Keshavji Ravji and Co. v. CIT

82 ITR 913Supreme Court of India1971#431 most cited
209

judgments rely on this decision, according to BharatTax’s citation analysis of 367,368 Indian tax judgments — from 2000 to 2025.

Also referred to as

Keshavji Ravji and Co. v. CIT · Section 269SS penalty · Section 269T penalty · Section 271D penalty · Section 271E penalty · cash transactions penalty · literal interpretation tax law · legislative intent tax · income deemed assessee's · definition of relative

Also reported as

49 Taxmann 87

Sections most often in play

Section 143(3)Section 153ASection 131(1A)Section 132ASection 269SSSection 269TSection 271DSection 271E

Issues it is cited on

section 5(8)closely held companyprincipal director general of income-taxaccumulated profitssection 292bsection 292bbsection 260section 260asection 282section 292section 119section 29

Judgments citing Keshavji Ravji and Co. v. CIT

Innio Jenbacher Gmbh & Co. Og, Austria vs. ACIT, Circle 1(3)(1), International Taxation, New Delhi

In the result, all the appeals filed by the assessee are allowed as

ITA 781/DEL/2023[2013-14]Status: DisposedITAT Delhi06 Nov 2023AY 2013-14

Bench: Shri Shamim Yahya & Shri Kul Bharat

For Appellant: Shri Ravi Sharma, AdvocateFor Respondent: Shri Vijay B. Vasanta, CIT DR
Section 144CSection 144C(5)Section 147

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘D’: NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER ITA No.762/Del/2023 (Assessment Year: 2015-16) ITA No.764/Del/2023 (Assessment Year: 2017-18) Innio Jenbacher GmbH & Co. OG, Austria vs. ACIT, Circle 1(3)(1), C/o Plot No.1-14, Tower-5, Jaypee Wishtown, International Taxation, Sector 128, New Delhi. Noida – 201 304 (Uttar Pradesh). (PAN : AAIFG2692J) Innio Jenbacher GmbH & Co. OG, Austria vs. ACIT, Circle 1(3)(1), (formerly known as GE Jenbacher GmbH & International Taxation, Co. OHG), New Delhi. C/o Plot No.1-14, Tow…

Innio Jenbacher Gmbh & Co Og, Austria vs. ACIT, Circle-1(3)(1) Int. Taxation, New Delhi

In the result, all the appeals filed by the assessee are allowed as

ITA 764/DEL/2023[2017-18]Status: DisposedITAT Delhi06 Nov 2023AY 2017-18

Bench: Shri Shamim Yahya & Shri Kul Bharat

For Appellant: Shri Ravi Sharma, AdvocateFor Respondent: Shri Vijay B. Vasanta, CIT DR
Section 144CSection 144C(5)Section 147

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘D’: NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER ITA No.762/Del/2023 (Assessment Year: 2015-16) ITA No.764/Del/2023 (Assessment Year: 2017-18) Innio Jenbacher GmbH & Co. OG, Austria vs. ACIT, Circle 1(3)(1), C/o Plot No.1-14, Tower-5, Jaypee Wishtown, International Taxation, Sector 128, New Delhi. Noida – 201 304 (Uttar Pradesh). (PAN : AAIFG2692J) Innio Jenbacher GmbH & Co. OG, Austria vs. ACIT, Circle 1(3)(1), (formerly known as GE Jenbacher GmbH & International Taxation, Co. OHG), New Delhi. C/o Plot No.1-14, Tow…

Innio Jenbacher Gmbh & Co Og, Austria vs. ACIT, Circle-1(3)(1) Int. Taxation, New Delhi

In the result, all the appeals filed by the assessee are allowed as

ITA 763/DEL/2023[2016-17]Status: DisposedITAT Delhi06 Nov 2023AY 2016-17

Bench: Shri Shamim Yahya & Shri Kul Bharat

For Appellant: Shri Ravi Sharma, AdvocateFor Respondent: Shri Vijay B. Vasanta, CIT DR
Section 144CSection 144C(5)Section 147

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘D’: NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER ITA No.762/Del/2023 (Assessment Year: 2015-16) ITA No.764/Del/2023 (Assessment Year: 2017-18) Innio Jenbacher GmbH & Co. OG, Austria vs. ACIT, Circle 1(3)(1), C/o Plot No.1-14, Tower-5, Jaypee Wishtown, International Taxation, Sector 128, New Delhi. Noida – 201 304 (Uttar Pradesh). (PAN : AAIFG2692J) Innio Jenbacher GmbH & Co. OG, Austria vs. ACIT, Circle 1(3)(1), (formerly known as GE Jenbacher GmbH & International Taxation, Co. OHG), New Delhi. C/o Plot No.1-14, Tow…

Innio Jenbacher Gmbh & Co Og, Austria vs. ACIT, Circle-1(3)(1), Int. Taxation, New Delhi

In the result, all the appeals filed by the assessee are allowed as

ITA 762/DEL/2023[2015-16]Status: DisposedITAT Delhi06 Nov 2023AY 2015-16

Bench: Shri Shamim Yahya & Shri Kul Bharat

For Appellant: Shri Ravi Sharma, AdvocateFor Respondent: Shri Vijay B. Vasanta, CIT DR
Section 144CSection 144C(5)Section 147

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘D’: NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER ITA No.762/Del/2023 (Assessment Year: 2015-16) ITA No.764/Del/2023 (Assessment Year: 2017-18) Innio Jenbacher GmbH & Co. OG, Austria vs. ACIT, Circle 1(3)(1), C/o Plot No.1-14, Tower-5, Jaypee Wishtown, International Taxation, Sector 128, New Delhi. Noida – 201 304 (Uttar Pradesh). (PAN : AAIFG2692J) Innio Jenbacher GmbH & Co. OG, Austria vs. ACIT, Circle 1(3)(1), (formerly known as GE Jenbacher GmbH & International Taxation, Co. OHG), New Delhi. C/o Plot No.1-14, Tow…

Rhone Associates P.Ltd (Successor to Proactive Telecommunication P.Ltd, Ujwal Network P.Ltd and Sanchi Infratech P.Ltd), Gurgaon vs. ACIT, Central Circle-29, New Delhi

In the result, this appeal filed by the assessee is allowed as indicated

ITA 168/DEL/2023[2012-13]Status: DisposedITAT Delhi01 Nov 2023AY 2012-13

Bench: Shri Shamim Yahya & Shri Yogesh Kumar Usrhone Associates Pvt. Ltd., Vs. Acit, (Successor To Proactive Telecommunication Pvt.Ltd., Central Circle-29, Ujwal Network Pvt. Ltd. & Sanchi Infratech Pvt.Ltd.) O-44, New Mahavir Nagar, Gurgaon – 122 001 (Haryana).

For Appellant: Shri Aman Garg, CAFor Respondent: Shri P.N. Baranwal, CIT DR
Section 119Section 131Section 133

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘F’: NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR US, JUDICIAL MEMBER Rhone Associates Pvt. Ltd., vs. ACIT, (Successor to Proactive Telecommunication Pvt.Ltd., Central Circle-29, Ujwal Network Pvt. Ltd. And Sanchi Infratech Pvt.Ltd.) O-44, New Mahavir Nagar, Gurgaon – 122 001 (Haryana). (PAN : AAECR3953Q) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Aman Garg, CA REVENUE BY : Shri P.N. Baranwal, CIT DR Date of Hearing : 27.10.2023 Date of Order : 01.11.2023 ORDER PER SHAMIM YAHYA, ACCOUNTANT MEMBER : This appeal by the assessee is…

Thales Six Gts France Sas, Delhi vs. DCIT, 3(1)(1), Delhi

In the result, this appeal is allowed as indicated above

ITA 2380/DEL/2022[2017-18]Status: DisposedITAT Delhi09 Oct 2023AY 2017-18

Bench: Shri Shamim Yahya & Shri Anubhav Sharma[Assessment Year: 2017-18]

Section 119Section 143(3)

…nded to the companies they would not he taken into account under Section 12(1 -B), ” Sections 2(6-A)(e) and 12(1-B) did not suffer from the vice of unconstitutionality. This decision was followed in Ellerman Lines case [(1972) 4 SCC 474 : 1974 SCC (Tax) 304 : 82 ITR 913] where referring to another circular issued by the Central Board of Revenue under Section 5(8) of the Indian Income Tax Act, 1922 on which reliance was placed on behalf of the assessee, this Court observed: “Now, coming to the question as to the effect of instructions issued under Section 5(8) of the Act, this Court observed in Navnitlal C. Javeri…

Shri Bimal Paul, Silchar vs. Income Tax Officer, Ward-1, Silchar

In the result, both the appeals of the assessee are dismissed

ITA 8/GTY/2016[2011-12]Status: DisposedITAT Guwahati06 Oct 2023AY 2011-12

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2010-11 & Assessment Year: 2011-12

For Appellant: N o n eFor Respondent: Shri Arun Bhowmick, JCIT
Section 142Section 143(2)Section 143(3)Section 153(1)

…t all missives issued by the Board are binding of the subordinate officials, even though the word 'Circular/ Instruction' may have been used. The second case cited by the appellant, i.e., the decision rendered in Ellerman Lines Ltd. vs. CIT [1971] reported in 82 ITR 913, is an iteration of the Navnit Lal C. Javeri decision (supra). In this case, the Hon'ble Apex Court was considering the effect of Notification dated 10-02-1942 issued by the then Board of Revenue under which instructions had been issued to the assessing authorities laying down the principles to be applied in assessing the foreign shipping companie…

Shri Bimal Paul, Silchar vs. Income Tax Officer, Ward-1, Silchar

In the result, both the appeals of the assessee are dismissed

ITA 211/GTY/2014[2010-11]Status: DisposedITAT Guwahati06 Oct 2023AY 2010-11

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2010-11 & Assessment Year: 2011-12

For Appellant: N o n eFor Respondent: Shri Arun Bhowmick, JCIT
Section 142Section 143(2)Section 143(3)Section 153(1)

…t all missives issued by the Board are binding of the subordinate officials, even though the word 'Circular/ Instruction' may have been used. The second case cited by the appellant, i.e., the decision rendered in Ellerman Lines Ltd. vs. CIT [1971] reported in 82 ITR 913, is an iteration of the Navnit Lal C. Javeri decision (supra). In this case, the Hon'ble Apex Court was considering the effect of Notification dated 10-02-1942 issued by the then Board of Revenue under which instructions had been issued to the assessing authorities laying down the principles to be applied in assessing the foreign shipping companie…

Pride Purple Builders Private Ltd., Pune vs. Deputy Commissioner of Income-Tax, Central Circle - 1 (1), Pune

In the result, the appeal of the Assessee is allowed

ITA 699/PUN/2022[2015-16]Status: DisposedITAT Pune04 Oct 2023AY 2015-16

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.699/Pun/2022 िनधा"रण वष" / Assessment Year : 2015-16 Pride Purple Builders Private The Deputy Limited, V Commissioner Income Pride House, 5Th Floor, S Tax, Circle-1(1), Pune. S.No.108/7, Shivajinagar, Near Pune University Circle, Pune – 411016. Pan: Aadcp 4286 H Appellant / Assessee Respondent / Revenue Assessee By Shri Suhas Bora – Ar Revenue By Shri M G Jasnani, Irs - Dr Date Of Hearing 03/10/2023 Date Of Pronouncement 04/10/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By Assessee Is Directed Against The Order Of Ld. Commissioner Of Income Tax(Appeal), Pune-11 Dated 18.08.2022For A.Y.2015-16 Emanating From The Assessment Order Under Section 143(3) Of The Income Tax Act, 1961 Dated 30.11.2017. The Assessee Has Raised The Following Grounds Of Appeal: Pride Purple Builders Private Limited [A]

Section 143(2)Section 143(3)

…nquote. 12.2 Thus, Interest income would be chargeable as Business Income if it is directly related to business of the assessee. 13. The Concept of Netting Off has been recognized by the Hon’ble Supreme Court in the case of Keshvaji Ravaji & Co Vs CIT [1990] 183 ITR 1 (SC). 14 The Hon’ble Delhi High Court in the case of CIT Vs U K Bose [2013] 29 taxmann.com 219 (Delhi) has held as under : Quote , “ 15. That leaves us with the second substantial question of law in ITA No. 258/2010 which is as under: - (ii) Whether the ITAT was correct in law in deleting the addition of Rs. 10,12,529/- made by the assessing offic…

Shri Mayur Bansal, Gwalior vs. The DCIT, Central, Bhopal

In the result, appeals of the revenue in IT(SS)ANo

ITA 81/IND/2021[2018-19]Status: DisposedITAT Indore28 Aug 2023AY 2018-19

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 119Section 153ASection 156

…d by taking recourse to Section 292B of the Act. 11.2 In support of his plea that the 2019 Circular is binding on the revenue, Mr Vohra has relied on the following judgments: i. UCO Bank v. CIT, [1999] 237 ITR 889 (SC); ii. Ellerman Lines Ltd. v. CIT, [1971] 182 ITR 913 (SC); and iii. DCIT v. Sunita Finlease Ltd., [2011] 330 ITR 491 11.3 Furthermore, to back his contention that recourse cannot be taken to the provisions of Section 292B of the Act, reliance is placed on the following judgments: i. PCIT v. Maruti Suzuki India Ltd. v. CIT, ITA No. 475 of 2011 (Del); and ii. Spice Entertainment Ltd. v. CIT, ITA No. 4…

Shri Ishak, Indore vs. The ITO 5(4), Indore

In the result, the appeal filed by the assesse is allowed

ITA 13/IND/2023[2011-12]Status: DisposedITAT Indore24 Aug 2023AY 2011-12

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Ishak Ito 5(4) Kasturbagram S.O. Mundla Indore Vs. Nayata, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Akxpi 6044 D Assessee By Shri Milind Wadhwani, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 21.08.2023 Date Of Pronouncement 24.08.2023

Section 144Section 147Section 154

…d by taking recourse to Section 292B of the Act. 11.2 In support of his plea that the 2019 Circular is binding on the revenue, Mr Vohra has relied on the following judgments: i. UCO Bank v. CIT, [1999] 237 ITR 889 (SC); ii. Ellerman Lines Ltd. v. CIT, [1971] 182 ITR 913 (SC); and iii. DCIT v. Sunita Finlease Ltd., [2011] 330 ITR 491 11.3 Furthermore, to back his contention that recourse cannot be taken to the provisions of Section 292B of the Act, reliance is placed on the following judgments: i. PCIT v. Maruti Suzuki India Ltd. v. CIT, ITA No. 475 of 2011 (Del); and ii. Spice Entertainment Ltd. v. CIT, ITA No. 4…

Chakargadh Seva Sahakari Mandali Ltd., Chakargadh Seva, Dist. Amreli vs. The DCIT(CPC), Bengaluru

In the result, appeal of the assessee is allowed

ITA 187/RJT/2022[2019-20]Status: DisposedITAT Rajkot19 Jul 2023AY 2019-20

Bench: Shri Annapurna Gupta (Accountant Member), Shri Siddhartha Nautiyal (Judicial Member)

For Appellant: Shri D.M. Rindani, Ld. A.RFor Respondent: Shri B.D. Gupta, Ld. Sr. D.R
Section 139Section 139(1)Section 139(4)Section 143Section 143(1)Section 143(1)(a)Section 250Section 30Section 80Section 801

…IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT [CONDUCTED THROUGH VIRTUAL COURT] Before: Shri Annapurna Gupta, Accountant Member And Shri Siddhartha Nautiyal, Judicial Member Assessment Year 2019-20 Chakargadh Seva Sahakari The DCIT(CPC), Mandali Ltd. Chakargadh, Bengaluru Amreli-365601 Vs (Respondent) PAN: AADAC1146P (Appellant) Assessee by: Shri D.M. Rindani, Ld. A.R. Revenue by: Shri B.D. Gupta, Ld. Sr. D.R. Date of hearing : 11-07-2023 Date of pronouncement : 19-07-2023 आदेश/ORDER PER : SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER:- This assessee’s appeal for A.Y. 2019-20, arises from order o…

Planetcast International Pte.Ltd, Singapure vs. ACIT, Circle1(1)(1) International Taxation, Delhi

In the result, appeal is partly allowed

ITA 1832/DEL/2022[2019-20]Status: DisposedITAT Delhi14 Jul 2023AY 2019-20

Bench: Shri Saktijit Dey, Vice- & Shri Dr. B.R.R. Kumar

For Appellant: Sh. Ajay Vohra, Sr. Advocate &For Respondent: Sh. Vizaya Vasanta, CIT-DR
Section 143(3)Section 144C(13)Section 9(1)(vi)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHE ‘D.’ NEW DELHI BEFORE SHRI SAKTIJIT DEY, VICE-PRESIDENT AND SHRI DR. B.R.R. KUMAR, ACCOUNTANT MEMBER ITA Nos. 1831, 1832/Del/2022 & 451/Del/2023 Assessment Years: 2018-19, 2019-20 & 2020-21 Planetcast International Pte. Ltd., Versus ACIT, Circle 1(1)(1), (Formerly known as Adore International Taxation, Technologies Pte. Ltd.), New Delhi. 151, Lorong Chuan Number 03- 02, New Tech Park, Singapore. PAN: AANCA4305L (Appellant) (Respondent) Assessee by : Sh. Ajay Vohra, Sr. Advocate & Sh. Parth, Advocate Revenue by : Sh. Vizaya Vasanta, CIT-DR Date of hearing : 20.04…

M/S Mata Road Carriers, Raipur (Cg) vs. The Deputy Commissioner of Income Tax, Raipur (Cg)

In the result, appeal of the assessee is allowed

ITA 79/BIL/2016[2011-12]Status: DisposedITAT Raipur10 Jul 2023AY 2011-12

Bench: SHRI RAVISH SOOD (Judicial Member), SHRI ARUN KHODPIA (Accountant Member)

For Respondent: Shri N.C.Roy, Sr. DR
Section 143(2)Section 143(3)

…of decisions, held that circulars issued under Section 119 of the Income Tax Act, 1961 and 37B of Central Excise Act are binding on the Revenue. (See Navnit Lal C Jhaveri vs. K.K. Sen (1965) 56 ITR 198 (SC); Ellerman Lines Ltd. vs. CIT 1972 CTR (SC) 71 (1971) 82 ITR 913 (SC); K.P. Varghese vs. ITO (1981) 24 CTR (SC) 358 : 1981 (4) SCC 17i Union of India vs. Azadi Bachao Andolan (2003) 184 CTR (SC) 450 : 2003 (8) SCALE 287, 308 Collector of Central Excise vs. Usha Martin Industries 1994 (94) ELT : 1997 (7) SCC 47 Ranadey Micronutrients vs. CCE 1996 (8) ELT 19 : 1996 (10) SCC 387; Collector of Centra Excise vs. Jay…

Shri Amarjeet Singh Bhatia, Raipur vs. Assistant Commissioner of Income Tax, Circle 3(1), Raipur

In the result, appeal of the assessee is allowed in terms of our observations hereinabove

ITA 63/RPR/2018[2007-08]Status: DisposedITAT Raipur07 Jul 2023AY 2007-08

Bench: SHRI RAVISH SOOD (Judicial Member), SHRI ARUN KHODPIA (Accountant Member)

For Appellant: Shri Sunil Kumar AgrawalFor Respondent: Shri Piyush Tripathi, Sr. DR
Section 119Section 143(2)Section 143(3)Section 147Section 148Section 151

…of decisions, held that circulars issued under Section 119 of the Income Tax Act, 1961 and 37B of Central Excise Act are binding on the Revenue. (See Navnit Lal C Jhaveri vs. K.K. Sen (1965) 56 ITR 198 (SC); Ellerman Lines Ltd. vs. CIT 1972 CTR (SC) 71 (1971) 82 ITR 913 (SC); K.P. Varghese vs. ITO (1981) 24 CTR (SC) 358 : 1981 (4) SCC 17i Union of India vs. Azadi Bachao Andolan (2003) 184 CTR (SC) 450 : 2003 (8) SCALE 287, 308 Collector of Central Excise vs. Usha Martin Industries 1994 (94) ELT : 1997 (7) SCC 47 Ranadey Micronutrients vs. CCE 1996 (8) ELT 19 : 1996 (10) SCC 387; Collector of Centra Excise vs. Jay…

Pratap Singh Yadav, Haryana vs. DCIT, Central Circle-7 Delhi, Delhi

In the result, appeal is allowed as indicated above

ITA 1898/DEL/2022[2016-17]Status: DisposedITAT Delhi30 May 2023AY 2016-17

Bench: Shri G.S. Pannu & Shri Saktijit Deyassessment Year: 2016-17 Prtatap Singh Yadav, Versus Dcit, Central Circle 7, 510, Sector 31-32A, Delhi. Gurgaon. Pan: Aahpy8387M (Appellant) (Respondent)

For Appellant: Sh. Ved Jain, Advocate &For Respondent: Sh. Virendra Singh, Sr. DR
Section 139(1)Section 153C

…nded to the companies they would not he taken into account under Section 12(1 -B), ” Sections 2(6-A)(e) and 12(1-B) did not suffer from the vice of unconstitutionality. This decision was followed in Ellerman Lines case [(1972) 4 SCC 474 : 1974 SCC (Tax) 304 : 82 ITR 913] where referring to another circular issued by the Central Board of Revenue under Section 5(8) of the Indian Income Tax Act, 1922 on which reliance was placed on behalf of the assessee, this Court observed: “Now, coming to the question as to the effect of instructions issued under Section 5(8) of the Act, this Court observed in Navnitlal C. Javeri…

ACIT, CC-14, Delhi vs. Rama Pashu Aahar Pvt. Ltd., Delhi

In the result, assessee’s appeal is allowed as indicated above and

ITA 1862/DEL/2021[2017-18]Status: DisposedITAT Delhi30 May 2023AY 2017-18

Bench: Shri G.S. Pannu & Shri Saktijit Deyassessment Year: 2017-18 Rama Pashu Aahar (P) Ltd., Versus Acit, Central Circle 14, C/O Rra Taxindia, D-28, South New Delhi. Extension, Part-1, New Delhi Pan: Aaccr1144B (Appellant) (Respondent) Assessment Year: 2017-18 Acit, Central Circle 14, Versus Rama Pashu Aahar (P) Ltd., New Delhi. C/O Rra Taxindia, D-28, South Extension, Part-1, New Delhi. (Appellant) (Respondent)

For Appellant: Dr. Rakesh Gupta, Advocate &For Respondent: Sh. Pramod Kumar, Sr. DR
Section 143(3)

…ded to the companies they would not he taken into account under Section 12(1 - B), ” Sections 2(6-A)(e) and 12(1-B) did not suffer from the vice of unconstitutionality. This decision was followed in Ellerman Lines case [(1972) 4 SCC 474 : 1974 SCC (Tax) 304 : 82 ITR 913] where referring to another circular issued by the Central Board of Revenue under Section 5(8) of the Indian Income Tax Act, 1922 on which reliance was placed on behalf of the assessee, this Court observed: “Now, coming to the question as to the effect of instructions issued under Section 5(8) of the Act, this Court observed in Navnitlal C. Javeri…

Rama Pashu Aahar (P) Ltd., Bulandshahr vs. ACIT, CC-14, New Delhi

In the result, assessee’s appeal is allowed as indicated above and

ITA 1456/DEL/2021[2017-18]Status: DisposedITAT Delhi30 May 2023AY 2017-18

Bench: Shri G.S. Pannu & Shri Saktijit Deyassessment Year: 2017-18 Rama Pashu Aahar (P) Ltd., Versus Acit, Central Circle 14, C/O Rra Taxindia, D-28, South New Delhi. Extension, Part-1, New Delhi Pan: Aaccr1144B (Appellant) (Respondent) Assessment Year: 2017-18 Acit, Central Circle 14, Versus Rama Pashu Aahar (P) Ltd., New Delhi. C/O Rra Taxindia, D-28, South Extension, Part-1, New Delhi. (Appellant) (Respondent)

For Appellant: Dr. Rakesh Gupta, Advocate &For Respondent: Sh. Pramod Kumar, Sr. DR
Section 143(3)

…ded to the companies they would not he taken into account under Section 12(1 - B), ” Sections 2(6-A)(e) and 12(1-B) did not suffer from the vice of unconstitutionality. This decision was followed in Ellerman Lines case [(1972) 4 SCC 474 : 1974 SCC (Tax) 304 : 82 ITR 913] where referring to another circular issued by the Central Board of Revenue under Section 5(8) of the Indian Income Tax Act, 1922 on which reliance was placed on behalf of the assessee, this Court observed: “Now, coming to the question as to the effect of instructions issued under Section 5(8) of the Act, this Court observed in Navnitlal C. Javeri…

Teleperformance Global Services Pvt Ltd (M/S Serco Bpo Pvt. Ltd )., Mumbai vs. DCIT 5(3)(1), Mumbai

Accordingly 15. In result the appeal of both AY 2017-18 and AY 2018-19 is allowed

ITA 2815/MUM/2022[2018-19]Status: DisposedITAT Mumbai24 Apr 2023AY 2018-19

Bench: Amit Shukla () & Ms. Padmavathy S. ()

Section 115JSection 143(1)Section 143(3)Section 144C

…funded to the companies they would not be taken into account under Section 12(1-B)," Sections 2(6-A)(e) and 12(1-B) did not suffer from the vice of unconstitutionality. This decision was followed in Ellerman Lines case [(1972) 4 SCC 474 : 1974 SCC (Tax) 304 : 82 ITR 913] where referring to another circular issued by the Central Board of Revenue under Section 5(8) of the Indian Income Tax Act, 1922 on which reliance was placed on behalf of the assessee, this Court absented: "Now, coming to the question as to the effect of instructions issued under Section 5(8) of the Act, this Court observed in Navnitlal C. Javer…

Teleperformance Global Services Pvt Ltd (M/S Serco Bpo Pvt. Ltd )., Mumbai vs. DCIT 5(3)(1), Mumbai

Accordingly 15. In result the appeal of both AY 2017-18 and AY 2018-19 is allowed

ITA 2814/MUM/2022[2017-18]Status: DisposedITAT Mumbai24 Apr 2023AY 2017-18

Bench: Amit Shukla () & Ms. Padmavathy S. ()

Section 115JSection 143(1)Section 143(3)Section 144C

…funded to the companies they would not be taken into account under Section 12(1-B)," Sections 2(6-A)(e) and 12(1-B) did not suffer from the vice of unconstitutionality. This decision was followed in Ellerman Lines case [(1972) 4 SCC 474 : 1974 SCC (Tax) 304 : 82 ITR 913] where referring to another circular issued by the Central Board of Revenue under Section 5(8) of the Indian Income Tax Act, 1922 on which reliance was placed on behalf of the assessee, this Court absented: "Now, coming to the question as to the effect of instructions issued under Section 5(8) of the Act, this Court observed in Navnitlal C. Javer…