Commissioner of Income Tax v. P. Ganesh Chettiar

133 ITR 103High Court1982#11094 most cited
9

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2011 to 2023.

Judgments citing Commissioner of Income Tax v. P. Ganesh Chettiar

ITO WARD-4(1)(3), MUMBAI vs. M/S ASHIK WOLLEN MILLS LIMITED, MUMBAI

In the result, this appeal of revenue is allowed in terms indicated here

ITA 3021/MUM/2022[2011-2012]Status: FixedITAT Mumbai10 May 2023AY 2011-2012
Section 143(1)Section 144Section 147Section 148Section 41(1)

…n taken for business purposes, the amount is retained in the business and as such, the amount that initially did not have the character of income becomes income liable to tax. (e) Decisions rendered in Commissioner of Income Tax Vs. P. Ganesh Chettiar [(1982) 133 ITR 103 (Mad.) and Commissioner of Income Tax Vs. Phool Chand Jiwan Ram [(1981) 131 ITR 37 (Del.) were of no assistance to the appellant because the same were rendered prior to judgment of the Supreme Court in T.V. Sundaram Iyengar and Sons Ltd. (supra). 9. Against the orders of the Tribunal, appeal was preferred by the said assessee and this Court vide…

M/S HOTHUR TRADERS ,BELLARY vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1 , BELLARY

In the result, the appeal by the assessee is dismissed

ITA 541/BANG/2019[2011-12]Status: DisposedITAT Bangalore25 Mar 2021AY 2011-12

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2011-12 M/S. Hothur Traders, Vs. The Assistant Commissioner Plot Nos. 5, 6, 7 & 8, Of Income Tax, “Hothur House”, Infantry Road, Circle 1, Cantonment, Fort Road, Bellary – 583 104. Bellary – 583 102. Pan: Aaefh 7705H Appellant Respondent

For Appellant: Shri Shiva Prasad Reddy, IRSFor Respondent: Shri Kannan Narayanan, Jt.CIT(DR)(ITAT), Bengaluru
Section 10BSection 143(1)Section 143(3)Section 147Section 148Section 41(1)

…eld that on waiver of loan taken for business purposes, the amount is retained in the business and as such, the amount that initially did not have the character of income becomes income liable to tax. (e) Decisions rendered in CIT v. P. Ganesh Chettiar [1982] 133 ITR 103 (Mad.) and CIT v. Phool Chand Jiwan Ram [1981] Page 8 of 14 131 ITR 37 (Del.) were of no assistance to the appellant because the same were rendered prior to judgment of the Supreme Court in T.V. Sundaram Iyengar and Sons Ltd. (supra)." Against the orders of the Tribunal, appeal was preferred by the said assessee and the Hon’ble Delhi High Court…

DCIT, CHENNAI vs. SICAL LOGISTICS LTD., CHENNAI

ITA 1697/CHNY/2014[2010-11]Status: DisposedITAT Chennai18 Aug 2017AY 2010-11

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

For Appellant: Shri Milind Madhukar, JCIT &For Respondent: Shri S. Sridhar, Advocate
Section 10Section 14A

…question of application of sec.41(1) of the Act also does not arise 85 - - ITA 1695 to 1697 & CO 84/Mds/14 for consideration. In support of the claim, the ld. AR has cited the following judgments before the CIT(Appeals). i) P. Ganesh Chettiary vs. CIT (133 ITR 103)[Mad.] ii) AVM Ltd. vs. CIT (146 ITR 355) iii) Alchemic Pvt. Ltd. v. CIT (130 ITR 168). iv) Mafthlal Ganga Bai & Co. (P) Ltd. vs. CIT (219 ITR 644) v) Garden Silk Mill Pvt. Ltd. vs. DCIT (320 ITR 720 (Guj.) 19.3 The CIT(Appeals) observed that the above case laws are all in support of the assessee’s case that sec.28(iv) has no application to a…

DCIT, CHENNAI vs. SICAL LOGISTICS LTD., CHENNAI

ITA 1696/CHNY/2014[2009-10]Status: DisposedITAT Chennai18 Aug 2017AY 2009-10

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

For Appellant: Shri Milind Madhukar, JCIT &For Respondent: Shri S. Sridhar, Advocate
Section 10Section 14A

…question of application of sec.41(1) of the Act also does not arise 85 - - ITA 1695 to 1697 & CO 84/Mds/14 for consideration. In support of the claim, the ld. AR has cited the following judgments before the CIT(Appeals). i) P. Ganesh Chettiary vs. CIT (133 ITR 103)[Mad.] ii) AVM Ltd. vs. CIT (146 ITR 355) iii) Alchemic Pvt. Ltd. v. CIT (130 ITR 168). iv) Mafthlal Ganga Bai & Co. (P) Ltd. vs. CIT (219 ITR 644) v) Garden Silk Mill Pvt. Ltd. vs. DCIT (320 ITR 720 (Guj.) 19.3 The CIT(Appeals) observed that the above case laws are all in support of the assessee’s case that sec.28(iv) has no application to a…

DCIT, CHENNAI vs. SICAL LOGISTICS LTD., CHENNAI

ITA 1695/CHNY/2014[2008-09]Status: DisposedITAT Chennai18 Aug 2017AY 2008-09

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddy

For Appellant: Shri Milind Madhukar, JCIT &For Respondent: Shri S. Sridhar, Advocate
Section 10Section 14A

…question of application of sec.41(1) of the Act also does not arise 85 - - ITA 1695 to 1697 & CO 84/Mds/14 for consideration. In support of the claim, the ld. AR has cited the following judgments before the CIT(Appeals). i) P. Ganesh Chettiary vs. CIT (133 ITR 103)[Mad.] ii) AVM Ltd. vs. CIT (146 ITR 355) iii) Alchemic Pvt. Ltd. v. CIT (130 ITR 168). iv) Mafthlal Ganga Bai & Co. (P) Ltd. vs. CIT (219 ITR 644) v) Garden Silk Mill Pvt. Ltd. vs. DCIT (320 ITR 720 (Guj.) 19.3 The CIT(Appeals) observed that the above case laws are all in support of the assessee’s case that sec.28(iv) has no application to a…

D.C.I.T CIR - 4,KOLKATA, KOLKATA vs. M/S KALYANPUR CEMENT LTD, KOLKATA

In the result, Revenue’s appeal stands dismissed

ITA 1009/KOL/2013[2009-10]Status: DisposedITAT Kolkata03 May 2017AY 2009-10

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2009-10

Section 143(3)Section 30

…s principle has been held in the case of CIT vs. Choudhury Cotton Ginning & Pressing Factory (2004) 271 ITR 17 (Punjab & Hariyana). The principle that debt for given cannot be treated as income has also been held in the case of CIT vs. Ganesha Chettiar (1982) 133 ITR 103. 5.3 Based on the above facts as well as the judicial decisions quoted, I am of the view that disallowances of Rs.5,66,31,916/- made by the AO towards remission of liability on capital account cannot be upheld. The same is deleted.” The Revenue, being aggrieved, is in appeal before the Tribunal on the following ground:- “2. That on the facts and…

ROLLATAINERS LTD vs. COMMISSIONER OF INCOME TAX

ITA/127/2011HC Delhi30 Aug 2011

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE M.L. MEHTA

Section 139

…n for business purposes, the amount is retained in the business and as such, the amount that initially did not have the character of income becomes income liable to tax. (e) Decisions rendered in Commissioner of Income Tax Vs. P. Ganesh Chettiar [(1982) 133 ITR 103 (Mad.) and ITA 127 OF 2011 Page 7 of 14 Commissioner of Income Tax Vs. Phool Chand Jiwan Ram [(1981) 131 ITR 37 (Del.) were of no assistance to the appellant because the same were rendered prior to judgment of the Supreme Court in T.V. Sundaram Iyengar and Sons Ltd. (supra). 9. Against the o…

ROLLATAINERS LTD. vs. COMMISSIONER OF INCOME TAX

ITA-127/2011HC Delhi30 Aug 2011
Section 139

…n for business purposes, the amount is retained in the business and as such, the amount that initially did not have the character of income becomes income liable to tax. (e) Decisions rendered in Commissioner of Income Tax Vs. P. Ganesh Chettiar [(1982) 133 ITR 103 (Mad.) and 2011:DHC:4446-DB ITA 127 OF 2011 Page 7 of 14 Commissioner of Income Tax Vs. Phool Chand Jiwan Ram [(1981) 131 ITR 37 (Del.) were of no assistance to the appellant because the same were rendered prior to judgment of the Supreme Court in T.V. Sundaram Iyengar and Sons Ltd. (supra). 9…

LOGITRONICS PVT LTD vs. COMMISSIONER OF INCOME TAX & ANR

ITA/1623/2010HC Delhi18 Feb 2011

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE M.L. MEHTA

Section 2(24)Section 41(1)

…n for business purposes, the amount is retained in the business and as such, the amount that initially did not have the character of income becomes income liable to tax. (e) Decisions rendered in Commissioner of Income Tax Vs. P. Ganesh Chettiar [(1982) 133 ITR 103 (Mad.) and Commissioner of Income Tax Vs. Phool Chand Jiwan Ram [(1981) 131 ITR 37 (Del.) were of no assistance to the appellant because the same were rendered prior to judgment of the Supreme Court in T.V. Sundaram Iyengar and Sons Ltd. (supra). 9. Against the order of the Tribunal, the instant appeal is preferred and in the afor…

Commissioner of Income Tax v. P. Ganesh Chettiar (133 ITR 103) — Cited in 9 Judgments | BharatTax