JHARKHAND v. ANBAY CEMENTS

THE PR.COMMISSIONER OF vs. M/S MAHAVEER TUSCAN

Bench: SATISH CHANDRA SHARMA,V SRISHANANDA

…s have to be strictly complied with. [See: ‘EAGLE FLASK INDUSTRIES LTD., VS. COMMISSIONER OF CENTRAL EXCISE’, (2004) 7 SCC 377 AND ‘STATE OF JHARKHAND VS. ANBAY CEMENTS’, (2005) 1 SCC 368, ‘STATE OF BIHAR VS. KALYANPUR CEMENTS LTD.’, (2010) 3 SCC 274 and ‘DEPUTY COMMISSIONER OF INCOME TAX, 13 CIRCLE 11(1), BANGALORE VS. ACE MULTI AXES SYSTEMS LTD.’, AIR 2017 SC 5660]. The constitution bench of the Supreme Court in DILIP KUMAR AND COMPANY SUPRA has held that incentive provision is subjected to strict interpretation and until the stage of finding out the eligibility to claim deduction,…

THE COMMISSIONER OF INCOME TAX vs. M/S BRIGADE ENTERPRISES LTD

In the result, we do not find any merit in this

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

…hose conditions have to be strictly complied with. [See: ‘EAGLE FLASK INDUSTRIES LTD., VS. COMMISSIONER OF CENTRAL EXCISE’, (2004) 7 SCC 377 AND ‘STATE OF JHARKHAND VS. ANBAY CEMENTS’, (2005) 1 SCC 368, ‘STATE OF BIHAR VS. KALYANPUR CEMENTS LTD.’, (2010) 3 SCC 274 and ‘DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 11(1), BANGALORE VS. ACE MULTI AXES SYSTEMS LTD.’, AIR 2017 SC 5660]. The constitution bench of the Supreme Court in DILIP KUMAR AND COMPANY SUPRA has held that incentive provision is subjected to strict interpretation and until the stage of finding out the eligibility to claim deduction, the a…

NATIONAL CO-OPERATIVE DEVELOPMENT CORPORATION vs. COMMISSIONER OF INCOME TAX-V, DELHI

Bench: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL

…s an allowable revenue expenditure. 33. The logical conclusion is that every application of income towards business objective of the appellant-Corporation is a business expenditure and nothing else. The endeavour of the Revenue Department to rely on 8 (1973) 3 SCC 274 (more specifically para 23) 27 the judgment in the Sitaldas Tirathdas case9 is not appreciable since that was a case dealing with the obligation of an individual who was compelled to apply a portion of his income for the maintenance of persons whom he was under a personal and legal obligation to maintain. The IT Act does not permit any…

THE COMMISSIONER OF INCOME - TAX vs. M/S. MAHAVEER MARVEL

In the result, the appeal fails and the same is

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

…hose conditions have to be strictly complied with. [See: ‘EAGLE FLASK INDUSTRIES LTD., VS. COMMISSIONER OF CENTRAL EXCISE’, (2004) 7 SCC 377 AND ‘STATE OF JHARKHAND VS. ANBAY CEMENTS’, (2005) 1 SCC 368, ‘STATE OF BIHAR VS. KALYANPUR CEMENTS LTD.’, (2010) 3 SCC 274 and ‘DEPUTY COMMISSIONR OF INCOME TAX, CIRCLE 11(1), BANGALORE VS. ACE MULTI AXES SYSTEMS LTD.’, AIR 2017 SC 5660]. The constitution bench of the Supreme Court in COMMISSIONER OF CUSTOMS (IMPORT), MUMBAI VS. DILIP KUMAR AND COMPANY AND ORS. has held that incentive provision is subjected to strict interpretation and until the stage of findin…

THE PR.COMMISSIONER OF INCOME TAX vs. SRI KOUNDINYA EDUCATIONAL SOCIETY

Bench: C.PRAVEEN KUMAR,CHEEKATI MANAVENDRANATH ROY

…673 61. (1995) 6 SCC 53 62. (2006) 3 SCC 620 63. (2011) 3 SCC 193 64. (2004) 6 SCC 465 65. 1980 AIR 1992 66. AIR 1978 Supreme Court 597 (1) 67. [1974] 2 S.C.R. 348 68. 1991 AIR 1153 69. Civil appeal Nos.3860-3862 of 2020 dated 01.12.2020 70. (2010) 3 SCC 274 71. 3 [1976] 1 Ch 179 (Court of Appeal) 72. [1951] 2 K.B. 215 73. [2001] QB 213 74. Harry Woolf and others, De Smith‟s Judicial Review (8th edn, Thomson Reuters 2018). 75. [2002] 1 W.L.R. 237 76. M.P. Jain and S.N. Jain, Principles of Administrative Law (7th edn., EBC 2013). 77. 359 US 535 (1959); the principle espoused in this judgment ha…