Faqir Chand Gulati v. Uppal Agencies Pvt. Ltd.

10 SCC 345Supreme Court of India2008#8842 most cited
12

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Issues it is cited on

section 80ia(13)section 80iabsection 80ia(4)(i)section 8osection 80ia(4)infrastructure facilitydeduction under section 80iadeduction u/s 80iasection 17section 201(1a)section 194csection 80ia

Judgments citing Faqir Chand Gulati v. Uppal Agencies Pvt. Ltd.

M/S. SHREE BALAJI ENGICONS PVT. LTD.,BELPAHAR, JHARSUGUDA vs. DCIT, CENTRAL CIRCLE-1(1), SAMBALPUR, SAMBALPUR

In the result, appeals of the assesee in IT(SS)A No

ITA 89/CTK/2023[2017-18]Status: DisposedITAT Cuttack07 Jan 2025AY 2017-18

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

Section 153ASection 194CSection 80Section 801A

…that the authorities have decided this issue on the basis of facts and circumstances of each case. 8.The Hon'ble Supreme Court has made a detailed discussion on the Concept of Joint Venture the case of Faqir Chand Gulati u. Uppal Agencies Private Ltd. (2008) 10 SCC 345. The relevant observations are extracted below:- 17. This Court had occasion to consider the nature of joint venture in New Horizons Ltd v. Union of India (1995 (1) SCC 478). This Court held The expression joint venture is more frequently used in the United States. It connotes a legal entity in the nature of a partnership engaged in the joint und…

M/S. SHREE BALAJI ENGICONS PVT. LTD.,BELPAHAR, JHARSUGUDA vs. ACIT, CENTRAL CIRCLE-1(1), SAMBALPUR, SAMBALPUR

In the result, appeals of the assesee in IT(SS)A No

ITA 88/CTK/2023[2016-17]Status: DisposedITAT Cuttack07 Jan 2025AY 2016-17

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

Section 153ASection 194CSection 80Section 801A

…that the authorities have decided this issue on the basis of facts and circumstances of each case. 8.The Hon'ble Supreme Court has made a detailed discussion on the Concept of Joint Venture the case of Faqir Chand Gulati u. Uppal Agencies Private Ltd. (2008) 10 SCC 345. The relevant observations are extracted below:- 17. This Court had occasion to consider the nature of joint venture in New Horizons Ltd v. Union of India (1995 (1) SCC 478). This Court held The expression joint venture is more frequently used in the United States. It connotes a legal entity in the nature of a partnership engaged in the joint und…

ASST. CIT, CENTRAL CIRCLE, SAMBALPUR, AAYAKAR BHAWAN, SAMBALPUR vs. SHREE BALAJI ENGICON LIMITED, BELPAHAR RS

In the result, appeals of the assesee in IT(SS)A No

ITA 320/CTK/2023[2011-12]Status: DisposedITAT Cuttack07 Jan 2025AY 2011-12

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

Section 153ASection 194CSection 80Section 801A

…that the authorities have decided this issue on the basis of facts and circumstances of each case. 8.The Hon'ble Supreme Court has made a detailed discussion on the Concept of Joint Venture the case of Faqir Chand Gulati u. Uppal Agencies Private Ltd. (2008) 10 SCC 345. The relevant observations are extracted below:- 17. This Court had occasion to consider the nature of joint venture in New Horizons Ltd v. Union of India (1995 (1) SCC 478). This Court held The expression joint venture is more frequently used in the United States. It connotes a legal entity in the nature of a partnership engaged in the joint und…

M/S. SHREE BAALAJI ENGICONS LIMITED,JHARSUGUDA vs. DEPUTY COMMISSIONER OF INCOME TAX ( CENTRAL CIRCLE-1(1), SAMBALPUR

In the result, appeals of the assesee in IT(SS)A No

ITA 296/CTK/2023[2013-14]Status: DisposedITAT Cuttack07 Jan 2025AY 2013-14

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

Section 153ASection 194CSection 80Section 801A

…that the authorities have decided this issue on the basis of facts and circumstances of each case. 8.The Hon'ble Supreme Court has made a detailed discussion on the Concept of Joint Venture the case of Faqir Chand Gulati u. Uppal Agencies Private Ltd. (2008) 10 SCC 345. The relevant observations are extracted below:- 17. This Court had occasion to consider the nature of joint venture in New Horizons Ltd v. Union of India (1995 (1) SCC 478). This Court held The expression joint venture is more frequently used in the United States. It connotes a legal entity in the nature of a partnership engaged in the joint und…

ACIT, CENTRAL CIRCLE, SAMBALPUR, SAMBALPUR vs. M/S. SHREE BALAJI ENGICONS PVT. LTD., JHARSUGUDA

In the result, appeals of the assesee in IT(SS)A No

ITA 142/CTK/2023[2017-18]Status: DisposedITAT Cuttack07 Jan 2025AY 2017-18

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

Section 153ASection 194CSection 80Section 801A

…that the authorities have decided this issue on the basis of facts and circumstances of each case. 8.The Hon'ble Supreme Court has made a detailed discussion on the Concept of Joint Venture the case of Faqir Chand Gulati u. Uppal Agencies Private Ltd. (2008) 10 SCC 345. The relevant observations are extracted below:- 17. This Court had occasion to consider the nature of joint venture in New Horizons Ltd v. Union of India (1995 (1) SCC 478). This Court held The expression joint venture is more frequently used in the United States. It connotes a legal entity in the nature of a partnership engaged in the joint und…

ACIT, CENTRAL CIRCLE, SAMBALPUR, SAMBALPUR vs. M/S. SHREE BALAJI ENGICONS PVT. LTD., JHARSUGUDA

In the result, appeals of the assesee in IT(SS)A No

ITA 141/CTK/2023[2016-17]Status: DisposedITAT Cuttack07 Jan 2025AY 2016-17

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

Section 153ASection 194CSection 80Section 801A

…that the authorities have decided this issue on the basis of facts and circumstances of each case. 8.The Hon'ble Supreme Court has made a detailed discussion on the Concept of Joint Venture the case of Faqir Chand Gulati u. Uppal Agencies Private Ltd. (2008) 10 SCC 345. The relevant observations are extracted below:- 17. This Court had occasion to consider the nature of joint venture in New Horizons Ltd v. Union of India (1995 (1) SCC 478). This Court held The expression joint venture is more frequently used in the United States. It connotes a legal entity in the nature of a partnership engaged in the joint und…

ACIT, CENTRAL CIRCLE, SAMBALPUR, SAMBALPUR vs. M/S. SHREE BALAJI ENGICONS PVT. LTD., JHARSUGUDA

In the result, appeals of the assesee in IT(SS)A No

ITA 13/CTK/2023[2018-19]Status: DisposedITAT Cuttack07 Jan 2025AY 2018-19

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

Section 153ASection 194CSection 80Section 801A

…that the authorities have decided this issue on the basis of facts and circumstances of each case. 8.The Hon'ble Supreme Court has made a detailed discussion on the Concept of Joint Venture the case of Faqir Chand Gulati u. Uppal Agencies Private Ltd. (2008) 10 SCC 345. The relevant observations are extracted below:- 17. This Court had occasion to consider the nature of joint venture in New Horizons Ltd v. Union of India (1995 (1) SCC 478). This Court held The expression joint venture is more frequently used in the United States. It connotes a legal entity in the nature of a partnership engaged in the joint und…

RAMKY ECI JV,TELEGANA vs. INCOME TAX OFFICER, TDS-1, GUWAHATI

In the result, both the appeals of the assessee are allowed

ITA 160/GTY/2020[2019-20]Status: DisposedITAT Guwahati31 Aug 2023AY 2019-20

Bench: Shri Rajpal Yadav & Shri Girish Agrawal

For Appellant: Md. Afjal, AdvocateFor Respondent: I. Gyaneshori Devi, JCIT
Section 194CSection 194HSection 201(1)

…e authorities have decided this issue on the basis of facts and circumstances of each case. 8. The Hon’ble Supreme Court has made a detailed discussion on the concept of “Joint Venture” in the case of Fazir Chand Gulati Vs. Uppal Agencies Private Ltd. (2008) 10 SCC 345. The relevant observations are extracted below:- “17. This Court had occasion to consider the nature of `joint venture' in New Horizons Ltd vs. Union of India [1995 (1) SCC 478). This Court held : "The expression "joint venture" is more frequently used in the United States. It connotes a legal entity in the nature of a partnership engaged in the j…

RAMKY ECI JV,TELANGANA vs. INCOME TAX OFFICER, TDS-1, GUWAHATI

In the result, both the appeals of the assessee are allowed

ITA 159/GTY/2020[2018-19]Status: DisposedITAT Guwahati31 Aug 2023AY 2018-19

Bench: Shri Rajpal Yadav & Shri Girish Agrawal

For Appellant: Md. Afjal, AdvocateFor Respondent: I. Gyaneshori Devi, JCIT
Section 194CSection 194HSection 201(1)

…e authorities have decided this issue on the basis of facts and circumstances of each case. 8. The Hon’ble Supreme Court has made a detailed discussion on the concept of “Joint Venture” in the case of Fazir Chand Gulati Vs. Uppal Agencies Private Ltd. (2008) 10 SCC 345. The relevant observations are extracted below:- “17. This Court had occasion to consider the nature of `joint venture' in New Horizons Ltd vs. Union of India [1995 (1) SCC 478). This Court held : "The expression "joint venture" is more frequently used in the United States. It connotes a legal entity in the nature of a partnership engaged in the j…

THE ITO, WARD-5(4),, BARODA vs. M/S. SHUBHAM ENTERPRISE,, BARODA

In the result, Revenue’s appeal stands dismissed

ITA 3016/AHD/2014[2010-11]Status: DisposedITAT Ahmedabad06 Jun 2018AY 2010-11

Bench: Shri N.K. Billaiya & Ms. Madhumita Royआयकर अपील सं./I.T.A. No.3016/Ahd/2014 ("नधा"रण वष" / Assessment Year : 2010-11)

For Appellant: Shri V.K. Singh, Sr.DRFor Respondent: Shri Sakar Sharma, AR
Section 143(3)Section 80I

…ossession and had also carried out the construction work for development of the housing project, it had to be deemed to be the "owner" u/s 2(47)(v) r.w.s. 53A of the TOP Act even though formal title had not passed (Faqir Chand Gulati vs. Uppal Agencies (2008) 10 SCC 345 distinguished).” The Jurisdictional Tribunal has allowed the deduction u/s.80IB(10) of the Act on similar set of facts in the case of M/s.Satsang Developers in ITA No.1101 &2498/Ahd/2012 by and under order dated 12.11.2013 as also in the matters of M/s.Sagar Associates and M/s.Sagar Builders in ITA No.460 & 461/Ahd/2013 by common order dated 26.1…

ITO 12(1)(2), MUMBAI vs. L & T HCC JOINT VENTURE, MUMBAI

In the result, the appeal filed by the revenue is hereby ordered to be dismissed

ITA 8451/MUM/2011[2007-08]Status: DisposedITAT Mumbai06 Jun 2018AY 2007-08

Bench: Shri R. C. Sharma, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.8451/Mum/2011 (निर्धारण वर्ा / Assessment Year: 2008-09) Ito 12(1)(2) बिधम/ M/S. L&T Hcc Joint R.No. 116, 1St Floor, Venture L&T House, N.M. Vs. Aayakar Bhavan, M.K. Marg, Ballard Estate, Road, Mumbai-400020. Mumbai-400001. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaal0661M (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri R. P. Meena (Dr) Assessee By: Shri Vijay Mehta (Ar) सुनवाई की तारीख / Date Of Hearing: 08.03.2018 घोषणा की तारीख /Date Of Pronouncement: 06.06.2018 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 15.09.2011 Passed By The Commissioner Of Income Tax (Appeals) -23, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2008- 09. 2. The Revenue Has Raised The Following Grounds: - “1 On The Facts & In The Circumstances Of The Case & In Law, The Id. Cit(A) Erred In Holding That The Income Of The Assessee Is Liable To Be Assessed As A Separate Independent Entity & Can Not Be Assessed As An Aop. 1A While Doing So The Id Cit(A) Failed To Appreciate The Fact That The Assessee Being The Joint Venture It Can Be Treated As An Aop In A.Y.2008-09

For Appellant: Shri Vijay Mehta (AR)For Respondent: Shri R. P. Meena (DR)
Section 142(1)Section 143(1)Section 143(2)Section 194CSection 2Section 2(31)Section 2(31)(v)Section 40

…er process. They regulate themselves, by entering into an agreement, the methodology to be 7 8. The Hon’ble Supreme Court has made a detailed discussion on the concept of “Joint Venture” in the case of Fazir Chand Gulati Vs. Uppal Agencies Private Ltd. (2008) 10 SCC 345. The relevant observations are extracted below:- “17. This Court had occasion to consider the nature of `jointventure' in New Horizons Ltd vs. Union of India [1995 (1) SCC 478). This Court held : "The expression "joint venture" is more frequently used in the United States. It connotes a legal entity in the nature of a partnership engaged in the jo…

ITO vs. SRI. N.P. BAGWA & OTHERS,

In the result, all these appeals and cross objections are allowed

ITA 1012/BANG/2013[2008-09]Status: DisposedITAT Bangalore30 Jun 2016AY 2008-09

Bench: Shri Sunil Kumar Yadav & Shri A. K. Garodia

For Appellant: Shri S. Venkatesan, CAFor Respondent: Shri Sunil Kumar Agarwala, JCIT
Section 144

…the Hon'ble Supreme Court :- [1] CIT V. INDIRA BALAKRISHNAN reported in 39 ITR 546 [SC] [2] G. MURUGESAN & BROTHERS reported in 88 ITR 432 [SC] [3] N.V.SHANMUGAM & CO., reported in 81 ITR 310 [SC] [4] FAQIR CHAND GULATI V. UPPAL AGENCIES P. LTD. reported in 10 SCC 345 [2008] 3[B] The learned CIT[A] has failed to note the joint development agreement having been entered into on ITA Nos.1012-1014-13, CO Nos.5,6,& 7- 14 & 930-932-13 & 714 to 718-16 09/0612006 and the possession to the developer given on 09/06/2006 itself notwithstanding the fact that there was a litigation would not make any difference to the appli…