Commissioner of Income Tax v. Caritor (India) Pvt. Ltd.

369 ITR 463Reported decision2014#20631 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2017 to 2019.

Judgments citing Commissioner of Income Tax v. Caritor (India) Pvt. Ltd.

Hritnik Export Pvt. Ltd., New Delhi vs. ITO, Ward- 12(4), New Delhi

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

ITA 5359/DEL/2018[2011-12]Status: DisposedITAT Delhi26 Sept 2019AY 2011-12

Bench: Sh. R. K. Pandaassessment Year: 2011-12 Hritnik Export Pvt. Ltd. Ito, Ward- 12 (4) 225, Krishna Apartments, 27, Vs New Delhi I. P. Extension, New Delhi Pan No. Aaach9458A (Appellant) (Respondent)

Section 10Section 10BSection 11Section 58

…on of provisions of Income Tax Act, 1961. For the above proposition of law he relied on the decision of Hon’ble Karnataka High Court in the case of PCIT Vs. Laxmi Narayan Mining Company reported in 404 ITR 522 and CIT Vs. Caritor (India) Pvt. Ltd. reported in 369 ITR 463. He accordingly submitted that merely because the customs authorities have issued certain notice and raised certain objections which is under challenge before the appellate forum, therefore, the Assessing Officer and the CIT(A) are not justified in placing reliance on the same. 7. So far as the second issue is concerned i.e. the denial of claim o…

Dinesh Kumar Singhi, Bangalore vs. DCIT, Bangalore

In the result, the assessee's appeal for Assessment Year 2011-12 is partly allowed

ITA 699/BANG/2015[2005-06]Status: DisposedITAT Bangalore10 Apr 2018AY 2005-06

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boaz

For Appellant: Shri K.R. Pradeep, C.AFor Respondent: Shri K.V. Arvind, Standing Counsel for Dept

Section 10BSection 132Section 143(3)Section 148Section 153ASection 154

…- DELHI HC. On the issue of custom bonding the assessee relies on the following case laws wherein it is held that custom bonding is not compulsory: 1) Lakshminarayana Mining Company vs DCIT - ITA 379 to 381/B/15 - Bang ITAT. 2) CIT vs Caritor (India) P Ltd - 369 ITR 463 - KAR HC. 3) CIT vs Arts Beauty Exports - 357 ITR 276 - Del HC. 4) Clarification letter given by the STPI authorities that commercial production may be commenced before bonding – PB-1 page 116 On the issue of 10B, the assessee also relies on the decision of Hon’ble ITAT Bangalore in M/s.Sameera Trading Co. vs DCIT - ITA 298/B/14 – CLPB page 95 wh…

The Pr. Commissioner of Income Tax CIT (A) vs. M/S. Lakshminarayana Mining Company

The appeals are dismissed

ITA/715/2017HC Karnataka06 Apr 2018

Bench: S SUNIL DUTT YADAV,B.S PATIL

Section 10BSection 132Section 139Section 153ASection 260

…me Tax Act is to be looked into independently and 10 said benefit would stand or fall on the applicability of section 10 B of the Act. 9. The judgment in the case of Commissioner of Income Tax Vs. Caritor (India) Pvt. Ltd. reported in (2014) 369 ITR 463 though arises in the context of deduction under Section 10A of the Act which is different from deduction under Section 10B in so far as Section 10A provides for the location of the unit in the ‘Special Economic Zone’ [see 10A 2(c)] such locational restriction is absent in case of Section 10B, however the principle that benefit of customs…

M/S Lakshminarayana Mining Company, Bangalore vs. DCIT, Bangalore

In the result, the appeals of the assessee are allowed

ITA 379/BANG/2015[2009-10]Status: DisposedITAT Bangalore03 Mar 2017AY 2009-10

Bench: Shri A.K. Garodia & Shri Vijay Pal Rao

For Appellant: Shri D. Devaraj, C.AFor Respondent: Smt. Prescilla Singsit, D.R

Section 10BSection 132Section 139Section 143(3)Section 153A

…onding is required only where imports are contemplated for use in manufacturing/production of goods for export. In support of his contention, he has relied upon the decision of Hon'ble jurisdictional High Court in the case of CIT Vs. Caritor India Pvt. Ltd. 369 ITR 463 as well as decision of Hon'ble Delhi High Court in the case of CIT Vs. Arts Beauty Exports 357 ITR 276 (Del). The learned Authorised Representative also relied upon the decision of the Delhi Tribunal reported in 46 SOT 220. Thus he has contended that when all exports of assessee were approved by the Excise and Custom authorities and there is n…