Commissioner of Income Tax v. Riva Sharkar A Kothari

283 ITR 338High Court2006#2635 most cited

What is Commissioner of Income Tax v. Riva Sharkar A Kothari authority for?

When determining whether an assessee is carrying on business, courts formulate tests, including whether the initial acquisition of the subject-matter of a transaction was with the intention of dealing in the item or with a view to investment. The cumulative effect of several factors must be considered, not just isolated ones.

44

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2011 to 2025.

Also referred to as

Commissioner of Income Tax v. Riva Sharkar A Kothari · business income · carrying on business · intention of dealing · investment · cumulative effect of factors · Pari Mangaldas Girdhardas · business tests

Issues it is cited on

proximate nexussection 10(35)dependent agent peservice pesection 135csr expenditureweighted deductionsection 35(2ab)section 10(34)transactional net margin methodenduring benefitsection 40(a)(i)

Judgments citing Commissioner of Income Tax v. Riva Sharkar A Kothari

Commissioner of Incoem Tax vs. Sahara India Housing Corporation Ltd

The appeals are disposed of

ITA/847/2010HC Delhi27 Apr 2012

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE R.V.EASWAR

Section 14A

…10,11& 12 *IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA Nos. 740/2009, 762/2009 & 847/2010 THE COMMISSIONER OF INCOME TAX ..... Appellant Through Ms. Rashmi Chopra, Sr. Standing Counsel. Mr. AmitSrivastava, Advocate in versus SAHARA INDIA HOUSING CORPORATION LTD ..... Respondent Through Mr. Ajay Vohra, Ms. KavitaJha and Mr. SomnathShukla, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R.V.EASWAR O R D E R % 27.04.2012 Having heard learned counsel fo…

The Commissioner of Income Tax vs. Sahara India Housing Corporation Ltd

The appeals are disposed of

ITA/740/2009HC Delhi27 Apr 2012
Section 14A

…10,11& 12 *IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA Nos. 740/2009, 762/2009 & 847/2010 THE COMMISSIONER OF INCOME TAX ..... Appellant Through Ms. Rashmi Chopra, Sr. Standing Counsel. Mr. AmitSrivastava, Advocate in versus SAHARA INDIA HOUSING CORPORATION LTD ..... Respondent Through Mr. Ajay Vohra, Ms. KavitaJha and Mr. SomnathShukla, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R.V.EASWAR O R D E R % 27.04.2012 Having heard learned counsel fo…

CIT vs. Jubilant Securities Pvt Ltd

Appeals are dismissed in limine

ITA/588/2011HC Delhi31 Mar 2011

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

….e. capital gains as well as business income” 6. The ITAT went into the entire gamut with the dispute all over again and accepted the aforesaid findings of the CIT(A). It took note of the judgment of Gujarat High Court in CIT v. Reqashanker A Kothari 283 ITR 338 wherein the High Court has given a few broader tests for determining the nature of transaction. These tests are as under:- “(a) The first test is whether the initial acquisition of the subject matter of transaction was with the intentions of dealing in 6th term, or with a views to finding an investment. If the transaction, since t…

The Commissioner of Income Tax Delhi-II, Central Revenue Building, New Delhi vs. Jubilant Securities Pvt. Ltd. 15Th Floor, Devika Towers, Nehru Place, New Delhi

Appeals are dismissed in limine

ITA-588/2011HC Delhi31 Mar 2011

….e. capital gains as well as business income” 6. The ITAT went into the entire gamut with the dispute all over again and accepted the aforesaid findings of the CIT(A). It took note of the judgment of Gujarat High Court in CIT v. Reqashanker A Kothari 283 ITR 338 wherein the High Court has given a few broader tests for determining the nature of transaction. These tests are as under:- “(a) The first test is whether the initial acquisition of the subject matter of transaction was with the intentions of dealing in 6th term, or with a views to finding an investment. If the transaction, since t…