CIT v. Sri Balaji & Co.

246 ITR 750Reported decision#23936 most cited
3

judgments rely on this decision, according to BharatTax’s citation analysis of 357,294 Indian tax judgments — from 2015 to 2016.

Judgments citing CIT v. Sri Balaji & Co.

M/S Elite Enterprises vs. ITO

In the result, the appeal of the assessee is allowed

ITA 1738/BANG/2013[2007-08]Status: DisposedITAT Bangalore26 Aug 2016AY 2007-08

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri Balram R Rao, AdvocateFor Respondent: Shri Sunil Kumar Agarwal, JCIT (D.R)
Section 43B

…lowing the accounting system wherein 8 the kist payment, interest on kist and license fees have been accounted on payment basis. It is pertinent to note that prior to the judgment of Hon'ble jurisdictional High Court in the case of CIT Vs. Sri Balaji & Co. 246 ITR 750 the revenue has been consistently taking a stand that the kist payment comes under the purview of section 43B and accordingly was disallowing the claim on accrual basis. Therefore prior to the said decision the revenue as well as the assessee were under the belief that the provisions of section 43B are applicable on kist payment. Even the depar…

Commnr. of Income Tax, Kerala vs. M/S. Travancore Sugars & Chemicals Ltd

The appeal stands disposed of in

C.A. No.-002558-002558 - 2005Supreme Court07 May 2015

Bench: The Expiry Of The Relevant Previous Year. On 30.04.1993, The Assessing Officer Completed The Assessment For The Year 1990-1991 & Inter Alia Confirmed Disallowance Of The Vend Fee. Against This, The Assessee Preferred An Appeal Before The Commissioner Of Income Tax (Appeals), Who, By His Order Dated 24.05.1993, Deleted The Disallowance Under Section 43B & Allowed The Appeal Of The Respondent-Assessee. Aggrieved By The Said Order, The Revenue Preferred An C. A. No. 2558/ 2005 1

Section 256(1)Section 28Section 36Section 43B

…ood in the legislative lists in the Seventh Schedule to the Constitution of India or it is called by some other name would not make any difference. Further, he argued before us that reliance placed on a judgment of the Karnataka High Court reported in 246 ITR 750 in the year 2000 'Commissioner of Income Tax v. Sri Balaji and Co.' was also misplaced inasmuch as the Karnataka High Court, in holding that kist or rentals paid to the Government in respect of vending, toddy/ arracks is not a duty, tax, cess or fee so held only because this case pertains to a period prior to the amendment made with effect from…

Commnr. of Income Tax, Kerala vs. M/S. Travancore Sugars & Chemicals Ltd

The appeal stands disposed of in

C.A. No.-002558-002558 - 2005Supreme Court07 May 2015

Bench: The Expiry Of The Relevant Previous Year. On 30.04.1993, The Assessing Officer Completed The Assessment For The Year 1990-1991 & Inter Alia Confirmed Disallowance Of The Vend Fee. Against This, The Assessee Preferred An Appeal Before The Commissioner Of Income Tax (Appeals), Who, By His Order Dated 24.05.1993, Deleted The Disallowance Under Section 43B & Allowed The Appeal Of The Respondent-Assessee. Aggrieved By The Said Order, The Revenue Preferred An C. A. No. 2558/ 2005 1

Section 256(1)Section 28Section 36Section 43B

…ood in the legislative lists in the Seventh Schedule to the Constitution of India or it is called by some other name would not make any difference. Further, he argued before us that reliance placed on a judgment of the Karnataka High Court reported in 246 ITR 750 in the year 2000 'Commissioner of Income Tax v. Sri Balaji and Co.' was also misplaced inasmuch as the Karnataka High Court, in holding that kist or rentals paid to the Government in respect of vending, toddy/ arracks is not a duty, tax, cess or fee so held only because this case pertains to a period prior to the amendment made with effect from…

CIT v. Sri Balaji & Co. (246 ITR 750) — Cited in 3 Judgments | BharatTax