CIT v. M/s Continental Warehousing Corporation Ltd.

235 Taxmann 568Supreme Court of India2015#3882 most cited

What is CIT v. M/s Continental Warehousing Corporation Ltd. authority for?

Finality on an issue of law has not been attained if Special Leave Petitions (SLPs) challenging the same issue in this case and others are pending before the Apex Court. Tax authorities dismissing appeals due to low tax effect do not preclude further legal challenge.

30

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2017 to 2022.

Also referred to as

CIT v. M/s Continental Warehousing Corporation Ltd. · 235 Taxmann 568 · Supreme Court · pending SLPs · finality of issue · low tax effect · tax appeal dismissal

Judgments citing CIT v. M/s Continental Warehousing Corporation Ltd.

Pr. Commissioner of Income Tax vs. M/S Bhadani Financiers Pvt. Ltd

ITA/93/2020HC Delhi09 Sept 2021
Section 153ASection 260ASection 68Section 69C

…to low tax effect and not on merit. He submits that finality on the impugned issue of law has not been attained till date as SLPs are pending before the Apex Court impugning the same issue in the case of CIT V. M/s Continental Warehousing Corporation Ltd. 235 Taxmann 568 (Bombay High Court) as well as in other cases. ARGUMENTS ON BEHALF OF APPELLANT/REVENUE 4. He states that the ITAT has completely misread and misinterpreted the provision of Section 153A of the Act and has failed 2021:DHC:2802-DB ITA 81/2020 and connected matters Page 6 of 13 to appreciate that the mandatory provision of Section…

Pr. Commissioner of Income Tax vs. M/S Bhadani Financiers Pvt. Ltd

ITA/1027/2019HC Delhi09 Sept 2021
Section 153ASection 260ASection 68Section 69C

…to low tax effect and not on merit. He submits that finality on the impugned issue of law has not been attained till date as SLPs are pending before the Apex Court impugning the same issue in the case of CIT V. M/s Continental Warehousing Corporation Ltd. 235 Taxmann 568 (Bombay High Court) as well as in other cases. ARGUMENTS ON BEHALF OF APPELLANT/REVENUE 4. He states that the ITAT has completely misread and misinterpreted the provision of Section 153A of the Act and has failed 2021:DHC:2802-DB ITA 81/2020 and connected matters Page 6 of 13 to appreciate that the mandatory provision of Section…

Pr. Commissioner of Income Tax vs. M/S Bhadani Financiers Pvt. Ltd

ITA/143/2020HC Delhi09 Sept 2021
Section 153ASection 260ASection 68Section 69C

…to low tax effect and not on merit. He submits that finality on the impugned issue of law has not been attained till date as SLPs are pending before the Apex Court impugning the same issue in the case of CIT V. M/s Continental Warehousing Corporation Ltd. 235 Taxmann 568 (Bombay High Court) as well as in other cases. ARGUMENTS ON BEHALF OF APPELLANT/REVENUE 4. He states that the ITAT has completely misread and misinterpreted the provision of Section 153A of the Act and has failed 2021:DHC:2802-DB ITA 81/2020 and connected matters Page 6 of 13 to appreciate that the mandatory provision of Section…

Pr. Commissioner of Income Tax vs. M/S Bhadani Financiers Pvt. Ltd

ITA/81/2020HC Delhi09 Sept 2021
Section 153ASection 260ASection 68Section 69C

…to low tax effect and not on merit. He submits that finality on the impugned issue of law has not been attained till date as SLPs are pending before the Apex Court impugning the same issue in the case of CIT V. M/s Continental Warehousing Corporation Ltd. 235 Taxmann 568 (Bombay High Court) as well as in other cases. ARGUMENTS ON BEHALF OF APPELLANT/REVENUE 4. He states that the ITAT has completely misread and misinterpreted the provision of Section 153A of the Act and has failed 2021:DHC:2802-DB ITA 81/2020 and connected matters Page 6 of 13 to appreciate that the mandatory provision of Section…

Pr. Commissioner of Income Tax vs. M/S Bhadani Financiers Pvt. Ltd

ITA/99/2020HC Delhi09 Sept 2021
Section 153ASection 260ASection 68Section 69C

…to low tax effect and not on merit. He submits that finality on the impugned issue of law has not been attained till date as SLPs are pending before the Apex Court impugning the same issue in the case of CIT V. M/s Continental Warehousing Corporation Ltd. 235 Taxmann 568 (Bombay High Court) as well as in other cases. ARGUMENTS ON BEHALF OF APPELLANT/REVENUE 4. He states that the ITAT has completely misread and misinterpreted the provision of Section 153A of the Act and has failed 2021:DHC:2802-DB ITA 81/2020 and connected matters Page 6 of 13 to appreciate that the mandatory provision of Section…

Pr. Commissioner of Income Tax vs. M/S Bhadani Financiers Pvt. Ltd

ITA/94/2020HC Delhi09 Sept 2021
Section 153ASection 260ASection 68Section 69C

…to low tax effect and not on merit. He submits that finality on the impugned issue of law has not been attained till date as SLPs are pending before the Apex Court impugning the same issue in the case of CIT V. M/s Continental Warehousing Corporation Ltd. 235 Taxmann 568 (Bombay High Court) as well as in other cases. ARGUMENTS ON BEHALF OF APPELLANT/REVENUE 4. He states that the ITAT has completely misread and misinterpreted the provision of Section 153A of the Act and has failed 2021:DHC:2802-DB ITA 81/2020 and connected matters Page 6 of 13 to appreciate that the mandatory provision of Section…

Pr. Commissioner of Income Tax vs. M/S Bhadani Financiers Pvt. Ltd

ITA/79/2020HC Delhi09 Sept 2021
Section 153ASection 260ASection 68Section 69C

…to low tax effect and not on merit. He submits that finality on the impugned issue of law has not been attained till date as SLPs are pending before the Apex Court impugning the same issue in the case of CIT V. M/s Continental Warehousing Corporation Ltd. 235 Taxmann 568 (Bombay High Court) as well as in other cases. ARGUMENTS ON BEHALF OF APPELLANT/REVENUE 4. He states that the ITAT has completely misread and misinterpreted the provision of Section 153A of the Act and has failed 2021:DHC:2802-DB ITA 81/2020 and connected matters Page 6 of 13 to appreciate that the mandatory provision of Section…

Pr. Commissioner of Income Tax vs. M/S Bhadani Financiers Pvt. Ltd

ITA/77/2020HC Delhi09 Sept 2021
Section 153ASection 260ASection 68Section 69C

…to low tax effect and not on merit. He submits that finality on the impugned issue of law has not been attained till date as SLPs are pending before the Apex Court impugning the same issue in the case of CIT V. M/s Continental Warehousing Corporation Ltd. 235 Taxmann 568 (Bombay High Court) as well as in other cases. ARGUMENTS ON BEHALF OF APPELLANT/REVENUE 4. He states that the ITAT has completely misread and misinterpreted the provision of Section 153A of the Act and has failed 2021:DHC:2802-DB ITA 81/2020 and connected matters Page 6 of 13 to appreciate that the mandatory provision of Section…

DCIT, Central Circle - 2(1), Kolkata vs. M/S. Bhavya Merchandise Pvt. Ltd., Kolkata

In the result, appeals by the revenue are dismissed and cross-objections by the assessee are allowed

ITA 2148/KOL/2017[2011-12]Status: DisposedITAT Kolkata18 Mar 2020AY 2011-12
For Appellant: Mr. R.P. Agarwal, Advocate &For Respondent: Mr. Imokaba Jamir, CIT DR
Section 132Section 143(2)Section 143(3)Section 153ASection 68Section 69C

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH: KOLKATA Before: Shri P.M. Jagtap, Vice President and Shri S.S. Viswanethra Ravi, Judicial Member DCIT, CC – 2(1), Kolkata Appellant Vs M/s. Bhavya Merchandise Pvt. Ltd. Respondent [PAN:AADCB 6137 F] C.O. No. 110/Kol/2018 (Arising out of ITA No. 2148/Kol/2017 (Assessment Year: 2011-12) M/s. Bhavya Merchandise Pvt. Ltd. Cross-Objector [PAN:AADCB 6137 F] Vs DCIT, CC – 2(1), Kolkata Respondent IT(SS)A No. 139/Kol/2017 (Assessment Year: 2011-12) DCIT, CC – 2(1), Kolkata Appellant Vs M/s. SRA Merchandise Pvt. Ltd. Respondent [PAN: AAMCS 5239 C] C.O. No. 09/Kol/2…

DCIT, Dehradun vs. Sh. Ramesh Batta, Dehradun

In the result, the Cross

ITA 3966/DEL/2013[2007-08]Status: DisposedITAT Delhi29 Mar 2017AY 2007-08

Bench: Shri S.V. Mehrotra & Ms. Suchitra Kambleassessment Year : 2007-08 Dcit, Central Circle, Ramesh Batta, Dehradun. Vs. 81/210, Kaulagarh Road, Dehradun.

Section 139Section 142(1)Section 143(2)Section 143(3)Section 153A(1)(a)Section 153A(1)(b)Section 288ASection 292CSection 80C

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “F”, NEW DELHI BEFORE SHRI S.V. MEHROTRA, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER Assessment Year : 2007-08 DCIT, Central Circle, Ramesh Batta, Dehradun. Vs. 81/210, Kaulagarh Road, Dehradun. PAN : ABGPB 1527 N (Appellant) (Respondent) C.O. No.242/Del/2013 (In ITA No.3966/Del/2013) Assessment Year : 2007-08 Ramesh Batta, DCIT, Central Circle, 81/210, Kaulagarh Road, Dehradun. Vs. Dehradun. PAN : ABGPB 1527 N (Appellant) (Respondent) : Department by Shri S. S. Rana, CIT(DR) : Assessee by Shri Salil Kapoor & Shri Sumit Lalchandani, Adv. Dat…