CIT v. K. Thangamani

309 ITR 15Reported decision2009#17612 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 348,607 Indian tax judgments — from 2018 to 2022.

Judgments citing CIT v. K. Thangamani

The Assistant Commr. of Income Tax, Cen. Circle-1, Rajkot-Gujarat vs. Shri Aniruddhsinh J. Solanki, Rajkot-Gujarat

In the result, the appeal filed by the Assessee is allowed and the appeal filed by the Revenue is hereby dismissed

ITA 2/RJT/2019[2008-09]Status: DisposedITAT Rajkot19 Oct 2022AY 2008-09

For Appellant: Shri R.K. Doshi, A.RFor Respondent: Shri Shramdeep Sinha, CIT/DR

Section 143(3)Section 147Section 250Section 271(1)(c)

…. Therefore, the principles for determining the income will remain the same even the source of income is illegal in nature. In this regard we find support and guidance (rom the judgment of Hon'ble Madras High Court in case of CIT vs. K. Thangamani reported in 309 ITR 15 where it was held as under: “The primary function of the Act is to bring the income of various kinds into the tax net. The income-tax authorities are not concerned about the manner or means of acquiring income. The income might have been earned illegally or by resorting to unlawful means. Illegality tainted with the earning has no bearing on its t…

Shri Aniruddhsinh J. Solanki, Rajkot-Gujarat vs. The Assistant Commr. of Income Tax, Cen. Circle-1, Rajkot-Gujarat

In the result, the appeal filed by the Assessee is allowed and the appeal filed by the Revenue is hereby dismissed

ITA 454/RJT/2018[2008-09]Status: DisposedITAT Rajkot19 Oct 2022AY 2008-09

For Appellant: Shri R.K. Doshi, A.RFor Respondent: Shri Shramdeep Sinha, CIT/DR

Section 143(3)Section 147Section 250Section 271(1)(c)

Shri Samir Kamruddin Makhani, Rajkot-Gujarat vs. The Asstt. Commr. of Income Tax, Cen. Cir.-1, Rajkot-Gujarat

In the result the appeal filed by the assessee is allowed whereas theappeal filed by the revenue is dismissed

ITA 86/RJT/2017[2006-07]Status: DisposedITAT Rajkot14 Sept 2022AY 2006-07

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

For Appellant: Shri Mehul Ranpura, A.RFor Respondent: Shri Aarsi Prasad, CIT DR

Section 143(3)Section 68

…. Therefore, the principles for determining the income will remain the same even the source of income is illegal in nature. In this regard we find support and guidance from the judgment of Hon'ble Madras High Court in case of CIT vs. K. Thangamani reported in 309 ITR 15 where it was held as under: The primary function of the Act is to bring the income of various kinds into the tax net. The income-tax authorities ore not concerned about the manner or means of acquiring income. The income might have been earned illegally or by resorting to unlawful means. Illegality tainted with the earning has no bearing on its t…

Padmavathi Reddy Gaddam, Hyderabad vs. Dy. Commissioner of Income Tax, International Taxation-1, Hyderabad

Appeal is allowed in above terms

ITA 538/HYD/2019[2008-09]Status: DisposedITAT Hyderabad13 Sept 2021AY 2008-09

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri K.A.Sai Prasad, ARFor Respondent: Shri Rohit Mujumdar, DR

Section 143(3)Section 50CSection 50C(1)

…ax on this LTCG. Even if the income was not earned in a legal manner, still such income is taxable and . it is not the concern of the income-tax Department as to how the assessee earned her income. This was upheld in many cases viz. CIT v K. Thangamani [2009J 309 ITR 15, [2009J 221 CTR 742 (Madras), K.P.G.B.U.G.M.S.S.A Mohammad Abdul Kareem & Co. v CIT [1948] 16 :- 4 -: ITR 412 (Madras) and CIT v S. C. Kothari [1968J 69 ITR 1 (Gujarat). Until the transaction that took place giving rise to LTCG in the hands of the assessee is overturned by an action of the State Government / assessee/Vendees and the amounts recei…

DCIT 1(1)(2), Mumbai vs. Finproject India P.Ltd, Mumbai

In the result appeal of the Revenue is dismissed

ITA 4860/MUM/2016[2012-13]Status: DisposedITAT Mumbai02 May 2018AY 2012-13

Bench: Shri C.N Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.4860/Mum/2016 (नििाारण वर्ा / Assessment Year : 2012-13)

For Appellant: Shri Prem Prakash PareekFor Respondent: Shri Rajat Mittal (DR)

Section 142(1)Section 143(2)Section 143(3)Section 56(1)Section 68

…e earned by an offender still would be an income liable for assessment. Thus income earned by assesse from income tax refunds collected by him illegally by producing bogus TDS certificate would be assessed under Act- CIT v. K. Thangamani [2009] 177 Taxman 499/309 ITR 15{Mad.). Legal effect prevails over substance of transaction - In taxing a receipt to income -tax the authorities are only concerned with the legal effect or character of the transaction and not the substance of the transaction - Pandit Lakshmikanta Jha Vs. CIT [1970] 75 ITR 790(SC). Legality or otherwise of activity - under the Indian Income- Tax A…