CIT v. B.N. Agarwala & Co.

259 ITR 754Supreme Court of India#11381 most cited
9

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2024.

Sections most often in play

Section 1961: 143(3)Section 1961: 144C(13)Section 1961: 2(24)Section 1961: 45(5)Section 1961: 5(2)Section 1961: 9Section 1961: 9(1)(v)(b)

Judgments citing CIT v. B.N. Agarwala & Co.

Universal Tractor Holding Llc, Usa vs. DCIT, International Taxation Circle 3(1)(1), New Delhi

In the result, the appeal of the assessee is dismissed

ITA 2216/DEL/2022[2019-20]Status: HeardITAT Delhi28 Aug 2024AY 2019-20

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Kumar

For Appellant: Sh. Durgesh Shankar, AdvFor Respondent: Ms. Banita Devi Neorem, CIT-DR
Section 143(3)Section 49

…s decision was followed by Hon'ble High Court in CIT vs. B.N. Aggarwala and Co,200 ITR 12 ITA nos.4168/Del/2000 & 3443/Del./2001 246,which has been subsequently reversed by Hon'ble Apex Court in aforesaid 14 Universal Tractor Holding LLC decision reported in 259 ITR 754(SC) wherein Hon'ble Apex Court followed their own decision in Govinda Choudhary & Sons vs. CIT, 203 ITR 881.Hon'ble Apex Court in this decision observed that "it is true that on the question whether the interest constitutes income or not, the said decision is based upon a concession but we are of the opinion that it was a concession rightly made…

M/S. Mehta Construction Company, New Delhi vs. DCIT, New Delhi

In the result, the appeals filed by the assessee i

ITA 6724/DEL/2016[2012-13]Status: DisposedITAT Delhi23 Oct 2018AY 2012-13

Bench: Shri N. K. Billaiya & Sh. Narendra Chodhary

For Appellant: Mrs. Ranojain, AdvocateFor Respondent: Ms. Ashima Neb, Sr. DR
Section 143

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: ‘B’, NEW DELHI) BEFORE SHRI N. K. BILLAIYA, ACCOUNTANT MEMBER AND SH. NARENDRA CHODHARY, JUDICIAL MEMBER ITA No:-6857/Del/2015 (Assessment Year: 2011-12) M/s Mehta Construction Company ACIT R-695, 2nd Floor, New Rajinder Vs. Circle – 62 (1) Nagar, New Delhi -110060 New Delhi PAN AAHFM3503D APPELLANT RESPONDENT ITA No:-6724/Del/2016 (Assessment Year: 2012-13) M/s Mehta Construction Company DCIT R-695, 2nd Floor, New Rajinder Vs. Circle – 63 (1) Nagar, New Delhi -110060 New Delhi PAN AAHFM3503D APPELLANT RESPONDENT Assessee by : Mrs. Ranojain, Advocate Sh. Pran…

M/S Mehta Construction Company, New Delhi vs. ACIT, New Delhi

In the result, the appeals filed by the assessee i

ITA 6857/DEL/2015[2011-12]Status: DisposedITAT Delhi23 Oct 2018AY 2011-12

Bench: Shri N. K. Billaiya & Sh. Narendra Chodhary

For Appellant: Mrs. Ranojain, AdvocateFor Respondent: Ms. Ashima Neb, Sr. DR
Section 143

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: ‘B’, NEW DELHI) BEFORE SHRI N. K. BILLAIYA, ACCOUNTANT MEMBER AND SH. NARENDRA CHODHARY, JUDICIAL MEMBER ITA No:-6857/Del/2015 (Assessment Year: 2011-12) M/s Mehta Construction Company ACIT R-695, 2nd Floor, New Rajinder Vs. Circle – 62 (1) Nagar, New Delhi -110060 New Delhi PAN AAHFM3503D APPELLANT RESPONDENT ITA No:-6724/Del/2016 (Assessment Year: 2012-13) M/s Mehta Construction Company DCIT R-695, 2nd Floor, New Rajinder Vs. Circle – 63 (1) Nagar, New Delhi -110060 New Delhi PAN AAHFM3503D APPELLANT RESPONDENT Assessee by : Mrs. Ranojain, Advocate Sh. Pran…

ITO, New Delhi vs. Sh. Rajiv Kholi, New Delhi

In the result, the appeal of the Revenue is partly allowed

ITA 4379/DEL/2012[2009-10]Status: DisposedITAT Delhi29 Jun 2018AY 2009-10

Bench: Sh. Amit Shukla & Sh. O.P. Kantassessment Year: 2009-10 Income Tax Officer, Vs. Sh. Rajiv Kholi, Ward-31(4), Room No. 185A, 89, Jor Bagh, New Delhi C.R. Building, I.P. Estate, New Delhi Pan :Aaepk2957L (Appellant) (Respondent) Appellant By Sh. Atiq Ahmed, Sr.Dr Respondent By Sh. Y.K. Kapoor, Adv. Date Of Hearing 21.05.2018/29.06.2018 Date Of Pronouncement 29.06.2018

Section 143(2)Section 3

…in from giving any considered opinion on the first question. Accordingly, the Ld. DR relied on the decision of the Hon’ble Supreme Court in the case of Govinda Chaudhary and Sons 203 ITR 881 (SC) which has been followed subsequently in CIT Vs. BN Agarwal & Co 259 ITR 754 (SC). 3.7 On the contrary, the Ld. Counsel of the assessee filed the paper book containing pages 1 to 60 and also filed a complete copy of award. The Ld. counsel submitted that the relevant contract did not envisage any payment of interest nor the interest was provided in the statute, the interest awarded by the 7 Arbitrator solely in his discret…

Principal Commissioner of Income-Tax-21 vs. M/S Mehta Construction Co

The appeals are partly allowed in the above terms

ITA/314/2016HC Delhi08 Feb 2018

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

Section 145

…ive and that the Assessing Officer had to record a higher level of satisfaction, if he were to reject the books of accounts and impose GPA. 8. In so concluding, the ITAT relied upon the judgment of Commissioner of Income Tax v. B.N. Aggarwal and Others 259 ITR 754 (SC). As a consequence, all the appeals of the Revenue were rejected and the appeals of the Assessee for the two Assessment Years were allowed. The Revenue relies upon the findings of the Assessing Officer and highlights that besides the absence of Stock Register, the respondent-Assessee did not produce any material evidence in the form of i…

M/S. Mehta Construction Co., New Delhi vs. JCIT, New Delhi

In the result the appeals filed by the assessee i

ITA 474/DEL/2015[2010-11]Status: DisposedITAT Delhi16 Oct 2015AY 2010-11

Bench: Shri Inturi Rama Rao & Shri Sudhanshu Srivastavaassessment Year: 2007-08 Mehta Construction Co., Vs. Income Tax Officer, R-695, 2Nd Floor, New Ward-38(2), New Delhi Rajinder Nagar, New Delhi (Pan: Aahfm3503D) (Appellant) (Respondent) & Assessment Year: 2010-11 Mehta Construction Co., Vs. Jcit, Circle-62(1), R-695, 2Nd Floor, New Civic Centre, New Delhi Rajinder Nagar, New Delhi (Pan: Aahfm3503D) (Appellant) (Respondent) & Ita Nos. 2561 & 4366/Del/2012 Assessment Years: 2008-09 & 2009-10 Acit, Circle-38(1), Vs. Mehta Construction Co., New Delhi R-695, Iind Floor, Rajinder Nagar, New Delhi (Pan: Aahfm3503D) Appellant) (Respondent) Assessee By : Sh. Narender Chillar, Adv. Department By : Sh. P. Dam Kanunjna, Sr. Dr Date Of Hearing: 06.10.2015 Date Of Pronouncement: 16.10.2015 Order Per Inturi Rama Rao, A.M.: These Are The Appeals Filed By The Assessee-Company As Well As By The Revenue. The Appeals In Ita Nos. 3967/Del/2010 For A.Y. 2007-08 & 474/Del/2015 For A.Y. 2010-11 Are Filed By The Assessee Company. The Appeals

For Appellant: Sh. Narender Chillar, AdvFor Respondent: Sh. P. Dam Kanunjna, Sr. DR
Section 145Section 145(3)

…f certain disputes between the parties. It cannot be separated from the other amounts granted to the assessee under the award and treated as 'income from other sources'………..” 10. Subsequently, the Hon’ble Apex Court in the case of CIT Vs. B.N. Agarwala & Co., 259 ITR 754, following the same ratio held as under: “ 4. It is now brought to our notice that the decision of the Orissa High Court in Govinda Choudhary & Sons’ case (supra) was brought to this Court in appeal and has since been disposed of, which is CIT v. Govinda Choudhary & Sons [1993] 203 ITR 881 . In the said decision, it is recorded that learned couns…

ACIT, New Delhi vs. M/S Mehta Construction Co., New Delhi

In the result the appeals filed by the assessee i

ITA 4366/DEL/2012[2009-10]Status: DisposedITAT Delhi16 Oct 2015AY 2009-10

Bench: Shri Inturi Rama Rao & Shri Sudhanshu Srivastavaassessment Year: 2007-08 Mehta Construction Co., Vs. Income Tax Officer, R-695, 2Nd Floor, New Ward-38(2), New Delhi Rajinder Nagar, New Delhi (Pan: Aahfm3503D) (Appellant) (Respondent) & Assessment Year: 2010-11 Mehta Construction Co., Vs. Jcit, Circle-62(1), R-695, 2Nd Floor, New Civic Centre, New Delhi Rajinder Nagar, New Delhi (Pan: Aahfm3503D) (Appellant) (Respondent) & Ita Nos. 2561 & 4366/Del/2012 Assessment Years: 2008-09 & 2009-10 Acit, Circle-38(1), Vs. Mehta Construction Co., New Delhi R-695, Iind Floor, Rajinder Nagar, New Delhi (Pan: Aahfm3503D) Appellant) (Respondent) Assessee By : Sh. Narender Chillar, Adv. Department By : Sh. P. Dam Kanunjna, Sr. Dr Date Of Hearing: 06.10.2015 Date Of Pronouncement: 16.10.2015 Order Per Inturi Rama Rao, A.M.: These Are The Appeals Filed By The Assessee-Company As Well As By The Revenue. The Appeals In Ita Nos. 3967/Del/2010 For A.Y. 2007-08 & 474/Del/2015 For A.Y. 2010-11 Are Filed By The Assessee Company. The Appeals

For Appellant: Sh. Narender Chillar, AdvFor Respondent: Sh. P. Dam Kanunjna, Sr. DR
Section 145Section 145(3)

…f certain disputes between the parties. It cannot be separated from the other amounts granted to the assessee under the award and treated as 'income from other sources'………..” 10. Subsequently, the Hon’ble Apex Court in the case of CIT Vs. B.N. Agarwala & Co., 259 ITR 754, following the same ratio held as under: “ 4. It is now brought to our notice that the decision of the Orissa High Court in Govinda Choudhary & Sons’ case (supra) was brought to this Court in appeal and has since been disposed of, which is CIT v. Govinda Choudhary & Sons [1993] 203 ITR 881 . In the said decision, it is recorded that learned couns…

ACIT, New Delhi vs. M/S. Mehta Construction Co., New Delhi

In the result the appeals filed by the assessee i

ITA 2561/DEL/2012[2008-09]Status: DisposedITAT Delhi16 Oct 2015AY 2008-09

Bench: Shri Inturi Rama Rao & Shri Sudhanshu Srivastavaassessment Year: 2007-08 Mehta Construction Co., Vs. Income Tax Officer, R-695, 2Nd Floor, New Ward-38(2), New Delhi Rajinder Nagar, New Delhi (Pan: Aahfm3503D) (Appellant) (Respondent) & Assessment Year: 2010-11 Mehta Construction Co., Vs. Jcit, Circle-62(1), R-695, 2Nd Floor, New Civic Centre, New Delhi Rajinder Nagar, New Delhi (Pan: Aahfm3503D) (Appellant) (Respondent) & Ita Nos. 2561 & 4366/Del/2012 Assessment Years: 2008-09 & 2009-10 Acit, Circle-38(1), Vs. Mehta Construction Co., New Delhi R-695, Iind Floor, Rajinder Nagar, New Delhi (Pan: Aahfm3503D) Appellant) (Respondent) Assessee By : Sh. Narender Chillar, Adv. Department By : Sh. P. Dam Kanunjna, Sr. Dr Date Of Hearing: 06.10.2015 Date Of Pronouncement: 16.10.2015 Order Per Inturi Rama Rao, A.M.: These Are The Appeals Filed By The Assessee-Company As Well As By The Revenue. The Appeals In Ita Nos. 3967/Del/2010 For A.Y. 2007-08 & 474/Del/2015 For A.Y. 2010-11 Are Filed By The Assessee Company. The Appeals

For Appellant: Sh. Narender Chillar, AdvFor Respondent: Sh. P. Dam Kanunjna, Sr. DR
Section 145Section 145(3)

…f certain disputes between the parties. It cannot be separated from the other amounts granted to the assessee under the award and treated as 'income from other sources'………..” 10. Subsequently, the Hon’ble Apex Court in the case of CIT Vs. B.N. Agarwala & Co., 259 ITR 754, following the same ratio held as under: “ 4. It is now brought to our notice that the decision of the Orissa High Court in Govinda Choudhary & Sons’ case (supra) was brought to this Court in appeal and has since been disposed of, which is CIT v. Govinda Choudhary & Sons [1993] 203 ITR 881 . In the said decision, it is recorded that learned couns…

M/S. Mehta Construction Co., New Delhi vs. ITO, New Delhi

In the result the appeals filed by the assessee i

ITA 3967/DEL/2010[2007-08]Status: DisposedITAT Delhi16 Oct 2015AY 2007-08

Bench: Shri Inturi Rama Rao & Shri Sudhanshu Srivastavaassessment Year: 2007-08 Mehta Construction Co., Vs. Income Tax Officer, R-695, 2Nd Floor, New Ward-38(2), New Delhi Rajinder Nagar, New Delhi (Pan: Aahfm3503D) (Appellant) (Respondent) & Assessment Year: 2010-11 Mehta Construction Co., Vs. Jcit, Circle-62(1), R-695, 2Nd Floor, New Civic Centre, New Delhi Rajinder Nagar, New Delhi (Pan: Aahfm3503D) (Appellant) (Respondent) & Ita Nos. 2561 & 4366/Del/2012 Assessment Years: 2008-09 & 2009-10 Acit, Circle-38(1), Vs. Mehta Construction Co., New Delhi R-695, Iind Floor, Rajinder Nagar, New Delhi (Pan: Aahfm3503D) Appellant) (Respondent) Assessee By : Sh. Narender Chillar, Adv. Department By : Sh. P. Dam Kanunjna, Sr. Dr Date Of Hearing: 06.10.2015 Date Of Pronouncement: 16.10.2015 Order Per Inturi Rama Rao, A.M.: These Are The Appeals Filed By The Assessee-Company As Well As By The Revenue. The Appeals In Ita Nos. 3967/Del/2010 For A.Y. 2007-08 & 474/Del/2015 For A.Y. 2010-11 Are Filed By The Assessee Company. The Appeals

For Appellant: Sh. Narender Chillar, AdvFor Respondent: Sh. P. Dam Kanunjna, Sr. DR
Section 145Section 145(3)

…f certain disputes between the parties. It cannot be separated from the other amounts granted to the assessee under the award and treated as 'income from other sources'………..” 10. Subsequently, the Hon’ble Apex Court in the case of CIT Vs. B.N. Agarwala & Co., 259 ITR 754, following the same ratio held as under: “ 4. It is now brought to our notice that the decision of the Orissa High Court in Govinda Choudhary & Sons’ case (supra) was brought to this Court in appeal and has since been disposed of, which is CIT v. Govinda Choudhary & Sons [1993] 203 ITR 881 . In the said decision, it is recorded that learned couns…

CIT v. B.N. Agarwala & Co. (259 ITR 754) — Cited in 9 Judgments | BharatTax