Bengal Immunity Company Limited v. State of Bihar

Shri Mati Sonali Batra, Jalandhar vs. Deputy Commissioner of Income Tax Central Circle -II, Jalandhar

In the result, the particular issue u/s 153C of the Act related in ITA

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

…as a rule of law, the doctrine of precedents, was enacted to make the law declared by the Supreme Court itself. [136G; 138G; 137F] Re Dawson's Settlement Lloyds Bank Ltd. v. Dawson, [1966] 3 All ER 68 and Bengal Immunity Company Ltd. v. State of Bihar, [1955] 2 SCR 603, relied upon (10). The doctrine of ratio decidendi has also to be interpreted in the same line. To consider the ratio decidendi Court has to ascertain the principle on which the case was decided. The ratio decidendi of a decision may be narrowed or widened by the judges before whom it is cited as a precedent. [139G-H] State of Orissa v. Sudhansu Sh…

Shri Mati Sonali Batra, Jal;Andhar vs. Deputy Commissioner of Income Tax Central Circle-II, Jalandhar

In the result, the particular issue u/s 153C of the Act related in ITA

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

…as a rule of law, the doctrine of precedents, was enacted to make the law declared by the Supreme Court itself. [136G; 138G; 137F] Re Dawson's Settlement Lloyds Bank Ltd. v. Dawson, [1966] 3 All ER 68 and Bengal Immunity Company Ltd. v. State of Bihar, [1955] 2 SCR 603, relied upon (10). The doctrine of ratio decidendi has also to be interpreted in the same line. To consider the ratio decidendi Court has to ascertain the principle on which the case was decided. The ratio decidendi of a decision may be narrowed or widened by the judges before whom it is cited as a precedent. [139G-H] State of Orissa v. Sudhansu Sh…

M/S Swabhimani Souharda Credit Co Operative Ltd vs. Income Tax Officer (ITO) Ward-5(2)(3)

In the result, Writ appeals stand dismissed

Bench: S.SUJATHA,S RACHAIAH

…depreciation either with or without current year's depreciation is deemed -26- to be the current year's depreciation but it is well settled, as has been observed by this Court in Bengal Immunity Company Limited v The State of Bihar (1955) 2 SCR 603 at p. 606 that legal fictions are created only for some definite purpose and these must be limited to that purpose and should not be extended beyond that legitimate field. Clearly, the avowed purpose of the legal fiction created by the deeming provision contained in proviso (b) to Section 10(2)(vi) is to make the unabsorbed carried forward…

M/S Swabhimani Souharda Credit Co-Operative Ltd vs. Income Tax Officer (ITO) Ward-5(2)(3

In the result, Writ appeals stand dismissed

Bench: S.SUJATHA,S RACHAIAH

…depreciation either with or without current year's depreciation is deemed -26- to be the current year's depreciation but it is well settled, as has been observed by this Court in Bengal Immunity Company Limited v The State of Bihar (1955) 2 SCR 603 at p. 606 that legal fictions are created only for some definite purpose and these must be limited to that purpose and should not be extended beyond that legitimate field. Clearly, the avowed purpose of the legal fiction created by the deeming provision contained in proviso (b) to Section 10(2)(vi) is to make the unabsorbed carried forward…

M/S Sri Varun Souharda Credit Co Op Ltd vs. The Income Tax Officer

In the result, Writ appeals stand dismissed

Bench: S.SUJATHA,S RACHAIAH

…depreciation either with or without current year's depreciation is deemed -26- to be the current year's depreciation but it is well settled, as has been observed by this Court in Bengal Immunity Company Limited v The State of Bihar (1955) 2 SCR 603 at p. 606 that legal fictions are created only for some definite purpose and these must be limited to that purpose and should not be extended beyond that legitimate field. Clearly, the avowed purpose of the legal fiction created by the deeming provision contained in proviso (b) to Section 10(2)(vi) is to make the unabsorbed carried forward…

M/S Udaya Souharda Credit Co-Op Society Ltd vs. The Income Tax Officer

In the result, Writ appeals stand dismissed

Bench: S.SUJATHA,S RACHAIAH

…depreciation either with or without current year's depreciation is deemed -26- to be the current year's depreciation but it is well settled, as has been observed by this Court in Bengal Immunity Company Limited v The State of Bihar (1955) 2 SCR 603 at p. 606 that legal fictions are created only for some definite purpose and these must be limited to that purpose and should not be extended beyond that legitimate field. Clearly, the avowed purpose of the legal fiction created by the deeming provision contained in proviso (b) to Section 10(2)(vi) is to make the unabsorbed carried forward…

M/S Udaya Souharda Credit Co Op Society Ltd vs. The Income Tax Officer

In the result, Writ appeals stand dismissed

Bench: S.SUJATHA,S RACHAIAH

…depreciation either with or without current year's depreciation is deemed -26- to be the current year's depreciation but it is well settled, as has been observed by this Court in Bengal Immunity Company Limited v The State of Bihar (1955) 2 SCR 603 at p. 606 that legal fictions are created only for some definite purpose and these must be limited to that purpose and should not be extended beyond that legitimate field. Clearly, the avowed purpose of the legal fiction created by the deeming provision contained in proviso (b) to Section 10(2)(vi) is to make the unabsorbed carried forward…

The Principal Commissioner of Income Tax vs. The Ponkunnam Service Co-Operative Bank Ltd

Appeals are allowed and remanded back

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

…en the language of the Section is clear and unambiguous but, being part of the statute, it prima facie furnishes some clue as to the meaning and purpose of the Section (vide Bengal Immunity Company Limited v. State of Bihar (1955 KLT OnLine 1007 (SC) = (1955) 2 SCR 603)).” 28. Secondly, for purposes of eligibility for deduction, the assessee must be a “co-operative society”. A co-operative I.T.A. No.43 & 114/2019 -11- society is defined in S.2(19) of the IT Act, as being a co- operative society registered either under the Co-operative Societies Act, 1912 or under any other law…

The Mavilayi Service Cooperative Bank Ltd vs. Commissioner of Income Tax Calicut

Bench: Us, The Assessing Officer Denied Their Claims For Deduction, Relying Upon Section 80P(4) Of The It Act, Holding That As Per The Audited Receipt & 2

…of a section particularly when the language of the section is clear and unambiguous but, being part of the statute, it prima facie furnishes some clue as to the meaning and purpose of the section (vide Bengal Immunity Company Limited v. State of Bihar [(1955) 2 SCR 603]).” 28. Secondly, for purposes of eligibility for deduction, the assessee must be a “co-operative society”. A co-operative society is 50 defined in Section 2(19) of the IT Act, as being a co-operative society registered either under the Co-operative Societies Act, 1912 or under any other law for the time being in force in any State for the…

The ACIT, Guntur vs. Sai Bhaskar Irons Limited, Guntur

In the result, appeal of the revenue is dismissed

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अऩीऱ सं./I.T.A.No.108/Viz/2016 (ननधधारण वषा/Assessment Year:2012-13) Asst.Commissioner Of Income Tax Vs. M/S.Sai Bhaskar Circle-2(1), Guntur Irons Limited 3-1-3/A, 3Rd Lane Rajendra Nagar Guntur [Pan :Aamcs1675G] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) अऩीऱधथी की ओर से/ Appellant By : Shri Deba K.Sonowala, Dr प्रत्यथी की ओर से / Respondent By : Shri I Kama Sastry, Ar सुनवधई की तधरीख / Date Of Hearing : 09.02.2018 घोषणा की तारीख/Date Of Pronouncement : 21.02.2018

…ur under that fiction unabsorbed depredation either with or without current years depreciation is deemed to be the current years depreciation but it is well settled, as has been observed by this Court in Bengal Immunity Co. Ltd. vs. The State of Bihar (1955) 2 SCR 603 at 606 that legal fictions are created only for some definite purpose and these must be limited to that purpose and should not be extended beyond that legitimate field. Clearly, the avowed purpose of the legal fiction created by the deeming provision contained in proviso (b) to s. 10(2)(vi) is to make the unabsorbed carried forward depredation part…

The commissioner of Income Tax IV vs. M/s Lanco Kondapalli Power (P) Ltd

Commissioner Ofincome Tax Vizag vs. M/S Fish Products Ltd Kakinada

The appeal is allowed

…hereinbefore the doctrine of stare decisis persuades us not to deviate from the said principle. It is well-settled rule of law and should not ordinarily be deviated from. (See The Bengal Immunity Company Limited Vs. the State of Bihar and Others [1955] 2 SCR 603 at 630-632, Keshav Mills Co. Ltd. Vs. Commissioner of Income-Tax, Bombay North [1965] 2 SCR 908 at 921- 922, Union of India & Anr. Vs. Raghubir Singh (Dead) By LRs. etc. 6 [1989] 3 SCR 316 at 323, 327, 334, M/s. Gannon Dunkerley and Co. and Others Vs. State of Rajasthan and Others (1993) 1 SCC 364, Belgaum Gardeners Cooperative Production Supply…