How many judgments cite Hindustan Tea Trading Co. Ltd. v. CIT?

55 judgments on BharatTax cite Hindustan Tea Trading Co. Ltd. v. CIT (263 ITR 289), spanning 2013 to 2025.

Which sections of the Income Tax Act does Hindustan Tea Trading Co. Ltd. v. CIT come up under?

It is most often cited in judgments turning on Section 68, Section 147, Section 143(2), Section 148, Section 115BBE, Section 142(1).

Hindustan Tea Trading Co. Ltd. v. CIT

263 ITR 289High Court2003#2104 most cited

What is Hindustan Tea Trading Co. Ltd. v. CIT authority for?

Under Section 68, the assessee discharges the initial onus by producing sufficient material and explanation for cash credits. Once material is provided, the Assessing Officer must conduct a proper and thorough inquiry into it, as a half-hearted inquiry or overlooking materials is impermissible.

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2013 to 2025.

Also referred to as

Hindustan Tea Trading Co. Ltd. v. CIT · Section 68 · cash credit · burden of proof · onus discharge · Assessing Officer inquiry · genuineness of transaction · creditworthiness of creditor · source of source

Sections most often in play

Section 68 Section 147 Section 143(2)Section 148 Section 115BBE Section 142(1)Section 250 Section 127

Issues it is cited on

creditworthiness of the creditor permanent account number addition under section 68 retracted statement source of source beneficial owner section 260a addition u/s 68 genuineness of the transaction share application money accommodation entry section 127

Judgments citing Hindustan Tea Trading Co. Ltd. v. CIT

Maruti Tradexim Pvt. Ltd., New Delhi vs. ITO, Ward- 16(2), New Delhi

ITA 3615/DEL/2018[2012-13]Status: DisposedITAT Delhi26 Apr 2023AY 2012-13

Bench: Shri Shamim Yahya & Ms. Astha Chandraasstt. Year: 2012-13

For Appellant: NoneFor Respondent: Shri Anil Kumar Sharma, Sr. DR

Section 131Section 143(3)Section 68

…ssessee. The Hon'ble Supreme Court was in agreement with above decisions of Delhi High Court, however, on conclusion of facts only without answering the ratio laid down as sought to be pronounced by Delhi High Court [Ref: Hindustan Tea Trading Co. Ltd. vs CIT 263 ITR 289 (Kol)]. 8.19 However, subsequently, the above decisions of the Hon'ble Supreme Court and Delhi High Court have been considered by various Courts including Delhi High Court itself. Based on the findings of facts and detailed investigations, these courts have distinguished the observations of the Hon'ble Supreme Court in Stellar Investment Ltd and…

ITO, Ward-6(1), Kolkata vs. M.D.Ornaments (P) Ltd, Kolkata

ITA 646/KOL/2020[2012-13]Status: DisposedITAT Kolkata19 Apr 2023AY 2012-13

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.646/Kol/2020 Assessment Year: 2012-13 Ito, Ward-6(1), Kolkata...................……….........…..........….…… Appellant Vs. M/S M.D. Ornaments Pvt. Ltd..….....……........….....…...…..…..... Respondent 1/1A, Vansittart Row, Dalhousie, Kolkata-1. [Pan:Aaacd9561A] Appearances By: Shri Rajeeva Kumar, Adv., Appeared On Behalf Of The Appellant. Shri Vijay Kumar, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 09, 2023 Date Of Pronouncing The Order : April 19, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Revenue Against The Order Dated 02.09.2020 Of The Commissioner Of Income Tax (Appeals)-7, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Revenue In This Appeal Is Aggrieved By The Action Of The Cit(A) In Deleting The Additions Made By The Assessing Officer In Respect Of Receipt Of Rs.2,28,00,000/- By The Assessee Company Which Was Treated By The Assessing Officer As Unexplained Income Of The Assessee U/S 68 Of The Act On The Ground That The Assessee Had Failed To Establish The Identity, Genuineness & Creditworthiness Of The Share Subscribers.

Section 131Section 133(6)Section 142(1)Section 250Section 68

…st or that the money was not invested by them through banking channels." I.T.A. No.646/Kol/2020 Assessment Year: 2012-13 M/s M.D. Ornaments Pvt. Ltd. Having found such, the Tribunal had relied on the judgement in Hindusthan Tea Trading Co. Ltd. v. CIT (Cal): 263 ITR 289 (Cal) to uphold the order of the CIT. In view of the findings above noted, no substantial question of law arises and therefore, the appeal and the application are dismissed." 5.9 Again, the Hon'ble Jurisdictional High Court in the case of CIT vs. Sanchati Projects (P.) Ltd. [ITAT 140 of 2011 dated 08.06.2011] it was observed as under: - "It appea…

Bhavendra Hasmukhlal Patadia. Legal Heir of Hasmukhlal Patadia., Cuttack vs. ITO Ward-!(1), Cuttack

In the result, appeal of the assessee is allowed

ITA 125/CTK/2022[2015-16]Status: DisposedITAT Cuttack26 Dec 2022AY 2015-16

Bench: Shri George Mathan & Shri Arun Khodpiaआयकर अऩीऱ सं/Ita No.125/Ctk/2022 (ननधाारण वषा / Assessment Year :2015-2016) Bhavendra Hasmukhlal Patadia, Vs Ito, Ward-1(1), Cuttack Legal Heir Of Hasmukhlal Patadia, Nayabazar, Chauliaganj, Cuttack-753004 Pan No. :Adapp 6256 G (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee By : Shri Deepak Shah, Ar राजस्व की ओर से /Revenue By : Shri M.K.Gautam, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 26/12/2022 घोषणा की तारीख/Date Of Pronouncement : 26/12/2022 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld Pr.Cit, Cuttack, Passed In Itba/Com/F/17/2019-20/1026790827(1), Dated 19.03.2020, For The Assessment Year 2015-2016. Head On The Question Of Condonation Of Delay 2. On Perusal Of The Appeal Record, It Is Found That The Appeal Of The Assessee Is Barred By 784 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Dated 11.07.2022 Along With Affidavit Stating Therein That Due To Continuous Lockdown On Account Of Spread Of Covid-19, The Assessee Could Not File The Present Appeal In Time, Therefore, He Prayed That Delay Of 784 Days In Filing The Present Appeal May Kindly Be Condoned. On The Other Hand, Ld. Cit-Dr Did Not Object To The Above Submission Of The Ld. Ar. Considering The Above, We Condone

For Appellant: Shri Deepak Shah, ARFor Respondent: Shri M.K.Gautam, CIT-DR

Section 143(3)Section 263

…nquiry as no definite conclusion could be arrived merely on the filing of confirmation before the Assessing Officer. This finds support from the judgment rendered by the Hon'ble Calcutta High Court in the case of Hindusthan Tea Trading Co. Ltd. vs. CIT [2003] 263 ITR 289/129 Taxman 601 pages 299 and 300 as under: "But when the income-tax file numbers were disclosed, even though despite service of notices, the 14 persons failed to respond, it was incumbent on the income-tax authority to ascertain from the income-tax file numbers whether the files were in existence and on the basis of such files the identity of the…

Income Tax Officer, Ward-1, Kadapa vs. Pritham & Prathik Hospitals Private Limited, Kadapa

In the result, the appeal of Revenue is partly allowed for statistical purposes

ITA 97/HYD/2019[2014-15]Status: DisposedITAT Hyderabad29 Nov 2022AY 2014-15

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2014-15 Income Tax Officer, Vs. M/S. Pritham & Prathik Ward – 1, Hospitals Pvt. Limited, Kadapa. Kadapa – 516002. Pan : Aahcp6013E. (Appellant) (Respondent) C.O.No.10/Hyd/2019 (In Ita 97/Hyd/2019) M/S. Pritham & Prathik Vs. Income Tax Officer, Hospitals Pvt. Limited, Ward – 1, Kadapa – 516002. Kadapa. Pan : Aahcp6013E. (Cross Objector / (Respondent) Appellant) Assessee By: Ms. S. Sandhya, Advocate. Revenue By: Ms. Swapna. Date Of Hearing: 24.11.2022 Date Of Pronouncement: 29.11.2022 Per Laliet Kumar, J.M. This Appeal By The Revenue & Cross-Objection By The Assessee Are Directed Against The Order Of Commissioner Of Income Tax (Appeals), Kurnool Dated 29.11.2018 For The Assessment Year 2014-15. 2. The Revenue Has Raised The Following Grounds :

For Appellant: Ms. S. Sandhya, AdvocateFor Respondent: Ms. Swapna

Section 133ASection 142(1)Section 143(3)Section 68Section 69

…आयकर अपीलीय अधिकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ B ‘ Bench, Hyderabad Before Shri R.K. Panda, Accountant Member AND Shri Laliet Kumar, Judicial Member Assessment Year: 2014-15 Income Tax Officer, Vs. M/s. Pritham and Prathik Ward – 1, Hospitals Pvt. Limited, Kadapa. Kadapa – 516002. PAN : AAHCP6013E. (Appellant) (Respondent) C.O.No.10/Hyd/2019 (in ITA 97/Hyd/2019) M/s. Pritham and Prathik Vs. Income Tax Officer, Hospitals Pvt. Limited, Ward – 1, Kadapa – 516002. Kadapa. PAN : AAHCP6013E. (Cross Objector / (Respondent) Appellant) Assessee by: Ms. S. Sandhya, Advocate. Revenue by:…

Sarika Ashok Satav, Pune vs. Income-Tax Officer, Ward - 12(4), Pune

Appeal is partly allowed for statistical purposes in above terms

ITA 1952/PUN/2017[2013-14]Status: DisposedITAT Pune18 Oct 2022AY 2013-14

Bench: Shri S.S.Godara, Jm & Shri G.D. Padmahshali, Am आयकर अपील सं. / Ita No.1952/Pun/2017 धनधाारण वषा / Assessment Year : 2013-14

For Appellant: Shri Deepak SasarFor Respondent: Shri M.G. Jasnani

Section 133(6)Section 143(2)Section 143(3)

…n the case of CIT vs. Precision Finance Pvt. Ltd (1994) 208 ITR 465 (Cal), it has been held that, the fact that the amount is received by account payee cheque does not make it sacrosanct. It has also been held in CIT vs. Ruby Traders and Exporters Ltd. (2003) 263 ITR 300 (Cal), that if only list is given of creditors but identity and creditworthiness not proved by the Assessee, Section 68 is attracted, even if payment is made by cheque. In CIT vs. Korlay Trading Co. Ltd (1998) 232 ITR 820 (Cal), it has been held that, even the IT particulars where creditor is assessed may not be sufficient. Thus, in case of the A…

ITO, New Delhi vs. M/S Magical Infotech (P) Ltd., Delhi

In the result, the appeal of the Revenue is allowed for statistical purpose

ITA 1189/DEL/2017[2012-13]Status: DisposedITAT Delhi12 Apr 2022AY 2012-13

Bench: Sh. A.D. Jaindr. B. R. R. Kumar(Through Video Conferencing) Ita No.1189/Del/2017 : Asstt. Year: 2012-13 Income Tax Officer, Vs M/S Magical Infotech (P) Ltd. Ward-21(1), [Now Readystream Infotech (P) Ltd.] New Delhi T-336/B, Gali No.8, Near Ojha Dharamshala, Gautampuri, Delhi-110053 (Appellant) (Respondent) Pan No. Aahcm6581C

For Appellant: NoneFor Respondent: Ms. Sarita Kumari, CIT-DR

Section 68

…may not be sufficient to discharge the burden. The ITO had asked the assessee to prove the subscribers and establish its case. But the appellant die not do so. The addition made by the A.O. was upheld by the High Court. In Ruby Traders & Exports Ltd. (2003), 263 ITR 300, the Calcutta High Court held that when Section-68 was resorted to, it is incumbent on the appellant to prove and establish the identity of the subscribes, their creditworthiness and the genuineness of the transaction. Once materials to prove their ingredients are produced, it is for the A. C. to find out whether on these materials the appellant…

Rajasthan Land Developers Pvt. Ltd, Jaipur vs. DCIT, Jaipur

In the result, ground no. 3 of the assessee’s appeal is allowed

ITA 109/JPR/2017[2007-08]Status: DisposedITAT Jaipur17 Mar 2020AY 2007-08

For Appellant: Sh. Mohit Khandelwal (Adv.)For Respondent: Sh. Varindar Mehta (CIT)

Section 68

…ted enquiry. When looking at the facts, the Court has every right to scrutinize the situation and find out as to whether enquiry was made reasonably with the prudence of a reasonable man. Reliance is placed on the case of Hindustan Tea Trading Co Ltd vs. CIT, 263 ITR 289. However in the instant case, the learned Assessing Officer acted contrary to the said principle. 20. The ld. AR further placed reliance on the case of Commissioner of Income Tax vs. S.C. Sethi, 2006 SCC Online Raj. 329, wherein in the similar set of circumstances, the Hon'ble Rajasthan High Court has held the assessment cannot be done solely on…

Shaikshanik Keishank Samaj, Ghaziabad vs. Addl. CIT, Ghaziabad

In the result, all the appeal of the assessee is dismissed

ITA 650/DEL/2012[2008-09]Status: DisposedITAT Delhi26 Sept 2019AY 2008-09

For Appellant: Sh. Praveen Singhal, CA &For Respondent: Sh. N. K. Bansal, Sr. DR

Section 11Section 115BSection 12Section 12ASection 143(3)Section 250Section 68

…were also recorded, the amount of share capital/share application money 8 Shaikshanik Krishank Samaj could not be treated as unexplained cash credits and no addition could be made under section 68.” In the case of Hindustan Tea Trading Co. Ltd. v. CIT [2003] 263 ITR 289/129 Taxman 601 (Cal.), it was held that: “Addition under section 68 can be made only if the assessee offers no explanation regarding the source of the credit or the explanation is not found satisfactory; once the assessee- company had given the income-tax file numbers of the subscribers to its capital, it was for the ITO to enquire about it and f…

Titan Engineering Co. Pvt. Ltd., Durgapur vs. DCIT, Circle - 1(2), Kolkata

Appeal is partly allowed in above terms

ITA 2250/KOL/2018[2012-13]Status: DisposedITAT Kolkata17 May 2019AY 2012-13

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13 Titan Engineering Co. Pvt. V/S. Dcit, Circle-1(2), Ltd., Sanjibi Sarani, Aayakar Bhawan, P-7, 7Th Floor, Chowringhee Durgapur-713210 [Pan No.Aabct 4321 K] Square, Kolkata-69 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri H.V. Bhardwaj, Fca अपीलाथ" क" ओर से/By Appellant Shrishankar Halder, Jcit-Sr-Dr ""यथ" क" ओर से/By Respondent 07-05-2019 सुनवाई क" तार"ख/Date Of Hearing 17-05-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2012-13 Arises Against The Commissioner Of Income Tax (Appeals)-1, Kolkata’S Order Dated 05.09.2018 Passed In Case No.18161/Cit(A)-1/Kol./Cir.-1(2)/2015-16, Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. Learned Counsel Representing Assessee Does Not Press For First Substantive Ground Raised In The Instant Appeal Challenging Liquidated Damage Disallowance Of ₹85,099/- Made In Both The Lower Proceedings Keeping In Mind Smallness Of The Amount. 3. This First Substantive Ground Is Rejected As Not Pressed. 4. Next Comes The Estimated Ad Hoc Disallowance Of Site Expense Amounting To ₹4,74,241/- In Both The Lower Proceedings. The Cit(A)’S Detailed Discussion To This Effect Reads As Follows:-

Section 143(3)

…000] 246 ITR 283 (AP) ; CIT v. United Commercial and Industrial Co. P. Ltd. [1991] 187 ITR 596 (Cal); M. A. UnneeriKutty v. CIT [1992] 198 ITR 147 (Ker); Nemi Chand Kothari v. CIT [2003] 264 ITR 254 (Gauhati); and Hindusthan Tea Trading Co. Ltd. v. CIT [2003] 263 ITR 289 (Cal) support the view that Revenue authorities are entitled to consider genuineness of the transactions and to penetrate the veil in order to ascertain the truth. They are entitled to look into the surrounding circumstances to find out the realities of the transactions shown to have been entered into by the parties In view of the above discussio…

DCIT, Circle-3(1), Kolkata vs. M/S. Lal Baba Seamless Tubes Pvt. Limited, Kolkata

In the result, the appeal of the assessee is treated as allowed for statistical purposes, while the appeal of the Revenue is treated as partly allowed for statistical purposes

ITA 1637/KOL/2017[2014-15]Status: DisposedITAT Kolkata12 Apr 2019AY 2014-15

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri S.S. Viswanethra Ravi

Section 68

…00] 246 ITR 283 (AP) ; CIT v. United Commercial and Industrial Co. P. Ltd. [1991] 187 ITR 596 (Cal); M. A. Unneeri Kutty v. CIT [1992] 198 ITR 147 (Ker); Nemi Chand Kothari v. CIT [2003] 264 ITR 254 (Gauhati); and Hindusthan Tea Trading Co. Ltd. v. CIT [2003] 263 ITR 289 (Cal) support the view that Revenue authorities are entitled to consider genuineness of the transactions and to penetrate the veil in order to ascertain the truth. They are entitled to look into the surrounding circumstances to find out the realities of the transactions shown to have been entered into by the parties. In view of the above discussi…

Lal Baba Seamless Tubes (P) Ltd., Kolkata vs. DCIT, Circle-3(1), Kolkata

In the result, the appeal of the assessee is treated as allowed for statistical purposes, while the appeal of the Revenue is treated as partly allowed for statistical purposes

ITA 1033/KOL/2017[2014-15]Status: DisposedITAT Kolkata12 Apr 2019AY 2014-15

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri S.S. Viswanethra Ravi

Section 68

DCIT CC 3(4) Cen RG 3, Mumbai vs. Mars Realtors P. Ltd, Mumbai

Appeals of the Revenue are dismissed

ITA 7180/MUM/2016[2013-14]Status: DisposedITAT Mumbai05 Apr 2019AY 2013-14

Bench: Shri G.S. Pannu & Shri Amarjit Singh

For Appellant: Shri T. Kipgen, CIT-DRFor Respondent: Shri Vijay Mehta

Section 132(1)Section 132(4)Section 143(3)Section 68

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “D”, MUMBAI BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI AMARJIT SINGH, JUDICIAL MEMBER ITA No A.Y. Appellant Respondent 7177/Mum/16 2009-10 M/s. Dev Land and Housing P Ltd., 10th Floor, Dev Plaza, 7178/Mum/16 2010-11 Opp: Fire brigade, S V Road, Andheri, Deputy Commissioner of Mumbai Income Tax, CC-3(4), [PAN: AACCD3656L] 7179/Mum/16 2013-14 Central Range-3, Mumbai M/s. Mars Realtors Pvt. Ltd., 10th Floor, Dev Plaza, 7180/Mum/16 2013-14 Opp: Fire Brigade, S V Road, Andheri(W), Mumbai [PAN: AAECM5228K] Appellant by : Shri T. Kipgen, CIT-DR Shri Chaitanya A…

DCIT CC 3(4) Cen RG 3, Mumbai vs. Dev Land and Housing P.Ltd, Mumbai

Appeals of the Revenue are dismissed

ITA 7179/MUM/2016[2013-14]Status: DisposedITAT Mumbai05 Apr 2019AY 2013-14

Bench: Shri G.S. Pannu & Shri Amarjit Singh

For Appellant: Shri T. Kipgen, CIT-DRFor Respondent: Shri Vijay Mehta

Section 132(1)Section 132(4)Section 143(3)Section 68

DCIT CC 3(4) Cen RG 3, Mumbai vs. Dev Land and Housing P.Ltd, Mumbai

Appeals of the Revenue are dismissed

ITA 7178/MUM/2016[2010-11]Status: DisposedITAT Mumbai05 Apr 2019AY 2010-11

Bench: Shri G.S. Pannu & Shri Amarjit Singh

For Appellant: Shri T. Kipgen, CIT-DRFor Respondent: Shri Vijay Mehta

Section 132(1)Section 132(4)Section 143(3)Section 68

DCIT CC 3(4) Cen RG 3, Mumbai vs. Dev Land and Housing P.Ltd, Mumbai

Appeals of the Revenue are dismissed

ITA 7177/MUM/2016[2009-10]Status: DisposedITAT Mumbai05 Apr 2019AY 2009-10

Bench: Shri G.S. Pannu & Shri Amarjit Singh

For Appellant: Shri T. Kipgen, CIT-DRFor Respondent: Shri Vijay Mehta

Section 132(1)Section 132(4)Section 143(3)Section 68

Secl Industries Limited, Bathinda vs. DCIT, Ludhiana

In the result, the appeal of the assessee is dismissed

ITA 798/CHANDI/2017[2012-13]Status: DisposedITAT Chandigarh29 Mar 2019AY 2012-13

For Appellant: Shri Sudhir Sehgal, AdvFor Respondent: Smt.Mona Mohanti, CIT DR

Section 133(6)Section 143(3)Section 250(6)Section 68

…of a cash credit is on the assessee and the Assessing Officer is not required to prove the source. Mere furnishing of particulars is not enough, mere payment by account payee by cheque is not sacrosanct as held in Hindustan Tea Trading Co. Ltd. vs CIT 2003 [ 263 ITR 289, 297 (Cal)]. Where there is unexplained cash-credit, it is open to the Assessing Officer to hold that it is income of the assessee and no further burden lies on the Assessing Officer to show that the income is from any particular source as held in CIT vs. Devi Prasad Viswanath Prasad 1969 72 ITR 194 (SC). 10 A.Y.2012-13 7. It is a fact in this…

Dilavarhusain R. Farasta, Ahmedabad vs. The Income Tax Officer, Ward-2(4), Bhavnagar

In the result, appeal of the assessee is dismissed

ITA 140/AHD/2017[2013-14]Status: DisposedITAT Ahmedabad26 Mar 2019AY 2013-14

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediaआयकर अपील सं./I.T.A. No.140/Ahd/2017 ("नधा"रण वष" / Assessment Year : 2013-14)

For Appellant: Shri B.R. Popat, ARFor Respondent: Shri Rajesh Meena, Sr.DR

…those enjoyed or borne by its members. But in certain exceptional cases the Court is entitled to lift the veil of the corporate entity and to pay regard to the economic realities behind the legal facade...." (p. 710) 8.2.4 In the case of Hindustan Tea Trio - 263 ITR 289 (Cal) the Hon'ble Calcutta High Court has held as under – The power of the Assessing Officer under section 68 is not an absolute one. It is subject to his satisfaction where explanation is offered. The power is absolute where the assessee offers no explanation. The satisfaction with regard to explanation is in effect an in-built safeguard in sect…

Mitali Creation Pvt. Ltd., Surat vs. The Income Tax Officer, Ward-1(3), Now Ward-1(1)(3), Surat

In the result, the appeal of the assessee is dismissed

ITA 2121/AHD/2015[2012-13]Status: DisposedITAT Surat24 Aug 2018AY 2012-13

Bench: C .M. Garg, Jm & O. P. Meena, Am

Section 2Section 28Section 36(1)(va)Section 43B

…case of CIT vs. KM Jagannathan 180 ITR 191 (Mad) that dismissal of special leave petition by the Supreme Court cannot be construed as affirmation of the decision against which special leave was sought. In the case of Hindustan Tea Trading Company Ltd. vs. CIT 263 ITR 289, 294 (Cal), it was reiterated that a decision becomes binding as a precedent only when the court decides a particular question of law or lays down the ratio through a conscious adjudication. Agreement with the finding of fact Mitali Creation Pvt. Ltd. v. ITO1(1)(3)Surat /I.T.A. No.2121 /Ahd/2015/A.Y.12-13 Page 5 of 6 by the lower court without…

M/S. Sriman Sai Securities Inv. Fin. Ltd vs. The Deputy Commissioner of Income Tax, Karimnagar

ITTA/137/2005HC Telangana20 Dec 2017

Bench: C.V.NAGARJUNA REDDY,M.S.K.JAISWAL

For Appellant: Sri A.V.Krishna KaundinyaFor Respondent: Ms. K.Mamata

Section 68

…Karimnagar … Respondent !Counsel for the appellant : Sri A.V.Krishna Kaundinya ^Counsel for the respondent : Ms. K.Mamata <GIST : >HEAD NOTE : ?Cases referred : 1. (1991) 192 ITR 287 (Del.) 2. (2000) 242 ITR 357 (AP) 3. (2003) 263 ITR 289 (Calcutta) 4. (2017) 394 ITR 383 (Raj.) CVNR, J. & MSKJ, J. itta_137_2005 3 THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND THE HON'BLE SRI JUSTICE M.S.K.JAISWAL I.T.T.A.No. 137 OF 2005 DATED 20TH DECEMBER, 2017 Between: M/s. Sriman Sai Securities Investment Finance Limited, Jagtial … Appellant…

M/S. Triambake Info Technologies Pvt. Ltd., New Delhi vs. ITO, New Delhi

In the result, the appeal of the assessee is dismissed

ITA 3732/DEL/2016[2012-13]Status: DisposedITAT Delhi20 Apr 2017AY 2012-13

Bench: Sh. Bhavnesh Saini

Section 133(6)Section 40

…ue inlimany, without giving any reasons, and therefore, the dismissal did not confirm the view of the Hon'ble Allahabad High Court. In this regard the Hon'ble Calcutta High Court has held in the case of Ruby Traders & exporters Limited reported in Page 4 of 6 263 ITR 300. On this issue the Hon'ble Calcutta High court has held that having regard to the order dismissing the SLP, we find that it was purely on a question of fact the Supreme Court did not interfere. That such a decision has no binding effect under Article 141 of the constitution would be apparent from the decisions in Municipal Corpn. Of Delhi v. Gurn…