Commissioner of Income-tax v. Amber Corporation

95 ITR 178Reported decision1974#25927 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 348,487 Indian tax judgments — from 2010 to 2017.

Judgments citing Commissioner of Income-tax v. Amber Corporation

Lal Chand Meena, Jaipur vs. ITO, Ward 7-3, Jaipur

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

ITA 515/JPR/2015[2008-09]Status: DisposedITAT Jaipur27 Jun 2017AY 2008-09

For Appellant: Shri P.C. Parwal (CA)For Respondent: Shri Rajendra Singh (Addl.CIT)

Section 148Section 45(3)Section 50CSection 69C

…ovable property, no document registered or otherwise, is required for transferring the property to the partnership. We are in agreement with the view taken by the Patna High Court. This court also, as already observed above, in CIT v. Amber Corporation [1974] 95 ITR 178 approved the above decision of the Patna High Court, though the point was not directly for decision before them. In the circumstances mentioned above, in our view, the question No. 1 is answered in the affirmative.” 13.2 In case of Add.CIT Vs. Manjeet Engineering Industries, the Hon’ble Delhi High Court has held as under: Whereas the Transfer of…

Karan Raghav Exports Pvt Ltd vs. Commissioner of Income Tax

The appeal is disposed of

ITA/1152/2011HC Delhi14 Mar 2012

Section 260ASection 271(1)Section 271(1)(c)

…rt of their claim. Reference was specifically made to the decision in Additional Commissioner of Income-tax, Delhi-III Vs. Manjeet Engineering Industries 154 ITR 509 and decision of Rajasthan High Court in Commissioner of Income-tax Vs. Amber Corporation 95 ITR 178. The said decisions were distinguished on the ground that the partnership firm could have claimed depreciation but not the partner. The relevant paragraph of the decision dated 1st November, 2010 in the quantum proceedings reads as follows:- “In a case like this, the partnership firm which has utilized the said factory premises could hav…

Karan Raghav Export P Ltd

Appeal is dismissed

ITA/955/2010HC Delhi01 Nov 2010

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE SURESH KUMAR KAIT

Section 10

…in the case of Additional Commissioner of Income- tax, Delhi-III Vs. Manjeet Engineering Industries [154 ITR 509]. Another judgment rendered by the Rajasthan High Court is to the same effect in the case of Commissioner of Income-tax Vs. Amber Corporation [95 ITR 178] wherein it is held that the firm and the partners would be entitled to depreciation. ITA No. 955 of 2010 Page 13 of 13 12. We, thus, answer the questions in the affirmative and against the assessee and consequently, this appeal is dismissed. (A.K. SIKRI) JUDGE…