Malabar Industrial Co. Ltd. (supra), Max India Ltd. (supra) and Commissioner of Income-Tax v. Vimgi Investment P. Ltd.

290 ITR 505High Court2007#4666 most cited

What is Malabar Industrial Co. Ltd. (supra), Max India Ltd. (supra) and Commissioner of Income-Tax v. Vimgi Investment P. Ltd. authority for?

A mere lack of specific mention of an examination or verification of an issue in the assessment order does not automatically imply a lack of application of mind by the Assessing Officer on that issue.

25

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2009 to 2023.

Also referred to as

CIT vs Vimgi Investment Pvt Ltd · assessment order · application of mind · AO · verification · issue

Issues it is cited on

section 45(5)(b)section 23(2)section 145a(b)section 45(5)section 57(iv)section 56(2)(viii)section 10(37)enhanced compensationinadequate enquirysection 145acompulsory acquisitionrevision u/s 263

Judgments citing Malabar Industrial Co. Ltd. (supra), Max India Ltd. (supra) and Commissioner of Income-Tax v. Vimgi Investment P. Ltd.

Commissioner of Income Tax - IV vs. Beverages Pvt. Ltd

ITA/1394/2010HC Delhi14 Jan 2011
Section 143(3)Section 260ASection 263Section 32Section 32(1)(ii)

…the ground that in the books of accounts it was mentioned as „goodwill‟ and nothing else. As has been held by the Apex Court in Malabar Industrial Co. Ltd. (supra), Max India Ltd. (supra) and Commissioner of Income-Tax v. Vimgi Investment P. Ltd. [2007] 290 ITR 505 (Delhi) once a plausible view is taken, it is not open to the Commissioner to exercise the power under Section 263 of the Act. 25. In view of the aforesaid analysis, we are of the considered opinion that the order passed by the tribunal is justified in the facts and circumstances of the case and the questions which have been raised by the r…

Commissioner of Income Tax - IV vs. Beverages Pvt. Ltd

ITA/1391/2010HC Delhi14 Jan 2011
Section 143(3)Section 260ASection 263Section 32Section 32(1)(ii)

…the ground that in the books of accounts it was mentioned as „goodwill‟ and nothing else. As has been held by the Apex Court in Malabar Industrial Co. Ltd. (supra), Max India Ltd. (supra) and Commissioner of Income-Tax v. Vimgi Investment P. Ltd. [2007] 290 ITR 505 (Delhi) once a plausible view is taken, it is not open to the Commissioner to exercise the power under Section 263 of the Act. 25. In view of the aforesaid analysis, we are of the considered opinion that the order passed by the tribunal is justified in the facts and circumstances of the case and the questions which have been raised by the r…

Commissioner of Income Tax - IV vs. Beverages Pvt. Ltd

ITA/1396/2010HC Delhi14 Jan 2011
Section 143(3)Section 260ASection 263Section 32Section 32(1)(ii)

…the ground that in the books of accounts it was mentioned as „goodwill‟ and nothing else. As has been held by the Apex Court in Malabar Industrial Co. Ltd. (supra), Max India Ltd. (supra) and Commissioner of Income-Tax v. Vimgi Investment P. Ltd. [2007] 290 ITR 505 (Delhi) once a plausible view is taken, it is not open to the Commissioner to exercise the power under Section 263 of the Act. 25. In view of the aforesaid analysis, we are of the considered opinion that the order passed by the tribunal is justified in the facts and circumstances of the case and the questions which have been raised by the r…

Commissioner of Income Tax Delhi IV vs. Dlf Power Ltd

ITA/176/2009HC Delhi09 Oct 2009

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

Section 115JSection 143(3)Section 154Section 263Section 80Section 80A(2)

…O could not be treated as erroneous, giving power to the CIT to pass orders under Section 263 of the Act, as held in Malabar Industrial Co. v. CIT, 243 ITR 83, Max India Ltd. v. CIT, 295 ITR 282 and Commissioner of Income Tax v. Vimgi Investment (P) Ltd., 290 ITR 505. 15. After considering the respective submissions, we are of the opinion that the order of the Tribunal does not call for any interference. 16. It is clear that the explanations to Section 115JB is identically worded as explanation to Section 115JA. Both these explanations relate to calculation of book profits, i.e. they give power to…

Commissioner of Income Tax vs. Hindustan Tin Works Ltd

In the result, the appeal is dismissed

ITA - 55 / 2009HC Delhi13 Feb 2009
Section 143(2)Section 14ASection 260ASection 71(3)

…ngth could not be deemed as a collusive arrangement and, therefore, loss which had arisen ought to be treated as a genuine loss. The Tribunal relying upon the judgments of the Delhi High Court in the case of CIT vs Vimgi Investment (Pvt.) Ltd: (2007) 290 ITR 505 and CIT vs Vikram Aditya and Associates (Pvt.) Ltd: (2006) 287 ITR 268 rejected the argument based on Section 94(7) of the Act. 9. The Tribunal on the second issue rejected the plea of the Revenue that they should be allowed to raise an issue pertaining to Section 14A of the Act on the ground that this could only be done if there w…