nariman Point, 20 Mumbai – 400 021 Pan/Gir No. Aaacs5524J Appellant) .. Respondent)

Section 115JSection 143(3)Section 234BSection 41

…Iyengar and sons Ltd., took a view that, in respect of an amount like security deposit or loan, the character of remission is always of a capital receipt and remission does not give rise to any income of chargeable nature. 4.16 In Shyam Telelink Ltd vs. ITO (99 ITD 576)(Del), a US company M/s. Qualcomm had committed to provide telecommunication infrastructure and to assist the assessee in setting up and rendering telecommunication services in the telecom circle of Rajasthan. Assessee had taken loan from a bank in connection with this project for which Qualcomm had stood as guarantor. On account of worldwide busi…

DCIT 9(2), MUMBAI vs. DEEPAK PREMNARAYEN, MUMBAI

In the result, appeal stands allowed for statistical purposes

ITA 876/MUM/2013[2009-10]Status: DisposedITAT Mumbai30 Sept 2016AY 2009-10

Bench: Shri Saktijit Dey & Shri N.K. Pradhan

For Appellant: Shri Prakash R. ManeFor Respondent: Shri H.P. Mahajani
Section 14ASection 14A(3)

…it is a capital receipt, hence, not taxable. For such proposition, he relied upon the following decision:– i) CIT v/s Prabhul Dayal, [1971] 82 ITR 804 (SC); ii) CIT v/s Rao Raja Kalyansingh, [1974] 97 ITR 690 (Raj.); iii) Shyam Telelink Ltd. v/s ITO, [2006] 99 ITD 576 (Del.); and iv) Inter Gold (I) P. Ltd. v/s JCIT, [2010] 37 SOT 45 (T–Mum.). 11. We have considered the submissions of the parties and perused the material available on record in the light of the decision relied upon. The issue arising for consideration is whether the amount received by the assessee from FirstRand Bank Ltd., South Africa, is capit…

16 In Shyam Telelink Ltd. v. ITO (99 ITD 576) — Cited in 5 Judgments | BharatTax