CIT v. Sunil Kumar

212 ITR 238High Court1996#948 most cited

What is CIT v. Sunil Kumar authority for?

The decision of the jurisdictional High Court is binding on Income Tax Authorities and the Tribunal within its jurisdiction. Contrary decisions from other High Courts are not relevant, and a point decided by the jurisdictional High Court can no longer be considered a debatable issue.

112

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2018 to 2026.

Also referred to as

CIT v. Sunil Kumar · Sunil Kumar · jurisdictional High Court · binding precedent · Income Tax Authorities · Income Tax Tribunal · conflicting High Court judgments · debatable issue · Section 148 · Section 68 · Section 10(38) · Section 147

Issues it is cited on

Judgments citing CIT v. Sunil Kumar

Apollo International Ltd., New Delhi vs. DCIT, Circle- 3(1), New Delhi

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

ITA 6088/DEL/2017[2013-14]Status: DisposedITAT Delhi31 Jan 2020AY 2013-14

Bench: Ms Sushma Chowla & Shri R.K. Pandaassessment Year: 2013-14 Apollo International Ltd., Vs. Dcit, 303, Dlf Court Yard, Circle-3(1), Saket, New Delhi. New Delhi Pan: Aaaca6447N Assessee By : Shri Manu K. Giri, Advocate Deptt. By : Shri Sanjog Kapoor, Sr. Dr (Appellants) (Respondents) Date Of Hearing : 28.11.2019 Date Of Pronouncement : 31.01.2020 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 1St August, 2017 Of The Cit(A)-1, New Delhi, Relating To Assessment Year 2013-14. 2. The Only Effective Ground Raised By The Assessee Reads As Under:- “1. The Learned Assessing Officer Has Erred In Disallowing An Amount Of Rs.37,32,000/- Under Section 14A Of The Act Read With Rule 8D Of The Income- Tax.” 3. The Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Manufacturing & Trading Of Export Of Tyres, Tubes, Flaps, Leather Garments & Leather Accessories, Etc. It Filed Its Return Of Income On 29.11.2013 Declaring A Loss Of Rs.9,47,07,931/-. The Ao In The Order Passed U/S 143(3) Made Disallowance Of Rs.37,32,000/- On The Ground That The Assessee Has Suo Motu Disallowed A Sum Of Rs.8,17,000/- Only As Against The Disallowance As Per Section 14A Of The Act R.W. Rule 8D Of The Income-Tax Rules, 1962 Which Comes To Rs.45,49,000/-.

For Appellant: Shri Manu K. Giri, Advocate
Section 10(34)Section 143(3)Section 14ASection 57

…ervision should conform to the law laid down by it. Such obedience would also be conducive to their smooth working; otherwise there would be confusion in the administration of law and respect for law would irretrievably suffer," (ii) CIT v. Svnil Kumar (1995) 212 ITR 238 (Raj.), it was observed as under: "The point which has been raised could have been considered to be debatable because other High Courts have taken a different view. But since the view taken by this court is binding on the Tribunal and other authorities under the Act in this State, it could not be considered to be a debatable point in view of the…