67. In CIT v. Bank of China

154 ITR 617High Court1985#9643 most cited

11

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Sections most often in play

Section 13(4)Section 250 Section 253 Section 6(3)Section 90

Issues it is cited on

section 6(3)(ii)section 271(1)(a)section 6(3)section 4a section 163 section 51 section 124 principal officer section 282 section 246 section 260 interest under section 234a

Judgments citing 67. In CIT v. Bank of China

ESSAR COMMUNICATIONS LIMITED,MAURITIUS vs. ACIT, CIRCLE-1 (2)(2), NEW DELHI

ITA 340/DEL/2022[2012-13]Status: DisposedITAT Delhi30 Jun 2025AY 2012-13

Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI S. RIFAUR RAHMAN (Accountant Member)

For Appellant: Shri Percy Pardiwala, Sr. AdvocateFor Respondent: Shri N. Venkatraman, ASG

Section 250Section 253Section 6(3)

…attached herewith as Annexure 3 and a summary of the 11 board meetings which took place in F.Y. 2011-12 is attached herewith as Annexure 4. 41. The Assessee further relies on the judgment of the Calcutta High Court in the case of CIT vs Bank of China (1985) (154 ITR 617), wherein it was held that the control and management of a company is situated at a place where meetings are held by the board of directors. In the instant case, all the decisions relating to the affairs of the company have been taken by the board of directors in the meeting held at its registered office in Mauritius and the tax authorities have…

ESSAR COM LIMITED,MAURITIUS vs. ACIT, CIRCLE 1(2)(2), NEW DELHI

ITA 339/DEL/2022[2012-13]Status: DisposedITAT Delhi30 Jun 2025AY 2012-13

Bench: Shri Satbeer Singh Godara & Shri S.Rifaur Rahman

For Appellant: Shri Percy Pardiwala, Sr. AdvocateFor Respondent: Shri N. Venkatraman, ASG

Section 250Section 253Section 6(3)

…attached herewith as Annexure 3 and a summary of the 11 board meetings which took place in F.Y. 2011-12 is attached herewith as Annexure 4. 41. The Assessee further relies on the judgment of the Calcutta High Court in the case of CIT vs Bank of China (1985) (154 ITR 617), wherein it was held that the control and management of a company is situated at a place where meetings are held by the board of directors. In the instant case, all the decisions relating to the affairs of the company have been taken by the board of directors in the meeting held at its registered office in Mauritius and the tax authorities have…

COMMISSIONER OF INCOME TAX- DELHI vs. M/S PASUPATI NATH COMMR. P. LTD.

The appeals are allowed with costs of Rs

ITA/168/2002HC Delhi22 Feb 2016

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…cised by the partners residing in India, it would not be relevant to enquire whether the control and management thus exercised amounted to a substantial part of the control and management of the affairs of the firm.” 67. In CIT v. Bank of China [1985] 154 ITR 617 (Cal) it was held: ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 38 of 51 "The question depends on the fact of the management and not on the physical situation of the thing that is managed. A company is managed by the board of directors and if the meetings of the board of directors are held within India, it may be said th…

COMMISSIONER OF INCOME TAX DEL vs. M/S SWASTIK COMMERCIAL P. LTD.

The appeals are allowed with costs of Rs

ITA/165/2002HC Delhi22 Feb 2016

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…cised by the partners residing in India, it would not be relevant to enquire whether the control and management thus exercised amounted to a substantial part of the control and management of the affairs of the firm.” 67. In CIT v. Bank of China [1985] 154 ITR 617 (Cal) it was held: ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 38 of 51 "The question depends on the fact of the management and not on the physical situation of the thing that is managed. A company is managed by the board of directors and if the meetings of the board of directors are held within India, it may be said th…

COMMISSIONER OF INCOME TAX DEL vs. M/S TRISHUL COMMERCIAL P. LTD.

The appeals are allowed with costs of Rs

ITA/167/2002HC Delhi22 Feb 2016

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…cised by the partners residing in India, it would not be relevant to enquire whether the control and management thus exercised amounted to a substantial part of the control and management of the affairs of the firm.” 67. In CIT v. Bank of China [1985] 154 ITR 617 (Cal) it was held: ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 38 of 51 "The question depends on the fact of the management and not on the physical situation of the thing that is managed. A company is managed by the board of directors and if the meetings of the board of directors are held within India, it may be said th…

COMMISSIONER OF INCOME TAX- DELHI vs. M/S MANSAROVER COMMERCIAL P. LTD.

The appeals are allowed with costs of Rs

ITA/162/2002HC Delhi22 Feb 2016

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…cised by the partners residing in India, it would not be relevant to enquire whether the control and management thus exercised amounted to a substantial part of the control and management of the affairs of the firm.” 67. In CIT v. Bank of China [1985] 154 ITR 617 (Cal) it was held: ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 38 of 51 "The question depends on the fact of the management and not on the physical situation of the thing that is managed. A company is managed by the board of directors and if the meetings of the board of directors are held within India, it may be said th…

COMMISSIONER OF INCOME TAX DEL vs. M/S SOVERIGN COMMERCIAL P. LTD

The appeals are allowed with costs of Rs

ITA/164/2002HC Delhi22 Feb 2016

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…cised by the partners residing in India, it would not be relevant to enquire whether the control and management thus exercised amounted to a substantial part of the control and management of the affairs of the firm.” 67. In CIT v. Bank of China [1985] 154 ITR 617 (Cal) it was held: ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 38 of 51 "The question depends on the fact of the management and not on the physical situation of the thing that is managed. A company is managed by the board of directors and if the meetings of the board of directors are held within India, it may be said th…

COMMISSIONER OF INCOME TAX DEL vs. M/S SOVERIGN COMMERCIAL P. LTD

The appeals are allowed with costs of Rs

ITA - 164 / 2002HC Delhi22 Feb 2016

…cised by the partners residing in India, it would not be relevant to enquire whether the control and management thus exercised amounted to a substantial part of the control and management of the affairs of the firm.” 67. In CIT v. Bank of China [1985] 154 ITR 617 (Cal) it was held: 2016:DHC:1449-DB ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 38 of 51 "The question depends on the fact of the management and not on the physical situation of the thing that is managed. A company is managed by the board of directors and if the meetings of the board of directors are held within India,…

COMMISSIONER OF INCOME TAX DEL vs. M/S SWASTIK COMMERCIAL P. LTD.

The appeals are allowed with costs of Rs

ITA - 165 / 2002HC Delhi22 Feb 2016

…cised by the partners residing in India, it would not be relevant to enquire whether the control and management thus exercised amounted to a substantial part of the control and management of the affairs of the firm.” 67. In CIT v. Bank of China [1985] 154 ITR 617 (Cal) it was held: 2016:DHC:1449-DB ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 38 of 51 "The question depends on the fact of the management and not on the physical situation of the thing that is managed. A company is managed by the board of directors and if the meetings of the board of directors are held within India,…

COMMISSIONER OF INCOME TAX DEL vs. M/S TRISHUL COMMERCIAL P. LTD.

The appeals are allowed with costs of Rs

ITA - 167 / 2002HC Delhi22 Feb 2016

…cised by the partners residing in India, it would not be relevant to enquire whether the control and management thus exercised amounted to a substantial part of the control and management of the affairs of the firm.” 67. In CIT v. Bank of China [1985] 154 ITR 617 (Cal) it was held: 2016:DHC:1449-DB ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 38 of 51 "The question depends on the fact of the management and not on the physical situation of the thing that is managed. A company is managed by the board of directors and if the meetings of the board of directors are held within India,…

COMMISSIONER OF INCOME TAX- DELHI vs. M/S PASUPATI NATH COMMR. P. LTD.

The appeals are allowed with costs of Rs

ITA - 168 / 2002HC Delhi22 Feb 2016

…cised by the partners residing in India, it would not be relevant to enquire whether the control and management thus exercised amounted to a substantial part of the control and management of the affairs of the firm.” 67. In CIT v. Bank of China [1985] 154 ITR 617 (Cal) it was held: 2016:DHC:1449-DB ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 38 of 51 "The question depends on the fact of the management and not on the physical situation of the thing that is managed. A company is managed by the board of directors and if the meetings of the board of directors are held within India,…