CIT v. Mahendra N. Shah

280 ITR 462High Court2006#17579 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2019 to 2024.

Sections most often in play

Section 28Section 36(1)(vii)Section 36(2)Section 37Section 37(1)Section 80JJAA

Issues it is cited on

section 28(i)section 36(2)section 36(1)(vii)commercial expediencysection 28section 36(1)section 37(1)section 36section 37opportunity of being heardbusinesscompany

Judgments citing CIT v. Mahendra N. Shah

MATRIX CLOTHING PVT.LTD.,GURGAON vs. ACIT, SPECIAL RANGE-6, NEW DELHI

In the result, the appeal of the assessee in ITA No

ITA 8183/DEL/2019[2016-17]Status: DisposedITAT Delhi05 Feb 2024AY 2016-17

Bench: Shri Saktijit Dey & Shri N.K. Billaiya

For Appellant: Shri Salil Aggarwal, Sr. AdvFor Respondent: Shri Vipul Kashyap, Sr. DR
Section 28Section 36(2)Section 80J

…C) wherein it is held that business losses are allowable on ordinary commercial principles of computing profits, provided they are of non-capital nature. Reliance was also placed on the decisions of Hon’ble Gujrat High Court in CIT vs. Mahendra N. Shah (2006) 280 ITR 462(Guj); decision of Hon’ble Calcutta High Court in Turner Morrison & Co. Ltd. (2001) 245 ITR 724 (Cal); decision of ITAT Hyderabad in Gulf Oil Corporation Ltd. vs. ACIT (2012) 24 taxman.com 325 and decision of Hon’ble Bombay High Court in DI (International Taxation) vs. Deutche Bank ITA Nos. 6072 & 6073/Del/2019 8 AG (2014) 48 taxmann.com 323 (Bom.…

MATRIX CLOTHING PVT. LTD.,GURGAON vs. ADDL. CIT, SPL. RANGE- 6, NEW DELHI

In the result, the appeals of the assessee are treated as allowed for statistical purposes for both the AYs 2014-15 and 2015-16 subject to directions contained in para 11 above

ITA 6073/DEL/2019[2015-16]Status: DisposedITAT Delhi13 Sept 2023AY 2015-16

Bench: Shri Shamim Yahya & Ms. Astha Chandra

For Appellant: Shri Salil Aggarwal, Sr. AdvocateFor Respondent: Ms. Smita Singh, Sr. DR
Section 28Section 36(2)

…aim as business loss are irrelevant and is without considering the provisions of the Act. Ed. CIT (A) also accepted that the issue stands covered in the favour of assessee by the decision of Hon'ble Gujarat High Court in the case of Manohar N Shah reported in 280 ITR 462. We have perused the said decision of the Hon'ble Gujarat High Court, and it is observed that the loss proved to have been arisen during the year which was actually a business loss. 4.9 Therefore we are inclined to reverse the findings of Ld. CIT (A) and restore the order of Ld. 4.10. Accordingly this ground raised by revenue stands allowed." Th…

MATRIX CLOTHING PVT. LTD.,GURGAON vs. ADDL. CIT, SPL. RANGE- 6, NEW DELHI

In the result, the appeals of the assessee are treated as allowed for statistical purposes for both the AYs 2014-15 and 2015-16 subject to directions contained in para 11 above

ITA 6072/DEL/2019[2014-15]Status: DisposedITAT Delhi13 Sept 2023AY 2014-15

Bench: Shri Shamim Yahya & Ms. Astha Chandra

For Appellant: Shri Salil Aggarwal, Sr. AdvocateFor Respondent: Ms. Smita Singh, Sr. DR
Section 28Section 36(2)

…aim as business loss are irrelevant and is without considering the provisions of the Act. Ed. CIT (A) also accepted that the issue stands covered in the favour of assessee by the decision of Hon'ble Gujarat High Court in the case of Manohar N Shah reported in 280 ITR 462. We have perused the said decision of the Hon'ble Gujarat High Court, and it is observed that the loss proved to have been arisen during the year which was actually a business loss. 4.9 Therefore we are inclined to reverse the findings of Ld. CIT (A) and restore the order of Ld. 4.10. Accordingly this ground raised by revenue stands allowed." Th…

SHRI JALILUDDIN JUMMAT ALI SHEKH,RAJKOT vs. THE ACIT-CENTRAL CIRCLE-2,, RAJKOT

In the result, the appeal filed by the assessee is allowed

ITA 162/RJT/2022[2018-19]Status: DisposedITAT Rajkot11 Jan 2023AY 2018-19

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

For Appellant: Shri Fenil H. Mehta, A.RFor Respondent: Shri Shramdeep Sinha, CIT. D.R
Section 132Section 153C

…IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER, And SHRI T.R. SENTHIL KUMAR, JUDICIAL MEMBER आयकरअपीलसं./ITA No. 162/Rjt/2022 "नधा"रणवष"/Asstt. Years:2018-2019 Jaliluddin Jummat Ali Shekh, A.C.I.T, Office No.302, Vs. Central Circle-2, Kamdhenu Commercial Complex, Rajkot. Raghuvir Para Street No.7, Opp. Bank of Maharashtra, Dhebar Road, Oneway, Rajkot. PAN: BYFPS8402Q Assessee by : Shri Fenil H. Mehta, A.R Revenue by : Shri Shramdeep Sinha, CIT. D.R सुनवाईक"तार"ख/Date of Hearing : 06/12/2022 घोषणाक"तार"ख/Date of Pronouncement: 11/01/2023 आदेश/O R D E…

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, AHMEDABAD vs. M/S. AMBA TOWNSHIP PVT. LTD.,, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

ITA 1361/AHD/2017[2011-12]Status: DisposedITAT Ahmedabad29 Mar 2019AY 2011-12
For Appellant: Shri
Section 68

…O is under the obligation to share the information with the assessee which he is going to use against the assessee. Regarding this we find support and guidance from the judgment of Hon’ble Gujarat High Court in the case of CIT vs. Mahendra N. Shah reported in 280 ITR 462 wherein it was held as under: “The Tribunal has also noted the fact that the bank official had been summoned and examined by the Assessing Officer, but behind the back of the assessee and in the circumstances, the said evidence could not be considered.” 13.11 It is also important to note that the AO has not received any information under the DTA…

CIT v. Mahendra N. Shah (280 ITR 462) — Cited in 5 Judgments | BharatTax