CIT v. Thirumalaiswamy Naidu & Sons.

230 ITR 534Supreme Court of India1998#23922 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2002 to 2017.

Judgments citing CIT v. Thirumalaiswamy Naidu & Sons.

PHOENIX CONVERYOR BELT INDIA PRIVATE LIMITED (FORMERLY KNOWN AS PHOENIX YULE LIMITED ),KOLKATA vs. ACIT CIR - 11,KOLKATA., KOLKATA

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 32/KOL/2013[2003-04]Status: DisposedITAT Kolkata18 Oct 2017AY 2003-04

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi] I.T.A. No. 32/Kol/2013 Assessment Year: 2003-04

Section 250Section 80G

…per profit and loss account. 3. The Commissioner of Income Tax (Appeals) vide paragraph 3.3 (Page 6 of the appellate order) dismissed the assessee's appeal. He referred to the judgment of the Hon'ble Supreme Court in CIT v Thirumalaiswamy Naidu & Sons, (1998) 230 ITR 534 (SC) for the proposition that refund of sales tax was a receipt on revenue account and had to be assessed as such. He held that the refund of Rs.51,71,610/- had accrued to the assessee according to the mercantile system of accounting and the assessee was not entitled to any reduction. 4. The subsequent facts are that during the previous year rele…

DCIT, CHENNAI vs. S.L.LUMAX LTD., SRIPERAMBUDUR

In the result, the appeal of the Revenue is dismissed

ITA 1578/CHNY/2016[2010-11]Status: DisposedITAT Chennai21 Oct 2016AY 2010-11

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George] आयकर अपील सं./I.T.A. No. 1578/Mds/2016 "नधा"रण वष" /Assessment Year : 2010-2011

For Appellant: Shri. A.V. Sreekanth, IRS, JCITFor Respondent: Shri. R. Vijayaraghavan, Advocate

Section 28Section 41(1)

…ore us, the ld. Departmental Representative strongly assailing the order of the ld. Commissioner of Income Tax (Appeals) submitted that similar issue was decided in favour of the Revenue by the Apex Court in the case of CIT vs. Thirumalaiswamy Naidu & Sons 230 ITR 534 and Polyflex (India) Pvt. Ltd vs. CIT 257 ITR 343. 6. Per contra, the ld. Authorised Representative strongly supported the orders of the authorities below. 7. We have considered the rival contentions and perused the orders of the authorities below. The Revenue is relying on two cases :- 4 -: decided by the Apex Court viz Thirumalaiswamy Naidu…

M/S POLYFLEX (INDIA) PVT. LTD. vs. COMMISSIONER OF INCOME TAX, KARNATAKA

The appeal is dismissed without costs

C.A. No.-000823-000823 - 2001Supreme Court06 Sept 2002

For Respondent: COMMISSIONER OF INCOME TAX, KARNATAKA

Section 41(1)

…t the amount has not been received by the assessee. In coming to the conclusion that the excise duty refunded was liable to be taxed under Section 41(1) of the Act, the High Court relied on the decision of this Court in C/T. v. Thirumalaiswamy Naidu and Sons, 230 ITR 534. This view of the High Court has been questioned in this appeal. The learned counsel for the appellant - assessee submits that the ratio of decision of this Court in Thirumalaswamy Naidu’ case, on which the opinion of the High Court rests, has no application to the present case. As the question of liability to pay excise duty on the goods has not…