BASF (India) Ltd. & Anr. v. W. Hasan, CIT & Ors.

280 ITR 136High Court2006#8961 most cited
12

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2022.

Judgments citing BASF (India) Ltd. & Anr. v. W. Hasan, CIT & Ors.

INCOME TAX OFFICER, JAIPUR vs. RVCF TRUST-II, JAIPUR, JAIPUR

In the result, the appeal of the Revenue is dismissed

ITA 198/JPR/2022[2011-12]Status: DisposedITAT Jaipur31 Oct 2022AY 2011-12

Bench: The Income Tax Appellate Tribunal, Jaipur Within 30 Days I.E. On Or Before 13.06.2022. In View Of The Above The Physical Appeal Was Filed On 19.05.2022 Well Before 12.06.2022 As Directed In The Said Mail.

For Appellant: Shri Anil Goyal (CA) &For Respondent: Shri Sanjay Dhariwal (CIT) a
Section 10Section 143(1)Section 143(2)Section 166Section 199Section 2(15)

…the relevant AY when the assessment was made by the AO on the present Assessee. Circulars not in force in the relevant Assessment year cannot be applied as held by the Hon’ble Bombay High Court in the case of BASF (India) Ltd. & Anr. vs. W. Hasan, CIT & Ors. 280 ITR 136 (Bom). The decision of the Hon’ble Supreme in the case of Ch. Atchaiah (supra) on which the AO placed reliance in making assessment on the Assessee in our view is not applicable to the facts of the present case. In the said decision the status of the Assessee as that of an AOP was not disputed but it was argued that the ITO had option to assess e…

COMMISSIONER OF INCOME vs. M/S TATRA VECTRA MOTORS LTD.,

ITA/191/2012HC Karnataka10 Jul 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 260Section 260ASection 92CSection 92C(2)

…enefit of +/-5% in terms of the erstwhile proviso to section 92C(2) of the Act. In coming to the aforesaid, we have been guided by the parity of reasoning laid down in the judgments of the Hon’ble Bombay High Court in the cases of BASF (India) Ltd. v CIT 280 ITR 136 (Bom); Shakti Raj Films Distributors v CIT 213 ITR 20 (Bom); and, Unit Trust of India & Anrs. v ITO 249 ITR 612 (Bom). The Hon’ble High Court has opined in the Date of Judgment 10-07-2018 I.T.A.No.191/2012 Commissioner of Income-tax-III & Anr. Vs. M/s. Tatra Vectra Motors Ltd., 8/11 case of BASF (India) Ltd. (supra) that t…

ITO 23(2)(3), MUMBAI vs. MILESTONE ARMY NAY TRUST, MUMBAI

In the result, the appeal by the revenue is dismissed

ITA 4958/MUM/2016[2012-13]Status: DisposedITAT Mumbai17 Apr 2018AY 2012-13

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Bleincome Tax Officer -23(2)(3) V. M/S. Milestone Army Navy Trust Room No. 110 602, Hallmark Business Plaza, 1St Matru Mandir, Tardeo, Sant Dyaneshwar Marg, Grant Road (W), Mumbai – 400 051 Mumbai – 400 007 Pan No: Aactm 0102 F

For Appellant: Shri Hitesh TrivediFor Respondent: Shri Ram Tiwari
Section 61

…the relevant AY when the assessment was made by the AO on the present Assessee. Circulars not in force in the relevant Assessment year cannot be applied as held by the Hon’ble Bombay High Court in the case of BASF (India) Ltd. & Anr. vs. W. Hasan, CIT & Ors. 280 ITR 136 (Bom). The decision of the Hon’ble Supreme in the case of Ch. Atchaiah (supra) on which the AO placed reliance in making assessment on the Assessee in our view is not applicable to the facts of the present case. In the said decision the status of the Assessee as that of an AOP was not disputed but it was argued that the ITO had option to assess e…

DCIT, BANGALORE vs. M/S NETSCOUT SYSTEMS SOFTWARE INDIA PVT. LTD.,, BANGALORE

In the result, the appeal filed by the revenue is partly allowed

ITA 1212/BANG/2011[2005-06]Status: DisposedITAT Bangalore28 Feb 2018AY 2005-06

Bench: Shri Sunil Kumar Yadav & Shri Inturi Rama Raoit(Tp)A No.1212/Bang/2011 (Assessment Year: 2005-06) Deputy Commissioner Of Income-Tax, Circle 12(2), Bengaluru. … Appellant Vs. M/S.Netscout Systems Software India Pvt. Ltd. (Earlier Known As ‘Network General Software India Pvt. Ltd.) ‘Embassy Icon’, Ground Floor, No.3, Infantry Road, Bengaluru-1. … Respondent Pan:Aaics 0944 E & Cross Objn.No.30/Bang/2012 (In It(Tp)A No.1212/Bang/2011) (Assessment Year: 2005-06) (By The Assessee) Revenue By : Smt. Padma Meenakshi, Jcit(Dr) Assessee By : Shri Chavali Narayan, Ca

For Appellant: Shri Chavali Narayan, CAFor Respondent: Smt. Padma Meenakshi, JCIT(DR)
Section 143(3)Section 92C

…the benefit of +/-5% in terms of the erstwhile proviso to section 92C(2) of the Act. In coming to the aforesaid, we have been guided by the parity of reasoning laid down in the judgments of the Hon'ble Bombay High Court in the cases of BASF (India) Ltd. v CIT 280 ITR 136 (Bom); Shakti Raj Films Distributors v CIT 213 ITR 20 (Bom); and, Unit Trust of India & Anrs. v ITO 249 ITR 612 (Bom). The Hon'ble High Court has opined in the case of BASF (India) Ltd. (supra) that the circulars which are in force during the relevant period are to be applied and the subsequent circulars either withdrawing or modifying the earlie…

ACIT, BANGALORE vs. M/S ICICI EMERGING SECTOR FUND,, BANGALORE

In the result, all the thirteen appeals of the revenue are dismissed

ITA 505/BANG/2013[2009-10]Status: DisposedITAT Bangalore27 Jul 2016AY 2009-10

Bench: Shri Sunil Kumar Yadav & Shri A.K.Garodia, Accounant Member

For Appellant: Shri S.E.Dastur, Senior AdvocateFor Respondent: Mrs. Neera Malhotra, CIT &
Section 199

…sment year when the assessment was made by the Assessing Officer on the present assessee. Circulars not in force in the relevant assessment year cannot be applied as held by the hon'ble Bombay High Court in the case of BASF (India) Ltd. v. W. Hasan,CIT [2006] 280 ITR 136 (Bom). The decision of the hon'ble Supreme in the case of Ch. Atchaiah [1996] 218 ITR 239 (SC) on which the Assessing Officer placed reliance in making assessment on the assessee in our view is not applicable to the facts of the present case. In the said decision the status of the assessee as that of an association of persons was not disputed but…

ITO 9(2)(2), MUMBAI vs. KALYPTO RISK TECHNOLOGIES P.LTD, NAVI MUMBAI

The appeals of the Revenue are dismissed and that of the assessee is allowed

ITA 1275/MUM/2012[2008-09]Status: DisposedITAT Mumbai18 May 2016AY 2008-09

Bench: Shri Joginder Singh & Shri Ramit Kochar

Section 143(3)Section 32

…000 (page 254 of the paper book). It was explained that the case of the assessee is prior to circular, thus, the circular has to be applied prospectively for which reliance was placed upon the jurisdictional High Court Basf(India) Ltd. & Ors. vs Commissioner (280 ITR 136) (Bom.) and also the decision of the Tribunal in Sanjiv Gupta vs Dy. CIT (ITA No.587 (LKW)/2010). The clarifications were called by the Bench with respect to front end commissions paid to the foreign agent. The ld. Counsel for the assessee made statement before the Bench that the pith and substance of the agreement is to appoint 3I infotech,Dubai…

ITO WD 19(3)(3), MUMBAI vs. MILESTONE ARMY NAVY TRUST, MUMBAI

In the result, the appeal by the revenue is dismissed

ITA 4067/MUM/2014[2009-10]Status: DisposedITAT Mumbai23 Dec 2015AY 2009-10

Bench: Shri R.C.Sharma, Am & Shri Ram Lal Negi, Jm आमकय अऩीर सं./Ita Nos.4067/Mum/2014) (नििाारण वषा / Assessment Year :2009-2010) Ito Ward-19(3)(3), Mumbai Vs. M/S Milestone Army Navy Trust, 602, Hallmark Business Plaza, Sant Nyaneshwar Marg, Opp. Gurunanak Hospital, Bandra East Mumbai-51 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aactm 0102 F (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. याजस्व की ओर से /Revenue By : Chandra Vijay ननधाारयती की ओर से /Assessee By : Shri Madhur Agarwal सुनवाई की तायीख / Date Of Hearing : 17/12/2015 घोषणा की तायीख/Date Of Pronouncement 23/12/2015 आदेश / O R D E R Per R.C.Sharma (A.M): This Is An Appeal Filed By The Revenue Against The Order Of Cit(A), Mumbai, Dated 28-3-2014, For The Assessment Year 2009-10, Wherein The Following Grounds Have Been Taken By The Revenue :- (1) On The Facts & In The Circumstances Of The Case & In Law, The Learned Cit(A) Erred In Holding That The Income Of The Assessee Is Taxable In The Hands Of Contributors & Not In The Hands Of The Aop. (2) On The Facts & In The Circumstances Of The Case & In Law, The Learned Cit(A) Erred In Holding That Activities Of The Assessee Are Not Commercial In Nature Even Though The Assessee Has Not Carried Out Any Activity In The Spirit Of Trust. (3) The Appellant Prays That The Order Of Cit(A) On The Above Ground Be Set Aside & That Of The Ao Be Restored.‖

For Appellant: Shri Madhur AgarwalFor Respondent: Chandra Vijay
Section 10(35)Section 234BSection 61

…the relevant AY when the assessment was made by the AO on the present Assessee. Circulars not in force in the relevant Assessment year cannot be applied as held by the Hon‘ble Bombay High Court in the case of BASF (India) Ltd. & Anr. vs. W. Hasan, CIT & Ors. 280 ITR 136 (Bom). The decision of the Hon‘ble Supreme in the case of Ch. Atchaiah (supra) on which the AO placed reliance in making assessment on the Assessee in our view is not applicable to the facts of the present case. In the said decision the status of the Assessee as that of an AOP was not disputed but it was argued that the ITO had option to assess e…

ACIT vs. ICICI EMERGING SECTOR FUND,

In the result, all the appeals by the revenue are dismissed

ITA 475/BANG/2013[2009-10]Status: DisposedITAT Bangalore13 Feb 2015AY 2009-10

Bench: Shri N.V. Vasudevan & Shri Abraham P. Georgeassessment Year : 2008-09

For Respondent: Shri Farahat Hussain Qureshi, CIT-II(DR)
Section 61Section 63

…the relevant AY when the assessment was made by the AO on the present Assessee. Circulars not in force in the relevant Assessment year cannot be applied as held by the Hon’ble Bombay High Court in the case of BASF (India) Ltd. & Anr. vs. W. Hasan, CIT & Ors. 280 ITR 136 (Bom). The decision of the Hon’ble Supreme in the case of Ch. Atchaiah (supra) on which the AO placed reliance in making assessment on the Assessee in our view is not applicable to the facts of the present case. In the said decision the status of the Assessee as that of an AOP was not disputed but it was argued that the ITO had option to assess e…

ITO, BANGALORE vs. M/S INDIA ADVANTAGE FUND I, BANGALORE

In the result, all the appeals by the revenue are dismissed

ITA 179/BANG/2012[2008-09]Status: DisposedITAT Bangalore13 Feb 2015AY 2008-09

Bench: Shri N.V. Vasudevan & Shri Abraham P. Georgeassessment Year : 2008-09

For Respondent: Shri Farahat Hussain Qureshi, CIT-II(DR)
Section 61Section 63

…the relevant AY when the assessment was made by the AO on the present Assessee. Circulars not in force in the relevant Assessment year cannot be applied as held by the Hon’ble Bombay High Court in the case of BASF (India) Ltd. & Anr. vs. W. Hasan, CIT & Ors. 280 ITR 136 (Bom). The decision of the Hon’ble Supreme in the case of Ch. Atchaiah (supra) on which the AO placed reliance in making assessment on the Assessee in our view is not applicable to the facts of the present case. In the said decision the status of the Assessee as that of an AOP was not disputed but it was argued that the ITO had option to assess e…

DCIT, BANGALORE vs. M/S ICICI EMERGING SECTOR FUND, BANGALORE

In the result, all the appeals by the revenue are dismissed

ITA 177/BANG/2012[2008-09]Status: DisposedITAT Bangalore13 Feb 2015AY 2008-09

Bench: Shri N.V. Vasudevan & Shri Abraham P. Georgeassessment Year : 2008-09

For Respondent: Shri Farahat Hussain Qureshi, CIT-II(DR)
Section 61Section 63

…the relevant AY when the assessment was made by the AO on the present Assessee. Circulars not in force in the relevant Assessment year cannot be applied as held by the Hon’ble Bombay High Court in the case of BASF (India) Ltd. & Anr. vs. W. Hasan, CIT & Ors. 280 ITR 136 (Bom). The decision of the Hon’ble Supreme in the case of Ch. Atchaiah (supra) on which the AO placed reliance in making assessment on the Assessee in our view is not applicable to the facts of the present case. In the said decision the status of the Assessee as that of an AOP was not disputed but it was argued that the ITO had option to assess e…

DCIT, BANGALORE vs. M/S ICICI EMERGING SECTORS FUND, BANGALORE

In the result, all the appeals by the revenue are dismissed

ITA 348/BANG/2011[2008-09]Status: DisposedITAT Bangalore13 Feb 2015AY 2008-09

Bench: Shri N.V. Vasudevan & Shri Abraham P. Georgeassessment Year : 2008-09

For Respondent: Shri Farahat Hussain Qureshi, CIT-II(DR)
Section 61Section 63

…the relevant AY when the assessment was made by the AO on the present Assessee. Circulars not in force in the relevant Assessment year cannot be applied as held by the Hon’ble Bombay High Court in the case of BASF (India) Ltd. & Anr. vs. W. Hasan, CIT & Ors. 280 ITR 136 (Bom). The decision of the Hon’ble Supreme in the case of Ch. Atchaiah (supra) on which the AO placed reliance in making assessment on the Assessee in our view is not applicable to the facts of the present case. In the said decision the status of the Assessee as that of an AOP was not disputed but it was argued that the ITO had option to assess e…

DCIT, BANGALORE vs. M/S ICICI EMERGING SECTORS FUND, BANGALORE

In the result, all the appeals by the revenue are dismissed

ITA 347/BANG/2011[200809]Status: DisposedITAT Bangalore13 Feb 2015

Bench: Shri N.V. Vasudevan & Shri Abraham P. Georgeassessment Year : 2008-09

For Respondent: Shri Farahat Hussain Qureshi, CIT-II(DR)
Section 61Section 63

…the relevant AY when the assessment was made by the AO on the present Assessee. Circulars not in force in the relevant Assessment year cannot be applied as held by the Hon’ble Bombay High Court in the case of BASF (India) Ltd. & Anr. vs. W. Hasan, CIT & Ors. 280 ITR 136 (Bom). The decision of the Hon’ble Supreme in the case of Ch. Atchaiah (supra) on which the AO placed reliance in making assessment on the Assessee in our view is not applicable to the facts of the present case. In the said decision the status of the Assessee as that of an AOP was not disputed but it was argued that the ITO had option to assess e…

BASF (India) Ltd. & Anr. v. W. Hasan, CIT & Ors. (280 ITR 136) — Cited in 12 Judgments | BharatTax