Kamlesh Kumar Sharma v. Yogesh Kumar Gupta

3 SCC 45Reported decision1998#24329 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2025.

Sections most often in play

Section 250 Section 269SS Section 269ST Section 271D Section 273B

Judgments citing Kamlesh Kumar Sharma v. Yogesh Kumar Gupta

Mahammad Aftab Kattilvalappil, Thalassery vs. Income Tax Officer, International Taxation Ward, Kozhikode

ITA 543/COCH/2025[2017-18]Status: DisposedITAT Cochin20 Aug 2025AY 2017-18

Bench: SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

For Appellant: None

Section 144Section 250Section 269SSection 271DSection 273B

…is not covered within the ambit of Section 269SS. 2. Violation of Judicial Precedent: It is well-settled law that precedents of superior courts and coordinate benches are binding. The Hon'ble Supreme Court in Kamlesh Kumar Sharma v. Yogesh Kumar Gupta [(1998) 3 SCC 45] has categorically held that the term "otherwise" should be given a restricted interpretation in the context of ejusdem generis. By applying the precedent, the Hon. ITAT, Bangalore Bench in Pushpalatha v. ITO (2024) it was held that otherwise used in Section 269SS doesnot cover the sales consideration. 3. Erroneous Invocation of Section 269SS - Inap…

P.K Yoosuf, Thrissur vs. The JCIT Range 2, Thrissur

ITA 429/COCH/2023[2017-18]Status: DisposedITAT Cochin07 Nov 2024AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singhassessment Year - 2017-2018 Shri P.K. Yoosuf, Thrissur – 680 703 Pan Afipy1654F C/O. M/S. Arikkat Vijayan Joint Commissioner Of Menon Associates, Vs. Income Tax, Range-2, Advocates, “Pratibha” Thrissur. North Railway Station Road, Ernakulam, Kochi-18. Kerala. (Appellant) (Respondent) Assessee By : Ms. Krishna K. Advocate Revenue By : Smt. V. Swarnalatha, Sr. Dr Date Of Hearing : 22.08.2024 Date Of Pronouncement : 07.11.2024 Order Per Bench : This Assessee’S Appeal, For The Assessment Year 2017-2018, Arise Against The Order Of The Learned Cit(A)- Nfac Vide Din & Order No.Itba/Nfac/S/250/2022- 23/1044931801(1) Dated 25.08.2022, In Proceedings U/S.271D Of The Income-Tax Act, 1961; In Short “The Act”.

For Appellant: Ms. Krishna K. AdvocateFor Respondent: Smt. V. Swarnalatha, Sr. DR

Section 269SSection 271D

…sense and it must include the words similar to "money receivable, as advance". In other words, the term "otherwise" cannot be given a wider interpretation. The Hon'ble Supreme Court in the case of Kamlesh Kumar Sharma Vs. Yogesh Kumar Gupta reported in (1998) 3 SCC 45 held that wherever there is term "otherwise" the word is to be given a restricted meaning. The relevant finding of the Hon'ble Apex Court reads as follows: "13. We find, after giving our careful consideration that in case the appellant's' argument is accepted by giving wider interpretation to the word "otherwise", it would thwart the very object of…

The Commissioner of Income Tx-IV vs. Indraprastha Gas Ltd

ITA/67/2016HC Delhi27 Jan 2016

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…the NDMC Act, 1994 is only applicable in the case of „lease, sale or otherwise transfer‟ of immovable property by the NDMC. Relying upon the judgments of the Supreme Court reported as (2009) 8 SCC 605 Union Bank of India Vs. Pijush Kanti Nandy and (1998) 3 SCC 45 Kamlesh Kumar Sharma Vs. Yogesh Kumar Gupta, the IHCL has pleaded that the term „otherwise transfer‟ must be read as ejusdem generis to the terms Sale and Lease. According to IHCL, the essential characteristic of sale and lease is that they are transfers of immoveable property, which create an interest in the immoveable property, and therefore…