CIT v. Sairam

242 ITR 104Reported decision#12474 most cited
8

judgments rely on this decision, according to BharatTax’s citation analysis of 348,615 Indian tax judgments — from 2017 to 2022.

Judgments citing CIT v. Sairam

DCIT, Chennai vs. A.Sivasankar, Chennai

In the result, the appeals filed by the assessee in ITA Nos

ITA 953/CHNY/2017[2011-12]Status: DisposedITAT Chennai31 May 2022AY 2011-12

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.617 To 620/Chny/2017 िनधा"रण वष" /Assessment Years: 2008-09 To 2011-12 Mr.A.Sivashankar, V. The Dy. Commissioner- 1/34, Pillayar Koil Street, Of Income Tax, Ayyappan Thangal, Central Circle-Iii(1), Chennai. Chennai. [Pan: Askps 6119 E] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.S.Sridhar, AdvFor Respondent: Mr.M. Rajan, CIT
Section 143(3)

…the assessee has filed detailed written arguments as per which the AR has relied on the apex court's decisions in G.Venkataswamy Naidu & Co. (107 !TR 716), Rajputtana Textile Agency Ltd. (42 ITR 743) as well as Madras High Court's decisions in CIT Vs. Sairam (242 ITR 104) to make a case that facts and circumstances of the instant transaction should be considered before arriving at a decision to tax the income as arising out of adventure in the nature of trade. The AR has also alleged that the AO has not passed the test of establishing the burden of proof to arrive at the transaction as adventure in the nature of…

DCIT, Chennai vs. A.Sivasankar, Chennai

In the result, the appeals filed by the assessee in ITA Nos

ITA 952/CHNY/2017[2010-11]Status: DisposedITAT Chennai31 May 2022AY 2010-11

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.617 To 620/Chny/2017 िनधा"रण वष" /Assessment Years: 2008-09 To 2011-12 Mr.A.Sivashankar, V. The Dy. Commissioner- 1/34, Pillayar Koil Street, Of Income Tax, Ayyappan Thangal, Central Circle-Iii(1), Chennai. Chennai. [Pan: Askps 6119 E] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.S.Sridhar, AdvFor Respondent: Mr.M. Rajan, CIT
Section 143(3)

…the assessee has filed detailed written arguments as per which the AR has relied on the apex court's decisions in G.Venkataswamy Naidu & Co. (107 !TR 716), Rajputtana Textile Agency Ltd. (42 ITR 743) as well as Madras High Court's decisions in CIT Vs. Sairam (242 ITR 104) to make a case that facts and circumstances of the instant transaction should be considered before arriving at a decision to tax the income as arising out of adventure in the nature of trade. The AR has also alleged that the AO has not passed the test of establishing the burden of proof to arrive at the transaction as adventure in the nature of…

DCIT, Chennai vs. A.Sivasankar, Chennai

In the result, the appeals filed by the assessee in ITA Nos

ITA 951/CHNY/2017[2008-09]Status: DisposedITAT Chennai31 May 2022AY 2008-09

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.617 To 620/Chny/2017 िनधा"रण वष" /Assessment Years: 2008-09 To 2011-12 Mr.A.Sivashankar, V. The Dy. Commissioner- 1/34, Pillayar Koil Street, Of Income Tax, Ayyappan Thangal, Central Circle-Iii(1), Chennai. Chennai. [Pan: Askps 6119 E] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.S.Sridhar, AdvFor Respondent: Mr.M. Rajan, CIT
Section 143(3)

…the assessee has filed detailed written arguments as per which the AR has relied on the apex court's decisions in G.Venkataswamy Naidu & Co. (107 !TR 716), Rajputtana Textile Agency Ltd. (42 ITR 743) as well as Madras High Court's decisions in CIT Vs. Sairam (242 ITR 104) to make a case that facts and circumstances of the instant transaction should be considered before arriving at a decision to tax the income as arising out of adventure in the nature of trade. The AR has also alleged that the AO has not passed the test of establishing the burden of proof to arrive at the transaction as adventure in the nature of…

A.Sivashankar, Chennai vs. DCIT, Chennai

In the result, the appeals filed by the assessee in ITA Nos

ITA 620/CHNY/2017[2011-12]Status: DisposedITAT Chennai31 May 2022AY 2011-12

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.617 To 620/Chny/2017 िनधा"रण वष" /Assessment Years: 2008-09 To 2011-12 Mr.A.Sivashankar, V. The Dy. Commissioner- 1/34, Pillayar Koil Street, Of Income Tax, Ayyappan Thangal, Central Circle-Iii(1), Chennai. Chennai. [Pan: Askps 6119 E] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.S.Sridhar, AdvFor Respondent: Mr.M. Rajan, CIT
Section 143(3)

…the assessee has filed detailed written arguments as per which the AR has relied on the apex court's decisions in G.Venkataswamy Naidu & Co. (107 !TR 716), Rajputtana Textile Agency Ltd. (42 ITR 743) as well as Madras High Court's decisions in CIT Vs. Sairam (242 ITR 104) to make a case that facts and circumstances of the instant transaction should be considered before arriving at a decision to tax the income as arising out of adventure in the nature of trade. The AR has also alleged that the AO has not passed the test of establishing the burden of proof to arrive at the transaction as adventure in the nature of…

A.Sivashankar, Chennai vs. DCIT, Chennai

In the result, the appeals filed by the assessee in ITA Nos

ITA 619/CHNY/2017[2010-11]Status: DisposedITAT Chennai31 May 2022AY 2010-11

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.617 To 620/Chny/2017 िनधा"रण वष" /Assessment Years: 2008-09 To 2011-12 Mr.A.Sivashankar, V. The Dy. Commissioner- 1/34, Pillayar Koil Street, Of Income Tax, Ayyappan Thangal, Central Circle-Iii(1), Chennai. Chennai. [Pan: Askps 6119 E] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.S.Sridhar, AdvFor Respondent: Mr.M. Rajan, CIT
Section 143(3)

…the assessee has filed detailed written arguments as per which the AR has relied on the apex court's decisions in G.Venkataswamy Naidu & Co. (107 !TR 716), Rajputtana Textile Agency Ltd. (42 ITR 743) as well as Madras High Court's decisions in CIT Vs. Sairam (242 ITR 104) to make a case that facts and circumstances of the instant transaction should be considered before arriving at a decision to tax the income as arising out of adventure in the nature of trade. The AR has also alleged that the AO has not passed the test of establishing the burden of proof to arrive at the transaction as adventure in the nature of…

A.Sivashankar, Chennai vs. DCIT, Chennai

In the result, the appeals filed by the assessee in ITA Nos

ITA 618/CHNY/2017[2009-10]Status: DisposedITAT Chennai31 May 2022AY 2009-10

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.617 To 620/Chny/2017 िनधा"रण वष" /Assessment Years: 2008-09 To 2011-12 Mr.A.Sivashankar, V. The Dy. Commissioner- 1/34, Pillayar Koil Street, Of Income Tax, Ayyappan Thangal, Central Circle-Iii(1), Chennai. Chennai. [Pan: Askps 6119 E] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.S.Sridhar, AdvFor Respondent: Mr.M. Rajan, CIT
Section 143(3)

…the assessee has filed detailed written arguments as per which the AR has relied on the apex court's decisions in G.Venkataswamy Naidu & Co. (107 !TR 716), Rajputtana Textile Agency Ltd. (42 ITR 743) as well as Madras High Court's decisions in CIT Vs. Sairam (242 ITR 104) to make a case that facts and circumstances of the instant transaction should be considered before arriving at a decision to tax the income as arising out of adventure in the nature of trade. The AR has also alleged that the AO has not passed the test of establishing the burden of proof to arrive at the transaction as adventure in the nature of…

A.Sivashankar, Chennai vs. DCIT, Chennai

In the result, the appeals filed by the assessee in ITA Nos

ITA 617/CHNY/2017[2008-09]Status: DisposedITAT Chennai31 May 2022AY 2008-09

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita Nos.617 To 620/Chny/2017 िनधा"रण वष" /Assessment Years: 2008-09 To 2011-12 Mr.A.Sivashankar, V. The Dy. Commissioner- 1/34, Pillayar Koil Street, Of Income Tax, Ayyappan Thangal, Central Circle-Iii(1), Chennai. Chennai. [Pan: Askps 6119 E] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Mr.S.Sridhar, AdvFor Respondent: Mr.M. Rajan, CIT
Section 143(3)

…the assessee has filed detailed written arguments as per which the AR has relied on the apex court's decisions in G.Venkataswamy Naidu & Co. (107 !TR 716), Rajputtana Textile Agency Ltd. (42 ITR 743) as well as Madras High Court's decisions in CIT Vs. Sairam (242 ITR 104) to make a case that facts and circumstances of the instant transaction should be considered before arriving at a decision to tax the income as arising out of adventure in the nature of trade. The AR has also alleged that the AO has not passed the test of establishing the burden of proof to arrive at the transaction as adventure in the nature of…

ACIT, Jaipur vs. Pratima Sankhla, Jaipur

In the result, the appeal filed by the Revenue is dismissed

ITA 605/JPR/2016[2010-11]Status: DisposedITAT Jaipur13 Oct 2017AY 2010-11
For Appellant: Shri P.C. Parwal, CAFor Respondent: Shri Varinder Mehta, CIT - DR fu/kZkfjrh dh vksj ls@
Section 54B

…so support the case of assessee. (a) M/s. SKM Construction Pvt. Ltd (ITAT Mumbai) 2011-TIOL-470 (b) Saroj Kumar Majumdar (SC) (37 ITR 242) (c) Janki Ram Badhurram (SC) (57 ITR 21) (d) Michael A Kallivayalil (Kerala) 102 ITR 202 (e) Sairam (2002) (Madras) 242 ITR 104 On similar facts and circumstances in case of Shri Ashok Sankhala (husband of assessee) in A.Y. 2010-11 (ITA No.877/2011- 12), he has been treated as investor, not being indulged in the business of real estate. Therefore, considering all these facts and case laws relied upon the claim of assessee that she, being an investor, is accepted. Assesse…