Donald Miranda v. CIT

42 ITR 166Supreme Court of India1961#24923 most cited
3

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2024.

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Judgments citing Donald Miranda v. CIT

DCIT, Circle, Patiala vs. M/S Punjab State Power Corporation Ltd., Patiala

In the result, ground no. 1 & 3 of the Revenue’s appeal is allowed and ground no

ITA 737/CHANDI/2022[2017-18]Status: DisposedITAT Chandigarh27 Aug 2024AY 2017-18

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

For Appellant: Shri Rajiv Saldi, CAFor Respondent: Smt. Kusum Bansal, CIT, DR
Section 143(2)

…ould have been employed in the business of banking resulting into the income classifiable under the head `Profits and gains of business or profession'. He relied on the judgment of the Hon'ble Supreme Court in the case of Donald Miranda & Ors. Vs. CIT [(1961) 42 ITR 166 (SC)] in which it was held that the refund of excess profit tax was business income because when it was deposited with the Central Government it was a portion of profit of the business of the assessee. Reliance was also placed on the judgment of the Hon'ble Punjab & Haryana High Court in the case of R.B.Jodhamal Kuthiala Vs. CIT [(1972) 83 ITR 464…

Oriental Structure Engineers P.L.- Gammon India Ltd.- Jv, New Delhi vs. ITO, New Delhi

In the result, both the appeals filed by the respective assessees are allowed with the aforesaid observations

ITA 5557/DEL/2015[2011-12]Status: DisposedITAT Delhi15 Feb 2016AY 2011-12

Bench: Shri P.K. Bansal

For Appellant: Shri Krishna, CAFor Respondent: Shri Robin Rawal, Senior DR
Section 56

…ot be assessed in the hands of the joint venture concern, the question of head of the income does not arise. The ld. Counsel relied on the decision of the Hon’ble Supreme Court in the case of Donald Miranda vs. CIT reported in 4 ITA Nos.5556 & 5557/Del./2015 42 ITR 166 specifically at page 171. I have gone through that decision and noted that the decision does not relate to the interest on refund and there is no finding in the decision that interest on refund has to be assessed under the head ‘Income from business’. This decision cannot assist the assessee. I accordingly dismiss this plea of the ld. AR. 6. In th…

Oriental Structure Engineers P.L.- Kmc Construction Ltd.- Jv, New Delhi vs. ITO, New Delhi

In the result, both the appeals filed by the respective assessees are allowed with the aforesaid observations

ITA 5556/DEL/2015[2011-12]Status: DisposedITAT Delhi15 Feb 2016AY 2011-12

Bench: Shri P.K. Bansal

For Appellant: Shri Krishna, CAFor Respondent: Shri Robin Rawal, Senior DR
Section 56

…ot be assessed in the hands of the joint venture concern, the question of head of the income does not arise. The ld. Counsel relied on the decision of the Hon’ble Supreme Court in the case of Donald Miranda vs. CIT reported in 4 ITA Nos.5556 & 5557/Del./2015 42 ITR 166 specifically at page 171. I have gone through that decision and noted that the decision does not relate to the interest on refund and there is no finding in the decision that interest on refund has to be assessed under the head ‘Income from business’. This decision cannot assist the assessee. I accordingly dismiss this plea of the ld. AR. 6. In th…

Donald Miranda v. CIT (42 ITR 166) — Cited in 3 Judgments | BharatTax