CIT v. India Capacitors Ltd.

180 ITR 641High Court1989#15141 most cited
6

judgments rely on this decision, according to BharatTax’s citation analysis of 348,631 Indian tax judgments — from 2016 to 2024.

Sections most often in play

Section 143(3)Section 153ASection 234ASection 234BSection 36(1)(iii)Section 37(1)Section 57(iii)

Judgments citing CIT v. India Capacitors Ltd.

Magendra Singh Rathore, Alwar vs. DCIT Central Circle-2, Jaipur

In the result the appeal of the assessee is partly allowed

ITA 483/JPR/2024[2017-18]Status: DisposedITAT Jaipur23 Sept 2024AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Mahendra Gargiya (Adv.) &For Respondent: Shri Anup Singh (Addl. CIT)
Section 143(3)Section 234ASection 36(1)(iii)Section 57

…the message does not appear to have percolated down to all the other Courts in the hierarchy." The said judgment is a leading case on the subject and has a binding force on all the officers subordinate thereto. Also, in the case of India Capacitor Ltd. (1989) 180 ITR 641 (Cal. HC), Autoser (P.) Ltd. (1998) 101 Taxman 70 (Cochin) (Mag.) & Concord of India Insurance Co. Ltd. v. Smt. Nirmala Devi (1979) 118 ITR 507 (SC) 2.7 Thus, the minor delay in filing of the instant appeal was not at all deliberate or intentional but arose due to circumstances beyond the assesses control, who was not going to gain anything. It i…

ITO, WD-43(3), Kolkata vs. Vipul Gupta, Kolkata

In the result, appeal of revenue is dismissed

ITA 868/KOL/2015[2010-2011]Status: DisposedITAT Kolkata20 Mar 2019AY 2010-2011

Bench: Shri P.M. Jagtap & Shri A. T. Varkey, Jm]

Section 10ASection 10B

…nue for the development of the country and not to charge the assessee more tax than that which is due and payable by the assessee.” 18. We find that the decision of the Hon’ble Jurisdictional High Court in the case of CIT Vs. India Capacitors Ltd reported in 180 ITR 641 also supports this proposition. We further find that the alternative argument of the ld.AR has got lot of force as it may be appreciated that there was no mala fide intention on the part of the assessee in not claiming the deduction under the correct section. In fact, it could be appreciated that the assessee had only run the risks of not having…

ITO, Ward - 8(2), Kolkata vs. M/S. Wizard Enterprise Pvt. Ltd., Kolkata

The appeals are dismissed

ITA 292/KOL/2018[2011-12]Status: DisposedITAT Kolkata28 Feb 2019AY 2011-12

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godaraassessment Year: 2011-12

Section 10ASection 10BSection 143(3)

…enue for the development of the country and not to charge the assessee more tax than that which is due and payable by the assessee.” 19. We find that the decision of the Hon’ble Jurisdictional High Court in the case of CIT Vs. India Capacitors Ltd reported in 180 ITR 641 also supports this proposition. We further find that the alternative argument of the ld.AR has got lot of force as it may be appreciated that there was no mala fide intention on the part of the assessee in not claiming the deduction under the correct section. In fact, it could be appreciated that the assessee had only run the risks of not having…

Limtex Infotech Ltd., Kolkata vs. ITO, Ward - 7(4), Kolkata

In the result, the appeals of the revenue are dismissed and cross objections of the assessee are allowed as stated above

ITA 1368/KOL/2017[2010-11]Status: DisposedITAT Kolkata05 Sept 2018AY 2010-11

Bench: Hon’Ble Shri S.S. Godara, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1368/Kol/2017 Assessment Year : 2010-11 Limtex Infotech Ltd. -Vs- Ito, Ward-7(4), Kolkata. [Pan: Aabcl 0088 R] (Appellant) (Respondent)

For Appellant: Shri J.M Thard, AdvocateFor Respondent: Shri Robin Chowdhury, Addl. CIT DR
Section 10BSection 14Section 143(3)

…nue for the development of the country and not to charge the assessee more tax than that which is due and payable by the assessee.” 19. We find that the decision of the Hon’ble Jurisdictional High Court in the case of CIT Vs. India Capacitors Ltd reported in 180 ITR 641 also supports this proposition. We further find that the alternative argument of the ld.AR has got lot of force as it may be appreciated that there was no mala fide intention on the part of the assessee in not claiming the deduction under the correct section. In fact, it could be appreciated that the assessee had only run the risks of not having…

I.T.O WD - 7(2), Kolkata. vs. M/S Wizard Enterprises Pvt Ltd., Kolkata

In the result, the appeal of the Revenue is dismissed

ITA 280/KOL/2013[2009-10]Status: DisposedITAT Kolkata29 Apr 2016AY 2009-10

Bench: : Shri S.S Viswanethra Ravi

For Appellant: Shri Subash Agarwal, Advocate, ld.ARFor Respondent: Shri Rajat Kumar Kureel, JCIT, ld.DR
Section 10ASection 10BSection 143(3)

…nue for the development of the country and not to charge the assessee more tax than that which is due and payable by the assessee.” 19. We find that the decision of the Hon’ble Jurisdictional High Court in the case of CIT Vs. India Capacitors Ltd reported in 180 ITR 641 also supports this proposition. We further find that the alternative argument of the ld.AR has got lot of force as it may be appreciated that there was no mala fide intention on the part of the assessee in not claiming the deduction under the correct section. In fact, it could be appreciated that the assessee had only run the risks of not having…

ITO, Ward - 7(2), Kolkata vs. M/S. Wizard Enterprises Pvt. Ltd., Kolkata

In the result, the appeals of the revenue are dismissed and cross objections of the assessee are allowed as stated above

ITA 628/KOL/2011[2007-08]Status: DisposedITAT Kolkata04 Mar 2016AY 2007-08

Bench: : Shri Mahavir Singh & Shri M. Balaganesh

For Appellant: Shri Subash Agarwal, Advocate, ld.ARFor Respondent: None appeared on behalf of the revenue
Section 10ASection 10BSection 143(3)

…nue for the development of the country and not to charge the assessee more tax than that which is due and payable by the assessee.” 19. We find that the decision of the Hon’ble Jurisdictional High Court in the case of CIT Vs. India Capacitors Ltd reported in 180 ITR 641 also supports this proposition. We further find that the alternative argument of the ld.AR has got lot of force as it may be appreciated that there was no mala fide intention on the part of the assessee in not claiming the deduction under the correct section. In fact, it could be appreciated that the assessee had only run the risks of not having…

CIT v. India Capacitors Ltd. (180 ITR 641) — Cited in 6 Judgments | BharatTax