ACIT v. Joe Marcelinho Mathias

143 ITD 132Income Tax Appellate Tribunal2013#16730 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 346,713 Indian tax judgments — from 2018 to 2025.

Judgments citing ACIT v. Joe Marcelinho Mathias

Aadarsh Surana, Chennai vs. Deputy Commissioner of Income Tax, Corporate Circle 1(1), Chennai

In the result, the appeal of the assessee is allowed

ITA 1840/CHNY/2025[2017-18]Status: DisposedITAT Chennai15 Dec 2025AY 2017-18
For Appellant: Shri. R.Venkata Raman, C.AFor Respondent: Shri. Shiva Srinivas, CIT
Section 142(1)Section 143(2)Section 143(3)Section 250Section 47Section 68

…Act are duly satisfied, the assessee is entitled to the exemption provided therein, and no addition can be made merely on account of revaluation of assets or valuation of shares. 128. The Panaji Bench of this Tribunal in ACIT v. Joe Marcelinho Mathias [2013] 143 ITD 132 (Panaji - Trib) has held as under: - "14. As per Section 47(xiv) it is apparent that where the sole proprietorship concern is succeeded by a company in the business carried on by it, as a result of which some proprietary concern seeks or otherwise transfers any capital asset or intangible asset to the company, the transactions are not treated as…

The DCIT, Circle-2(1)(1), Ahmedabad vs. Gujarat Apollo Industries Ltd., Ahmedabad

The appeal of the asssessee is partly allowed

ITA 154/AHD/2015[2011-12]Status: DisposedITAT Ahmedabad19 Sept 2018AY 2011-12
For Appellant: Shri M.K. Patel, A.RFor Respondent: Shri V.K. Singh, Sr. D.R
Section 143(2)Section 143(3)Section 195Section 40

…nus to prove that it has not incurred any expenditure is on the appellant as it is the claim made by it and the onus therefore, would be on the appellant. The reliance is placed on the recent decision of ITAT Panaji Bench in the case of Joe Marcelinho Mathias 143 ITD 132 and Hercules Hoist Ltd 35 taxman.com 592, Mumbai ITAT. The onus has not been satisfactorily discharged. Therefore, the appellant's contention regarding non-incurring of any interest expenditure is not accepted. In these circumstances it is hereby held that having regard to the accounts of the appellant, I am not satisfied with the correctness of…

The DCIT, Circle-2(1)(1), Ahmedabad vs. Gujarat Apollo Industries Ltd., Ahmedabad

The appeal of the asssessee is partly allowed

ITA 153/AHD/2015[2010-11]Status: DisposedITAT Ahmedabad19 Sept 2018AY 2010-11
For Appellant: Shri M.K. Patel, A.RFor Respondent: Shri V.K. Singh, Sr. D.R
Section 143(2)Section 143(3)Section 195Section 40

…nus to prove that it has not incurred any expenditure is on the appellant as it is the claim made by it and the onus therefore, would be on the appellant. The reliance is placed on the recent decision of ITAT Panaji Bench in the case of Joe Marcelinho Mathias 143 ITD 132 and Hercules Hoist Ltd 35 taxman.com 592, Mumbai ITAT. The onus has not been satisfactorily discharged. Therefore, the appellant's contention regarding non-incurring of any interest expenditure is not accepted. In these circumstances it is hereby held that having regard to the accounts of the appellant, I am not satisfied with the correctness of…

Gujarat Apollo Industries Limited, Ahmedabad vs. The Jt. CIT, Range-4, Ahmedabad

The appeal of the asssessee is partly allowed

ITA 110/AHD/2015[2011-12]Status: DisposedITAT Ahmedabad19 Sept 2018AY 2011-12
For Appellant: Shri M.K. Patel, A.RFor Respondent: Shri V.K. Singh, Sr. D.R
Section 143(2)Section 143(3)Section 195Section 40

…nus to prove that it has not incurred any expenditure is on the appellant as it is the claim made by it and the onus therefore, would be on the appellant. The reliance is placed on the recent decision of ITAT Panaji Bench in the case of Joe Marcelinho Mathias 143 ITD 132 and Hercules Hoist Ltd 35 taxman.com 592, Mumbai ITAT. The onus has not been satisfactorily discharged. Therefore, the appellant's contention regarding non-incurring of any interest expenditure is not accepted. In these circumstances it is hereby held that having regard to the accounts of the appellant, I am not satisfied with the correctness of…

Gujarat Apollo Industries Limited, Ahmedabad vs. The Jt. CIT, Range-4, Ahmedabad

The appeal of the asssessee is partly allowed

ITA 109/AHD/2015[2010-11]Status: DisposedITAT Ahmedabad19 Sept 2018AY 2010-11
For Appellant: Shri M.K. Patel, A.RFor Respondent: Shri V.K. Singh, Sr. D.R
Section 143(2)Section 143(3)Section 195Section 40

…nus to prove that it has not incurred any expenditure is on the appellant as it is the claim made by it and the onus therefore, would be on the appellant. The reliance is placed on the recent decision of ITAT Panaji Bench in the case of Joe Marcelinho Mathias 143 ITD 132 and Hercules Hoist Ltd 35 taxman.com 592, Mumbai ITAT. The onus has not been satisfactorily discharged. Therefore, the appellant's contention regarding non-incurring of any interest expenditure is not accepted. In these circumstances it is hereby held that having regard to the accounts of the appellant, I am not satisfied with the correctness of…

ACIT v. Joe Marcelinho Mathias (143 ITD 132) — Cited in 5 Judgments | BharatTax