Commissioner of Income Tax v. Smt. Swapna Roy

331 ITR 367High Court2011#12680 most cited
8

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2012 to 2022.

Judgments citing Commissioner of Income Tax v. Smt. Swapna Roy

W SERVE TECHNOLOGIES PRIVATE LIMITED,GURGAON vs. ACIT, CPC-TDS, GHAZIABAD

In the result, the appeals of the assessee are allowed

ITA 1040/DEL/2020[2013-14 (26Q-Q-2)]Status: DisposedITAT Delhi31 Aug 2022

Bench: Dr. B. R. R. Kumarsh. Anubhav Sharma

For Appellant: NoneFor Respondent: Sh. M. Baranwal, Sr. DR
Section 200ASection 200A(1)Section 234E

…aj Estate & Developers vs DCIT [2014] 44 taxmann.com 431 (ITAT, Agra) iv) K K Khullar vs DCIT [2009] 116 ITD 301(Delhi) v) Dwarkadas Kesardeo Morarka vs CIT [1962] 44 ITR 529 (SC) vi) C.K. Gangadharan vs CIT [2008] 304 ITR 61 (SC) vii) CIT vs Swapnaroy [2011] 331 ITR 367 (Allahabad) 4. Before we request Hon’ble Tribunal to take to elaborate discussions on the issue, it would be beneficial if we kindly ITA Nos. 1027 to 1038 & 1040/Del/2020 6 W Serve Technologies Pvt. Ltd. have a look through the provisions contained in Section 234E which was introduced w.e.f. 01.07.2012 by the Finance Bill, 2012. The same is r…

W SERVE TECHNOLOGIES PRIVATE LIMITED,GURGAON vs. ACIT, CPC-TDS, GHAZIABAD

In the result, the appeals of the assessee are allowed

ITA 1027/DEL/2020[2015-16 24Q, (Q-1)]Status: DisposedITAT Delhi31 Aug 2022

Bench: Dr. B. R. R. Kumarsh. Anubhav Sharma

For Appellant: NoneFor Respondent: Sh. M. Baranwal, Sr. DR
Section 200ASection 200A(1)Section 234E

…aj Estate & Developers vs DCIT [2014] 44 taxmann.com 431 (ITAT, Agra) iv) K K Khullar vs DCIT [2009] 116 ITD 301(Delhi) v) Dwarkadas Kesardeo Morarka vs CIT [1962] 44 ITR 529 (SC) vi) C.K. Gangadharan vs CIT [2008] 304 ITR 61 (SC) vii) CIT vs Swapnaroy [2011] 331 ITR 367 (Allahabad) 4. Before we request Hon’ble Tribunal to take to elaborate discussions on the issue, it would be beneficial if we kindly ITA Nos. 1027 to 1038 & 1040/Del/2020 6 W Serve Technologies Pvt. Ltd. have a look through the provisions contained in Section 234E which was introduced w.e.f. 01.07.2012 by the Finance Bill, 2012. The same is r…

DCIT (LTU), NEW DELHI vs. M/S. GAIL (INDIA) LTD., NEW DELHI

Appeal is dismissed

ITA 4642/DEL/2013[1996-97]Status: DisposedITAT Delhi26 Oct 2020AY 1996-97

Bench: Sh. R. K. Panda & Ms Suchitra Kamble

Section 80HSection 80I

…ate & Developers vs. DCIT (2014) 148 ITD 166 (Agra Tri.) vi) K K Khullar vs. DCIT (2009) 116 ITD 301 (Del) vii) Dwarkadas Kesardeo Morarka vs. CIT (1962) 44 ITR 529 (SC) viii) C. K. Gangadharan vs. CIT (2008) 72 Taxman 87 (SC) ix) CIT vs. Swapna Roy (2011) 331 ITR 367 (Allah) 21. We have heard both the parties and perused all the relevant material available on record. The CIT(A) accepted that benefit of deduction under Section 80I/ 80IA of the Act is admissible on Lean gas manufactured/ produced, but held that such deduction is admissible at the stage of two LPG plants at Vijaipur and Vaghodia. The CIT(A) he…

GAIL (INDIA) LTD.,NEW DELHI vs. DCIT-LTU DELHI, NEW DELHI

Appeal is dismissed

ITA 4454/DEL/2013[1996-97]Status: DisposedITAT Delhi26 Oct 2020AY 1996-97

Bench: Sh. R. K. Panda & Ms Suchitra Kamble

Section 80HSection 80I

…ate & Developers vs. DCIT (2014) 148 ITD 166 (Agra Tri.) vi) K K Khullar vs. DCIT (2009) 116 ITD 301 (Del) vii) Dwarkadas Kesardeo Morarka vs. CIT (1962) 44 ITR 529 (SC) viii) C. K. Gangadharan vs. CIT (2008) 72 Taxman 87 (SC) ix) CIT vs. Swapna Roy (2011) 331 ITR 367 (Allah) 21. We have heard both the parties and perused all the relevant material available on record. The CIT(A) accepted that benefit of deduction under Section 80I/ 80IA of the Act is admissible on Lean gas manufactured/ produced, but held that such deduction is admissible at the stage of two LPG plants at Vijaipur and Vaghodia. The CIT(A) he…

SYNERGY DIAGNOSTICS PRIVATE LIMITED,MUMBAI vs. ACIT CIRCLE-3, MUMBAI

ITA 4841/MUM/2018[2015-16]Status: DisposedITAT Mumbai10 Feb 2020AY 2015-16

Bench: Shri S. Rifaur Rahman, Am & Shri Ravish Sood, Jm आयकरअपीलसं./ I.T.A. No. 4841/Mum/2018 (निर्धारणवर्ा / Assessment Year: 2015-16)

For Respondent: Shri V. Vinod Kumar, DR
Section 36(1)(iii)

…rn transferred to same to an associate company of the assessee company which was engaged in the construction of a building was held not deductible because the borrowed amount was not used for the purposes of the assessee 's business. CIT Vs. Swapna Roy (All) 331 ITR 367 - Borrowed funds were invested in financially fragile sister concerns. The court held that there was no intention to earn income but merely to assist sister concerns. A deduct ion of interest paid on such borrowings is not allowable. 5.3 As regards the case laws relied by the Ld. AR are concerned it is noticed that the facts of the case are, 10…

VINEET MOHAN GUPTA,BHUBANESWAR vs. DCIT, CC-XIX, KOLKATA, KOLKATA

In the result, the appeal of the assessee is dismissed

ITA 374/KOL/2014[2011-12]Status: DisposedITAT Kolkata06 Feb 2017AY 2011-12

Bench: : Shri Partha Sarathi Chaudhury & Shri Dr. Arjun Lal Saini

For Appellant: Shri Akkal Dudhuewala, ld.ARFor Respondent: Md. Ghyas Uddin, JCIT, ld.DR
Section 143(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL,‘C’ BENCH,KOLKATA Before : Shri Partha Sarathi Chaudhury, Judicial Member and Shri Dr. Arjun Lal Saini, Accountant Member ITA No. 374/Kol/2014 A.Y 2011-12 Vineet Mohan Gupta Vs. Dy. CIT, CC-XIX, Kolkata PAN: ADRPG 8166F [Appellant] [Respondent] Appellant by : Shri Akkal Dudhuewala, ld.AR Respondent by : Md. Ghyas Uddin, JCIT, ld.DR Date of Hearing : 06-02-2017 Date of Pronouncement : 06-02-2017 ORDER Per Shri Partha Sarathi Chaudhury, JM: This appeal preferred by the assessee emanates from the order of the Ld. Commissioner of Income Tax (Appeals) in short [ Ld. CIT…

THE COMMISSIONER OF INCOME TAX vs. J.B.ROY

ITA - 1114 / 2005HC Delhi11 Oct 2012
Section 143(1)Section 143(2)Section 2(24)(iv)

…further pointed out that in a connected matter in the case of a connected assessee (Swapna Roy, wife of Subroto Roy) of the same group, the Allahabad High Court has observed in its decision reported in Commissioner of Income Tax vs. Smt. Swapna Roy (2011) 331 ITR 367, on similar facts, that the assessee had adopted a device to reduce his tax liability. According to the Revenue, the facts of the present case being similar, and the assessee herein also belonging to the same group, the similar modus operandi adopted by him should be disapproved as a subterfuge as was done by the Allahabad High Court. It w…

THE COMMISSIONER OF INCOME TAX vs. J.B.ROY

ITA/1114/2005HC Delhi11 Oct 2012
Section 143(1)Section 143(2)Section 2(24)(iv)

…further pointed out that in a connected matter in the case of a connected assessee (Swapna Roy, wife of Subroto Roy) of the same group, the Allahabad High Court has observed in its decision reported in Commissioner of Income Tax vs. Smt. Swapna Roy (2011) 331 ITR 367, on similar facts, that the assessee had adopted a device to reduce his tax liability. According to the Revenue, the facts of the present case being similar, and the assessee herein also belonging to the same group, the similar modus operandi adopted by him should be disapproved as a subterfuge as was done by the Allahabad High Court. It w…

Commissioner of Income Tax v. Smt. Swapna Roy (331 ITR 367) — Cited in 8 Judgments | BharatTax