CIT v. Bhagat Constructions

Commissioner of Income Tax Delhi-XI vs. Indian National Congress/All India Congress Committee

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…the Patna High Court in Ranchi Club v. CIT (1996) 217 ITR 72 (Pat) against which an SLP was dismissed by a one line order in CIT v Ranchi Club, [2001] 247 ITR 209. However, recently in Commissioner of Income Tax v. Bhagat Construction Co. Pvt. Ltd. [2015] 279 CTR 185 (SC), the decision in Ranchi Club Ltd. v. Commissioner of Income Tax (supra) has been overruled. The consequent legal position is that notwithstanding that the AO may not have separately dealt with the issue of interest in the assessment order, interest can nevertheless be charged on the tax amount due under Section 234A and 234B of the Act.…

Indian National Cong. (I) Aicc vs. C.I.T.- XI

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…the Patna High Court in Ranchi Club v. CIT (1996) 217 ITR 72 (Pat) against which an SLP was dismissed by a one line order in CIT v Ranchi Club, [2001] 247 ITR 209. However, recently in Commissioner of Income Tax v. Bhagat Construction Co. Pvt. Ltd. [2015] 279 CTR 185 (SC), the decision in Ranchi Club Ltd. v. Commissioner of Income Tax (supra) has been overruled. The consequent legal position is that notwithstanding that the AO may not have separately dealt with the issue of interest in the assessment order, interest can nevertheless be charged on the tax amount due under Section 234A and 234B of the Act.…

Indian National Cong. (I) Aicc vs. C.I.T.- XI

…the Patna High Court in Ranchi Club v. CIT (1996) 217 ITR 72 (Pat) against which an SLP was dismissed by a one line order in CIT v Ranchi Club, [2001] 247 ITR 209. However, recently in Commissioner of Income Tax v. Bhagat Construction Co. Pvt. Ltd. [2015] 279 CTR 185 (SC), the decision in Ranchi Club Ltd. v. Commissioner of Income Tax (supra) has been overruled. The consequent legal position is that notwithstanding that the AO may not have separately dealt with the issue of interest in the assessment order, interest can nevertheless be charged on the tax amount due under Section 234A and 234B of the Act.…

Commissioner of Income Tax- Delhi vs. M/S Pasupati Nath Commr. P. Ltd

The appeals are allowed with costs of Rs

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…34B would not be charged since a specific notice in that behalf was not issued by the AO, was based on the decision in Ranchi Club v. CIT (1996) 222 ITR 66 (Patna). That view has since been overruled by the decisions in CIT v. Bhagat Constructions [2012] 279 CTR 185 (SC) and CIT v Anjum [2001] 252 ITR 1 (SC). The decision of the ITAT in this regard is therefore ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 48 of 51 overruled. Summary of conclusions 91. To summarize the conclusions of the Court: (i) The Assessees, incorporated under the company law of Sikkim, are resident Indian compa…

Commissioner of Income Tax Del vs. M/S Swastik Commercial P. Ltd

The appeals are allowed with costs of Rs

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…34B would not be charged since a specific notice in that behalf was not issued by the AO, was based on the decision in Ranchi Club v. CIT (1996) 222 ITR 66 (Patna). That view has since been overruled by the decisions in CIT v. Bhagat Constructions [2012] 279 CTR 185 (SC) and CIT v Anjum [2001] 252 ITR 1 (SC). The decision of the ITAT in this regard is therefore ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 48 of 51 overruled. Summary of conclusions 91. To summarize the conclusions of the Court: (i) The Assessees, incorporated under the company law of Sikkim, are resident Indian compa…

Commissioner of Income Tax Del vs. M/S Trishul Commercial P. Ltd

The appeals are allowed with costs of Rs

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…34B would not be charged since a specific notice in that behalf was not issued by the AO, was based on the decision in Ranchi Club v. CIT (1996) 222 ITR 66 (Patna). That view has since been overruled by the decisions in CIT v. Bhagat Constructions [2012] 279 CTR 185 (SC) and CIT v Anjum [2001] 252 ITR 1 (SC). The decision of the ITAT in this regard is therefore ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 48 of 51 overruled. Summary of conclusions 91. To summarize the conclusions of the Court: (i) The Assessees, incorporated under the company law of Sikkim, are resident Indian compa…

Commissioner of Income Tax- Delhi vs. M/S Mansarover Commercial P. Ltd

The appeals are allowed with costs of Rs

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…34B would not be charged since a specific notice in that behalf was not issued by the AO, was based on the decision in Ranchi Club v. CIT (1996) 222 ITR 66 (Patna). That view has since been overruled by the decisions in CIT v. Bhagat Constructions [2012] 279 CTR 185 (SC) and CIT v Anjum [2001] 252 ITR 1 (SC). The decision of the ITAT in this regard is therefore ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 48 of 51 overruled. Summary of conclusions 91. To summarize the conclusions of the Court: (i) The Assessees, incorporated under the company law of Sikkim, are resident Indian compa…

Commissioner of Income Tax Del vs. M/S Soverign Commercial P. Ltd

The appeals are allowed with costs of Rs

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…34B would not be charged since a specific notice in that behalf was not issued by the AO, was based on the decision in Ranchi Club v. CIT (1996) 222 ITR 66 (Patna). That view has since been overruled by the decisions in CIT v. Bhagat Constructions [2012] 279 CTR 185 (SC) and CIT v Anjum [2001] 252 ITR 1 (SC). The decision of the ITAT in this regard is therefore ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 48 of 51 overruled. Summary of conclusions 91. To summarize the conclusions of the Court: (i) The Assessees, incorporated under the company law of Sikkim, are resident Indian compa…

Commissioner of Income Tax Del vs. M/S Soverign Commercial P. Ltd

The appeals are allowed with costs of Rs

…34B would not be charged since a specific notice in that behalf was not issued by the AO, was based on the decision in Ranchi Club v. CIT (1996) 222 ITR 66 (Patna). That view has since been overruled by the decisions in CIT v. Bhagat Constructions [2012] 279 CTR 185 (SC) and CIT v Anjum [2001] 252 ITR 1 (SC). The decision of the ITAT in this regard is therefore 2016:DHC:1449-DB ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 48 of 51 overruled. Summary of conclusions 91. To summarize the conclusions of the Court: (i) The Assessees, incorporated under the company law of Sikkim, are resi…

Commissioner of Income Tax Del vs. M/S Swastik Commercial P. Ltd

The appeals are allowed with costs of Rs

…34B would not be charged since a specific notice in that behalf was not issued by the AO, was based on the decision in Ranchi Club v. CIT (1996) 222 ITR 66 (Patna). That view has since been overruled by the decisions in CIT v. Bhagat Constructions [2012] 279 CTR 185 (SC) and CIT v Anjum [2001] 252 ITR 1 (SC). The decision of the ITAT in this regard is therefore 2016:DHC:1449-DB ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 48 of 51 overruled. Summary of conclusions 91. To summarize the conclusions of the Court: (i) The Assessees, incorporated under the company law of Sikkim, are resi…

Commissioner of Income Tax Del vs. M/S Trishul Commercial P. Ltd

The appeals are allowed with costs of Rs

…34B would not be charged since a specific notice in that behalf was not issued by the AO, was based on the decision in Ranchi Club v. CIT (1996) 222 ITR 66 (Patna). That view has since been overruled by the decisions in CIT v. Bhagat Constructions [2012] 279 CTR 185 (SC) and CIT v Anjum [2001] 252 ITR 1 (SC). The decision of the ITAT in this regard is therefore 2016:DHC:1449-DB ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 48 of 51 overruled. Summary of conclusions 91. To summarize the conclusions of the Court: (i) The Assessees, incorporated under the company law of Sikkim, are resi…

Commissioner of Income Tax- Delhi vs. M/S Pasupati Nath Commr. P. Ltd

The appeals are allowed with costs of Rs

…34B would not be charged since a specific notice in that behalf was not issued by the AO, was based on the decision in Ranchi Club v. CIT (1996) 222 ITR 66 (Patna). That view has since been overruled by the decisions in CIT v. Bhagat Constructions [2012] 279 CTR 185 (SC) and CIT v Anjum [2001] 252 ITR 1 (SC). The decision of the ITAT in this regard is therefore 2016:DHC:1449-DB ITA Nos.162, 164, 165, 167 & 168 of 2002 Page 48 of 51 overruled. Summary of conclusions 91. To summarize the conclusions of the Court: (i) The Assessees, incorporated under the company law of Sikkim, are resi…