Krung Thai Bank v. Jt. CIT

49 SOT 70Income Tax Appellate Tribunal2012#25112 most cited
3

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2016.

Judgments citing Krung Thai Bank v. Jt. CIT

ADIT (It) 1(2), Mumbai vs. Dresdner Bank Ag ( Now With Merged With Commerzbank Ag), Mumbai

In the result, both the appeals are dismissed

ITA 4253/MUM/2014[1999-00]Status: DisposedITAT Mumbai24 Aug 2016AY 1999-00

Bench: Shri Saktijit Dey & Shri N.K. Pradhan

For Appellant: Shri Niraj ShethFor Respondent: Shri Goli Srinivas Rao
Section 115J

…d not be applicable to a banking company as they are not required to prepare their accounts as per Companies Act, 1956. In support of such contention, assessee relied 4 Dresdner Bank AG upon a decision of the Tribunal, Mumbai, in Krung Thai Bank PLC, [2012] 49 SOT 70 (Mum.). The learned Commissioner (Appeals) after considering the submissions of the assessee in the light of the decisions relied upon held that the provisions of section 115JA will not apply to a banking company like assessee. Thus, he decided the issue in favour of the assessee in both the assessment years. Being aggrieved, the Department is in a…

Dipsc Limited, Kolkata vs. D.C.I T Cir - VI, Kolkata

In the result, the appeal of the assessee is partly allowed

ITA 890/KOL/2013[2007-08]Status: DisposedITAT Kolkata04 May 2016AY 2007-08

Bench: Shri Mahavir Singh, Jm & Shri M.Balaganesh, Am] Assessment Year : 2007-08

For Appellant: Shri Soumen Adak, FCA & Shri Amit Agarwal, ACAFor Respondent: Sallong Yaden, Addl. CIT, Sr.DR
Section 115JSection 143(3)Section 14ASection 211Section 616

…IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH “A”, KOLKATA [Before Shri Mahavir Singh, JM & Shri M.Balaganesh, AM] Assessment Year : 2007-08 DPSC Ltd. -versus- D.C.I.T., Circle-VI, Kolkata Kolkata (PAN:AABCD0340G) (APPELLANT ) (RESPONDENT) For the Appellant : Shri Soumen Adak, FCA & Shri Amit Agarwal, ACA For the Respondent : Sallong Yaden, Addl. CIT, Sr.DR Date of Hearing : 02.05.2016. Date of Pronouncement : ORDER Per Shri M.Balaganesh, AM 1. This appeal of the assessee arises out of the order of the Learned CIT(A)-VI, Kolkata in Appeal No. 1/CIT(A)-VI/Cir-6/2010-11/Kol dated 01.02 against the order of as…

Uco Bank, Kolkata vs. DCIT, Circle - 6, Kolkata

In the result, the appeal of the asssesse in ITA No

ITA 1768/KOL/2009[2002-2003]Status: DisposedITAT Kolkata27 Nov 2015AY 2002-2003

Bench: : Shri M. Balaganesh

For Appellant: Shri D.S Damle, FCA, ld.ARFor Respondent: Shri S.Srivastava, CIT, ld.DR
Section 115JSection 254Section 29Section 36(1)(viia)

…211(2) of the companies Act, 1956 applies. The Assessee being a company to which proviso to sec 211(2) of the Companies Act 1956 applies, will not be liable to be taxed under sec 115JB. 14. The Mumbai Tribunal in the case of Krung Thai Bank v. Jt. CIT [2012] 49 SOT 70/[2011] 16 taxmann.com 239, to which one of us is a party has held that provision of Sec.115JB cannot be applied to the banking company. 15. In view of the above, as the amendment to sec 115JB by the Finance Act 2012 will be applicable only from the AY 2013-2014, we uphold the claim of the assessee that provision of Sec.115JB will not be applicable…