Commissioner of Income Tax, New Delhi v. Eli Lilly and Company (India) Private Ltd.

THE COMMISSIONER OF INCOME TAX vs. M/S JINDAL TRACTEBEL POWER CO LTD

Bench: KRISHNA S DIXIT,G BASAVARAJA

…o deduct or pay tax deducted, if the Assessee proves that there was a reasonable cause for that. The Apex Court in CIT vs. ELI LILLY & CO. (INDIA) (P) LTD.3 has at para 94 observed as under: 3 (2009) 15 SCC 1 - 8 - NC: 2025:KHC:4829-DB ITA No. 1184 of 2006 “Section 273B states that notwithstanding anything contained in Section 271C, no penalty shall be imposed on the person or the assessee for failure to deduct tax at source if such person or the assessee proves that there was a reasonable cause for the said failure. Therefore,…

ASSTT.EXCISE TAXATION COMMISSIONER vs. ASSTT.COMMISSIONER OF INCOME TAX

The appeals are disposed of accordingly

Bench: HONOURABLE THE CHIEF JUSTICE MAMIDANNA SATYA RATNA SRI RAMACHANDRA RAO,HON'BLE MR. JUSTICE AJAY MOHAN GOEL

…posed on the appellant for payment of tax, it is required to be verified as to whether respective toll lessees of the Himachal Pradesh Government had in fact paid taxes on their income/ sale turn over while collecting tolls at the barriers erected by 1 (2009) 15 SCC 1 2 (2003) 1 Supreme Court Cases 497 3 (2007) 8 Supreme Court Cases 463 8 the State Government or not. In the event such toll lessees had already paid tax on their income, even if the appellant had not deducted the TCS on such income, then the appellant cannot be mulcted with the liability to again pay the tax. In the event of the Assessing Officer…

ASST.EXCISE TAXATION COMMISSIONER vs. INCOME TAX OFFICER(TDS) PALAMPUR

The appeals are disposed of accordingly

Bench: HONOURABLE THE CHIEF JUSTICE MAMIDANNA SATYA RATNA SRI RAMACHANDRA RAO,HON'BLE MR. JUSTICE AJAY MOHAN GOEL

…posed on the appellant for payment of tax, it is required to be verified as to whether respective toll lessees of the Himachal Pradesh Government had in fact paid taxes on their income/ sale turn over while collecting tolls at the barriers erected by 1 (2009) 15 SCC 1 2 (2003) 1 Supreme Court Cases 497 3 (2007) 8 Supreme Court Cases 463 8 the State Government or not. In the event such toll lessees had already paid tax on their income, even if the appellant had not deducted the TCS on such income, then the appellant cannot be mulcted with the liability to again pay the tax. In the event of the Assessing Officer…

ASSTT.EXCICETAXATION COMMISSIONER NAHAN vs. THE INCOME TAX OFFICER

The appeals are disposed of accordingly

Bench: HONOURABLE THE CHIEF JUSTICE MAMIDANNA SATYA RATNA SRI RAMACHANDRA RAO,HON'BLE MR. JUSTICE AJAY MOHAN GOEL

…posed on the appellant for payment of tax, it is required to be verified as to whether respective toll lessees of the Himachal Pradesh Government had in fact paid taxes on their income/ sale turn over while collecting tolls at the barriers erected by 1 (2009) 15 SCC 1 2 (2003) 1 Supreme Court Cases 497 3 (2007) 8 Supreme Court Cases 463 8 the State Government or not. In the event such toll lessees had already paid tax on their income, even if the appellant had not deducted the TCS on such income, then the appellant cannot be mulcted with the liability to again pay the tax. In the event of the Assessing Officer…

ASSTT.EXCISE TAXATION COMMISSONER vs. INCOME TAX OFFICER (TDS) PALAMPUR

The appeals are disposed of accordingly

Bench: HONOURABLE THE CHIEF JUSTICE MAMIDANNA SATYA RATNA SRI RAMACHANDRA RAO,HON'BLE MR. JUSTICE AJAY MOHAN GOEL

…posed on the appellant for payment of tax, it is required to be verified as to whether respective toll lessees of the Himachal Pradesh Government had in fact paid taxes on their income/ sale turn over while collecting tolls at the barriers erected by 1 (2009) 15 SCC 1 2 (2003) 1 Supreme Court Cases 497 3 (2007) 8 Supreme Court Cases 463 8 the State Government or not. In the event such toll lessees had already paid tax on their income, even if the appellant had not deducted the TCS on such income, then the appellant cannot be mulcted with the liability to again pay the tax. In the event of the Assessing Officer…

ASSTT.EXCISE AND TAXATION COMMISSIONER vs. INCOME TAX OFFICER(TDS) PALAMPUR

The appeals are disposed of accordingly

Bench: HONOURABLE THE CHIEF JUSTICE MAMIDANNA SATYA RATNA SRI RAMACHANDRA RAO,HON'BLE MR. JUSTICE AJAY MOHAN GOEL

…posed on the appellant for payment of tax, it is required to be verified as to whether respective toll lessees of the Himachal Pradesh Government had in fact paid taxes on their income/ sale turn over while collecting tolls at the barriers erected by 1 (2009) 15 SCC 1 2 (2003) 1 Supreme Court Cases 497 3 (2007) 8 Supreme Court Cases 463 8 the State Government or not. In the event such toll lessees had already paid tax on their income, even if the appellant had not deducted the TCS on such income, then the appellant cannot be mulcted with the liability to again pay the tax. In the event of the Assessing Officer…

ASSTT. EXCISE TAXATION COMMISSIONER vs. INCOME TAX OFFICER(TDS)

The appeals are disposed of accordingly

Bench: HONOURABLE THE CHIEF JUSTICE MAMIDANNA SATYA RATNA SRI RAMACHANDRA RAO,HON'BLE MR. JUSTICE AJAY MOHAN GOEL

…posed on the appellant for payment of tax, it is required to be verified as to whether respective toll lessees of the Himachal Pradesh Government had in fact paid taxes on their income/ sale turn over while collecting tolls at the barriers erected by 1 (2009) 15 SCC 1 2 (2003) 1 Supreme Court Cases 497 3 (2007) 8 Supreme Court Cases 463 8 the State Government or not. In the event such toll lessees had already paid tax on their income, even if the appellant had not deducted the TCS on such income, then the appellant cannot be mulcted with the liability to again pay the tax. In the event of the Assessing Officer…

GOA CARBON LTD.,PANAJI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1 (1), PANAJI

In the result, all the three appeals filed by the assessee are dismissed

Bench: Shri C.M. Garg & Shri Girish Agrawal

…eal so far as 90% of income, from leasing plant and machinery, is to be taken into account for exclusion from profits of business. 11. The assessee has derived income from leasing out plant and machinery. The Supreme Court in Ravindranathan Nair's case (2007) 15 SCC 1, has considered in paragraph 19 as under: In our view, for the above reasons, the said processing charges, which was part of gross total income, was an independent income like rent, commission, brokerage etc. and, therefore, 90% of the said sum had to be reduced from the gross total income to arrive at the business profits and since the said process…

M/S/KANAM LATEX INDUSTRIES PVT.LTD., vs. ASST.COMMISSIONER OF INCOME TAX,

Appeals are dismissed

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

…IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 26TH DAY OF JULY 2021 / 4TH SRAVANA, 1943 ITA NO. 347 OF 2010 AGAINST THE ORDER IN ITA 11/Coch/2007 AND CROSS-OBJECTION NO.16/Coch/2008 OF I.T.A.TRIBUNAL, COCHIN BENCH, ERNAKULAM APPELLANT/RESPONDENT: M/S.KANAM LATEX INDUSTRIES PVT.LTD. KOTTAYAM (PA.NO.AABCK 0056E). BY ADVS. SRI.KURYAN THOMAS SRI.E.K.NANDAKUMAR SRI.P.BENNY THOMAS RESPONDENT/APPELLANT: *ASST.COMMISSIONER OF INCOME TAX, CIRCLE-1, KOTTAYAM. *(DELETED) COMMISSIONER OF INCOME TAX,…

C.I.T. CENTRAL, JAIPUR vs. PRADEEP LUNAWAT

The appeals are disposed of accordingly

Bench: SANGEET LODHA,VINIT KUMAR MATHUR

…posed on the appellant for payment of tax, it is required to be verified as to whether respective toll lessees of the Himachal Pradesh Government had in fact paid taxes on their income/ sale turn over while collecting tolls at the barriers erected by 1 (2009) 15 SCC 1 2 (2003) 1 Supreme Court Cases 497 3 (2007) 8 Supreme Court Cases 463 8 the State Government or not. In the event such toll lessees had already paid tax on their income, even if the appellant had not deducted the TCS on such income, then the appellant cannot be mulcted with the liability to again pay the tax. In the event of the Assessing Officer…

The Commissioner of Income Tax-III vs. Smt.D.K.Aruna

The appeals are disposed of accordingly

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

…posed on the appellant for payment of tax, it is required to be verified as to whether respective toll lessees of the Himachal Pradesh Government had in fact paid taxes on their income/ sale turn over while collecting tolls at the barriers erected by 1 (2009) 15 SCC 1 2 (2003) 1 Supreme Court Cases 497 3 (2007) 8 Supreme Court Cases 463 8 the State Government or not. In the event such toll lessees had already paid tax on their income, even if the appellant had not deducted the TCS on such income, then the appellant cannot be mulcted with the liability to again pay the tax. In the event of the Assessing Officer…

The Commissioner of Income Tax-III, vs. M/S Raasi Growth Fund Ltd.,

Appeals are dismissed

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

…IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 26TH DAY OF JULY 2021 / 4TH SRAVANA, 1943 ITA NO. 347 OF 2010 AGAINST THE ORDER IN ITA 11/Coch/2007 AND CROSS-OBJECTION NO.16/Coch/2008 OF I.T.A.TRIBUNAL, COCHIN BENCH, ERNAKULAM APPELLANT/RESPONDENT: M/S.KANAM LATEX INDUSTRIES PVT.LTD. KOTTAYAM (PA.NO.AABCK 0056E). BY ADVS. SRI.KURYAN THOMAS SRI.E.K.NANDAKUMAR SRI.P.BENNY THOMAS RESPONDENT/APPELLANT: *ASST.COMMISSIONER OF INCOME TAX, CIRCLE-1, KOTTAYAM. *(DELETED) COMMISSIONER OF INCOME TAX,…

The Commissioner of Income Tax-III vs. M/s.Shail Galada

Appeals are dismissed

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

…IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 26TH DAY OF JULY 2021 / 4TH SRAVANA, 1943 ITA NO. 347 OF 2010 AGAINST THE ORDER IN ITA 11/Coch/2007 AND CROSS-OBJECTION NO.16/Coch/2008 OF I.T.A.TRIBUNAL, COCHIN BENCH, ERNAKULAM APPELLANT/RESPONDENT: M/S.KANAM LATEX INDUSTRIES PVT.LTD. KOTTAYAM (PA.NO.AABCK 0056E). BY ADVS. SRI.KURYAN THOMAS SRI.E.K.NANDAKUMAR SRI.P.BENNY THOMAS RESPONDENT/APPELLANT: *ASST.COMMISSIONER OF INCOME TAX, CIRCLE-1, KOTTAYAM. *(DELETED) COMMISSIONER OF INCOME TAX,…

The Commissioner of Income Tax-V vs. M/S G.M.Corporation

Appeals are dismissed

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

…IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI & THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 26TH DAY OF JULY 2021 / 4TH SRAVANA, 1943 ITA NO. 347 OF 2010 AGAINST THE ORDER IN ITA 11/Coch/2007 AND CROSS-OBJECTION NO.16/Coch/2008 OF I.T.A.TRIBUNAL, COCHIN BENCH, ERNAKULAM APPELLANT/RESPONDENT: M/S.KANAM LATEX INDUSTRIES PVT.LTD. KOTTAYAM (PA.NO.AABCK 0056E). BY ADVS. SRI.KURYAN THOMAS SRI.E.K.NANDAKUMAR SRI.P.BENNY THOMAS RESPONDENT/APPELLANT: *ASST.COMMISSIONER OF INCOME TAX, CIRCLE-1, KOTTAYAM. *(DELETED) COMMISSIONER OF INCOME TAX,…