CIT v. Cement Distributors

208 ITR 355High Court#19838 most cited
4

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2011 to 2018.

Judgments citing CIT v. Cement Distributors

DCIT, New Delhi vs. M/S. Sms Paryavaran (P) Ltd., Delhi

Appeal of the Revenue is allowed

ITA 205/DEL/2013[2009-10]Status: DisposedITAT Delhi05 Jun 2018AY 2009-10

Bench: Shri N. K. Saini & Ms Suchitra Kambledcit Vs Sms Paryavaran (P) Ltd. Circle-9(1), Room No. 163, Sh-2, Vardhaman Grand C. R. Building Plaza, Plot No-7, Mangalam New Delhi Place, Sector-3, Rohini Delhi Aaacs2177F (Appellant) (Respondent)

Section 143(1)Section 143(2)Section 80Section 80I

…bay Electric Supply Industrial Co. Ltd. vs. CIT 1978 SCC (2) 644 2. Sterling Foods vs. CIT 150 ITR 292 (Kar) 3. CIT vs. Jameel Leathers & Ors. 246 ITR 97 (Mad) 4. M/s Ashok Leyland vs. CIT (SC) decision dated 19.12.1996 4 5. CIT vs. Cement Distributors Ltd. 208 ITR 355 (Del.) 6. CIT vs. Pandian Chemicals Ltd. 233 ITR 497 (Mad) 8. The Ld. AR made an alternative plea that Section 37 of the Income Tax Act lays down that expenses incurred and income should be set off against that particular income. The Ld. AR further submitted that in the present case, the assessee company had only a negative bank balance/bank ove…

Opera Clothing P. Ltd, Mumbai vs. ITO 18(1)(3), Mumbai

The appeal of the assessee is partly allowed for

ITA 8083/MUM/2010[2007-08]Status: DisposedITAT Mumbai12 May 2016AY 2007-08

Bench: Shri Joginder Singh & Shri Ramit Kocharassessment Year: 2007-08 M/S Opera Clothing Vs Ito-18(1)(3), Private Limited, Mumbai 2 & 4, Shah & Nahar Industrial Estate, S.J. Marg, Lower Parel, Mumbai-400013 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aaafo4522H

Section 80I

…ction u/s 80IB of the Act, the assessee has to establish certain facts. The income must be 6 M/s Opera Clothing Private Limited. directly generated from the business. In CIT vs Kochin Refineries Ltd. 135 ITR 278 (Kerala) and CIT vs Cement Distributors Ltd. 208 ITR 355 (Del.), it was held that income must be directly generated from business. The ratio laid down in CIT vs Kothari Products Ltd. 295 ITR 223 (All.) supports the case of the Revenue. For taking the benefit of deduction u/s 80IB, we are of the view that the source of import entitlements cannot be said to be the industrial undertaking of the assess…

Kohinoor Foods Ltd. Formerly Satnam Overseasltd vs. Commissioner of Income Tax

ITA - 686 / 2009HC Delhi18 Nov 2011
Section 143Section 147Section 148Section 260Section 80Section 80HSection 80I

…9,748/-. income Deduction under Section 80-IA has been claimed on this miscellaneous income also, which cannot be said to have been derived from the industrial undertaking, in view of the Delhi High Court's decision in the case of CIT Vs. Cement Distributors, 208 ITR 355. I have reasons to believe that income has escaped assessment in as much as excessive deduction u/s 80IA has been claimed by the Issue notice u/s 148 of I.T. Act, assessee. 1961." 3. In response to the notice u/s 148 of the Act the appellant company filed the return of income though under protest on 26<sup>th</sup> July, 1999 declaring nil incom…

Kohinoor Foods Ltd. Formerly Satnam Overseas Ltd vs. Commissioner of Income Tax

ITA - 685 / 2009HC Delhi18 Nov 2011
Section 143Section 143(1)(a)Section 147Section 148Section 260Section 80Section 80HSection 80I

…9,748/-. Deduction under Section 80-IA has been claimed on this miscellaneous income also, which cannot be said to have been derived from the industrial undertaking, in view of the Delhi High Court‟s decision in the case of CIT Vs. Cement Distributors, 208 ITR 355. I have reasons to believe that income has escaped assessment in as much as excessive deduction u/s 80IA has been claimed by the assessee. Issue notice u/s 148 of I.T. Act, 1961.” 3. In response to the notice u/s 148 of the Act the appellant company filed the return of income though under protest on 26th July, 1999 declaring nil inco…