CIT v. Gautam Sarabhai Trust (Guj.)

173 ITR 216Reported decision#15091 most cited
6

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2019 to 2024.

Judgments citing CIT v. Gautam Sarabhai Trust (Guj.)

Sme Pool Series V Aug 2016, Mumbai vs. Income- Tax Officer (TDS) 2(2)(1), Mumbai

In the result, both the appeals are allowed

ITA 341/MUM/2023[2017-18]Status: DisposedITAT Mumbai21 Feb 2024AY 2017-18

Bench: SHRI AMARJIT SINGH, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

For Appellant: Shri Niraj SethFor Respondent: Dr. Kishor Dhule
Section 139Section 194LSection 201

…d or abridged, so far as to avoid such inconvenience, but no further. The elementary rule is that words used in a section must be given their plain grammatical meaning. a) The reliance is placed on the following decisions- b) CITVs Gautam Sarabhai Trust (Guj) 173 ITR 216 c) CBDTVs Cochin Goods Transport Association (Ker) 236 ITR 993 d) M.P. Poddar (HUF) & Anr. Vs Appropriate Authority & Anz. (Del) 240 ITR 372 13. Without prejudice to the above, it may be appreciated that in the case of Vivriti as mentioned supra, the Hon. Tribunal has accepted that the Deed of assignment is 'securitisation instrument within the m…

Niit Technologies Ltd., New Delhi vs. ACIT, New Delhi

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

ITA 5525/DEL/2013[2008-09]Status: DisposedITAT Delhi28 Jan 2020AY 2008-09

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

For Appellant: 1. That the Commissioner of Income-Tax (Appeals) erred on facts and in law in up
Section 14ASection 35D

…nt company ‘NIIT Ltd.’ The Ld. CIT(A) relied on the decision of Hon’ble Supreme Court in the case of Orissa State Warehousing Corporation Vs CIT (SC) 237 ITR 589 and decision of the Hon’ble Gujarat High Court in the case of CIT Vs Gautam Sarabhai Trust (Guj.) 173 ITR 216 to support that the words of a statute are first understood in their natural, ordinary or popular sense and phrases and sentences construed according to their ITA Nos. 5524 & 5525/Del/2013 grammatical meaning unless that leads to some absurdity. He held that in view of the clear provisions of section 35DD of the Act, the expenses claimed by the…

Niit Technologies Ltd., New Delhi vs. ACIT, New Delhi

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

ITA 5524/DEL/2013[2007-08]Status: DisposedITAT Delhi28 Jan 2020AY 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

For Appellant: 1. That the Commissioner of Income-Tax (Appeals) erred on facts and in law in up
Section 14ASection 35D

…nt company ‘NIIT Ltd.’ The Ld. CIT(A) relied on the decision of Hon’ble Supreme Court in the case of Orissa State Warehousing Corporation Vs CIT (SC) 237 ITR 589 and decision of the Hon’ble Gujarat High Court in the case of CIT Vs Gautam Sarabhai Trust (Guj.) 173 ITR 216 to support that the words of a statute are first understood in their natural, ordinary or popular sense and phrases and sentences construed according to their ITA Nos. 5524 & 5525/Del/2013 grammatical meaning unless that leads to some absurdity. He held that in view of the clear provisions of section 35DD of the Act, the expenses claimed by the…

ACIT, New Delhi vs. M/S Niit Technologies Ltd., New Delhi

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

ITA 5492/DEL/2013[2008-09]Status: DisposedITAT Delhi28 Jan 2020AY 2008-09

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

For Appellant: 1. That the Commissioner of Income-Tax (Appeals) erred on facts and in law in up
Section 14ASection 35D

…nt company ‘NIIT Ltd.’ The Ld. CIT(A) relied on the decision of Hon’ble Supreme Court in the case of Orissa State Warehousing Corporation Vs CIT (SC) 237 ITR 589 and decision of the Hon’ble Gujarat High Court in the case of CIT Vs Gautam Sarabhai Trust (Guj.) 173 ITR 216 to support that the words of a statute are first understood in their natural, ordinary or popular sense and phrases and sentences construed according to their ITA Nos. 5524 & 5525/Del/2013 grammatical meaning unless that leads to some absurdity. He held that in view of the clear provisions of section 35DD of the Act, the expenses claimed by the…

ACIT, New Delhi vs. M/S Niit Technologies Ltd., New Delhi

In the result, both the appeals of the assessee are partly allowed and the appeal of Revenue for assessment year 2007-08

ITA 5491/DEL/2013[2007-08]Status: DisposedITAT Delhi28 Jan 2020AY 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

For Appellant: 1. That the Commissioner of Income-Tax (Appeals) erred on facts and in law in up
Section 14ASection 35D

…nt company ‘NIIT Ltd.’ The Ld. CIT(A) relied on the decision of Hon’ble Supreme Court in the case of Orissa State Warehousing Corporation Vs CIT (SC) 237 ITR 589 and decision of the Hon’ble Gujarat High Court in the case of CIT Vs Gautam Sarabhai Trust (Guj.) 173 ITR 216 to support that the words of a statute are first understood in their natural, ordinary or popular sense and phrases and sentences construed according to their ITA Nos. 5524 & 5525/Del/2013 grammatical meaning unless that leads to some absurdity. He held that in view of the clear provisions of section 35DD of the Act, the expenses claimed by the…

M/S Bisseswariall Mannalal & Sons, Kolkata vs. DCIT, Cir-33, Kolkata

In the result, the appeal filed by the assessee( Ground No

ITA 1140/KOL/2015[2011-2012]Status: DisposedITAT Kolkata24 Apr 2019AY 2011-2012

Bench: Shri A.T.Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1140/Kol/2015 (िनधा"रणवष" / Assessment Year: 2011-12) M/S Bisseswarlall Vs. Dcit, Cir-33, Kolkata 10B, Middleton Row,3Rd Floor, Mannalal& Sons 12, Pretoria Street, 5Th Floor, Kolkata Kolkata – 71. – 700 071. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aacfb 7736 L (Appellant) .. (Respondent)

For Appellant: Shri P.J. Bhide, FCAFor Respondent: Shri Robin Chowdhury, Addl. CIT Sr. DR
Section 143(3)Section 24Section 80Section 80I

…bridged, so far as to avoid suchinconvenience, but no further. The elementary rule is that words used in asection must be given their plain grammatical meaning. In saying sostrength is drawn from the following judgments: a. CIT Vs Gautam Sarabhai Trust ( Guj) 173 ITR 216 b. CBDT Vs Cochin Goods Transport association (Ker) 236 ITR 993 c. M.P.Poddar (HUF( &Anr. Vs Appropriate Authority &Anr( Del) 240ITR 372 As the reasonable,unequivocal and unambiguous conclusion is that the assessee must carryout both the activities, there cannot be any other alternate possibility. This is settled position of lawin view of the ca…

CIT v. Gautam Sarabhai Trust (Guj.) (173 ITR 216) — Cited in 6 Judgments | BharatTax