(GIT v. S.C. Kothari

69 ITR 1High Court1968#25483 most cited
3

judgments rely on this decision, according to BharatTax’s citation analysis of 348,252 Indian tax judgments — from 2021 to 2024.

Judgments citing (GIT v. S.C. Kothari

Shri Mukesh Rasiklal Shah, Ahmedabad vs. The ACIT, Circle-9, Now Circle-4(2), Ahmedabad

In the result, the appeals filed by the assessee are hereby dismissed

ITA 3218/AHD/2015[1993-94]Status: DisposedITAT Ahmedabad31 Dec 2024AY 1993-94

Bench: Dr. B.R.R. Kumar, Vice-Shri T.R. Senthil Kumar

For Appellant: Shri Mukesh R. Shah – Party in personFor Respondent: Shri Karun Kant Ojha, CIT-DR
Section 132Section 153Section 250

…lay down is, that the Income tax law is not concerned with the legality or illegality of the business. Once it is round that there is a business, legal or illegal, the Income-tax law says that the profits shall be chargeable to tax (GIT vs. S.C. Kothari(1968) 69 ITR 1. 25(Guj). The same was reversed in (1971) 82 ITR 794 (SC). Under the Income-tax Act, the authorities are not concerned only with whether the activities of the assessee are legal or illegal. An assessee may be earning income by indulging in illegal activities like smuggling. The Income-tax Authorities have no power to stop the activity of such an ass…

Shri Mukesh Rasiklal Shah, Ahmedabad vs. The ACIT, Circle-9, Now Circle-4(2), Ahmedabad

In the result, the appeals filed by the assessee are hereby dismissed

ITA 3217/AHD/2015[1992-93]Status: DisposedITAT Ahmedabad31 Dec 2024AY 1992-93

Bench: Dr. B.R.R. Kumar, Vice-Shri T.R. Senthil Kumar

For Appellant: Shri Mukesh R. Shah – Party in personFor Respondent: Shri Karun Kant Ojha, CIT-DR
Section 132Section 153Section 250

…lay down is, that the Income tax law is not concerned with the legality or illegality of the business. Once it is round that there is a business, legal or illegal, the Income-tax law says that the profits shall be chargeable to tax (GIT vs. S.C. Kothari(1968) 69 ITR 1. 25(Guj). The same was reversed in (1971) 82 ITR 794 (SC). Under the Income-tax Act, the authorities are not concerned only with whether the activities of the assessee are legal or illegal. An assessee may be earning income by indulging in illegal activities like smuggling. The Income-tax Authorities have no power to stop the activity of such an ass…

Padmavathi Reddy Gaddam, Hyderabad vs. Dy. Commissioner of Income Tax, International Taxation-1, Hyderabad

Appeal is allowed in above terms

ITA 538/HYD/2019[2008-09]Status: DisposedITAT Hyderabad13 Sept 2021AY 2008-09

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri K.A.Sai Prasad, ARFor Respondent: Shri Rohit Mujumdar, DR
Section 143(3)Section 50CSection 50C(1)

…how the assessee earned her income. This was upheld in many cases viz. CIT v K. Thangamani [2009J 309 ITR 15, [2009J 221 CTR 742 (Madras), K.P.G.B.U.G.M.S.S.A Mohammad Abdul Kareem & Co. v CIT [1948] 16 :- 4 -: ITR 412 (Madras) and CIT v S. C. Kothari [1968J 69 ITR 1 (Gujarat). Until the transaction that took place giving rise to LTCG in the hands of the assessee is overturned by an action of the State Government / assessee/Vendees and the amounts received are paid back by the assessee to the Vendee, the transaction should be considered alive and taxed accordingly." 11. In response to the remand report of the AO…

(GIT v. S.C. Kothari (69 ITR 1) — Cited in 3 Judgments | BharatTax