Geometric Software Solutions Co. Ltd. v. ACIT

32 SOT 428Income Tax Appellate Tribunal2009#14003 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 348,607 Indian tax judgments — from 2015 to 2024.

Issues it is cited on

book profits erroneous and prejudicial section 263 section 26 appeal before the tribunal section 143 person section 14 section 143(3)total income business interest

Judgments citing Geometric Software Solutions Co. Ltd. v. ACIT

M/S Singh Construction Co., Patiala vs. ACIT, Circle, Patial

In the result, the appeal of the assessee is dismissed

ITA 1120/CHANDI/2017[2009-10]Status: DisposedITAT Chandigarh07 Mar 2024AY 2009-10

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

For Appellant: Shri Vipen Sethi, Advocate and Shri Shashi Bhushan Galav, AdvocateFor Respondent: Shri Dharam Vir, JCIT, Sr. DR

Section 133ASection 143(1)Section 143(3)Section 145(3)Section 263Section 68

…t any other items to make fresh assessment - CIT v. D. N. Dosani [2006] 280 ITR 275 (Guj.)(HC) ii) Revision is not like reopening of assessment, entire assessment is not opened before the Assessing Officer - Geometric Software Solutions Co. Ltd. v.ACIT [2009] 32 SOT 428 (Mum.)(Trib.). 18. It was accordingly submitted that none of the grounds of appeal survive for consideration of the ITAT bench except ground No.6 of the assessee's appeal which is anyways withdrawn by the assessee during the course of hearing. It was submitted that this addition contested vide ground No.6 has been made by the Assessing Officer kee…

The Assistant Commissioner of Income-Tax-2(1)Bhilai, Bhilai(Cg) vs. M/S Sms Shivnath Infrasstructure Pvt Ltd., Durg, Durg(Cg)

In the result, appeal of the revenue in ITA No

ITA 87/BIL/2017[2012-13]Status: DisposedITAT Raipur27 Mar 2023AY 2012-13

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अऩीऱ सं./Ita No.87/Rpr/2017 (ननधाारण वषा / Assessment Year :2012-2013) Acit-2(1), Bhilai Vs M/S Sms Shivnath Infrastructure Pvt Ltd.,Toll Plaza, Near Dhamdhanaka, Durg. Pan No. :Aadcs 2258 Q (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. & आयकर अऩीऱ सं./Ita No.107/Rpr/2016 (ननधाारण वषा / Assessment Year :2012-2013) M/S Sms Shivnath Infrastructure Vs Pr.Cit-2, Raipur Pvt Ltd.,Toll Plaza, Near Dhamdhanaka, Durg. Pan No. :Aadcs 2258 Q (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri Kapil Hirani, Adv. & MukeshFor Respondent: Shri Debashis Lahiri, CIT-DR

Section 115JSection 143(3)Section 250(4)Section 36Section 80ISection 80l

…g issued a Show Cause Notice U/s 263 stating the reasons for invoking the section, has no authority to travel beyond the reasons issued in the Notice as has been done in the present case. Reliance placed on Geometric Software Solution Co. Ltd. Vs. ACIT (2009) 32 SOT 428 CIT Vs. Contimeteres Electricals Pvt. Ltd. (2009) 317 ITR 249 (Delhi) Without prejudice, the Minimum Alternative Tax [MAT] provisions as contained in section 115JB, as per well-settled law, are a complete code in itself and create a deeming fiction which is to be construed strictly and therefore, whatever computations/adjustments are to be made, t…

M/S Sms Shivnath Infrastructure Pvt Ltd, Durg(Cg) vs. The Pr. Commissioner of Income Tax-2, Raipur (Cg)

In the result, appeal of the revenue in ITA No

ITA 107/BIL/2016[2011-12]Status: DisposedITAT Raipur27 Mar 2023AY 2011-12

For Appellant: Shri Kapil Hirani, Adv. & MukeshFor Respondent: Shri Debashis Lahiri, CIT-DR

Section 115JSection 143(3)Section 250(4)Section 36Section 80ISection 80l

Vedanta Ltd (Earlier Known As Sterlite Industries (India) Ltd.), Gurgaon vs. ACIT, Circle- 26(1), New Delhi

The appeal of the assessee is allowed

ITA 1454/DEL/2019[2010-11]Status: DisposedITAT Delhi09 Oct 2019AY 2010-11

Bench: Shri Amit Shukla & Shri Prashant Maharishivedanta Ltd. Vs. Acit, (Earlier Known As Sterlite Circle-26(1), Industries (India) Ltd,) New Delhi Core-6, 3Rd Floor, Scope Complex, 7, Lodhi Road, New Delhi Pan: Aaccs7101B (Appellant) (Respondent)

For Appellant: Shri Sachit Jolly, AdvFor Respondent: Smt Sulekha Verma, CIT DR

Section 234BSection 263Section 271

…an that the AO was entitled to process further items while giving effect to the order under s. 263 of the Act. The Tribunal was, therefore, justified in holding that the AO had travelled beyond his jurisdiction. “ Geometric Software Solutions Co. Ltd. vs ACIT 32 SOT 428 ITAT, Mumbai held that “10. Having heard both the parties and having considered the rival contentions, we find that the CIT has revised the assessment order u/s 143(3) by issuing show cause notice only with regard to not reducing the expenditure incurred in the foreign currency for the total export turnover whole computing the deduction u/s 10A of…

M/S.True Value Steels, Mumbai vs. Income Tax Officer-29(3)(2), Mumbai

In the result, the appeal of the assessee is hereby ordered to be allowed

ITA 998/MUM/2019[2011-12]Status: DisposedITAT Mumbai26 Jun 2019AY 2011-12

For Appellant: Shri Bhadresh DoshiFor Respondent: Shri R. Manjunatha Swamy

Section 143(3)Section 147Section 263

…how- cause notice issued u/s 263 of the Act, cannot be the basis for revision of assessment order u/s 263 of the Act. In this regard, we also relied upon the decision of the Delhi High Court in the case of Geometric Software Solutions Co. Ltd. Vs. ACIT (2009) 32 SOT 428 (Mum) and in the case of K. Sera Sera Productions Vs. CIT (2012) 27 taxmann.com 36 (Mum). The facts of the case relied upon by the Ld. Representative of the revenue in case of Amitabh Bachchan Vs. CIT (2016) 69 taxmann.com 170 (SC) as well as Arvee International Vs. ACIT ITA. No.3543/M/2003 (supra) is quite unidentical because an opportunity of be…

Larsen & Toubro Infotech Ltd, Mumbai vs. DCIT Cir 2(2), Mumbai

In the result, the appeals are allowed for statistical purposes

ITA 1886/MUM/2012[2006-07]Status: DisposedITAT Mumbai25 Jan 2018AY 2006-07

Bench: Shri C.N. Prasad () & Shri N.K. Pradhan () Assessment Year: 2006-07 & Assessment Year: 2007-08 Larsen & Toubro Infotech Dcit (Osd)-2(2) Ltd. Taxation Dept., L & T Room No. 577, 5Th Vs. House, 3Rd Floor, N.M. Marg, Floor, Aayakar Bhavan, Ballard Estate, M.K. Marg, Mumbai-400001 Mumbai-400020. Pan No. Aaacl1681P Appellant Respondent Assessment Year: 2008-09 Larsen & Toubro Infotech Jt Cit (Osd)-2(2) Ltd. Room No. 577, 5Th Vs. Taxation Dept., L & T Floor, Aayakar Bhavan, House, 3Rd Floor, N.M. Marg, M.K. Marg, Ballard Estate, Mumbai-400020. Mumbai-400001 Pan No. Aaacl1681P Appellant Respondent

For Appellant: Mr. J.D. Mistry, Senior AdvocateFor Respondent: Mr. B.C.S. Naik, DR

Section 10ASection 10B(4)Section 143(3)Section 263

…g Services (India) Pvt. Ltd. v. ACIT (ITA No. 4329/Mum/2008) (Mumbai Bench), Capgemini India (P.) Ltd. v. Addl. CIT (2011) 46 SOT 195 (Mumbai-ITAT), Relq Software (P.) Ltd. v. ITO (2010) 125 ITD 101 (Bang), Geometric Software Solutions Co. Ltd. v. ACIT (2009) 32 SOT 428 (Mum). Reliance is also placed by them on the decision of the Bombay High Court in CIT v. M/s 3D PLM Software Solutions Ltd. (ITA No. 46, 110 and 112 of 2014). The Ld. counsels thus submit that the AO be directed to re- compute the deduction u/s 10A after including expenditure in foreign currency and communication expenses. Larsen & Toubro Infote…

Infrastructue Development Finance Company Limited, Chennai vs. ACIT, Chennai

In the result, the appeal of the assessee in ITA

ITA 1197/CHNY/2012[2007-08]Status: DisposedITAT Chennai22 May 2015AY 2007-08

Bench: Shri Chandra Poojari & Shri V. Durga Raoआयकर अपील सं./ I.T.A. No.1197/Mds/2012 ("नधा"रण वष" / Assessment Year : 2007-2008)

For Appellant: Shri. Farrokh V. Irani, AdvocateFor Respondent: Shri. N. Rengaraj, IRS, CIT

Section 143(3)Section 263

…(A) No.1023 of 2005 dated 19.06.202 in the case of M/s. PVP Ventures Limited. He also placed reliance in the following cases:- (i) Sharma Engineering Company vs. ITO (1986) 26 TTJ 629 (Allahabad). (ii) Geometric Software Solutions Co. Ltd vs. ACIT, (2009) 32 SOT 428 (Mum). (iii) CIT vs. Ashish Rajpal (2010) 320 ITR 674 (Delhi) 4.4 Without prejudice to the above, he submitted that order of the Assessing Officer dated 30.12.2009 is subject matter of appeal before the Commissioner of Income Tax (Appeals) as the assessee carried on the appeal before him before issue of notice by the Commissioner of Income Tax (…