CIT v. Tarnetar Corporation

362 ITR 174High Court2014#3617 most cited

What is CIT v. Tarnetar Corporation authority for?

If there has been substantial compliance with the conditions for a deduction, minor deviations may not invalidate the deduction.

33

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Also referred to as

CIT v. Tarnetar Corporation · section 80ib(10) · section 80ib · substantial compliance · minor deviation · deduction

Also reported as

26 Taxmann.com 180

Issues it is cited on

Judgments citing CIT v. Tarnetar Corporation

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 3,, AURANGABAD vs. M/S. KASLIWAL NEST,, AURANGABAD

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

ITA 27/PUN/2019[2012-13]Status: DisposedITAT Pune16 Dec 2022AY 2012-13

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.27/Pun/2019 िनधा"रण वष" / Assessment Year: 2012-13 Dcit, Circle-3, Vs. M/S. Kasliwal Nest, Aurangabad. 215/216, 1St Floor, Building No.3, Apna Bazar, Jalna Road, Aurangabad- 431005. Pan : Aajfk5915H Appellant Respondent C.O. No.09/Pun/2022 (Arising Out Of Ita No.27/Pun/2019) िनधा"रण वष" / Assessment Year: 2012-13 M/S. Kasliwal Nest, Vs. Dcit, Circle-3, 215/216, 1St Floor, Building Aurangabad. No.3, Apna Bazar, Jalna Road, Aurangabad- 431005. Pan : Aajfk5915H Appellant Respondent Revenue By : Shri Keyur Patel Assessee By : Shri S. N. Puranik Date Of Hearing : 17.11.2022 Date Of Pronouncement : 16.12.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Revenue Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 2, Aurangabad [‘The Cit(A)’] Dated 17.10.2018 For The Assessment Year 2012-13. 2 C.O. No.09/Pun/2022 The Cross Objection Filed By The Assessee Against The Appeal Of The Revenue. 2. First, We Shall Take Up The Appeal Of The Revenue In Ita No.27/Pun/2019 For Adjudication.

For Appellant: Shri S. N. PuranikFor Respondent: Shri Keyur Patel
Section 143(3)Section 80I

…adesh High Court in the case of Global Reality (supra) is contrary to the decision of the Jurisdictional High Court in the case of Hindustan Samuh Awas Ltd. (supra) and the decision of the Hon’ble Gujarat High Court in the case of CIT vs. Tarnetar Corporation 362 ITR 174 (Gujarat) and the decision of the Hon’ble Karnataka High Court in the case of Majestic Developers (supra). The decision of Jurisdictional High Court (supra) is binding upon us, we prefer to follow the decision of the Jurisdictional High Court in the case of Dharti Enterprises (supra). Thus, we do not find any fallacy in the reasoning given by ld.…

ACIT-24(1), MUMBAI vs. M/S.ATUL PROPERTIES, MUMBAI

In the result, the appeals of revenue are dismissed

ITA 4394/MUM/2018[2011-12]Status: DisposedITAT Mumbai30 Jun 2022AY 2011-12

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. Nos. 4393 & 4394/Mum/2018 (निर्धारण वर्ा / Assessment Years:2010-11 & 2011-12) Acit-24(1) बिधम/ M/S. Atul Properties Room No.604, Piramal 501-502, Trade Avenue, Off Vs. Chambers, Lalbaug, Parel, Suren Road, Western Express Mumbai-400012. Highway, Andheri (E), Mumbai-400093. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aamfa3756F (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Rajesh Damor (Dr) Assessee By: Shri Naresh Jain/Mahaveer Jain & Ms. Carmi Shroff सुनवाई की तारीख / Date Of Hearing: 13/05/2022 घोषणा की तारीख /Date Of Pronouncement: 30/06/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeal Preferred By Revenue Against The Order Of The Ld. Cit(A)-36, Mumbai Dated 29.12.2017 For A.Y.2010-11 & 2011- 12 Respectively.

For Appellant: Shri Naresh Jain/Mahaveer Jain &For Respondent: Shri Rajesh Damor (DR)
Section 80Section 801B(10)

…n referred to above, there is scope for holding that the interpretation had inducted an element, which goes against the spirit and purpose of the Section. He also placed reliance on a judgment of Gujarat High Court in the case of CIT v. Tarnetar Corpn. [2014] 362 ITR 174/[2012] 210 Taxman 206 (Mag.)/26 taxmann.com 180 on the point. We have perused the judgment of Gujarat High Court and found that the situation before the Gujarat High Court was similar. The High Court was examining the correctness of the findings recorded by the Income Tax Appellate Tribunal. The High Court mainly placed reliance on the crucial fa…

ACIT-24(1), MUMBAI vs. M/S.ATUL PROPERTIES, MUMBAI

In the result, the appeals of revenue are dismissed

ITA 4393/MUM/2018[2010-11]Status: DisposedITAT Mumbai30 Jun 2022AY 2010-11

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. Nos. 4393 & 4394/Mum/2018 (निर्धारण वर्ा / Assessment Years:2010-11 & 2011-12) Acit-24(1) बिधम/ M/S. Atul Properties Room No.604, Piramal 501-502, Trade Avenue, Off Vs. Chambers, Lalbaug, Parel, Suren Road, Western Express Mumbai-400012. Highway, Andheri (E), Mumbai-400093. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aamfa3756F (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Rajesh Damor (Dr) Assessee By: Shri Naresh Jain/Mahaveer Jain & Ms. Carmi Shroff सुनवाई की तारीख / Date Of Hearing: 13/05/2022 घोषणा की तारीख /Date Of Pronouncement: 30/06/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeal Preferred By Revenue Against The Order Of The Ld. Cit(A)-36, Mumbai Dated 29.12.2017 For A.Y.2010-11 & 2011- 12 Respectively.

For Appellant: Shri Naresh Jain/Mahaveer Jain &For Respondent: Shri Rajesh Damor (DR)
Section 80Section 801B(10)

…n referred to above, there is scope for holding that the interpretation had inducted an element, which goes against the spirit and purpose of the Section. He also placed reliance on a judgment of Gujarat High Court in the case of CIT v. Tarnetar Corpn. [2014] 362 ITR 174/[2012] 210 Taxman 206 (Mag.)/26 taxmann.com 180 on the point. We have perused the judgment of Gujarat High Court and found that the situation before the Gujarat High Court was similar. The High Court was examining the correctness of the findings recorded by the Income Tax Appellate Tribunal. The High Court mainly placed reliance on the crucial fa…

M/S MUSTAFA ASSOCIATES,,CHANDRAPUR vs. C.I.T.-3, NAGPUR

The appeal of the appellant is allowed in term of aforestated observation

ITA 167/NAG/2015[2010-11]Status: DisposedITAT Nagpur28 Apr 2022AY 2010-11

Bench: Shri Ravish Sood & Shri Jamlappa D Battullआयकर अपील सं. / Ita No. 167/Nag/2015 आयकर िनधा"रण वष" / Assessment Year : 2010-2011 M/S Mustafa Associates, Nr Vasant Bhavan, Kasturba Rd. Chandrapur – 442 402(Maharashtra) Pan : Aalfm 6727 F . . . . . . . अपीलाथ" / Appellant बनाम / V/S. Commissioner Of Income Tax-3, Aayakar Bhavan, Nagpur – 440 001 (Mh) . . . . . . . ""यथ" / Respondent }Kjk / Appearances Assessee By : Shri S. C. Thakar Revenue By : Shri Pradeep Headoo सुनवाई क" तारीख / Date Of Conclusive Hearing : 18/02/2022 घोषणा क" तारीख / Date Of Pronouncement : 28/04/2022 आदेश / Order Per Jamlappa D Battull, Am; The Appellant Against The Revisionary Order Of Commissioner Of Income Tax-3, Nagpur [For Short “Cit”] Dt. 07/03/2015 Passed U/S 263 Of The Income-Tax Act, 1961 [For Short “The Act”], Which In Turn Dove Out Of Regular Order Of Assessment Dt. 27/11/2012 Passed U/S 143(3) Of The Act By The Income Tax Officer-Ward-2, Chandrapur [For Shot “Ao”], Filed These Appeals Before Income Tax Appellate Tribunal [For Short “The Tribunal”] U/S 253. Itat-Nagpur Page 1 Of 16

For Appellant: Shri S. C. ThakarFor Respondent: Shri Pradeep Headoo
Section 143(1)Section 143(2)Section 143(3)Section 253Section 263Section 80I

…ot be denied. In response to SCN, the appellant assessee was represented by the authorised representative and filed written submission on 16/01/2015 relying on the decision of Hon’ble Gujarat High Court in the case of “CIT Vs Tarnetor Corporation” reported at 362 ITR 174 (Guj). The bone of the submission of the appellant has been reproduced in para 5.3 of the revisionary order, which read as under; “The fact in assessee case is akin to the above cited case wherein the assessee has applied for the completion to the local authority which is deemed to be accepted as per the application laws thought formal completion…

HARSHVARDHAN CONSTRUCTIONS,MUMBAI vs. ITO 23(1)(5), MUMBAI

ITA 5225/MUM/2017[2011-12]Status: DisposedITAT Mumbai09 Jul 2020AY 2011-12

Bench: Shri M. Balaganesh & Shri Ravish Soodharshvardhan Constructions Income Tax Officer 11, Happy Home, 244 Waterfield Road; Ward 23(1)(5), 1St Floor, Vs. Bandra West, Mumbai – 400 050. Matru Mandir, Tardeo Road, Mumbai – 400 007. Pan– Aadfh6590D (Appellant) (Respondent) Income Tax Officer Vs. Harshvardhan Construvctions Ward 23(1)(5), 1St Floor , 11, Happy Home, 244 Waterfield Road; Matru Mandir, Tardeo Road, Bandra West, Mumbai – 400 050. Mumbai – 400 007. Pan– Aadfh6590D Harshvardhan Constructions Income Tax Officer 11, Happy Home, 244 Waterfield Road; Ward 23(1)(5), 1St Floor, Vs. Bandra West, Mumbai – 400 050. Matru Mandir, Tardeo Road, Mumbai – 400 007. Pan– Aadfh6590D

For Appellant: Shri Nitesh Joshi, A.RFor Respondent: Shri S.C Tiwari, CIT D.R
Section 143(3)Section 147Section 80I

…proved plan. On the basis of our aforesaid observations, we are of the considered view that as the aforesaid case is distinguishable on facts, therefore, the same would not assist the case of the assessee before us. (ii). CIT Vs. Tarnetar Corporation (2014) 362 ITR 174 (Guj) (a). In the aforesaid case, the fact that the assessee had completed the construction of the ―housing project‖ within the stipulated time period i.e well before 31.03.2008, was not in doubt. In fact, the assessee had not only completed the construction two years before the final date and had applied for the ―Building Use‖ (for short ―BU‖)…

ITO 23(1)(5), MUMBAI vs. HARSHVARDHAN CONSTRUCTIONS, MUMBAI

ITA 5912/MUM/2017[2011-12]Status: DisposedITAT Mumbai09 Jul 2020AY 2011-12

Bench: Shri M. Balaganesh & Shri Ravish Soodharshvardhan Constructions Income Tax Officer 11, Happy Home, 244 Waterfield Road; Ward 23(1)(5), 1St Floor, Vs. Bandra West, Mumbai – 400 050. Matru Mandir, Tardeo Road, Mumbai – 400 007. Pan– Aadfh6590D (Appellant) (Respondent) Income Tax Officer Vs. Harshvardhan Construvctions Ward 23(1)(5), 1St Floor , 11, Happy Home, 244 Waterfield Road; Matru Mandir, Tardeo Road, Bandra West, Mumbai – 400 050. Mumbai – 400 007. Pan– Aadfh6590D Harshvardhan Constructions Income Tax Officer 11, Happy Home, 244 Waterfield Road; Ward 23(1)(5), 1St Floor, Vs. Bandra West, Mumbai – 400 050. Matru Mandir, Tardeo Road, Mumbai – 400 007. Pan– Aadfh6590D

For Appellant: Shri Nitesh Joshi, A.RFor Respondent: Shri S.C Tiwari, CIT D.R
Section 143(3)Section 147Section 80I

…proved plan. On the basis of our aforesaid observations, we are of the considered view that as the aforesaid case is distinguishable on facts, therefore, the same would not assist the case of the assessee before us. (ii). CIT Vs. Tarnetar Corporation (2014) 362 ITR 174 (Guj) (a). In the aforesaid case, the fact that the assessee had completed the construction of the ―housing project‖ within the stipulated time period i.e well before 31.03.2008, was not in doubt. In fact, the assessee had not only completed the construction two years before the final date and had applied for the ―Building Use‖ (for short ―BU‖)…

Showing 120 of 33 · Page 1 of 2

CIT v. Tarnetar Corporation (362 ITR 174) — Cited in 33 Judgments | BharatTax