Allied Motors v. CIT

Commissioner of Income Tax Delhi I vs. Anant Raj Industries P. Ltd

The appeals are dismissed

…after section 234B brought about by the Finance Act, 2006 with effect from 01.04.2007 is merely declaratory. He placed reliance on the said Circular No. 14/2006 dated 28.12.2006 and upon Allied Motors v. CIT: 224 ITR 677 (SC) and Suresh N. Gupta v. CIT: 297 ITR 322 (SC). Consequently, what was introduced by way of amendment was merely to clarify and declare in explicit terms what was always the position in law. 22. Lastly, it was submitted by Mr Aggarwal, in the context of applicability of section 154, that, in any event the issue was highly debatable. This was so because, according to him, the Tr…

Commissioner of Income Tax vs. C.J.International Hotels Ltd

The appeals are dismissed

…after section 234B brought about by the Finance Act, 2006 with effect from 01.04.2007 is merely declaratory. He placed reliance on the said Circular No. 14/2006 dated 28.12.2006 and upon Allied Motors v. CIT: 224 ITR 677 (SC) and Suresh N. Gupta v. CIT: 297 ITR 322 (SC). Consequently, what was introduced by way of amendment was merely to clarify and declare in explicit terms what was always the position in law. 22. Lastly, it was submitted by Mr Aggarwal, in the context of applicability of section 154, that, in any event the issue was highly debatable. This was so because, according to him, the Tr…

Commissioner of Income Tax Delhi II vs. Leroy Somer & Controls India P.Ltd

The appeals are dismissed

…after section 234B brought about by the Finance Act, 2006 with effect from 01.04.2007 is merely declaratory. He placed reliance on the said Circular No. 14/2006 dated 28.12.2006 and upon Allied Motors v. CIT: 224 ITR 677 (SC) and Suresh N. Gupta v. CIT: 297 ITR 322 (SC). Consequently, what was introduced by way of amendment was merely to clarify and declare in explicit terms what was always the position in law. 22. Lastly, it was submitted by Mr Aggarwal, in the context of applicability of section 154, that, in any event the issue was highly debatable. This was so because, according to him, the Tr…

CIT vs. Ocl India Ltd

The appeals are dismissed

…after section 234B brought about by the Finance Act, 2006 with effect from 01.04.2007 is merely declaratory. He placed reliance on the said Circular No. 14/2006 dated 28.12.2006 and upon Allied Motors v. CIT: 224 ITR 677 (SC) and Suresh N. Gupta v. CIT: 297 ITR 322 (SC). Consequently, what was introduced by way of amendment was merely to clarify and declare in explicit terms what was always the position in law. 22. Lastly, it was submitted by Mr Aggarwal, in the context of applicability of section 154, that, in any event the issue was highly debatable. This was so because, according to him, the Tr…

C.I.T vs. Indian Sugar Exim Corporation Ltd

The appeals are dismissed

…after section 234B brought about by the Finance Act, 2006 with effect from 01.04.2007 is merely declaratory. He placed reliance on the said Circular No. 14/2006 dated 28.12.2006 and upon Allied Motors v. CIT: 224 ITR 677 (SC) and Suresh N. Gupta v. CIT: 297 ITR 322 (SC). Consequently, what was introduced by way of amendment was merely to clarify and declare in explicit terms what was always the position in law. 22. Lastly, it was submitted by Mr Aggarwal, in the context of applicability of section 154, that, in any event the issue was highly debatable. This was so because, according to him, the Tr…

Commissioner of Income Tax vs. Cadence Design Systems I.P.Ltd

The appeals are dismissed

…after section 234B brought about by the Finance Act, 2006 with effect from 01.04.2007 is merely declaratory. He placed reliance on the said Circular No. 14/2006 dated 28.12.2006 and upon Allied Motors v. CIT: 224 ITR 677 (SC) and Suresh N. Gupta v. CIT: 297 ITR 322 (SC). Consequently, what was introduced by way of amendment was merely to clarify and declare in explicit terms what was always the position in law. 22. Lastly, it was submitted by Mr Aggarwal, in the context of applicability of section 154, that, in any event the issue was highly debatable. This was so because, according to him, the Tr…

CIT vs. Negolice India Pvt Ltd

The appeals are dismissed

…after section 234B brought about by the Finance Act, 2006 with effect from 01.04.2007 is merely declaratory. He placed reliance on the said Circular No. 14/2006 dated 28.12.2006 and upon Allied Motors v. CIT: 224 ITR 677 (SC) and Suresh N. Gupta v. CIT: 297 ITR 322 (SC). Consequently, what was introduced by way of amendment was merely to clarify and declare in explicit terms what was always the position in law. 22. Lastly, it was submitted by Mr Aggarwal, in the context of applicability of section 154, that, in any event the issue was highly debatable. This was so because, according to him, the Tr…

The Commissioner of Income Tax vs. Nokia India Ltd

The appeals are dismissed

…after section 234B brought about by the Finance Act, 2006 with effect from 01.04.2007 is merely declaratory. He placed reliance on the said Circular No. 14/2006 dated 28.12.2006 and upon Allied Motors v. CIT: 224 ITR 677 (SC) and Suresh N. Gupta v. CIT: 297 ITR 322 (SC). Consequently, what was introduced by way of amendment was merely to clarify and declare in explicit terms what was always the position in law. 22. Lastly, it was submitted by Mr Aggarwal, in the context of applicability of section 154, that, in any event the issue was highly debatable. This was so because, according to him, the Tr…

The Commissionr of Income Tax vs. Nis Sparta Ltd

The appeals are dismissed

…after section 234B brought about by the Finance Act, 2006 with effect from 01.04.2007 is merely declaratory. He placed reliance on the said Circular No. 14/2006 dated 28.12.2006 and upon Allied Motors v. CIT: 224 ITR 677 (SC) and Suresh N. Gupta v. CIT: 297 ITR 322 (SC). Consequently, what was introduced by way of amendment was merely to clarify and declare in explicit terms what was always the position in law. 22. Lastly, it was submitted by Mr Aggarwal, in the context of applicability of section 154, that, in any event the issue was highly debatable. This was so because, according to him, the Tr…

Commissioner of Income Tax Delhi I vs. Continental Packaging P.Ltd

The appeals are dismissed

…after section 234B brought about by the Finance Act, 2006 with effect from 01.04.2007 is merely declaratory. He placed reliance on the said Circular No. 14/2006 dated 28.12.2006 and upon Allied Motors v. CIT: 224 ITR 677 (SC) and Suresh N. Gupta v. CIT: 297 ITR 322 (SC). Consequently, what was introduced by way of amendment was merely to clarify and declare in explicit terms what was always the position in law. 22. Lastly, it was submitted by Mr Aggarwal, in the context of applicability of section 154, that, in any event the issue was highly debatable. This was so because, according to him, the Tr…

Commissioner of Income Tax vs. Nehru Place Hotels Ltd

The appeals are dismissed

…after section 234B brought about by the Finance Act, 2006 with effect from 01.04.2007 is merely declaratory. He placed reliance on the said Circular No. 14/2006 dated 28.12.2006 and upon Allied Motors v. CIT: 224 ITR 677 (SC) and Suresh N. Gupta v. CIT: 297 ITR 322 (SC). Consequently, what was introduced by way of amendment was merely to clarify and declare in explicit terms what was always the position in law. 22. Lastly, it was submitted by Mr Aggarwal, in the context of applicability of section 154, that, in any event the issue was highly debatable. This was so because, according to him, the Tr…

Commissioner of Income Tax Delhi I vs. Anant Raj Industries P. Ltd

The appeals are dismissed

…after section 234B brought about by the Finance Act, 2006 with effect from 01.04.2007 is merely declaratory. He placed reliance on the said Circular No. 14/2006 dated 28.12.2006 and upon Allied Motors v. CIT: 224 ITR 677 (SC) and Suresh N. Gupta v. CIT: 297 ITR 322 (SC). Consequently, what was introduced by way of amendment was merely to clarify and declare in explicit terms what was always the position in law. 22. Lastly, it was submitted by Mr Aggarwal, in the context of applicability of section 154, that, in any event the issue was highly debatable. This was so because, according to him, the Tr…

Commissioner of Income Tax vs. Bioseed Research (India) Pvt. Limited

The appeals are dismissed

…after section 234B brought about by the Finance Act, 2006 with effect from 01.04.2007 is merely declaratory. He placed reliance on the said Circular No. 14/2006 dated 28.12.2006 and upon Allied Motors v. CIT: 224 ITR 677 (SC) and Suresh N. Gupta v. CIT: 297 ITR 322 (SC). Consequently, what was introduced by way of amendment was merely to clarify and declare in explicit terms what was always the position in law. 22. Lastly, it was submitted by Mr Aggarwal, in the context of applicability of section 154, that, in any event the issue was highly debatable. This was so because, according to him, the Tr…

Commissioner of Income Tax vs. Brijbasi Art Press Limited

The appeals are dismissed

…after section 234B brought about by the Finance Act, 2006 with effect from 01.04.2007 is merely declaratory. He placed reliance on the said Circular No. 14/2006 dated 28.12.2006 and upon Allied Motors v. CIT: 224 ITR 677 (SC) and Suresh N. Gupta v. CIT: 297 ITR 322 (SC). Consequently, what was introduced by way of amendment was merely to clarify and declare in explicit terms what was always the position in law. 22. Lastly, it was submitted by Mr Aggarwal, in the context of applicability of section 154, that, in any event the issue was highly debatable. This was so because, according to him, the Tr…

Commissioner of Income Tax Delhi-1 vs. Allied Strips Ltd

The appeals are dismissed

…after section 234B brought about by the Finance Act, 2006 with effect from 01.04.2007 is merely declaratory. He placed reliance on the said Circular No. 14/2006 dated 28.12.2006 and upon Allied Motors v. CIT: 224 ITR 677 (SC) and Suresh N. Gupta v. CIT: 297 ITR 322 (SC). Consequently, what was introduced by way of amendment was merely to clarify and declare in explicit terms what was always the position in law. 22. Lastly, it was submitted by Mr Aggarwal, in the context of applicability of section 154, that, in any event the issue was highly debatable. This was so because, according to him, the Tr…

Commissioner of Income Tax Del vs. M/S Jindal Exports Ltd

The appeals are dismissed

…after section 234B brought about by the Finance Act, 2006 with effect from 01.04.2007 is merely declaratory. He placed reliance on the said Circular No. 14/2006 dated 28.12.2006 and upon Allied Motors v. CIT: 224 ITR 677 (SC) and Suresh N. Gupta v. CIT: 297 ITR 322 (SC). Consequently, what was introduced by way of amendment was merely to clarify and declare in explicit terms what was always the position in law. 22. Lastly, it was submitted by Mr Aggarwal, in the context of applicability of section 154, that, in any event the issue was highly debatable. This was so because, according to him, the Tr…

Commissioner of Income Tax Delhi vs. Ansal Properties & Ind. P.Ltd

The appeal is dismissed

Bench: 01.06.2006, The Effective Date Of Insertion Of The Proviso In Section 113 Of The Income Tax Act, 1961 ? 2008:Dhc:2126-Db

…ge. It is in this context that the two questions referred to above have been framed. 11. In so far as the question No.1 is concerned we find that the same is entirely covered by the decision of the Supreme Court in the case of CIT v. Suresh N. Gupta : 297 ITR 322, inasmuch as the Supreme Court has taken the view that the proviso to section 113 is clarificatory in nature and therefore surcharge on undisclosed income would be leviable. In Suresh N. Gupta (supra), the Supreme Court held:- “25. We find no merit in the above arguments. Both, the Finance Acts of 2000 and 2001, indicated that a subst…

Commissioner of Income Tax Delhi Central III vs. J.P.M.Farms P.Ltd

The appeal stands allowed

Bench: The Tribunal Was :- 2008:Dhc:2056-Db

…. Admit. 5. This issue does not require any further investigation on the part of this Court in view of the fact that the same stands 2008:DHC:2056-DB ITA No.7/2008 Page 3 of 3 decided by the Supreme Court in the case of CIT v. Suresh Gupta; 297 ITR 322 (SC). Consequently, this question is decided in favour of the revenue and against the assessee. The appeal stands allowed. BADAR DURREZ AHMED, J RAJIV SHAKDHER, J July 18, 2008 mb 2008:DHC:2056-DB…

Commissioner of Income vs. J.P.M Farms (Pvt.) Ltd

The appeal stands allowed

Bench: The Tribunal Was :- 2008:Dhc:2056-Db

…. Admit. 5. This issue does not require any further investigation on the part of this Court in view of the fact that the same stands 2008:DHC:2056-DB ITA No.7/2008 Page 3 of 3 decided by the Supreme Court in the case of CIT v. Suresh Gupta; 297 ITR 322 (SC). Consequently, this question is decided in favour of the revenue and against the assessee. The appeal stands allowed. BADAR DURREZ AHMED, J RAJIV SHAKDHER, J July 18, 2008 mb 2008:DHC:2056-DB…