Additionally, in CIT v. A. Raman & Co.

67 ITR 11Supreme Court of India1968#241 most cited

What is Additionally, in CIT v. A. Raman & Co. authority for?

The mere lawful reorganization of a business transaction does not automatically imply an intent to evade tax, and genuine business adjustments should not be considered suppressive actions without clear evidence of such intent.

321

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2011 to 2026.

Also referred to as

CIT v. A. Raman & Co. · 67 ITR 11 · lawful reorganization of business · tax evasion · bona fide business practices · genuine business adjustments · intent to evade tax

Sections most often in play

Section 143(3)Section 148Section 40(a)(i)Section 147Section 35DSection 80HHCSection 28(iiid)Section 142(1)

Issues it is cited on

section 153b(i)(a)section 132(8)section 132(9a)section 153(1)(a)section 145avaluation of sharessection 65bsection 65section 153(1)icdsdumb documentssection 153b

Judgments citing Additionally, in CIT v. A. Raman & Co.

Ramesh Ramani, Chennai vs. ITO, Ncw-10(5), Chennai

In the result, appeal filed by the assessee is allowed

ITA 68/CHNY/2025[2017-18]Status: DisposedITAT Chennai25 Mar 2025AY 2017-18

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Jagadishआयकर अपील सं./Ita No.68/Chny/2025 िनधा+रण वष+ /Assessment Year: 2017-18

For Appellant: Shri P.S.Prabhakar, CAFor Respondent: Smt.Gouthami Manivasagam, JCIT
Section 143(3)Section 250Section 69

…nd it is the burden of the Department to prove the correctness of such additions. In the following cases, the Hon'ble Supreme Court had pronounced ratios to the same effect: (i) K.P. Varghese v, ITO [1981| 131 ITR 5971 (SC); (ii) CIT v. A. Roman & Co. [1968] 67 ITR 11 (SC); (iii) CIT v. Calcutta Discount Co. Ltd. [1973]91 ITR 8 (SC): (iv) Umacharan Shaw & Bros. v. CIT [1959| 37 ITR 271 (SC).99. Apart from these Supreme Court cases, we also wish to cite the following decisions from Hon'ble Appellate Tribunals. :- 4 -: Sindhu Trade Links Ltd. Vs Add. CIT (TAT Delhi) 1TA No. 2428/DEI/2014 - Date of Judgement/Order…

DCIT, Muzaffarnagar vs. Late Shri Haji Mohd. Dilshad Through L/H Shri Dilnawaz & Mrs. Mehrunissa, Muzaffarnagar

In the result the appeal of the assessee in ITA 3555/Del/2017 is partly allowed and appeal of the Revenue in ITA 3754/Del/2017 is also partly allowed

ITA 3754/DEL/2017[2013-14]Status: DisposedITAT Delhi27 Feb 2025AY 2013-14

Bench: Ms. Madhumita Roy & Shri Naveen Chandraassessment Year: 2013-14 Late Shri Haji Mohd. Dilshad, Vs Assistant Commissioner Of Through Legal Heir Shri Dilnawaz Income Tax, Circle-1, (Son) & Mrs. Mehrunissa (Spouse) Muzaffarnagar. 800/1, Yogendrapuri, Muzaffarnagar Pan- Ahrpd 5860 D Appellant Respondent & Assessment Year: 2013-14 Assistant Vs Late Shri Haji Mohd. Dilshad, Commissioner Of Through Legal Heir Shri Dilnawaz (Son) Income Tax, Circle-1 & Mrs. Mehrunissa (Spouse) Muzaffarnagar. 800/1, Yogendrapuri, Muzaffarnagar Pan- Ahrpd 5860 D Appellant Respondent

Section 143(3)Section 145Section 145(3)

…Dilshad V ACIT Muzaffarnagar ii. CIT Vs. Amitbhar Gunwantbhai, (1981) 129 ITR 573, 580 (Guj.)). iii. Dunichand Dhani Ram Vs. CIT, AIR 1926 Lah 161-2 ITC 183. Also see, George Oummen Vs. C. Ag. LT., (1963) 52 ITR 977 (Cal.)]." iv. CIT Vs A.Raman & Co., (1968) 67 ITR 11, 17(SC). v. Md. Umer Vs.CIT, (1975) 101 ITR 525(Pat.)]. vi. R.B. Jessaram Fatehchand (Sugar Deptt.) Vs. CIT, (1970) 75 ITR 33 (Bom.); vii. M. Durai Raj Vs. CIT, (1972) 83 ITR 484 (Ker); Md. Umer Vs.CIT, (1975) 101 ITR 525(Pat.)]. viii. CST Vs. Vishnuchandra Vipin Chandra, (1982) 50 STC 345 (All)) unless there be a statutory obligation in that rega…

Bajaj Holdings & Investment Ltd ( Formerly Bajaj Auto Ltd), Mumbai vs. ACIT Ltu, Mumbai

ITA 5299/MUM/2010[2006-07]Status: DisposedITAT Mumbai17 Feb 2025AY 2006-07
Section 143(3)

…107 that the principle laid down in IRC v. Duke of Westminster [1936) AC 1 was still valid. 4. It was further observed that the above principle had been approved in India in the Judgment of the hon'ble Supreme Court in CZT v, A. Roman and Co. [1968] 67 ITR 11 (Mad) and the observations of Chinnappa Reddy J. in McDowell could not be treated as the ratio of the Judgment in view of opinions of majority to the effect (head note of 154 TR 148): Tax planning may be legitimate provided it is within the framework of law. Colourable devices cannot be part of tax planning and it is wrong to encourage…

Bajaj Holdings & Investments Ltd ( Formerly Known As Bajaj Auto Ltd), Mumbai vs. Addl CIT RG 3(1), Mumbai

The appeals are partly allowed

ITA 6838/MUM/2008[2004-2005]Status: DisposedITAT Mumbai17 Feb 2025AY 2004-2005

Bench: SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

For Appellant: Ms. Vasanti PatelFor Respondent: Shri Ankush Kapoor
Section 143(3)

…2004 SC 107 that the principle laid down in IRC v. Duke of Westminster [1936) AC 1 was still valid. 4. It was further observed that the above principle had been approved in India in the Judgment of the hon'ble Supreme Court in CZT v, A. Roman and Co. [1968] 67 ITR 11 (Mad) and the observations of Chinnappa Reddy J. in McDowell could not be treated as the ratio of the Judgment in view of opinions of majority to the effect (head note of 154 TR 148): Tax planning may be legitimate provided it is within the framework of law. Colourable devices cannot be part of tax planning and it is wrong to encourage or entertai…

Brij Raj Singh Rathaur, New Delhi vs. JCIT, Range-41, New Delhi

In the result, appeal of the Revenue is dismissed

ITA 315/DEL/2019[2007-08]Status: DisposedITAT Delhi15 Jan 2025AY 2007-08

Bench: Shri Challa Nagendra Prasad & Shri Avdhesh Kumar Mishraआ.अ.सं/.I.T.A No.315/Del/2022 िनधा"रणवष"/Assessment Year:2016-17 बनाम Dcit, Sukhbir Singh Chabra Huf Circle 61(1), Vs. 6, Rani Jhansi Road, Delhi. Motia Khan, Delhi. Pan No.Aaahs5683P अपीलाथ" Appellant ""यथ"/Respondent

Section 133(6)Section 44ASection 92C

…from the perspective of tax planning. This is different from tax evasion. The law provides the tax payer to adopt such methods to reduce his tax burden. It is treated as legitimate and bona-fide. The Hon’ble Supreme Court in the case of A. Raman & Co. [1968] 67 ITR 11 (SC) has laid down that a tax-payer can reduce his liability, by so arranging his commercial affairs that charge of tax is distributed. From the facts of the case, the transaction including the arrangement of facts of the related party entity with the mother company points to a well designed method of tax-planning. The appellant is within his right…

Kodiyil Muhammed Madani Partner, Abc Sales Corporation, Taliparamba vs. ACIT, Central Circle-1, Kozhikode

In the result, appeal of the assessee is hereby dismissed

ITA 837/COCH/2024[2020-21]Status: DisposedITAT Cochin20 Dec 2024AY 2020-21

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

…v. Calcutta Discount Co. Ltd. reported in 91 ITR 8, where the Hon’ble Supreme Court held that routine business practices, if bona fide and in the ordinary course, should not automatically be interpreted as tax evasion. Additionally, in CIT v. A. Raman & Co. (67 ITR 11) (SC), the Supreme Court emphasized that the . ITA No.404 & others/Coch/2024 Page 20 of 165 mere reorganization of a business transaction in a lawful manner cannot be grounds for presuming concealment of income. These precedents underscore that genuine business adjustments, such as those made for damaged goods, should not be deemed suppressive act…

Kodiyil Muhammed Madani Partner, Abc Sales Corporation, Taliparamba vs. ACIT, Central Circle-1, Kozhikode

In the result, appeal of the assessee is hereby dismissed

ITA 836/COCH/2024[2019-20]Status: DisposedITAT Cochin20 Dec 2024AY 2019-20

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

…v. Calcutta Discount Co. Ltd. reported in 91 ITR 8, where the Hon’ble Supreme Court held that routine business practices, if bona fide and in the ordinary course, should not automatically be interpreted as tax evasion. Additionally, in CIT v. A. Raman & Co. (67 ITR 11) (SC), the Supreme Court emphasized that the . ITA No.404 & others/Coch/2024 Page 20 of 165 mere reorganization of a business transaction in a lawful manner cannot be grounds for presuming concealment of income. These precedents underscore that genuine business adjustments, such as those made for damaged goods, should not be deemed suppressive act…

Kodiyil Muhammed Madani Partner, Abc Sales Corporation, Taliparamba vs. ACIT, Central Circle-1, Kozhikode

In the result, appeal of the assessee is hereby dismissed

ITA 835/COCH/2024[2018-19]Status: DisposedITAT Cochin20 Dec 2024AY 2018-19

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

…v. Calcutta Discount Co. Ltd. reported in 91 ITR 8, where the Hon’ble Supreme Court held that routine business practices, if bona fide and in the ordinary course, should not automatically be interpreted as tax evasion. Additionally, in CIT v. A. Raman & Co. (67 ITR 11) (SC), the Supreme Court emphasized that the . ITA No.404 & others/Coch/2024 Page 20 of 165 mere reorganization of a business transaction in a lawful manner cannot be grounds for presuming concealment of income. These precedents underscore that genuine business adjustments, such as those made for damaged goods, should not be deemed suppressive act…

Abc Imports and Exports India (P) Ltd, Ernakulam vs. ACIT Central Circle, Kozhikode

In the result, appeal of the assessee is hereby dismissed

ITA 743/COCH/2024[2019-20]Status: DisposedITAT Cochin20 Dec 2024AY 2019-20

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

…v. Calcutta Discount Co. Ltd. reported in 91 ITR 8, where the Hon’ble Supreme Court held that routine business practices, if bona fide and in the ordinary course, should not automatically be interpreted as tax evasion. Additionally, in CIT v. A. Raman & Co. (67 ITR 11) (SC), the Supreme Court emphasized that the . ITA No.404 & others/Coch/2024 Page 20 of 165 mere reorganization of a business transaction in a lawful manner cannot be grounds for presuming concealment of income. These precedents underscore that genuine business adjustments, such as those made for damaged goods, should not be deemed suppressive act…

Abc Sales Corporation, Kasargod vs. ACIT Central Circle-1, Calicut

In the result, appeal of the assessee is hereby dismissed

ITA 536/COCH/2024[2020-21]Status: DisposedITAT Cochin20 Dec 2024AY 2020-21

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

…v. Calcutta Discount Co. Ltd. reported in 91 ITR 8, where the Hon’ble Supreme Court held that routine business practices, if bona fide and in the ordinary course, should not automatically be interpreted as tax evasion. Additionally, in CIT v. A. Raman & Co. (67 ITR 11) (SC), the Supreme Court emphasized that the . ITA No.404 & others/Coch/2024 Page 20 of 165 mere reorganization of a business transaction in a lawful manner cannot be grounds for presuming concealment of income. These precedents underscore that genuine business adjustments, such as those made for damaged goods, should not be deemed suppressive act…

Abc Sales Corporation, Taliparamba vs. ACIT Central Circle-1, Calicut

In the result, appeal of the assessee is hereby dismissed

ITA 535/COCH/2024[2020-21]Status: DisposedITAT Cochin20 Dec 2024AY 2020-21

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

…v. Calcutta Discount Co. Ltd. reported in 91 ITR 8, where the Hon’ble Supreme Court held that routine business practices, if bona fide and in the ordinary course, should not automatically be interpreted as tax evasion. Additionally, in CIT v. A. Raman & Co. (67 ITR 11) (SC), the Supreme Court emphasized that the . ITA No.404 & others/Coch/2024 Page 20 of 165 mere reorganization of a business transaction in a lawful manner cannot be grounds for presuming concealment of income. These precedents underscore that genuine business adjustments, such as those made for damaged goods, should not be deemed suppressive act…

Abc Sales Corpoation, Payyannur vs. ACIT Central Circle-1, Calicut

In the result, appeal of the assessee is hereby dismissed

ITA 534/COCH/2024[2020-21]Status: DisposedITAT Cochin20 Dec 2024AY 2020-21

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

…v. Calcutta Discount Co. Ltd. reported in 91 ITR 8, where the Hon’ble Supreme Court held that routine business practices, if bona fide and in the ordinary course, should not automatically be interpreted as tax evasion. Additionally, in CIT v. A. Raman & Co. (67 ITR 11) (SC), the Supreme Court emphasized that the . ITA No.404 & others/Coch/2024 Page 20 of 165 mere reorganization of a business transaction in a lawful manner cannot be grounds for presuming concealment of income. These precedents underscore that genuine business adjustments, such as those made for damaged goods, should not be deemed suppressive act…

Abc Buildwares India (P) Limited, Pariyaram vs. ACIT Central Circle-1, Calicut

In the result, appeal of the assessee is hereby dismissed

ITA 533/COCH/2024[2020-21]Status: DisposedITAT Cochin20 Dec 2024AY 2020-21

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

…v. Calcutta Discount Co. Ltd. reported in 91 ITR 8, where the Hon’ble Supreme Court held that routine business practices, if bona fide and in the ordinary course, should not automatically be interpreted as tax evasion. Additionally, in CIT v. A. Raman & Co. (67 ITR 11) (SC), the Supreme Court emphasized that the . ITA No.404 & others/Coch/2024 Page 20 of 165 mere reorganization of a business transaction in a lawful manner cannot be grounds for presuming concealment of income. These precedents underscore that genuine business adjustments, such as those made for damaged goods, should not be deemed suppressive act…

Abc Buildware India (P) Limited, Pariyaram vs. ACIT, Central Circle-1, Kozhikode

In the result, appeal of the assessee is hereby dismissed

ITA 532/COCH/2024[2016-17]Status: DisposedITAT Cochin20 Dec 2024AY 2016-17

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

…v. Calcutta Discount Co. Ltd. reported in 91 ITR 8, where the Hon’ble Supreme Court held that routine business practices, if bona fide and in the ordinary course, should not automatically be interpreted as tax evasion. Additionally, in CIT v. A. Raman & Co. (67 ITR 11) (SC), the Supreme Court emphasized that the . ITA No.404 & others/Coch/2024 Page 20 of 165 mere reorganization of a business transaction in a lawful manner cannot be grounds for presuming concealment of income. These precedents underscore that genuine business adjustments, such as those made for damaged goods, should not be deemed suppressive act…

Abc Buildware India (P) Limited, Pariyaram vs. ACIT Central Circle-1, Kozhikode

In the result, appeal of the assessee is hereby dismissed

ITA 531/COCH/2024[2015-16]Status: DisposedITAT Cochin20 Dec 2024AY 2015-16

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

…v. Calcutta Discount Co. Ltd. reported in 91 ITR 8, where the Hon’ble Supreme Court held that routine business practices, if bona fide and in the ordinary course, should not automatically be interpreted as tax evasion. Additionally, in CIT v. A. Raman & Co. (67 ITR 11) (SC), the Supreme Court emphasized that the . ITA No.404 & others/Coch/2024 Page 20 of 165 mere reorganization of a business transaction in a lawful manner cannot be grounds for presuming concealment of income. These precedents underscore that genuine business adjustments, such as those made for damaged goods, should not be deemed suppressive act…

Kodiyil Muhammed Madani(Partner) Abc Sales Corporation, Taliparamba vs. ACIT, Central Circle, Calicut

In the result, appeal of the assessee is hereby dismissed

ITA 530/COCH/2024[2020-21]Status: DisposedITAT Cochin20 Dec 2024AY 2020-21

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

…v. Calcutta Discount Co. Ltd. reported in 91 ITR 8, where the Hon’ble Supreme Court held that routine business practices, if bona fide and in the ordinary course, should not automatically be interpreted as tax evasion. Additionally, in CIT v. A. Raman & Co. (67 ITR 11) (SC), the Supreme Court emphasized that the . ITA No.404 & others/Coch/2024 Page 20 of 165 mere reorganization of a business transaction in a lawful manner cannot be grounds for presuming concealment of income. These precedents underscore that genuine business adjustments, such as those made for damaged goods, should not be deemed suppressive act…

Kodiyil Muhammed Madani(Partner Abc Sales Corporation)., Taliparamba vs. ACIT, Central Circle-1, Calicut

In the result, appeal of the assessee is hereby dismissed

ITA 529/COCH/2024[2019-20]Status: DisposedITAT Cochin20 Dec 2024AY 2019-20

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

…v. Calcutta Discount Co. Ltd. reported in 91 ITR 8, where the Hon’ble Supreme Court held that routine business practices, if bona fide and in the ordinary course, should not automatically be interpreted as tax evasion. Additionally, in CIT v. A. Raman & Co. (67 ITR 11) (SC), the Supreme Court emphasized that the . ITA No.404 & others/Coch/2024 Page 20 of 165 mere reorganization of a business transaction in a lawful manner cannot be grounds for presuming concealment of income. These precedents underscore that genuine business adjustments, such as those made for damaged goods, should not be deemed suppressive act…

Kodiyil Muhammed Madani, Partner (Abc Sales Corporation), Taliparamba vs. ACIT Central Circle-1, Calicut

In the result, appeal of the assessee is hereby dismissed

ITA 528/COCH/2024[2018-19]Status: DisposedITAT Cochin20 Dec 2024AY 2018-19

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

…v. Calcutta Discount Co. Ltd. reported in 91 ITR 8, where the Hon’ble Supreme Court held that routine business practices, if bona fide and in the ordinary course, should not automatically be interpreted as tax evasion. Additionally, in CIT v. A. Raman & Co. (67 ITR 11) (SC), the Supreme Court emphasized that the . ITA No.404 & others/Coch/2024 Page 20 of 165 mere reorganization of a business transaction in a lawful manner cannot be grounds for presuming concealment of income. These precedents underscore that genuine business adjustments, such as those made for damaged goods, should not be deemed suppressive act…

Kodiyil Muhammed Madani, Partner (Abc Sales Corporation), Taliparamba vs. ACIT Central Circle-1, Calicut

In the result, appeal of the assessee is hereby dismissed

ITA 524/COCH/2024[2017-18]Status: DisposedITAT Cochin20 Dec 2024AY 2017-18

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

…v. Calcutta Discount Co. Ltd. reported in 91 ITR 8, where the Hon’ble Supreme Court held that routine business practices, if bona fide and in the ordinary course, should not automatically be interpreted as tax evasion. Additionally, in CIT v. A. Raman & Co. (67 ITR 11) (SC), the Supreme Court emphasized that the . ITA No.404 & others/Coch/2024 Page 20 of 165 mere reorganization of a business transaction in a lawful manner cannot be grounds for presuming concealment of income. These precedents underscore that genuine business adjustments, such as those made for damaged goods, should not be deemed suppressive act…

Kodiyil Muhammed Madani, Partner(Abc Salaes Corporation), Taliparamba vs. ACIT, Central Circle-1, Kozhikode

In the result, appeal of the assessee is hereby dismissed

ITA 523/COCH/2024[2013-14]Status: DisposedITAT Cochin20 Dec 2024AY 2013-14

Bench: Shri Waseem Ahmed & Shri Soundararajan K

Section 250

…v. Calcutta Discount Co. Ltd. reported in 91 ITR 8, where the Hon’ble Supreme Court held that routine business practices, if bona fide and in the ordinary course, should not automatically be interpreted as tax evasion. Additionally, in CIT v. A. Raman & Co. (67 ITR 11) (SC), the Supreme Court emphasized that the . ITA No.404 & others/Coch/2024 Page 20 of 165 mere reorganization of a business transaction in a lawful manner cannot be grounds for presuming concealment of income. These precedents underscore that genuine business adjustments, such as those made for damaged goods, should not be deemed suppressive act…