Allied Motors (supra); CIT v. Podar Cement Pvt Ltd.

226 ITR 625Supreme Court of India1997#356 most cited

What is Allied Motors (supra); CIT v. Podar Cement Pvt Ltd. authority for?

Amendments to tax laws that are explanatory, declaratory, curative, or clarificatory in nature are judicially construed as retrospective, especially if they are intended to remedy unintended consequences.

244

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2005 to 2025.

Also referred to as

Allied Motors v CIT · CIT v Podar Cement · retrospective amendment · curative amendment · declaratory amendment · explanatory amendment · unintended consequences · tax law · assessment year

Sections most often in play

Section 143(3)Section 250Section 54Section 143(1)Section 40A(7)Section 139(1)Section 142(1)Section 144C(13)

Issues it is cited on

section 140a(1)section 215section 207section 2(43)section 262section 209section 2(1)section 208section 210section 115jaasection 140aminimum alternate tax

Judgments citing Allied Motors (supra); CIT v. Podar Cement Pvt Ltd.

Commissioner of Income Tax vs. India Pvt. Ltd

The appeal is dismissed

ITA/49/2005HC Delhi30 Apr 2007

…xt of Section 43-A of the Act. (e) The amendment to Section 43-A with effect from 1-4- 2003 is only clarificatory and has a retrospective effect. Reliance is placed on the decisions in CWT -vs- Swaran Kumar Swarup, 210 ITR 886 (SC), Poddar Cement -vs- CIT, 226 ITR 625 (SC), Lohia Machines -vs- CIT, 152 ITR 308, Motilal Pesticides -vs- CIT, 295 ITR 433. (f) In the context of increase in liability on account of increase in the rate of foreign exchange held in revenue account, it is submitted that unless the increase in the rate of exchange results in an outflow of money during the year in question, t…

M/S.Virtual Soft Systems Ltd vs. Commissioner of Income Tax, Delhi-I

C.A. No.-007115-007115 - 2005Supreme Court06 Feb 2007
For Respondent: Commissioner of Income Tax, Delhi-I
Section 260ASection 271(1)(c)Section 68

…o assistance to the Revenue as against large number of other decisions of different High Courts. It was contended that it has been laid down http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 6 of 17 by this Court in CIT v. Podar Cement Pvt. Ltd. & Ors., 226 ITR 625 at 648 that where various High Courts have taken different views on a particular point, then that view which is in favour of the assessee should be adopted. It was contended that income will not include loss as income means positive income on which tax is leviable which would not include loss income as no tax would be payable on a l…

M/S.Virtual Soft Systems Ltd vs. Commissioner of Income Tax, Delhi-I

C.A. No.-007115-007115 - 2005Supreme Court06 Feb 2007
For Respondent: Commissioner of Income Tax, Delhi-I
Section 260ASection 271(1)(c)Section 68

…o assistance to the Revenue as against large number of other decisions of different High Courts. It was contended that it has been laid down http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 6 of 17 by this Court in CIT v. Podar Cement Pvt. Ltd. & Ors., 226 ITR 625 at 648 that where various High Courts have taken different views on a particular point, then that view which is in favour of the assessee should be adopted. It was contended that income will not include loss as income means positive income on which tax is leviable which would not include loss income as no tax would be payable on a l…

The Commissioner of Income Tax vs. M/S Welcome Seeds Ltd

ITA/183/2001HC Delhi29 Jul 2005

…that the *a.:fr-"lty for concealment of income was clearly imposable in a situation where there is a declared loss and discovery of concealment results in a reduced assessed loss. He placed reliance on Commissioner Of Income Tax v. Podar Cement (Pl Ltd. Etc.: 226 ITR 625 (SC), Atlied Motors (Pr Ltd. Etc. v. commissioner of Income Tax: 224 ITR 677 (SC) and Brii Mohan Das Lsxman Das v. commissioner of Income-tsx: 223 ITR 525 (SC). On the other hand, the counsel for the respondents argued that the amendments would not apply. They submitted that these amendments, though styled as declaratory, were, in fact, substanti…