73 ITR 735 (2002-TIOL-780-SC- IT) and Khan Bahadur Ahmed Alladin & Sons. v. Commissioner of Income Tax, Andhra Pradesh

68 ITR 573Supreme Court of India1968#14345 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 341,001 Indian tax judgments — from 2016 to 2025.

Sections most often in play

Section 143(1)Section 143(3)Section 115BBE Section 142(1)Section 143(2)Section 14A Section 1961 Section 2(13)

Issues it is cited on

long term capital gain income from other sources transfer section 143 section 143(3)total income business company interest section 14

Judgments citing 73 ITR 735 (2002-TIOL-780-SC- IT) and Khan Bahadur Ahmed Alladin & Sons. v. Commissioner of Income Tax, Andhra Pradesh

Asst Commissioner of Income Tax, Bikaner vs. Mukesh Shah, Sriganganagar

In the result, the appeal of the revenue is dismissed

ITA 399/JODH/2023[2017-18]Status: DisposedITAT Jodhpur08 Jan 2025AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 24

…o or more parties in consideration of money or money's worth where there is a risk of loss as well as chance of gain and these activities may be quite similar to the ordinary business. Hon’ble Courts in the cases Khan Bahadm Ahmed Alladin& Sons v. CIT (1968) 68 ITR 573 (SC), P. Mohd. Meera Khan v. CIT (1969) 73 ITR 735 (SC). Premji Bhimji. v. CIT (1971) 81 ITR 179 (Cal), CIT v. H. Holck Larsen (1986) 160 1TR 67 (SC) and CIT v. VA.Trivedi (1988) 172 ITR 95 (Bom) have held that it was not possible to evolve any single test or formula which can be applied in determining whether a transaction is adventure in the…

Shri Deepak Suresh Gadge, Nagpur vs. Dy. CIT, Circle-1, Nagpur

In the result, appeal filed by the assessee partly allowed

ITA 23/NAG/2018[2013-2014]Status: DisposedITAT Nagpur28 Nov 2024AY 2013-2014

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Abhay Y. Marathe

Section 234A

…e, and then sells it at a profit, it would be a clear case of capital accretion and not profit derived from an adventure in the nature of trade. " 23. These observations were reiterated by the Supreme Court in Khan Bahadur Ahmed Alladin and Sons v. CIT [1968] 68 ITR 573 in the following words (at page 581) : "..... it is not possible to evolve any legal test or formula which can be applied in determining whether a transaction is an adventure in the nature of trade or not. The answer to the question must necessarily depend in each case on the total impression and effect of all the relevant factors and circumstance…

M/S Amu Shares and Securities Ltd, Mumbai vs. Deputy Commissioner of Income-Tax, Circle-4(1)(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 4364/MUM/2023[2009-10]Status: DisposedITAT Mumbai26 Jul 2024AY 2009-10

Bench: SHRI AMIT SHUKLA (Judicial Member), SMT RENU JAUHRI (Accountant Member)

Section 143(3)Section 317Section 73

…178 and Patnaik & Co. Ltd. v. CIT [1986] 27 Taxman287/161 ITR 365. This was contested by the Revenue and reliance was placed upon the decision of the Apex Court in Sohan Pathak & Sons v. CIT [1953] 24ITR 395 and Khan Bahadur Ahmed Alladin & Sons v. CIT [1968] 68 ITR 573 to contend that as the statement of case is not clear, the Court should call for a supplementary statement of case from the Tribunal. We do not find-that the statement of case is not clear. In any event, to satisfy ourselves, we went through the basis of the Revenue's contention viz. the assessment order and find no substance in the contention." "…

Sat Sahib Securities Pvt. Ltd., Delhi vs. DCIT, Circle-7(1), New Delhi

In the result the appeal of the assessee is allowed

ITA 785/DEL/2020[2006-07]Status: DisposedITAT Delhi12 Jul 2024AY 2006-07

Bench: Sh. S. Rifaur Rahman & Sh. Sudhir Kumarassessment Year: 2006-07 M/S. Sat Sahib Securities Pvt. Vs Dcit Ltd. Pvt. Ltd., B-129, Anand Circle – 7 (1) Vihar, New Delhi-110092 New Delhi Pan No.Aabcs2456G (Appellant) (Respondent)

Section 143Section 143(3)Section 14ASection 234BSection 254

…hares in question. the tests laid down by the Supreme Court in P.M. Mohammed Meerakhan v. Commissioner of Income Tax, Kerala, [1969] 73 ITR 735 (2002-TIOL-780-SC- IT) and Khan Bahadur Ahmed Alladin & Sons v. Commissioner of Income Tax, Andhra Pradesh, [1968] 68 ITR 573, and that the issue involved in the present case is squarely covered in favour of the assessee and against the revenue by the said decisions. ++From the facts noted hereinabove, it is apparent that both the Tribunal as well as Commissioner (Appeals) have recorded concurrent findings of fact to the effect that the assessee had disposed of most of…

The Income Tax Officer, Amritsar vs. Sh. Shiv Raj Singh Bawa, Amritsar

In the result, the Revenue’s appeal is allowed and the assessee’s CO, dismissed

ITA 407/ASR/2016[2012-13]Status: DisposedITAT Amritsar30 Jan 2019AY 2012-13

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 407/Asr/2016 Assessment Year: 2012-13

For Appellant: Sh. Charan Dass (D.R.)For Respondent: Sh. Tarun Bansal (Adv.)

Section 143(3)Section 40A(3)

…our order, refer to some celebrated decisions by the Apex Court settling the law in the matter, viz. G. Venkataswami Naidu & Co. v. CIT [1959] 35 ITR 594 (SC); Janki Ram Bahadur Ram v. CIT [1965] 57 ITR 21 (SC); Khan Bahadur Ahmed Alladin & Sons v. CIT [1968] 68 ITR 573 (SC); CIT v. Sutlej Cotton Mills Supply Agency Ltd. [1975] 100 ITR 706 (SC). The reference by the ld. Departmental Representative (DR), Sh. Charan Dass, to decisions in Karanpura Development Co. Ltd. v. CIT [1962] 44 ITR 362 (SC) and S.G. Mercantile Corporation (P.) Ltd. v. CIT [1972] 83 ITR 700 (SC) in this regard is also apposite. The facts of a…

Sh. Parminder Singh, Kapurthala vs. A.C.I.T, Central Circle- I, Jalandhar

In the result, the appeal filed by the assessee stands allowed

ITA 329/ASR/2017[2009-10]Status: DisposedITAT Amritsar19 Dec 2018AY 2009-10

Bench: Sh. Sanjay Arora & Sh. N.K.Choudhryita No.329(Asr)/2017 Assessment Year:2009-10

For Appellant: Sh. Surinder Mahajan (Ld. CA)For Respondent: Sh. Charan Dass (Ld. DR)

Section 250(6)

…IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N.K.CHOUDHRY, JUDICIAL MEMBER ITA No.329(Asr)/2017 Assessment Year:2009-10 Sh. Parminder Singh Vs. Asst. CIT, Gopal Park, Kapurthala Central Circle-I, Jalandhar [PAN:ACMPS 6748R] (Appellant) (Respondent) Appellant by: Sh. Surinder Mahajan (Ld. CA) Respondent by: Sh. Charan Dass (Ld. DR) Date of hearing: 28.11.2018 Date of pronouncement: 19.12.2018 ORDER PER N.K.CHOUDHRY, JM: The instant appeal has been preferred by the Assessee/Appellant against the order dated 03.02.2017, passed by the Ld. CI…

DCIT, New Delhi vs. Sh. Mahesh Kumar, New Delhi

In the result, the appeal of the department is dismissed

ITA 173/DEL/2012[2008-09]Status: DisposedITAT Delhi13 Dec 2016AY 2008-09

Bench: Sh. N. K. Saini, Am & Smt. Beena Pillai, Jm Ita No. 173/Del/2012 : Asstt. Year : 2008-09 Dcit, Vs Sh. Mahesh Kumar, Circle-21(1), C-13/170, Sector-3, Rohini, New Delhi Delhi-110085 (Appellant) (Respondent) Pan No. Aalpk4117B Assessee By : Sh. Ved Jain, Adv. Revenue By : Sh. P. Dum Kanunjna, Cit Dr Date Of Hearing : 16.09.2016 Date Of Pronouncement : 13.12.2016 Order Per N. K. Saini, Am: This Is An Appeal By The Department Against The Order Dated 17.10.2011 Of Ld. Cit(A)-Xxii, New Delhi.

For Appellant: Sh. Ved Jain, AdvFor Respondent: Sh. P. Dum Kanunjna, CIT DR

Section 143(1)Section 271A

…nt Commissioner of Income tax (ITAT, Mumbai)(ITA No - 2733/Mum/2009) " P.M. Mohammed Meerakhan v Commissioner of Income Tax, Kerala, [1969] 73 ITR 735 16 Mahesh Kumar " Khan Bahadur Ahmed Alladin and Sons v. Commissioner of Income Tax, Andhra Pradesh, [1968] 68 ITR 573 " Commissioner of Income Tax, Nagpur v M/s Sutlej Cotton Mills Supply Agency Ltd., (1975) 100 ITR 706 (Supreme Court) " Commissioner of Income tax v Niraj Amidhar Surti (238 CTR 294) (HC-Gujarat) " Commissioner of Income Tax v Madan Gopal Radhey Lal, [1969] 73 ITR 652 (SC) " Income tax officer v Radha Birju Patel (ITAT - Mumbai) (ITA No.5382/Mum/…