CIT v. Information Architects

322 ITR 1Reported decision#17651 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2015 to 2021.

Judgments citing CIT v. Information Architects

Krishna Kumar Mittal HUF, Mumbai vs. ITO WD 20(1)(4), Mumbai

In the result, appeal by the assesee is stands allowed

ITA 5504/MUM/2016[2005-06]Status: DisposedITAT Mumbai04 Oct 2021AY 2005-06

Bench: Shri Shamim Yahya (Am) & Shri Pavan Kumar Gadale (Jm)

Section 2(22)(e)Section 271Section 271(1)(c)

…A.O. has failed to appreciate that the Appellant has not furnished any inaccurate particulars of income to attract the levy of penalty under section 271 (1) (c) of the Act. It is submitted that the Apex Court in the case of Reliance Petro products reported in 322 ITR 1 58 (SC) has clearly held that if the assessee has not furnished inaccurate particulars of income, then penalty proceedings cannot be initiated. The impugned order has been passed without appreciating the legal position and is therefore liable to be set aside. 3) The appellant also puts its reliance in the case of Brahamputra Constructions Ltd. (Su…

The ITO, Ward-10(1), Ahmedabad vs. M/S. Aashirwad Clearing Agency, Ahmedabad

In the result, both the appeals are dismissed

ITA 1284/AHD/2013[2009-10]Status: DisposedITAT Ahmedabad11 May 2018AY 2009-10
For Appellant: “The ld. CIT(A) has erred in law and on fact in confirming addition of Rs.7,66,7
Section 143(3)Section 198

…der are thus, untenable. In this regard, it is seen that it has been held by several Hon'ble courts that amounts of monies received on account of reimbursement expenses cannot be treated as income of the recipient. In the case of CIT vs Information Architects 322 ITR 1, Hon'ble Bombay High Court was to decide whether amounts of monies paid by an employer to his employee in the nature of reimbursement of expenses would constitute salary in the hands of employee or not Hon'ble High Court held that reimbursement of expenses do not partake the nature of income and hence would not be categorized as income under the he…

M/S. Aashirwad Clearing Agency, Ahmedabad vs. The Income Tax Officer, Ward-10(1), Ahmedabad

In the result, both the appeals are dismissed

ITA 1174/AHD/2013[2009-10]Status: DisposedITAT Ahmedabad11 May 2018AY 2009-10
For Appellant: “The ld. CIT(A) has erred in law and on fact in confirming addition of Rs.7,66,7
Section 143(3)Section 198

…der are thus, untenable. In this regard, it is seen that it has been held by several Hon'ble courts that amounts of monies received on account of reimbursement expenses cannot be treated as income of the recipient. In the case of CIT vs Information Architects 322 ITR 1, Hon'ble Bombay High Court was to decide whether amounts of monies paid by an employer to his employee in the nature of reimbursement of expenses would constitute salary in the hands of employee or not Hon'ble High Court held that reimbursement of expenses do not partake the nature of income and hence would not be categorized as income under the he…

DCIT 2(3), Mumbai vs. Tata Sons Ltd, Mumbai

In the result, appeal of the revenue as well as cross objection filed by the assessee are dismissed

ITA 1719/MUM/2012[2004-05]Status: DisposedITAT Mumbai09 Dec 2015AY 2004-05

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm आमकय अऩीर सं./Ita No.1719/Mum/2012 (नििाारण वषा / Assessment Year :2004-2005) Acit-2(3), Mumbai-20 Vs. M/S Tata Sons Ltd., Bombay House, 24, Homi Mody Street, Fort, Mumbai-400001 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaact 4060 A (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. & Cross Objection No.70/Mum/2013 (नििाारण वषा / Assessment Year :2004-2005) M/S Tata Sons Ltd., Bombay Vs. Acit-2(3), Mumbai-20 House, 24, Homi Mody Street, Fort, Mumbai-400001 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aaact 4060 A (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. याजस्व की ओर से /Revenue By Manjunatha R Swamy : ननधाारयती की ओर से /Assessee By : Shri Dinesh Vyas सुनवाई की तायीख / Date Of Hearing : 19/10/2015 घोषणा की तायीख/Date Of Pronouncement 09/12/2015 आदेश / O R D E R Per R.C.Sharma (A.M): This Is An Appeal Filed By The Revenue & Cross Objection Filed By The Assessee Against The Order Of Cit(A), Mumbai, For The Assessment Year 2004-05, In The Matter Of Order Passed U/S.143(3) R.W.S.148 Of The It Act. 2. Rival Contentions Have Been Heard & Record Perused. In This Case, The Assessment Was Reopened By Issue Of Notice U/S.148 On 6-3-

For Appellant: Shri Dinesh Vyas
Section 10ASection 142Section 142(1)Section 143(3)Section 147Section 148

…आयकर अपीऱीय अधिकरण, म ुंबई न्यायपीठ ‘ई’, म ुंबई । IN THE INCOME TAX APPELLATE TRIBUNAL “E”, BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI SANDEEP GOSAIN, JM आमकय अऩीर सं./ITA No.1719/Mum/2012 (नििाारण वषा / Assessment Year :2004-2005) ACIT-2(3), Mumbai-20 Vs. M/s Tata Sons Ltd., Bombay House, 24, Homi Mody Street, Fort, Mumbai-400001 स्थामी रेखा सं./ जीआइआय सं./ PAN/GIR No. : AAACT 4060 A (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. AND Cross Objection No.70/Mum/2013 (नििाारण वषा / Assessment Year :2004-2005) M/s Tata Sons Ltd., Bombay Vs. ACIT-2(3), Mumbai-20 House, 24, Homi Mody Street, Fort, Mumbai-400001…

Renu M. Tilwani, Mumbai vs. ACIT 19(3), Mumbai

In the result, appeal of the assessee is allowed in part for statistical purposes

ITA 1969/MUM/2011[2006-07]Status: DisposedITAT Mumbai28 Oct 2015AY 2006-07

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm आमकय अऩीर सं./Ita No.1969/Mum/2011 (नििाारण वषा / Assessment Year :2006-2007) Mrs. Renu M. Tilwani, 21, Veena Vs. Acit 19(3), Mumbai- Beena, Gr. Floor, Opp Bandra 400013 Railway Station, Bandra (W), Mumbai-400050 स्थामी रेखा सं./ जीआइआय सं./ Pan/Gir No. : Aadpt 6152 H (अऩीराथी /Appellant) (प्रत्मथी / Respondent) .. ननधाारयती की ओर से /Assessee By : Shri M.Subramanian याजस्व की ओर से /Revenue By : Shri Shrikant Namdeo सुनवाई की तायीख / Date Of Hearing : 20/10/2015 घोषणा की तायीख/Date Of Pronouncement 28/10/2015 आदेश / O R D E R Per R.C.Sharma (A.M): This Is An Appeal Filed By The Assessee Against The Order Of Cit(A), Mumbai, Dated 22-12-2010, For The Assessment Year 2006-2007. 2. Rival Contentions Have Been Heard & Record Perused. Facts In Brief Are That Assessee Is Engaged In The Business Of Export & Import. The Return Of The Assessment Year 2006-07 Was Filed On 31-10-2006, Declaring Income At Rs.38,11,051/-. The Case Was Selected For Scrutiny. The Ao Had Accordingly Completed The Assessment By Making Following Additions :- I) Clearing Charges : Rs.10,41,693/- Ii) Freight Charges : Rs. 6,76,606/- Iii) Salary Payments : Rs. 3,00,000/- Iv) Interest Expenses: Rs. 5,77,389/-

For Appellant: Shri M.SubramanianFor Respondent: Shri Shrikant Namdeo
Section 40

…AR was that freight charges was paid to various shipping companies and foreign countries and the TDS provisions which are not applicable. For this purpose, reliance was placed on the decision of Hon’ble Bombay High Court in the case of Information Architects, 322 ITR 1. 8. We have considered rival contentions and did not found any merit in the assessee’s contention for not deducting tax at source. The detailed finding recorded by the lower authorities has not been controverted by the 4 ld. AR by brining any positive material on record. Accordingly, we confirm the disallowance of freight charges of Rs.6,76,606/-.…

CIT v. Information Architects (322 ITR 1) — Cited in 5 Judgments | BharatTax