Maharajadhiraj Kameshwar Singh v. CIT

47 ITR 1High Court1963#20933 most cited
4

judgments rely on this decision, according to BharatTax’s citation analysis of 346,713 Indian tax judgments — from 2017 to 2022.

Judgments citing Maharajadhiraj Kameshwar Singh v. CIT

Madanlal Mulchandas Jariwala, Surat vs. Income Tax Officer, Ward-2(2)(3), Surat

In the result, appeal filed by the assessee is allowed

ITA 388/SRT/2019[2015-16]Status: DisposedITAT Surat20 Jan 2022AY 2015-16

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.388/Srt/2019 (िनधा"रणवष" / Assessment Years: (2015-16) (Virtual Court Hearing) Madanlal Mulchandas Jariwala, Vs. The Ito, Ward-2(2)(3), 4512, Ganchisheri Begampura, Surat. Surat-395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abbpj5168J (Assessee) (Respondent) Assessee By:Shri Mehul R. Shah, Ca Revenue By:Ms Anupama Singla, Sr. Dr सुनवाईक"तारीख/ Date Of Hearing : 18/11/2021 घोषणाक"तारीख/Date Of Pronouncement : 21/01/2022 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2015-16, Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-1,Surat [In Short “The Ld. Cit(A)”] In Appeal No. Cit(A), Surat-1/10530/2017-18 Dated 18.07.2019, Which In Turn Arises Out Of An Order Passed By The Assessing Officer Under Section143(3)Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”].

For Appellant: Shri Mehul R. Shah, CAFor Respondent: Ms Anupama Singla, Sr. DR
Section 143(3)Section 44ASection 57

…guage. of s. 57(iii) but it also accords with the principles of commercial accounting. The contrary view taken by the Patna High Court in Maharajadhiraj Sir Kameshwar Singh v. CIT [1957] 32 ITR 377and the Calcutta High Court in Madanlal Sohanlal v. CIT [1963] 47 ITR 1 must in the circumstances he held to be incorrect. Assessment Year. 2015-16 MadanlalMulchandas Jariwala We accordingly answer the question referred to us for our opinion in each of these two references in favour of the assessee and against the revenue. The revenue will pay the costs of both the references to the assessee.” 7 Considering the facts,…

Asst CIT 16(3), Mumbai vs. Nishith M. Desai, Mumbai

In the result, appeals of the Revenue are dismissed and appeal of the assessee is partly allowed

ITA 4852/MUM/2015[2005-06]Status: DisposedITAT Mumbai28 Apr 2017AY 2005-06

Bench: Shri D.T. Garasia & Shri Manoj Kumar Aggarwal

For Appellant: Shri Firoze B. Andhyarujina, A.RFor Respondent: Shri N.P. Singh, D.R
Section 143(3)Section 147Section 24Section 57

…57(iii) but it also accords with the principles of commercial accounting. The contrary view taken by the Patna High Court in Maharajadhiraj Kameshwar Singh vs. CIT (1957) 32 ITR 377 (Pat). TC41R.656 and Calcutta High Court in Madanlal Sohanlal vs. CIT (1963) 47 ITR 1 (Cal). TC41R,655 must in the circumstances be held to be incorrect. 9.11 It may be seen from the above decision that Hon'ble Supreme Court has held that the expenditure to be deductible under section 57(ii) must be laid out or expended wholly and exclusively for the purpose of making or earning such income. It is the purpose of the expenditure that…

ACIT 11(3), Mumbai vs. Nishith Desai, Mumbai

In the result, appeals of the Revenue are dismissed and appeal of the assessee is partly allowed

ITA 2562/MUM/2013[2009-10]Status: DisposedITAT Mumbai28 Apr 2017AY 2009-10

Bench: Shri D.T. Garasia & Shri Manoj Kumar Aggarwal

For Appellant: Shri Firoze B. Andhyarujina, A.RFor Respondent: Shri N.P. Singh, D.R
Section 143(3)Section 147Section 24Section 57

…57(iii) but it also accords with the principles of commercial accounting. The contrary view taken by the Patna High Court in Maharajadhiraj Kameshwar Singh vs. CIT (1957) 32 ITR 377 (Pat). TC41R.656 and Calcutta High Court in Madanlal Sohanlal vs. CIT (1963) 47 ITR 1 (Cal). TC41R,655 must in the circumstances be held to be incorrect. 9.11 It may be seen from the above decision that Hon'ble Supreme Court has held that the expenditure to be deductible under section 57(ii) must be laid out or expended wholly and exclusively for the purpose of making or earning such income. It is the purpose of the expenditure that…

Nishith M. Desai, Mumbai vs. Addl CIT RG 11(3), Mumbai

In the result, appeals of the Revenue are dismissed and appeal of the assessee is partly allowed

ITA 2439/MUM/2013[2009-10]Status: DisposedITAT Mumbai28 Apr 2017AY 2009-10

Bench: Shri D.T. Garasia & Shri Manoj Kumar Aggarwal

For Appellant: Shri Firoze B. Andhyarujina, A.RFor Respondent: Shri N.P. Singh, D.R
Section 143(3)Section 147Section 24Section 57

…57(iii) but it also accords with the principles of commercial accounting. The contrary view taken by the Patna High Court in Maharajadhiraj Kameshwar Singh vs. CIT (1957) 32 ITR 377 (Pat). TC41R.656 and Calcutta High Court in Madanlal Sohanlal vs. CIT (1963) 47 ITR 1 (Cal). TC41R,655 must in the circumstances be held to be incorrect. 9.11 It may be seen from the above decision that Hon'ble Supreme Court has held that the expenditure to be deductible under section 57(ii) must be laid out or expended wholly and exclusively for the purpose of making or earning such income. It is the purpose of the expenditure that…