98 ITR 189 (SC); Surashtra Cement and Chemical Industries Ltd. v. CIT

163 ITR 364Reported decision1987#16958 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2007 to 2021.

Judgments citing 98 ITR 189 (SC); Surashtra Cement and Chemical Industries Ltd. v. CIT

DY. COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW vs. M/S U.P FOREST CORPORATION, LUCKNOW

In the result, the appeal of the Revenue stands dismissed

ITA 574/LKW/2019[2016-17]Status: DisposedITAT Lucknow21 Sept 2021AY 2016-17

Bench: Shri A. D. Jain & Shri T. S. Kapoorassessment Year:2016-17

Section 11Section 12ASection 2(15)

…nsaction of an earlier year does not become a liability payable in the earlier year unless it can be said that the liability was determined and crystallized in the year in question. ii) The Hon'ble Rajasthan High Court in the case of Addl. CIT v. Farasol Ltd.(163 ITR 364) held that the assessee entered into a contract with Oil and Natural Gas Commission in February, 1964. The operation started in December 1964. The assessee claimed deduction of expenses for the period 10-9-1964 to 31- 12-1965 after the communication of approval in the assessment year 1966-67. The Hon'ble High Court held that the expenditure incur…

M/S. STP LIMITED,KOLKATA vs. DCIT, CIRCLE-10, KOLKATA, KOLKATA

In the result, appeal filed by the assessee is dismissed

ITA 749/KOL/2017[2011-12]Status: DisposedITAT Kolkata05 Feb 2020AY 2011-12

Bench: Shri S. S. Godara, Jm & Dr. A.L. Saini, Am Vs. Dcit, Circle-10, Kolkata M/S Stp Limited C/O. G.P. Agarwal & Associates, 7A, Kiran Shankar Ray Road, 2Nd Floor, Kol-1. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaecs6339M .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

For Appellant: Shri D. K. Kothari, FCAFor Respondent: Smt. Ranu Biswas, Addl. CIT
Section 143(3)

…that the appointment became effective and the company's liability to pay the remuneration of the managing agents accrued. 4 M/s STP Limited b) Saurashtra Cement & Chemical Industries Ltd. 213 ITR 523/80 Taxman 61 (Guj] c) Addl. Comm -vs- farasol Ltd. 19871 163 ITR 364 [1985] 22 Taxman 418 [Raj] d) Exxon Mobil Lubricants (P) Ltd. [Delhi [2010] 328 ITR 17. Hon’ble High Court was of the view that liability of the assessee under the agreement had arisen and accrued in August, 2002, when the agreement was executed and, therefore, the liability of the assessee to pay for period January, 2002 to March 2002 arose and…

COMMISSIONER OF INCOME TAX vs. EXXON MOBIL LUBRICANTS PVT LTD

ITA - 288 / 2010HC Delhi08 Sept 2010
Section 260

…issions, she relied upon decisions in Nonsuch Tea Estate Ltd. v. Commissioner of Income Tax, Madras, 98 ITR 189 (SC); Surashtra Cement and Chemical Industries Ltd. v. CIT 213 ITR 523 (HC Gujarat) and; Additional Commissioner of Income Tax v. Farasol Ltd., 163 ITR 364) (HC Rajasthan). 9. We have considered the submissions made by both the counsel. The reliance placed by the Revenue’s counsel on Bharat Earthmovers V CIT (supra) is misconceived. In the said case, the assessee-company had two sets of employees. One set of employees was covered by the Employees State Insurance Scheme and was generally know…

COMMISSIONER OF INCOME TAX vs. EXXON MOBIL LUBRICANTS PVT. LTD

ITA/288/2010HC Delhi08 Sept 2010
Section 260

…issions, she relied upon decisions in Nonsuch Tea Estate Ltd. v. Commissioner of Income Tax, Madras, 98 ITR 189 (SC); Surashtra Cement and Chemical Industries Ltd. v. CIT 213 ITR 523 (HC Gujarat) and; Additional Commissioner of Income Tax v. Farasol Ltd., 163 ITR 364) (HC Rajasthan). 9. We have considered the submissions made by both the counsel. The reliance placed by the Revenue’s counsel on Bharat Earthmovers V CIT (supra) is misconceived. In the said case, the assessee-company had two sets of employees. One set of employees was covered by the Employees State Insurance Scheme and was generally know…

COMMISSIONER OF INCOME TAX V vs. M/S ORACLE SOFTWARE INDIA LTD.

The appeals are dismissed

ITA/641/2006HC Delhi09 May 2007

Bench: HON'BLE MR. JUSTICE VIKRAMAJIT SEN

Section 40Section 80I

…Page 5 of 9 7. Feeling aggrieved, the assessee filed an appeal before the Commissioner of Income Tax (Appeals) [CIT (A)] who relied upon a decision of the Rajasthan High Court in Additional Commissioner of Income-Tax v. Farasol Ltd., (1987) 163 ITR 364 for deciding in favour of the assessee. 8. We do not think the decision rendered by the Rajasthan High Court is quite apposite. However, in so far as we are concerned, the Tribunal noted that there is no dispute that the assessee deducted the tax during the relevant year. The Assessing Officer made the disallowance only on the ground tha…

98 ITR 189 (SC); Surashtra Cement and Chemical Industries Ltd. v. CIT (163 ITR 364) — Cited in 5 Judgments | BharatTax