CIT v. Kalpataru Colours and Chemicals

328 ITR 451High Court2010#3232 most cited

What is CIT v. Kalpataru Colours and Chemicals authority for?

Assessments made under Section 153A are invalid if they are not based on material specifically unearthed during a search action on the assessee, and the absence of such incriminating evidence negates the justification for such assessments.

37

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2007 to 2025.

Also referred to as

CIT v. Kalpataru Colours and Chemicals · Section 153A · search assessment · incriminating material · absence of evidence · validity of assessment

Also reported as

192 Taxmann 435

Sections most often in play

Section 144Section 148Section 250Section 10(2)(vi)Section 127Section 131Section 132(4)Section 139(1)

Issues it is cited on

section 150(1)section 245hasection 80hsection 150scheme of arrangementsection 33(4)section 80hhcsection 80hhsection 2(22)section 2(22)(e)section 245section 18

Judgments citing CIT v. Kalpataru Colours and Chemicals

The Commissioner of Income Tax vs. Orient Craft Ltd

ITA - 993 / 2008HC Delhi01 Jun 2012
Section 260ASection 28Section 5Section 80H

…pra) distinction has been drawn between the principal amount and profit on sale of import license/DEPB and it has been held:- “2. On the first issue, the High Court has held, relying on its judgment in CIT v. Kalpataru Colours and Chemicals [ (2010) 328 ITR 451 (Bom)] , that the entire amount received by an assessee on sale of the Duty Entitlement Pass Book (for short “the DEPB”) represents profit on transfer of DEPB under Section 28(iii-d) of the Income Tax Act, 1961 (for short “the Act”). We have already decided this issue in favour of the assessee in a separate judgment in Topman Exports v. CI…

The Commissioner of Income Tax V vs. Nagesh Knitwears P.Ltd

ITA - 591 / 2008HC Delhi01 Jun 2012
Section 260ASection 28Section 5Section 80H

…pra) distinction has been drawn between the principal amount and profit on sale of import license/DEPB and it has been held:- “2. On the first issue, the High Court has held, relying on its judgment in CIT v. Kalpataru Colours and Chemicals [ (2010) 328 ITR 451 (Bom)] , that the entire amount received by an assessee on sale of the Duty Entitlement Pass Book (for short “the DEPB”) represents profit on transfer of DEPB under Section 28(iii-d) of the Income Tax Act, 1961 (for short “the Act”). We have already decided this issue in favour of the assessee in a separate judgment in Topman Exports v. CI…

The Commissioner of Income Tax V vs. Nagesh Knitwears P. Ltd

ITA/591/2008HC Delhi01 Jun 2012
Section 260ASection 28Section 5Section 80H

…pra) distinction has been drawn between the principal amount and profit on sale of import license/DEPB and it has been held:- “2. On the first issue, the High Court has held, relying on its judgment in CIT v. Kalpataru Colours and Chemicals [ (2010) 328 ITR 451 (Bom)] , that the entire amount received by an assessee on sale of the Duty Entitlement Pass Book (for short “the DEPB”) represents profit on transfer of DEPB under Section 28(iii-d) of the Income Tax Act, 1961 (for short “the Act”). We have already decided this issue in favour of the assessee in a separate judgment in Topman Exports v. CI…

CIT vs. Purolator India Ltd

The appeal stands disposed of on above terms

ITA/537/2011HC Delhi22 Mar 2011

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE M.L. MEHTA

Section 28Section 3Section 80H

…t Bombay against the aforesaid decision of the Special Bench of the ITAT. The Bombay High Court has reversed the decision of the Tribunal and the judgment of the Bombay High Court is reported as Commissioner of Income Tax Vs. Kalpataru Colours and Chemicals-, 328 ITR 457. 4. Since the Tribunal had simply followed Special Bench decision in Topman Expotts (supra) which stands over ruled, we set aside the ITA No.537/2OO7 Page 2 of 3 order passed by the Tribunal and remit the case back to the Tribunal to decide this appeals on merits after taking into account factual position in all this case. 5. The appeal stand…

CIT vs. Spentex Industries Ltd

Appeals stand disposed of on

ITA/1080/2010HC Delhi18 Feb 2011

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE M.L. MEHTA

…I sale of DEPB representing the expess of I face value is liable to be considered u/s 2 tL hargeable to tax uls 28 hen the application for rsuant to exports and sale proceeds of DEPB 8(iiid) at the time of its of Incorne Tax Vs. Kalpataru Colours d Chemicals, 328 ITR 457. 4. Since the Tribunal had simply foll ed Special Bench decision in Topman Exparts (supra) which stands over ruled, we set aside the order passed by the Tribunal in all these ses and remit the cases back on merits after talcing into to the Tribunal to decide these appeal account factual oor,a,on in all these cases 5, These appeals stand disposed…

CIT vs. Clc Corporation

Appeals stand disposed of on above terms

ITA/184/2011HC Delhi18 Feb 2011

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE M.L. MEHTA

…Exports (supra) which stands order passed by the Tribunal in all these c to ..the Tribunal to decide these appeal^ account factual position in all these cases. the Special Bench of the ITAT. decision of the Tribunal and is reported as CommBsssoiner Chemicals, 328 ITR 451. ved Special Bench decision in over ruled, we set aside the ases and remit the cases back on merits after taking into 5. These appeals stand disposed of on above terms. FEBROART 18, 2011, skb iTANo. ITA 12/2011 & ors.connected matters (A.K.SIKRB) JUDGE Page 6 of 6…

CIT vs. Sangeeta Jain

Appeals stand disposed of on

ITA/14/2011HC Delhi18 Feb 2011

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE M.L. MEHTA

…tax u/s 2B is, when the application for rity pursuant to exPorts and ess of sale proceeds of DEPB u/s 28(iiid) at the time of its the High Court Adjudicate at he Special Bench of the ITAT. decision of the Tribunal and s reported as Com rnissioner Chernicatrs, 328 ITR 457. ed Special Bench decision in over ruled, we set aside the ses and remit the cases back on merits after tal<ing into bove terms. JUDGE (M.L.MEr-rTA) JUDGE…

CIT vs. Vikas Kalra

Appeals stand disposed of on bove terms

ITA/185/2011HC Delhi18 Feb 2011

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE M.L. MEHTA

…y against the aforesaid decision of the Special Bench of the IT AT. The Bombay High Court has reversed th decision of the Tribunal and the judgment of the Bombay High Court is reported as Commffssioner of Income Tax Vs. Kalpataru Colours and C/hiemffcalsp 328 ITR 451. 4. Since the Tribunal had simply followed Special B~nch decision in Topman Exports (supra) which stands over ruled, we set aside the ·, order passed by the Tribunal in all these cases and remit the cases back :to the Tribunal to decide these appeal on merits after taking into account factual position in all these cases. 5 . These appea…

CIT vs. Sangeeta Jain

Appeals stand disposed of on

ITA/181/2011HC Delhi18 Feb 2011

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE M.L. MEHTA

…s. Kalpataimj CoBoisb's a the High Court Adjudicate at the Special Bench of the ITAT. decision of the Tribunal and 5. These appeals stand disposed of on FEBRUARY 18, 2011, skb iTANo, ITA 12/2011 & ors.connected matters is reported as CommBSSsomieir Chemseals, 328 ITR 451. 4. Since the Tribunal had simply followed Special Bench decision in Topman Exports (supra) which stands over ruled, we set aside the order passed by the Tribunal in all these cases and remit the cases back to the Tribunal to decide these appeal^ on merits after taking into account factual position in all these cases. above terms. (AJCSIKRD) (MX.…

CIT vs. Indu Gupta

Appeals stand disposed of on

ITA/178/2011HC Delhi18 Feb 2011

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE M.L. MEHTA

…ax Vs. KaSpataru Colours a 5. These appeals stand disposed of on FEBRUARY 18, 2011, skb iTANo. ITA 12/2011 & ors.connected matters the High Court Adjudicate at the Special Bench of the ITAT. ? decision of the Tribunal and is reported as CommBsssomier ChemlcaK 328 ITR 451. 4. Since the Tribunal had simply follo\}ved Special Bench decision in I Topmain Exports (supra) which stands over ruled, we set aside the order passed by the Tribunal in all these cases and remit the cases back to the Tribunal to decide these appeal^ on merits after taking into account factual position in all these cases. above terms. .L.MEIHTA)…

CIT vs. Baldev Raj Jaggi

Appeals stand disposed of on

ITA/177/2011HC Delhi18 Feb 2011

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE M.L. MEHTA

…Vs. KaSpataru Colours a 5. These appeals stand disposed of on FEBRUARY 18, 2011, skb • iTANo. ITA 12/2011 & ors.connected matters 1 the High Court Adjudicate at the Special Bench of the ITAT. decision of the Tribunal and is reported as CommBsssoner ChemScaBs, 328 ITR 451. 4. Since the Tribunal had simply follo\|ved Special Bench decision 'in Topmami Exports (supra) which stands over ruled, w.e set aside the order passed by the Tribunal in all these cases and remit the cases back to the Tribunal to decide these appeal:: on merits after taking into account factual position in all these cases. above terms. ,.K.SIiCR…

CIT vs. Spentex Industries Ltd

Appeals stand disposed of on

ITA/708/2010HC Delhi18 Feb 2011

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE M.L. MEHTA

…le to tax uls 28 t is, when the application for pursuant to exports and ess of sale proceeds of DEPB d u/s 28(iiid) at the time of its the High Court Adjudicate at e Special Bench of the ITAT. decision of the Tribunal and reported as Cormrnissioner Chemicals, 328 ITR 457. Special Bench decision in over ruled, we set aside the ses and remit the cases bacl< on merits after taking into bove terms. JUDGE -6A-Q--P-, (M.L.MEFTTA) JUDGE Page 6 of 6…

CIT vs. Sangeeta Jain

Appeals stand disposed of on

ITA - 14 / 2011HC Delhi18 Feb 2011

…tax u/s 2B is, when the application for rity pursuant to exPorts and ess of sale proceeds of DEPB u/s 28(iiid) at the time of its the High Court Adjudicate at he Special Bench of the ITAT. decision of the Tribunal and s reported as Com rnissioner Chernicatrs, 328 ITR 457. ed Special Bench decision in over ruled, we set aside the ses and remit the cases back on merits after tal<ing into bove terms. JUDGE (M.L.MEr-rTA) JUDGE 2011:DHC:11683-DB…

CIT vs. Baldev Raj Jaggi

Appeals stand disposed of on

ITA - 177 / 2011HC Delhi18 Feb 2011

…ment of^the Bombay High Court of Mcome Tax Vs. KaSpataru Colours a 5. These appeals stand disposed of on FEBRUARY 18, 2011, skb • 1 the High Court Adjudicate at the Special Bench of the ITAT. decision of the Tribunal and is reported as CommBsssoner ChemScaBs, 328 ITR 451. 4. Since the Tribunal had simply follo\|ved Special Bench decision 'in Topmami Exports (supra) which stands over ruled, w.e set aside the order passed by the Tribunal in all these cases and remit the cases back to the Tribunal to decide these appeal:: on merits after taking into account factual position in all these cases. above terms. ,.K.SIiCR…

CIT vs. Indu Gupta

Appeals stand disposed of on

ITA - 178 / 2011HC Delhi18 Feb 2011

…dgment of the Bombay High Court of Sncome Tax Vs. KaSpataru Colours a 5. These appeals stand disposed of on FEBRUARY 18, 2011, skb the High Court Adjudicate at the Special Bench of the ITAT. ? decision of the Tribunal and is reported as CommBsssomier ChemlcaK 328 ITR 451. 4. Since the Tribunal had simply follo\}ved Special Bench decision in I Topmain Exports (supra) which stands over ruled, we set aside the order passed by the Tribunal in all these cases and remit the cases back to the Tribunal to decide these appeal^ on merits after taking into account factual position in all these cases. above terms. .L.MEIHTA)…

CIT vs. Paramount Impex Pvt Ltd

Appeals stand disposed of on above terms

ITA - 12 / 2011HC Delhi18 Feb 2011

…bay against the aforesaid decision of the Special Bench of the ITAT. The Bombay High Court has reversed the decision of the Tribunal and the judgment of the Bombay High Court is reported as Commissioner of Income Tax Vs. Kalpataru Colours and Chemicals, 328 ITR 451. 4. Since the Tribunal had simply followed Special Bench decision in Topman Exports (supra) which stands over ruled, we set aside the order passed by the Tribunal in all these cases and remit the cases back to the Tribunal to decide these appeals on merits after taking into account factual position in all these cases. 5. These appe…

Commissioner of Income Tax vs. Honda Siel Power Products Limi

The appeal stands disposed of on above terms

ITA/537/2007HC Delhi30 Aug 2007

Bench: HON'BLE MR. JUSTICE VIKRAMAJIT SEN,HON'BLE MR. JUSTICE S.L.BHAYANA

Section 28Section 3Section 80H

…ay against the aforesaid decision of the Special Bench of the ITAT. The Bombay High Court has reversed the decision of the Tribunal and the judgment of the Bombay High Court is reported as Commissioner of Income Tax Vs. Kalpataru Colours and Chemicals, 328 ITR 451. 4. Since the Tribunal had simply followed Special Bench decision in Topman Exports (supra) which stands over ruled, we set aside the ITA No.537/2007 Page 3 of 3 order passed by the Tribunal and remit the case back to the Tribunal to decide this appeals on…