CIT v. Thana Electricity Supply Ltd.

206 ITR 727High Court1994#323 most cited

What is CIT v. Thana Electricity Supply Ltd. authority for?

The law declared by the Supreme Court is binding on all courts in India, and decisions of a High Court are binding on subordinate courts and tribunals within its jurisdiction but not on courts or tribunals outside its jurisdiction.

260

judgments rely on this decision, according to BharatTax’s citation analysis of 367,368 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Thana Electricity Supply Ltd. · 206 ITR 727 · 1994 · Bombay High Court · binding precedent · judicial hierarchy · High Court decisions · non-jurisdictional High Court · Income Tax Act 1961 · ITAT

Sections most often in play

Section 143(3)Section 142(1)Section 1961Section 147Section 1894Section 194ASection 143(1)Section 56(2)(viii)

Issues it is cited on

section 2(viii)section 56(viii)section 45(5)(c)section 155(16)undisclosed foreign income and assetssection 23(1a)section 45(5)(b)section 104section 145b(1)section 149(1)(c)section 194lakeyman insurance

Judgments citing CIT v. Thana Electricity Supply Ltd.

Sri. M N Sheshagiri, Mysuru vs. Income Tax Officer, Ward- 2(3), Mysore

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 2203/BANG/2019[2012-13]Status: DisposedITAT Bangalore27 Jan 2020AY 2012-13

Bench: Shri Chandra Poojari

For Appellant: Sri.Ravi Shankar, AdvocateFor Respondent: Sri.Ganesh R.Ghale, Standing Council for DR
Section 139(1)Section 139(5)Section 142(1)Section 234BSection 251(1)Section 54

…e added to or substituted so as to give a meaning to the statute which will serve the spirit and intention of. the Legislature .....” (emphasis supplied) 6.1 He further relied on another judgment of the Hon’ble Supreme Court in the case of Thana Electricity (206 ITR 727) had observed as under:- “If the provision of a taxing statute can be reasonably interpreted in two ways, that interpretation which is favourable to the assessee has got to be accepted. This is a well-accepted view of law. It is the satisfaction of the court interpreting the law that the language of the taxing statute is ambiguous or reasonably c…

Yamuna Khadar Shiksha Samiti, Delhi vs. ITO, TDS, Muzaffarnagar

In the result, all the Eleven appeals filed by the Assessee stands allowed

ITA 6259/DEL/2018[2015-16]Status: DisposedITAT Delhi15 Jan 2020AY 2015-16

Bench: Shri H. S. Sidhu & Before Shri A.N. Misshra

For Appellant: Sh. Gautam Acharya, C.AFor Respondent: Sh. Saras Kumar, Sr. DR
Section 200ASection 234E

…is legal or illegal and had not touched upon the mechanism to levy the fees. In this regard, the learned Authorized Representative for the assessee referred to the ratio laid down by the Hon'ble Bombay High Court in CIT v. Thana Electricity Supply Ltd. [1994] 206 ITR 727, wherein while explaining the principle of obiter dicta it was pointed out that casual representation in order would not decide the order in one way or the other. The learned Authorized Representative for the assessee pointed out that the provisions of section 200A of the Act were inserted earlier. However, section 234E of the Act was inserted la…

Yamuna Khadar Shiksha Samiti, Delhi vs. ITO, TDS, Muzaffarnagar

In the result, all the Eleven appeals filed by the Assessee stands allowed

ITA 6258/DEL/2018[2014-15]Status: DisposedITAT Delhi15 Jan 2020AY 2014-15

Bench: Shri H. S. Sidhu & Before Shri A.N. Misshra

For Appellant: Sh. Gautam Acharya, C.AFor Respondent: Sh. Saras Kumar, Sr. DR
Section 200ASection 234E

…is legal or illegal and had not touched upon the mechanism to levy the fees. In this regard, the learned Authorized Representative for the assessee referred to the ratio laid down by the Hon'ble Bombay High Court in CIT v. Thana Electricity Supply Ltd. [1994] 206 ITR 727, wherein while explaining the principle of obiter dicta it was pointed out that casual representation in order would not decide the order in one way or the other. The learned Authorized Representative for the assessee pointed out that the provisions of section 200A of the Act were inserted earlier. However, section 234E of the Act was inserted la…

Yamuna Khadar Shiksha Samiti, Delhi vs. ITO, TDS, Muzaffarnagar

In the result, all the Eleven appeals filed by the Assessee stands allowed

ITA 6257/DEL/2018[2013-14]Status: DisposedITAT Delhi15 Jan 2020AY 2013-14

Bench: Shri H. S. Sidhu & Before Shri A.N. Misshra

For Appellant: Sh. Gautam Acharya, C.AFor Respondent: Sh. Saras Kumar, Sr. DR
Section 200ASection 234E

…is legal or illegal and had not touched upon the mechanism to levy the fees. In this regard, the learned Authorized Representative for the assessee referred to the ratio laid down by the Hon'ble Bombay High Court in CIT v. Thana Electricity Supply Ltd. [1994] 206 ITR 727, wherein while explaining the principle of obiter dicta it was pointed out that casual representation in order would not decide the order in one way or the other. The learned Authorized Representative for the assessee pointed out that the provisions of section 200A of the Act were inserted earlier. However, section 234E of the Act was inserted la…

Lawmen Concepts Pvt. Ltd., Mumbai vs. DCIT-CPC-TDS, Mumbai

In the result, the appeal stands allowed to the extent indicated in the order

ITA 5140/MUM/2018[2014-15]Status: DisposedITAT Mumbai10 Jan 2020AY 2014-15

Bench: Hon’Ble Shri Vikas Awasthy, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri Michael Jerald-Sr.DR
Section 200ASection 234E

…e taken in terms of the decision of Hon’ble Supreme Court rendered in CIT V/s Vegetable products Ltd. (1972 88 ITR 192). 2.2 The learned CIT(A), going by the law of stare decisis as explained by Hon’ble Bombay High Court in CIT V/s Thana Electric Supply Ltd. (206 ITR 727) concluded that in case of conflicting ITA No.5140-43/Mum/2018 Lawmen Concepts Private Limited Assessment Year-2014-15 decisions of co-ordinate jurisdiction, the later decision is to be preferred if it was reached after full consideration of the earlier decisions and therefore, upheld the levy of fees u/s 234E. Since the decision of Hon’ble Guja…

Sant Sopankaka Sahakari Bank Ltd., Saswad, Pune vs. Deputy Commissioner of Income-Tax

In the result, the appeal of assessee is allowed

ITA 215/PUN/2016[2012-13]Status: DisposedITAT Pune20 Dec 2019AY 2012-13

Bench: Shri Anil Chaturvedi, Am & Shri Partha Sarathi Chaudhury, Jm

For Appellant: Ms. Mayuri KulkarniFor Respondent: Shri Houshang Boman Irani
Section 143(3)Section 36(1)(viia)

…y the High Court, though of a different State, so long as there is no contrary decision on that issue by any other High Court....” 26. The Tribunal had also referred to the decision of Hon’ble Bombay High Court in CIT Vs. Thana Electricity Supply Ltd. (1994) 206 ITR 727 (Bom), wherein the limited question was whether or not the decision of one of the High Court was binding on another High Court. The Tribunal in this regard observed as under:- “10. In this light, and bearing in mind the fact that limited question before. Their Lordships was whether or not decision of one of the High Court's is binding on another…

National Laminate Corporation, Mumbai vs. CPC (TDS), Mumbai

In the result, all the appeals of assessee are allowed

ITA 4902/MUM/2018[2013-14]Status: DisposedITAT Mumbai10 Dec 2019AY 2013-14

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am

For Appellant: NoneFor Respondent: Ms. Kavita P. Kaushik – Ld. DR
Section 200(3)Section 200ASection 200A(1)Section 234E

…rendered in CIT V/s Vegetable products Ltd. (1972 88 ITR 192). 4 Assessment Year :2013-14 National Laminate Corporation 2.2 The learned CIT(A), going by the law of stare decisis as explained by Hon’ble Bombay High Court in CIT V/s Thana Electric Supply Ltd. (206 ITR 727) concluded that in case of conflicting decisions of co- ordinate jurisdiction, the later decision is to be preferred if it was reached after full consideration of the earlier decisions and therefore, upheld the levy of fees u/s 234E. Since the decision of Hon’ble Gujarat High Court was later in point of time and rendered after consideration of ea…

Iss Shipping India Pvt. Ltd., (As Agent for Maersk Tankers Singapore Pte. Ltd., Singapore), Navi Mumbai vs. Dy. Commr. of Income Tax ( International Taxation), Rajkot

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 430/RJT/2018[2017-18]Status: DisposedITAT Rajkot21 Nov 2019AY 2017-18
For Appellant: Shri Porus Kaka, A.RFor Respondent: Shri Jitendra Kumar, CIT-D.R
Section 172(3)Section 172(4)

…East India Commercial Co. Ltd. vs Collector of Customs, AIR 1962 SC 180.1 (SC) (c) Baradhuiita Misltra vs. Bhimsen Dixit, AIR 1972 SC 2466 (SC) (d) Devi Karunariamman Educational Trust Vs OCIT(233 Taxman 420)(Mad) (e) CIT vs. Thana Electricity Supply Limited (206 ITR 727)(Bom) (iii) As per Article 8 of the DTAA between India and Singapore shipping profits taxable only in the state of tax residency. Thus, it is clear that taxing rights are given exclusively to the state of residence, In the case of Singapore companies like M/s Maersk Tankers Singapore Pte, Ltd, the exclusive rights to tax shipping profits lies wit…

Iss Shipping India Pvt. Ltd., (As Agent for Maersk Tankers Singapore Pte. Ltd., Singapore), Navi Mumbai vs. Dy. Commr. of Income Tax ( International Taxation), Rajkot

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 429/RJT/2018[2017-18]Status: DisposedITAT Rajkot21 Nov 2019AY 2017-18
For Appellant: Shri Porus Kaka, A.RFor Respondent: Shri Jitendra Kumar, CIT-D.R
Section 172(3)Section 172(4)

…East India Commercial Co. Ltd. vs Collector of Customs, AIR 1962 SC 180.1 (SC) (c) Baradhuiita Misltra vs. Bhimsen Dixit, AIR 1972 SC 2466 (SC) (d) Devi Karunariamman Educational Trust Vs OCIT(233 Taxman 420)(Mad) (e) CIT vs. Thana Electricity Supply Limited (206 ITR 727)(Bom) (iii) As per Article 8 of the DTAA between India and Singapore shipping profits taxable only in the state of tax residency. Thus, it is clear that taxing rights are given exclusively to the state of residence, In the case of Singapore companies like M/s Maersk Tankers Singapore Pte, Ltd, the exclusive rights to tax shipping profits lies wit…

Apollo International Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeal of the assesse is partly allowed

ITA 6118/DEL/2016[2012-13]Status: DisposedITAT Delhi14 Aug 2019AY 2012-13

Bench: Shri T.S. Kapoor & Shri Amit Shukla

For Appellant: Shri Manu Kr. Giri, AdvFor Respondent: Shri Mithun Sethi, Sr.D.R
Section 10(34)Section 143(3)Section 14ASection 57

…ory jurisdiction of Hon'ble High Court. The decisions rendered by Hon'ble High Court are binding on all subordinate courts working within its jurisdiction. In this regard we may refer to the following decisions: (i) CIT v. Thana Electricity Supply Ltd. (1994) 206 ITR 727 (Bom.), wherein on the issue of "whose decision-is binding on whom", the. ITA No.9/Del/2015 Hon'ble Bombay Court considered in detail the hierarchy of the courts and has observed as under: "It is also well-settled that though there is no specific provision making the law declared by the High Court binding on subordinate courts, it is implicit in…

Abheraj Baldota Foundation, Hospet vs. Deputy Commissioner of Income Tax Circle-1, Bellary

In the result, both the appeals of the assessee are dismissed

ITA 947/BANG/2017[2008-09]Status: DisposedITAT Bangalore26 Jul 2019AY 2008-09

Bench: Shri B.R Baskaran & Smt. Beena Pillai

For Appellant: Smt. Tanmayee Rajkumar, AdvocateFor Respondent: Shri R.N Siddappaji, Addl. CIT (DR)
Section 11Section 11(2)Section 11(3)Section 143(1)Section 143(3)Section 154

…nt view was expressed by the Hon'ble Calcutta High Court in [1993] 199 ITR 215 (Cal.) (supra) in a later decision. Under these circumstances, and in the light of the decision of the Hon'ble Bombay High Court in the case of CIT v. Thane Elec. Supply Co. [1994] 206 ITR 727 (Bom.) at 738 we hold that the assessee is not entitled to the benefit of accumulation of deemed income which is taxable under section 11(3) of the Act. 12. The assessee relied upon certain decisions in support of its contention that a legal fiction has to be carried to its logical conclusion. We fully agree with this proposition that a legal fic…

Apollo International Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeal of the assessee is partly allowed

ITA 9/DEL/2015[2010-11]Status: DisposedITAT Delhi12 Apr 2019AY 2010-11

Bench: Shri H.S. Sidhu & Shri O.P. Kantassessment Year: 2010-11 M/S. Apollo International Vs. Deputy Commissioner Of Ltd., Income Tax, Office No. 303, 3Rd Floor, Dlf Circle-3(1), C.R. Building, Courtyard, Saket, New Delhi New Delhi Pan :Aaaca6447N (Appellant) (Respondent) Appellant By Shri Manu K. Giri, Adv. Respondent By Shri Sanjay I. Bara, Cit(Dr)

Section 143(2)Section 14ASection 92CSection 92C(2)

…ory jurisdiction of Hon'ble High Court. The decisions rendered by Hon'ble High Court are binding on all subordinate courts working within its jurisdiction. In this regard we may refer to the following decisions: (i) CIT v. Thana Electricity Supply Ltd. (1994) 206 ITR 727 (Bom.), wherein on the issue of "whose decision-is binding on whom", the. 8 Hon'ble Bombay Court considered in detail the hierarchy of the courts and has observed as under: "It is also well-settled that though there is no specific provision making the law declared by the High Court binding on subordinate courts, it is implicit in the power of su…

M/S Brigade Enterprises Ltd, Bangalore vs. Deputy Commissioner of Income Tax Circle-1(1)(2), Bangalore

In the result, the assessee’s appeals for assessment years 2008-09 to 2010-11 are partly allowed for statistical purposes

ITA 530/BANG/2018[2010-11]Status: DisposedITAT Bangalore08 Feb 2019AY 2010-11

Bench: Shri Jason P Boaz & Shri Pavan Kumar Gadale

For Appellant: Shri. B. R. Sudheendra, CAFor Respondent: Shri. R. N. Siddappaji, Addl. CIT
Section 143(3)Section 14A

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH : BANGALORE BEFORE SHRI JASON P BOAZ, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA Nos.528 to 530/Bang/2018 Assessment years : 2008-09, 2009-10, 2010-11 M/s. Brigade Enterprises Ltd., Vs. The Deputy Commissioner of 29th & 30th Floors, Income Tax, World Trade Centre, Circle – 1(1)(2), Brigade Gateway Campus, Bangalore. 26/1, Dr. Rajkumar Road, Malleshwaram, Rajajinagar, Bangalore – 560 055. PAN: AAACB 7459 F APPELLANT RESPONDENT Appellant by : Shri. B. R. Sudheendra, CA Respondent by : Shri. R. N. Siddappaji, Addl. CIT Date of hearing : 09.01…

Brigade Enterprises Ltd, Bangalore vs. Deputy Commissioner of Income Tax Circle-1(1)(2), Bangalore

In the result, the assessee’s appeals for assessment years 2008-09 to 2010-11 are partly allowed for statistical purposes

ITA 529/BANG/2018[2009-10]Status: DisposedITAT Bangalore08 Feb 2019AY 2009-10

Bench: Shri Jason P Boaz & Shri Pavan Kumar Gadale

For Appellant: Shri. B. R. Sudheendra, CAFor Respondent: Shri. R. N. Siddappaji, Addl. CIT
Section 143(3)Section 14A

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH : BANGALORE BEFORE SHRI JASON P BOAZ, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA Nos.528 to 530/Bang/2018 Assessment years : 2008-09, 2009-10, 2010-11 M/s. Brigade Enterprises Ltd., Vs. The Deputy Commissioner of 29th & 30th Floors, Income Tax, World Trade Centre, Circle – 1(1)(2), Brigade Gateway Campus, Bangalore. 26/1, Dr. Rajkumar Road, Malleshwaram, Rajajinagar, Bangalore – 560 055. PAN: AAACB 7459 F APPELLANT RESPONDENT Appellant by : Shri. B. R. Sudheendra, CA Respondent by : Shri. R. N. Siddappaji, Addl. CIT Date of hearing : 09.01…

Brigade Enterprises Ltd, Bangalore vs. Deputy Commissioner of Income Tax Circle-1(1)(2), Bangalore

In the result, the assessee’s appeals for assessment years 2008-09 to 2010-11 are partly allowed for statistical purposes

ITA 528/BANG/2018[2008-09]Status: DisposedITAT Bangalore08 Feb 2019AY 2008-09

Bench: Shri Jason P Boaz & Shri Pavan Kumar Gadale

For Appellant: Shri. B. R. Sudheendra, CAFor Respondent: Shri. R. N. Siddappaji, Addl. CIT
Section 143(3)Section 14A

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH : BANGALORE BEFORE SHRI JASON P BOAZ, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA Nos.528 to 530/Bang/2018 Assessment years : 2008-09, 2009-10, 2010-11 M/s. Brigade Enterprises Ltd., Vs. The Deputy Commissioner of 29th & 30th Floors, Income Tax, World Trade Centre, Circle – 1(1)(2), Brigade Gateway Campus, Bangalore. 26/1, Dr. Rajkumar Road, Malleshwaram, Rajajinagar, Bangalore – 560 055. PAN: AAACB 7459 F APPELLANT RESPONDENT Appellant by : Shri. B. R. Sudheendra, CA Respondent by : Shri. R. N. Siddappaji, Addl. CIT Date of hearing : 09.01…

Kare Electronics & Development Private Limited, Bangalore vs. The Assistant Commissioner of Income Tax Circle-11(5), Bangalore

In the result, the assessee’s appeal for assessment year 2009-10 is partly allowed

ITA 799/BANG/2017[2009-10]Status: DisposedITAT Bangalore17 Jan 2019AY 2009-10

Bench: Shri N. V. Vasudevan & Shri Jason P Boazassessment Year : 2009-10 M/S. Kare Electronics & Vs. The Assistant Commissioner Of Development Private Limited, Income Tax, Flat No.101, 1St Floor, Eden Park, Circle – 11(5), No.20, Vittal Mallya Road, Bangalore. Bangalore – 560 001. Pan: Aabck 7679 R Appellant Respondent

For Appellant: Shri. K. R. Pradeep, CAFor Respondent: Shri. Vikas K. Suryawamshi, Addl. CIT
Section 143(1)Section 143(3)Section 14ASection 234B

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND SHRI JASON P BOAZ, ACCOUNTANT MEMBER Assessment year : 2009-10 M/s. Kare Electronics & Vs. The Assistant Commissioner of Development Private Limited, Income Tax, Flat No.101, 1st Floor, Eden Park, Circle – 11(5), No.20, Vittal Mallya Road, Bangalore. Bangalore – 560 001. PAN: AABCK 7679 R APPELLANT RESPONDENT Appellant by : Shri. K. R. Pradeep, CA Respondent by : Shri. Vikas K. Suryawamshi, Addl. CIT Date of hearing : 18.12.2018 Date of Pronouncement : 17.01.2019 O R D E R Per Jason P Boaz, Accountant Me…

M/S Pranava Electronics Private Limited, Bangalore vs. Income Tax Officer Ward-5(1)(3), Bangalore

In the result, the assessee’s appeal for assessment year 2014-15 is partly allowed for statistical purposes

ITA 2526/BANG/2017[2014-15]Status: DisposedITAT Bangalore02 Jan 2019AY 2014-15

Bench: Shri N. V. Vasudevan & Shri Jason P Boazassessment Year : 2014-15 M/S. Pranava Electronics Pvt. Ltd., Vs. The Income-Tax Officer, Flat No. 101, 1St Floor, Eden Park, Ward – 5(1)(3), No.20, Vittal Mallya Road, Bangalore. Bangalore – 560 001. Pan : Aadcp 2196 C Appellant Respondent Assessee By : Smt. Girija, Ca Revenue By : Shri. Vikas K. Suryawamshi, Addl. Cit Date Of Hearing : 19.12.2018 Date Of Pronouncement : 02.01.2019

For Appellant: Smt. Girija, CAFor Respondent: Shri. Vikas K. Suryawamshi, Addl. CIT
Section 10(34)Section 143(3)Section 14A

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND SHRI JASON P BOAZ, ACCOUNTANT MEMBER Assessment year : 2014-15 M/s. Pranava Electronics Pvt. Ltd., Vs. The Income-tax Officer, Flat No. 101, 1st Floor, Eden Park, Ward – 5(1)(3), No.20, Vittal Mallya Road, Bangalore. Bangalore – 560 001. PAN : AADCP 2196 C APPELLANT RESPONDENT Assessee by : Smt. Girija, CA Revenue by : Shri. Vikas K. Suryawamshi, Addl. CIT Date of hearing : 19.12.2018 Date of Pronouncement : 02.01.2019 O R D E R Per Shri Jason P Boaz, A.M. : This appeal by the assessee is directed against…

J V Holdings Pvt Ltd, Bangalore vs. The Deputy Commissioner of Income Tax Circle-4(1)(1), Bangalore

In the result, the assessee’s appeal for assessment year 2012-13 is partly allowed as indicated above

ITA 1337/BANG/2018[2012-13]Status: DisposedITAT Bangalore13 Dec 2018AY 2012-13

Bench: Shri N. V. Vasudevan & Shri Jason P Boazassessment Year : 2012-13 M/S. J. V. Holdings Pvt. Ltd., Vs. The Deputy Commissioner Of 1St Floor, Embassy Point, Income-Tax, 150 Infantry Road, Circle – 4[1][1], Bangalore – 560 001. Bangalore. Pan : Aabcj 9763 F Appellant Respondent Assessee By : Shri. Seetharam, Ca Revenue By : Smt. Nandhini Das, Addl. Cit Date Of Hearing : 20.11.2018 Date Of Pronouncement : 13.12.2018

For Appellant: Shri. Seetharam, CAFor Respondent: Smt. Nandhini Das, Addl. CIT
Section 14Section 143(3)Section 14A

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH : BANGALORE BEFORE SHRI N. V. VASUDEVAN, VICE PRESIDENT AND SHRI JASON P BOAZ, ACCOUNTANT MEMBER Assessment year : 2012-13 M/s. J. V. Holdings Pvt. Ltd., Vs. The Deputy Commissioner of 1st Floor, Embassy Point, Income-tax, 150 Infantry Road, Circle – 4[1][1], Bangalore – 560 001. Bangalore. PAN : AABCJ 9763 F APPELLANT RESPONDENT Assessee by : Shri. Seetharam, CA Revenue by : Smt. Nandhini Das, Addl. CIT Date of hearing : 20.11.2018 Date of Pronouncement : 13.12.2018 O R D E R Per Shri Jason P Boaz, A.M. : This appeal by the assessee is directed against the order o…

Maruti Suzuki India Ltd., New Delhi vs. Addl. CIT, New Delhi

Appeal of the assessee is partly allowed for statistical purpose

ITA 467/DEL/2014[2009-10]Status: DisposedITAT Delhi17 Oct 2018AY 2009-10

Bench: Shri R. K. Panda & Ms Suchitra Kamblei.T.A .No. 467/Del/2014 (A.Y 2009-10)

Section 143(3)Section 144CSection 144C(5)Section 43Section 43B

…hiruvirkolam v. Presiding Officer and Another : 1 SCC 9 (SC), State of Assam v. RipaSarma : 3 SCC 63 (SC), Punjab Development and Reclamation Corporation Limited vs. Presiding Officer, Labour Court : 1990 : 3SCC 682 (SC), CIT v. Thana Electricity Supply Ltd.: 206 ITR 727 (Bom.), CIT v. Cascade Holdings (P) Ltd.: 365 ITR 84 (Bom.), Ld. AR submitted that even if there is a conflict between the judgements of jurisdictional High Court, viz., Bougainvillea Multiplex Entertainment Centre (supra) and Johnson Matthey (supra) on the one hand, and Bhushan Steels (supra) on the other, the judgment rendered in case of Johnso…

Asst CIT Cir 6(1)(2), Mumbai vs. Ask Investment Managers P.Ltd, Mumbai

The appeal of the Revenue is allowed for statistical

ITA 534/MUM/2017[2012-13]Status: DisposedITAT Mumbai09 Oct 2018AY 2012-13

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year 2012-13 Acit M/S Ask Investment Circle-6(1)(2), Managers Pvt. Ltd. बनाम/ R. No.536, 5Th Floor, 1St Floor Bandbox House, Vs. Aayakar Bhavan, Dr. Ab Road, Worli, M. K. Road, Churchgate, Mumbai-400030 Mumbai-400020 (राज"व /Revenue) ("नधा"रती /Assessee) P.A. No. Aafca2302P Shri Nitin Waghmode-Dr राज"व क" ओर से / Revenue By "नधा"रती क" ओर से / Assessee By Shri J.D. Mistri Sr. Advocate

Section 115JSection 14A

…he conclusion; and (vii) when it is an erroneous decision, ie, a decision conflicting with the fundamental principles of law. Ld. Principal CIT(DR) further relied on the decision of Hon’ble Bombay High Court in the case of CIT v. Thana Electricity Supply Ltd. 206 ITR 727 wherein hon’ble court while ITA. No.534/Mum/2017 36 M/s Ask Investment Managers Pvt. Ltd. summarizing the general principles with regard to precedents, inter-alia, observed as under:- (iii) Where there are conflicting decisions of courts of co-ordinate jurisdiction, the later decision is to be preferred if reached after full consideration of the…