CIT v. Sahara India Corporation Ltd.

296 ITR 295High Court2000#10478 most cited

What is CIT v. Sahara India Corporation Ltd. authority for?

The revenue cannot take a different view on the taxability of amounts previously accepted as not taxable under Section 36(1)(iii) in subsequent assessment years.

10

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2013 to 2015.

Also referred to as

CIT v. Sahara India Corporation Ltd. · 296 ITR 295 · section 36(1)(iii) · disallowance of interest expenditure · interest free advances · commercial expediency · business connection · scrutiny assessment · previous year · transfer

Issues it is cited on

interest free advancesdisallowance of interest expenditurebusiness connectionsection 36(1)(iii)commercial expediencysection 36(1)section 37(1)section 36section 37scrutiny assessmentprevious yeartransfer

Judgments citing CIT v. Sahara India Corporation Ltd.

Commissioner of Income Tax (C) - III vs. M/S Dd Industries Ltd

ITA - 518 / 2013HC Delhi13 Mar 2015
Section 36

…assessee’s plea in this regard and not brought the amounts to tax under Section 36 (1) (iii), there was no question of its being brought to tax for the three assessment years in question. Applying the ratio in CIT v. Sahara India Corporation Ltd, (2000) 296 ITR 295 (Del), it is held that the Revenue could not have taken a different view for these three years, particularly, when advances were not made at this time without any conclusion that in fact general reserves, surpluses and other funds were not available. The Court here also notices that several decisions were relied upon by 2015:DHC:2476-DB…

Commissioner of Income Tax (C) -III vs. M/S Dd Industries Ltd

ITA - 516 / 2013HC Delhi13 Mar 2015
Section 36

…assessee’s plea in this regard and not brought the amounts to tax under Section 36 (1) (iii), there was no question of its being brought to tax for the three assessment years in question. Applying the ratio in CIT v. Sahara India Corporation Ltd, (2000) 296 ITR 295 (Del), it is held that the Revenue could not have taken a different view for these three years, particularly, when advances were not made at this time without any conclusion that in fact general reserves, surpluses and other funds were not available. The Court here also notices that several decisions were relied upon by 2015:DHC:2476-DB…

Commissioner of Income Tax (C) - III vs. M/S Dd Industries Ltd

ITA - 512 / 2013HC Delhi13 Mar 2015
Section 36

…assessee’s plea in this regard and not brought the amounts to tax under Section 36 (1) (iii), there was no question of its being brought to tax for the three assessment years in question. Applying the ratio in CIT v. Sahara India Corporation Ltd, (2000) 296 ITR 295 (Del), it is held that the Revenue could not have taken a different view for these three years, particularly, when advances were not made at this time without any conclusion that in fact general reserves, surpluses and other funds were not available. The Court here also notices that several decisions were relied upon by 2015:DHC:2476-DB…

Commissioner of Income Tax (C) -III vs. M/s Dd Industries Ltd

ITA/518/2013HC Delhi13 Mar 2015
Section 36

…assessee’s plea in this regard and not brought the amounts to tax under Section 36 (1) (iii), there was no question of its being brought to tax for the three assessment years in question. Applying the ratio in CIT v. Sahara India Corporation Ltd, (2000) 296 ITR 295 (Del), it is held that the Revenue could not have taken a different view for these three years, particularly, when advances were not made at this time without any conclusion that in fact general reserves, surpluses and other funds were not available. The Court here also notices that several decisions were relied upon by 2015:DHC:2476-DB…

Commissioner of Income Tax (C) -III vs. M/s Dd Industries Ltd

ITA/516/2013HC Delhi13 Mar 2015
Section 36

…assessee’s plea in this regard and not brought the amounts to tax under Section 36 (1) (iii), there was no question of its being brought to tax for the three assessment years in question. Applying the ratio in CIT v. Sahara India Corporation Ltd, (2000) 296 ITR 295 (Del), it is held that the Revenue could not have taken a different view for these three years, particularly, when advances were not made at this time without any conclusion that in fact general reserves, surpluses and other funds were not available. The Court here also notices that several decisions were relied upon by 2015:DHC:2476-DB…

Commissioner of Income Tax (C) -III vs. M/s Dd Industries Ltd

ITA/519/2013HC Delhi13 Mar 2015
Section 36

…assessee’s plea in this regard and not brought the amounts to tax under Section 36 (1) (iii), there was no question of its being brought to tax for the three assessment years in question. Applying the ratio in CIT v. Sahara India Corporation Ltd, (2000) 296 ITR 295 (Del), it is held that the Revenue could not have taken a different view for these three years, particularly, when advances were not made at this time without any conclusion that in fact general reserves, surpluses and other funds were not available. The Court here also notices that several decisions were relied upon by 2015:DHC:2476-DB…

Commissioner of Income Tax (C) -III vs. M/s Dd Industries Ltd

ITA/526/2013HC Delhi13 Mar 2015
Section 36

…assessee’s plea in this regard and not brought the amounts to tax under Section 36 (1) (iii), there was no question of its being brought to tax for the three assessment years in question. Applying the ratio in CIT v. Sahara India Corporation Ltd, (2000) 296 ITR 295 (Del), it is held that the Revenue could not have taken a different view for these three years, particularly, when advances were not made at this time without any conclusion that in fact general reserves, surpluses and other funds were not available. The Court here also notices that several decisions were relied upon by 2015:DHC:2476-DB…

Commissioner of Income Tax (C) -III vs. M/s Dd Industries Ltd

ITA/517/2013HC Delhi13 Mar 2015
Section 36

…assessee’s plea in this regard and not brought the amounts to tax under Section 36 (1) (iii), there was no question of its being brought to tax for the three assessment years in question. Applying the ratio in CIT v. Sahara India Corporation Ltd, (2000) 296 ITR 295 (Del), it is held that the Revenue could not have taken a different view for these three years, particularly, when advances were not made at this time without any conclusion that in fact general reserves, surpluses and other funds were not available. The Court here also notices that several decisions were relied upon by 2015:DHC:2476-DB…

Commissioner of Income Tax (C) -III vs. M/s Dd Industries Ltd

ITA/512/2013HC Delhi13 Mar 2015
Section 36

…assessee’s plea in this regard and not brought the amounts to tax under Section 36 (1) (iii), there was no question of its being brought to tax for the three assessment years in question. Applying the ratio in CIT v. Sahara India Corporation Ltd, (2000) 296 ITR 295 (Del), it is held that the Revenue could not have taken a different view for these three years, particularly, when advances were not made at this time without any conclusion that in fact general reserves, surpluses and other funds were not available. The Court here also notices that several decisions were relied upon by 2015:DHC:2476-DB…

The Commissioner of Income Tax - Central vs. M/s. Himagiri Biotech Pvt. Ltd

ITTA/526/2013HC Telangana30 Oct 2013
CIT v. Sahara India Corporation Ltd. (296 ITR 295) — Cited in 10 Judgments | BharatTax