Lakshminarayan Ram Gopal & Son Ltd. v. Government of Hyderabad

BAJAJ AUTO LIMITED,MUMBAI vs. THE PRINCIPAL COMMISSIONER OF INCOME-TAX - 3, MUMBAI, MUMBAI

Bench: Shri Om Prakash Kant () & Shri Narender Kumar Choudhry ()

…f agency it may be implied which could arise from the act and conduct of the parties or situation in which the parties are put as observed by the Hon'ble Supreme Court in the case of Lakshminarayan Ram Gopal and Son Ltd. v. Government of Hyderabad reported in 25 ITR 449. In the case in hand, it is manifest from the records as well as from the facts and circumstances of the case that the benefit/incentive given by the assessee through credit note is certainly not in the nature of discount because the discount is always given at the time of transaction of sale and purchase between the manufacturer and the distribut…

MULCHAND SHAMJI CHHEDA HUF ,MUMBAI vs. INCOME TAX OFFICER -26(2)(3), MUMBAI

In the result, the appeal of the assessee is dismissed

…8 at page 376\n(SC), explained “business” as a word of wide import and in fiscal\nstatutes, it must be construed in a broad rather than a restricted sense.\nThe hon'ble Supreme Court in Lakshminarayan Ram Gopal and\nSon Ltd. vs. Government of Hyderabad (1954) 25 ITR 449 at\npage 459 held: “The activities which constitute carrying on business\nneed not necessarily consist of activities by way of trade, commerce or\nmanufacture of activities in the exercise of a profession or vocation.\nThey may even consist of rendering services to others which services\nmay be of a variegated character.” The Act has provided an i…

RAGHAV AGARWALLA,MUMBAI vs. INCOME TAX OFFICE, INTERNATIONAL TAX WARD 1(1)(1), MUMBAI

In the result, the appeal of the assessee is allowed for In the result, the appeal of the assessee is allowed for In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2021-22 Raghav Agarwalla, Ito, International Tax Ward 1(1)(1), 13/14, Buckley Court, Room No. 1817, 18Th Floor, Air India Vs. 5 Woodhouse Road, Colaba, Building, Nariman Point, Mumbai-400 005. Mumbai-400021. Pan No. Ahbpa 8174 F Appellant Respondent

…learned senior counsel for the revenue has relied on the decision of the Supreme Court in the decision of the Supreme Court in Lakshminarayan Ram Gopal & Son Lakshminarayan Ram Gopal & Son Ltd. v. Government of Hyderabad Ltd. v. Government of Hyderabad [1954] 25 ITR 449. We do not think the 25 ITR 449. We do not think the decision is applicable to the facts of this case. Learned senior counsel for decision is applicable to the facts of this case. Learned senior counsel for decision is applicable to the facts of this case. Learned senior counsel for the assessee has relied on the Memorandum explaining the provisio…

DY CIT (OSD) (TDS)-2(2), MUMBAI vs. M/S HURKISONDAS HOSPITAL & RESEARCH CENTRE, MUMBAI

The appeal stands dismissed

Bench: Justice Shri P. P. Bhatt & Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode)

…e encashment etc. Thus, there was no employer-employee relationship and therefore, tax was rightfully deducted u/s 194J. 4.2 Reliance was placed on the decision of Hon'ble Supreme Court in the case of Laxmi Narayan Ram Gopal & Son Ltd. Vs. Govt. of Hyderabad (25 ITR 449 SC) and also on Ram Prashad Vs. CIT {1972; 86 ITR 122 SC} wherein it was held that the distinguishing factors would be control and supervision. As per contractual terms of assessee with these consultant doctors, there was no control on the doctors as to how work assigned to them was to be carried out. They were working as independent professionals…

ENTERTAINMENT NETWORK (INDIA) LTD,MUMBAI vs. ASST CIT RG 11(1), MUMBAI

In the result, the appeals of the assessee in ITA No

Bench: Shri Sandeep Gosain & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.852/Mum/2016 (नििाारण वर्ा / Assessment Year: 2010-11) बिाम/ Entertainment Network Acit 16(1), Room No. 439, 4T H Floor, Aayakar Bhavan, (India) Ltd., M.K Road, 4T H Floor, A Wing, V. Mumbai- 400020 Matulya Centre, Senapati Bapat Marg, Lower Parel (West), Mumbai-400013 स्थायी ऱेखा सं./ Pan :Aaace7796G आयकर अपीऱ सं./I.T.A. No.812/Mum/2016 (नििाारण वर्ा / Assessment Year: 2010-11) बिाम/ Acit 16(1), Room No. 439, Entertainment Network 4T H Floor, Aayakar Bhavan, (India) Ltd., M.K Road, Mumbai 400020 4T H Floor, A Wing, V. Matulya Centre, Senapati Bapat Marg, Lower Parel(West), Mumbai-400013 स्थायी ऱेखा सं./ Pan : Aaace7796G (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

…agency it may be implied which could arise from the act and conduct of the parties or situation in which the parties are put as observed by the Hon'ble Supreme Court in the ease of Lakshminarayan Ram Gopal and Sons Ltd. v. Government of Hyderabad reported in 25 ITR 449. In the case in hand, it is manifested from the records as well as from the facts and circumstances of the case that the benefit/incentive 16 | P a g e I.T.A. No.812/Mum/2016 I.T.A. No.852/Mum/2016 given by the assessee is the nature of discount because the discount is always given at the 'time of transaction of sale and purchase between the own…

ACIT 16(1), MUMBAI vs. ENTERTAINMENT NETWORK (INDIA) LTD, MUMBAI

In the result, the appeals of the assessee in ITA No

Bench: Shri Sandeep Gosain & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.852/Mum/2016 (नििाारण वर्ा / Assessment Year: 2010-11) बिाम/ Entertainment Network Acit 16(1), Room No. 439, 4T H Floor, Aayakar Bhavan, (India) Ltd., M.K Road, 4T H Floor, A Wing, V. Mumbai- 400020 Matulya Centre, Senapati Bapat Marg, Lower Parel (West), Mumbai-400013 स्थायी ऱेखा सं./ Pan :Aaace7796G आयकर अपीऱ सं./I.T.A. No.812/Mum/2016 (नििाारण वर्ा / Assessment Year: 2010-11) बिाम/ Acit 16(1), Room No. 439, Entertainment Network 4T H Floor, Aayakar Bhavan, (India) Ltd., M.K Road, Mumbai 400020 4T H Floor, A Wing, V. Matulya Centre, Senapati Bapat Marg, Lower Parel(West), Mumbai-400013 स्थायी ऱेखा सं./ Pan : Aaace7796G (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

…agency it may be implied which could arise from the act and conduct of the parties or situation in which the parties are put as observed by the Hon'ble Supreme Court in the ease of Lakshminarayan Ram Gopal and Sons Ltd. v. Government of Hyderabad reported in 25 ITR 449. In the case in hand, it is manifested from the records as well as from the facts and circumstances of the case that the benefit/incentive 16 | P a g e I.T.A. No.812/Mum/2016 I.T.A. No.852/Mum/2016 given by the assessee is the nature of discount because the discount is always given at the 'time of transaction of sale and purchase between the own…

BSI SECURITIES INTERNATIONAL LTD,MUMBAI vs. ACIT RG 4(1)(1), MUMBAI

In the result, this appeal filed by the assessee stands partly allowed for statistical purposes

Bench: Shri Shamim Yahya, Am & Shri Sandeep Gosain, Jm

…see. The facts and circumstances of each case are the basic parameters which determine what the business of a company is. Courts have also taken this view. It was observed by the Supreme Court in Laxminarayan Ramgopal &, Sons Ltd. vs Govt. of Hyderabad (1954) 25 ITR 449 (SQ that when a company is incorporated, it may not necessarily come into existence for the purpose of carrying on a business . The objects of an incorporated company/ association are certainly not conclusive of the question whether the activities of the company amount, to carrying on of businesses. In the case of Narain Swadeshi Weaving Mills vs…

ITO (TDS) (OSD) 1(2), MUMBAI vs. ENTERTAINMENT NETWORK (I) LTD, MUMBAI

In the result, both the appeals filed by the Revenue are dismissed

Bench: Shri Mahavir Singh & Shri Ashwani Tanejaassessment Year: 2011-12 & Assessment Year: 2012-13 Ito (Tds)(Osd) Entertainment Network (I) Ltd. 1(2) Trade Garden, Gr. Floor, Kamala बनाम/ R.No.811 K.G. Mill Compound, Senapati Bapat Vs. Mittal Hospital Marg, Lower Parel,(W) Bldg. Charni Rd Mumbai-400013 Mumbai-400002 (Revenue) (Respondent ) P.A. No.Aaace7796G Revenue By Shri Vishwas Mundhe (Dr) Respondent By Shri Mayur Kisnadwala (Ar) सुनवाई क" तार"ख/Date Of Hearing: 15/12/2016 आदेश क" तार"ख /Date Of Order: 11/01/2017

…cy it may be implied which' could arise from the act and conduct of all the parties or situation in which the parties are put as-observed by the Hon’ble Supreme Court in the case of Lakshminaraypn Ram Gopal and Sons Ltd. v. Government of Hyderabad reported in 25 ITR 449. 5.4.11. In t h e case in hand, it is manifested. from the records as well as from the facts and circumstances of the case that the benefit/incentive given by the asses'see is in the nature of discount because the discount is always given at the time of transaction of sale and purchase between the owner and the advertising agency And the said amou…

ITO (TDS) (OSD) 1(2), MUMBAI vs. ENTERTAINMENT NETWORK (INDIA) LTD, MUMBAI

In the result, both the appeals filed by the Revenue are dismissed

Bench: Shri Mahavir Singh & Shri Ashwani Tanejaassessment Year: 2011-12 & Assessment Year: 2012-13 Ito (Tds)(Osd) Entertainment Network (I) Ltd. 1(2) Trade Garden, Gr. Floor, Kamala बनाम/ R.No.811 K.G. Mill Compound, Senapati Bapat Vs. Mittal Hospital Marg, Lower Parel,(W) Bldg. Charni Rd Mumbai-400013 Mumbai-400002 (Revenue) (Respondent ) P.A. No.Aaace7796G Revenue By Shri Vishwas Mundhe (Dr) Respondent By Shri Mayur Kisnadwala (Ar) सुनवाई क" तार"ख/Date Of Hearing: 15/12/2016 आदेश क" तार"ख /Date Of Order: 11/01/2017

…cy it may be implied which' could arise from the act and conduct of all the parties or situation in which the parties are put as-observed by the Hon’ble Supreme Court in the case of Lakshminaraypn Ram Gopal and Sons Ltd. v. Government of Hyderabad reported in 25 ITR 449. 5.4.11. In t h e case in hand, it is manifested. from the records as well as from the facts and circumstances of the case that the benefit/incentive given by the asses'see is in the nature of discount because the discount is always given at the time of transaction of sale and purchase between the owner and the advertising agency And the said amou…

ANAND R BAHL,MUMBAI vs. DCIT RG 20(3), MUMBAI

In the result, the appeals by the assessee are dismissed and that by the Revenue is allowed for statistical purposes

Bench: Shri Sanjay Arora & Shri Pawan Singh

…are in fact essentially quantitative tests, though well indicate the intent and motive with which the activity is undertaken. The Hon’ble Apex Court per its larger bench decision in Lakshminarayan Ram Gopal and Son Ltd. vs. The Government of Hyderabad [1954] 25 ITR 449 (SC), referred to by the AO in his order, explained that it is the nature and scope of the activities that is relevant, and does not necessarily extend to, which could by chance or design, as in that case, be limited to only one individual or concern (page 458). The Hon’ble Court went on to state (at page 459) that the activities which constitute…

ACIT 16(2), MUMBAI vs. SHILPA SACHIN MORAKHIA, MUMBAI

…in (LTCG) of Rs.4.73 lacs. Vide his order sheet noting dt.14.12.2012 ,he asked the assessee to explain as to why STCG should not be taxed as business income.After considering the submission of the assessee the AO referred to the case of Laxminarayan Ramgopal (25 ITR 449) ;Bharat Development Pvt. Ltd.(4 Taxman 58); and held that the assessee was having a systematic and regular course of share transaction activity, that there was a continuity of share transaction activity over a period of time, that there was a clear profit motive in the transactions undertaken by the assessee, that the quantity of shares transacte…