McDowell & Co. Ltd. v. CTO

154 ITR 148Supreme Court of India1985#68 most cited

What is McDowell & Co. Ltd. v. CTO authority for?

The Supreme Court held that while legitimate tax planning is permissible, transactions structured as a "colourable device" or "subterfuge" solely to avoid tax are impermissible. It mandates a judicial shift to look beyond the form to the substance of a transaction, allowing the lifting of the corporate veil in tax evasion arrangements.

741

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2008 to 2026.

Also referred to as

McDowell & Co. Ltd. v. CTO · 154 ITR 148 · tax avoidance vs. tax planning · colourable device · substance over form · lifting corporate veil · tax evasion · accommodation entry · genuineness of transaction · sections 143(3) · 147 · 68 · 69C

Also reported as

22 Taxmann 113 SCC 2301 SCR 914

Sections most often in play

Section 143(3)Section 148Section 147Section 68Section 69CSection 133ASection 132(4)Section 143(2)

Issues it is cited on

colourable deviceazadi bachao andolanlive linkentry operatorpenny stocksection 10(38)genuineness of the transactionlong term capital gainsaddition u/s 68share application moneyaccommodation entrysection 131

Judgments citing McDowell & Co. Ltd. v. CTO

Mrs. Malavika Hegde L/R of Late Sri. V G Siddhartha, Bangalore vs. The Deputy Commissioner of Income Tax, Central Circle-1(3), Bangalore

In the result the appeal filed by the revenue is hereby dismissed

ITA 1445/BANG/2024[2016-17]Status: DisposedITAT Bangalore16 Jul 2025AY 2016-17

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri C Ramesh, CAFor Respondent: Ms. Neha Sahay, JCIT (DR)
Section 132Section 143(3)Section 153A

…est was based on an informal agreement was found to be unsubstantiated and treated as a colourable device to forgo the income and artificially inflate the loss. The AO referring to the judgment of Hon’ble Supreme court in the case of McDowell & Co reported in 154 ITR 148, in the case of Sumati Dayal reported in 80 Taxman 89, in the case of Durga Paras More reported in 82 ITR 540 and the judgment various High Courts concluded that the transaction was devoid of any commercial substance and amounted to a sham intended to evade taxes. Consequently, the loss claimed by the assessee on account of debenture redemption w…

Mrs. Malavika Hegde L/R of Late Sri. V G Siddhartha, Bangalore vs. The Deputy Commissioner of Income Tax, Central Circle-1(3), Bangalore

In the result the appeal filed by the revenue is hereby dismissed

ITA 1444/BANG/2024[2015-16]Status: DisposedITAT Bangalore16 Jul 2025AY 2015-16

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri C Ramesh, CAFor Respondent: Ms. Neha Sahay, JCIT (DR)
Section 132Section 143(3)Section 153A

…est was based on an informal agreement was found to be unsubstantiated and treated as a colourable device to forgo the income and artificially inflate the loss. The AO referring to the judgment of Hon’ble Supreme court in the case of McDowell & Co reported in 154 ITR 148, in the case of Sumati Dayal reported in 80 Taxman 89, in the case of Durga Paras More reported in 82 ITR 540 and the judgment various High Courts concluded that the transaction was devoid of any commercial substance and amounted to a sham intended to evade taxes. Consequently, the loss claimed by the assessee on account of debenture redemption w…

Mrs. Malavika Hegde L/R of Late Sri. V G Siddhartha, Bangalore vs. The Deputy Commissioner of Income Tax, Central Circle-1(3), Bangalore

ITA 1443/BANG/2024[2014-15]Status: DisposedITAT Bangalore16 Jul 2025AY 2014-15

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri C Ramesh, CAFor Respondent: Ms. Neha Sahay, JCIT (DR)
Section 132Section 143(3)Section 153A

…was based on an informal agreement was found to be unsubstantiated and treated as a colourable device to forgo the income and artificially inflate the loss. The AO referring to the judgment of Hon’ble Supreme court in the case of McDowell & Co reported in 154 ITR 148, in the case of Sumati Dayal reported in 80 Taxman 89, in the case of Durga Paras More reported in 82 ITR 540 and the judgment various High Courts concluded that the transaction was devoid of any commercial substance and amounted to a sham intended to evade taxes. Consequently, the loss claimed by the assessee on account of debenture redempt…

Vijay Kumar Chhattani, Raipur vs. Income Tax Officer, Ward-1(2), Raipur

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

ITA 120/RPR/2024[2016-17]Status: DisposedITAT Raipur14 Jul 2025AY 2016-17

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpiaआयकर अपील सं./Ita No.120/Rpr/2024 "नधा"रण वष" /Assessment Year: 2016-17 Vijay Kumar Chhattani, S.S.D. Agro Tech Building, Village Tulsi, Neora, Tilda, Raipur, Chhattisgarh Pan: Afapc4410R .......अपीलाथ" / Appellant बनाम / V/S.

For Appellant: Shri Abhishek Mahawar, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 131Section 133A

…AIR 1992 SC 1555, it has been held that fraud and collusion vitiates even the most solemn proceedings in any civilized system of jurisprudence including natural justice. Further, the Hon’ble Supreme Court in the case of Mc Dowell & Company Ltd. Vs. CTO [1985] 154 ITR 148 (SC) has held that "Tax planning may be legitimate provided it is within the framework of law, Colourable devices cannot be part of tax planning....". 9. Therefore, in our considered view, in all these matters, it is the responsibility of the revenue authorities to investigate the matter in detailed manner as per law whether there is tax plannin…

Ashok Kumar Wadhwani, Raipur vs. Income Tax Officer, Ward-1(2), Raipur

In the result, appeal in ITA No

ITA 118/RPR/2024[2016-17]Status: DisposedITAT Raipur14 Jul 2025AY 2016-17

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpiaआयकर अपील सं./Ita Nos.117 &118/Rpr/2024 "नधा"रण वष" /Assessment Year: 2014-15 & 2016-17 Ashok Kumar Wadhwani, Ujwal Udyog, Sinodha, Neora, Tilda, Raipur, Chhattisgarh. Pan: Aahpw1400B .......अपीलाथ" / Appellant बनाम / V/S.

For Appellant: Shri Abhishek Mahawar, CAFor Respondent: Dr. Priyanka Patel, Sr. DR

…AIR 1992 SC 1555, it has been held that fraud and collusion vitiates even the most solemn proceedings in any civilized system of jurisprudence including natural justice. Further, the Hon’ble Supreme Court in the case of Mc Dowell & Company Ltd. Vs. CTO [1985] 154 ITR 148 (SC) has held that "Tax planning may be legitimate provided it is within the framework of law, Colourable devices cannot be part of tax planning....". 15. Therefore, in our considered view, in all these matters, it is the responsibility of the revenue authorities to investigate the matter in detailed manner as per law whether there is tax planni…

Ashok Kumar Wadhwani, Raipur vs. Income Tax Officer, Ward-1(2), Raipur

In the result, appeal in ITA No

ITA 117/RPR/2024[2014-15]Status: DisposedITAT Raipur14 Jul 2025AY 2014-15

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpiaआयकर अपील सं./Ita Nos.117 &118/Rpr/2024 "नधा"रण वष" /Assessment Year: 2014-15 & 2016-17 Ashok Kumar Wadhwani, Ujwal Udyog, Sinodha, Neora, Tilda, Raipur, Chhattisgarh. Pan: Aahpw1400B .......अपीलाथ" / Appellant बनाम / V/S.

For Appellant: Shri Abhishek Mahawar, CAFor Respondent: Dr. Priyanka Patel, Sr. DR

…AIR 1992 SC 1555, it has been held that fraud and collusion vitiates even the most solemn proceedings in any civilized system of jurisprudence including natural justice. Further, the Hon’ble Supreme Court in the case of Mc Dowell & Company Ltd. Vs. CTO [1985] 154 ITR 148 (SC) has held that "Tax planning may be legitimate provided it is within the framework of law, Colourable devices cannot be part of tax planning....". 15. Therefore, in our considered view, in all these matters, it is the responsibility of the revenue authorities to investigate the matter in detailed manner as per law whether there is tax planni…

Kishor Jethalal Morbia, Mumbai vs. Income Tax Officer 27 (2)(1), Mumbai

In the result, the appeal is accordingly allowed in the above terms

ITA 582/MUM/2025[2018-19]Status: DisposedITAT Mumbai14 Jul 2025AY 2018-19

Bench: Shri Vikram Singh Yadav & Shri Raj Kumar Chauhanvs. Assessing Officer, Kishor Jethalal Morbia Assessment Unit, 304/310, Kailas Plaza, Income Tax Vallabh Baug Lane, Department Ghatkopar (East), Jurisdictional Mumbai-400 075 Assessing Officer, Ito 27(2)(1), Vashi Railway Station, Vashi Navi Mumbai- 400 703 Pan/Gir No. Aabpm4447J (Applicant) (Respondent) Assessee By Shri Anant N. Pai, Ld. Ar Revenue By Shri Hemanshu Joshi, Sr. Dr Date Of Hearing 07.05.2025 Date Of Pronouncement 14.07.2025 आदेश / Order Per Raj Kumar Chauhan, Jm:

Section 250Section 51

…Mishra (320 ITR 1), in which the Hon'ble Apex Court noted with grave concerned the rampant circulation of unaccounted money destroying the economy of our country. Further, the ratio of the decision of the Hon'ble Supreme Court in the case of Mc Dowell Vs CTO (154 ITR 148) is also relied upon. In this land mark decision, the Hon'ble Apex Court noted with concern the colourable devices of tax planning. Considering the gamut of issues dealt with in the assessment order with which the undersigned concurs, the decision of the assessing officer is upheld and Grounds raised in this appeal are dismissed. 6. Lastly the ap…

Essar Communications Limited, Mauritius vs. ACIT, Circle-1 (2)(2), New Delhi

ITA 340/DEL/2022[2012-13]Status: DisposedITAT Delhi30 Jun 2025AY 2012-13

Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI S. RIFAUR RAHMAN (Accountant Member)

For Appellant: Shri Percy Pardiwala, Sr. AdvocateFor Respondent: Shri N. Venkatraman, ASG
Section 250Section 253Section 6(3)

…ustice S.H. Kapadia in Vodafone held/affirmed as under: a. Paragraph 61-70 of judgment deals with the Constitutional Bench Judgement of The Hon'ble Supreme Court in Macdowell. Paragraph 69-70 holds as under: 69. In the judgment of Reddy, J in McDowell [(1985) 3 SCC 230 : 1985 SCC (Tax) 391} there are repeated references to schemes and devices in contradistinction to "legitimate avoidance of tax liability" (paras 7-10, 17 & 18). In our view, although Chinnappa Reddy, J makes a number of observations regarding the need to depart from Westminster [IRe v. Duke of Westminster, 1936 Ae 1 : 1935 All ER Rep 259 (HL)] and…

Hanumant Ingots Pvt. Ltd., Raipur vs. Assistant Commissioner of Income Tax, Central Circle-2, Raipur

Accordingly the same is also allowed for statistical purposes

ITA 347/RPR/2025[2014-15]Status: DisposedITAT Raipur25 Jun 2025AY 2014-15

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita No: 346 & 347/Rpr/2025 (िनधा"रण वष"Assessment Year: 2013-14 & 2014-15)

For Appellant: NoneFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 132Section 133ASection 142(1)Section 147Section 148Section 250Section 68

…AIR 1992 SC 1555, it has been held that fraud and collusion vitiates even the most solemn proceedings in any civilized system of jurisprudence including natural justice. Further, the Hon’ble Supreme Court in the case of Mc Dowell & Company Ltd. Vs. CTO [1985] 154 ITR 148 (SC) has held that "Tax planning may be legitimate provided it is within the framework of law, Colourable devices cannot be part of tax planning....". 12. Therefore, in our considered view, in the present matter it is the responsibility of the revenue authorities to investigate the matter in detailed manner as per law whether there is tax planni…

Hanumant Ingots Pvt. Ltd., Raipur vs. Assistant Commissioner of Income Tax, Central Circle-2, Raipur

Accordingly the same is also allowed for statistical purposes

ITA 346/RPR/2025[2013-14]Status: DisposedITAT Raipur25 Jun 2025AY 2013-14

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita No: 346 & 347/Rpr/2025 (िनधा"रण वष"Assessment Year: 2013-14 & 2014-15)

For Appellant: NoneFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 132Section 133ASection 142(1)Section 147Section 148Section 250Section 68

…AIR 1992 SC 1555, it has been held that fraud and collusion vitiates even the most solemn proceedings in any civilized system of jurisprudence including natural justice. Further, the Hon’ble Supreme Court in the case of Mc Dowell & Company Ltd. Vs. CTO [1985] 154 ITR 148 (SC) has held that "Tax planning may be legitimate provided it is within the framework of law, Colourable devices cannot be part of tax planning....". 12. Therefore, in our considered view, in the present matter it is the responsibility of the revenue authorities to investigate the matter in detailed manner as per law whether there is tax planni…

Dipak Raheja, Raipur vs. ACIT, Circle-1(1), Raipur

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

ITA 344/RPR/2025[2017-18]Status: DisposedITAT Raipur25 Jun 2025AY 2017-18

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpiaआयकर अपील सं. / Ita No.344/Rpr/2025 "नधा"रण वष" / Assessment Year : 2017-18 Dipak Raheja 15/191, Near Agrasen Bhawan, Jawahar Nagar, Ravigram, S.O- Raipur Pan: Ahxpr1047E ........अपीलाथ" / Appellant बनाम / V/S. The Assistant Commissioner Of Income Tax, Circle-1(1), Raipur (C.G.) ……""यथ" / Respondent

For Appellant: Shri Bikram Jain, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 144Section 148Section 68

…AIR 1992 SC 1555, it has been held that fraud and collusion vitiates even the most solemn proceedings in any civilized system of jurisprudence including natural justice. Further, the Hon’ble Supreme Court in the case of Mc Dowell & Company Ltd. Vs. CTO [1985] 154 ITR 148 (SC) has held that "Tax planning may be legitimate provided it is within the framework of law, Colourable devices cannot be part of tax planning....". 12. Therefore, in our considered view, in the present matter it is the responsibility of the revenue authorities to investigate if there is any tax evasion as per the transactions entered into by…

Asstt. Commissioner of Income Tax, Ghaziabad vs. Rohan Agarwal, Ghaziabad

In the result, the appeal of the assessee is dismissed

ITA 5624/DEL/2024[2013-14]Status: DisposedITAT Delhi25 Jun 2025AY 2013-14

Bench: Ms. Madhumita Roy & Shri Khettra Mohan Royacit Vs. Rohan Agarwal Room No. 201, Cgo-1 Kd-42, Kavi Nagar 2Nd Floor, Near Purani Ghaziabad Hapur Chungi, Up – 201001 Ghaziabad, Up- 201002 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aiupa3170F Appellant .. Respondent

For Appellant: Sh. Amit Rai, CAFor Respondent: Ms. Harpreet Kaur Hansra, Sr
Section 10(38)Section 139Section 143(2)Section 144BSection 147Section 147rSection 148Section 69A

…has failed to substantiate the genuineness of alleged share transactions in respect of long term capital gain u/s. 10(38) of the Act. In view of above discussions, the landmark decision of the Hon’ble Supreme Court in the case of McDowell and Company Limited, 154 ITR 148 are squarely applicable in this case wherein it has been held that tax planning may be legitimate provided it is within the framework of the law and any colourable devices cannot be part of tax planning and it is wrong to encourage or entertain the belief that it is honourable to avoid the payment of tax by dubious methods. However, the case laws…

Jasbir Singh Oberoi, Raipur vs. DCIT, Circle-1(1), Raipur

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

ITA 311/RPR/2025[2016-17]Status: DisposedITAT Raipur20 Jun 2025AY 2016-17

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpiaआयकर अपील सं. / Ita No.311/Rpr/2025 "नधा"रण वष" / Assessment Year : 2016-17 Jasbir Singh Oberoi Legal Heir Late Parvinder Kaur Oberoi C/O. Oberoi Tour & Travels, Shop No.1, Wali Mohd. Building, K.K Road, Moudhapara, Raipur-492 001 (C.G.) Pan: Aagpo2025P ........अपीलाथ" / Appellant बनाम / V/S. The Deputy Commissioner Of Income Tax, Circle-1(1), Raipur (C.G.) ……""यथ" / Respondent

For Appellant: Shri Sunil Kumar Agrawal, CAFor Respondent: Dr. Priyanka Patel, Sr. DR

…AIR 1992 SC 1555, it has been held that fraud and collusion vitiates even the most solemn proceedings in any civilized system of jurisprudence including natural justice. Further, the Hon’ble Supreme Court in the case of Mc Dowell & Company Ltd. Vs. CTO [1985] 154 ITR 148 (SC) has held that "Tax planning may be legitimate provided it is within the framework of law, Colourable devices cannot be part of tax planning....". 7. Therefore, in our considered view, in the present matter it is the responsibility of the revenue authorities to investigate the matter in detailed manner as per law whether there is tax plannin…

Jds Capital Markets Private Limited, Jds Chambers Raipur vs. ITO, Ward -1(2), Raipur

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

ITA 309/RPR/2025[2017-2018]Status: DisposedITAT Raipur20 Jun 2025AY 2017-2018

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpiaआयकर अपील सं. / Ita No.309/Rpr/2025 "नधा"रण वष" / Assessment Year : 2017-18 Jds Capital Markets Private Limited 6, Central Avenue, Choube Colony, Raipur-492 001 (C.G.) Pan: Aabcj0428P

For Appellant: None (Adjournment Application)For Respondent: Dr. Priyanka Patel, Sr. DR
Section 144Section 250Section 250(6)Section 251(1)(a)Section 251(2)Section 68

…the most solemn proceedings in any civilized system of jurisprudence including natural justice. Further, the Hon’ble Supreme Court in the case of Mc Dowell & 7 JDS Capital Markets Private Limited Vs. ITO, Ward-1(2), Raipur (C.G.) Company Ltd. Vs. CTO [1985] 154 ITR 148 (SC) has held that "Tax planning may be legitimate provided it is within the framework of law, Colourable devices cannot be part of tax planning....". 9. Therefore, in our considered view, in the present matter it is the responsibility of the revenue authorities to investigate the matter in detailed manner as per law whether there is tax plannin…

Income Tax Officer-1(3), Bhilai vs. Ramandeep Singh Sohi, Durg

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

ITA 268/RPR/2025[2016]Status: DisposedITAT Raipur18 Jun 2025

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.268/Rpr/2025 "नधा"रण वष" /Assessment Year : 2016-17 The Income Tax Officer-1(3), Bhilai (C.G.)

For Appellant: NoneFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 10(38)Section 142(1)Section 147Section 148

…AIR 1992 SC 1555, it has been held that fraud and collusion vitiates even the most solemn proceedings in any civilized system of jurisprudence including natural justice. Further, the Hon’ble Supreme Court in the case of Mc Dowell & Company Ltd. Vs. CTO [1985] 154 ITR 148 (SC) has held that "Tax planning may be legitimate provided it is within the framework of law, Colourable devices cannot be part of tax planning....". 14. Therefore, in my considered view, in the present matter, it is the responsibility of the revenue authorities to investigate the matter in detailed manner as per law whether there is tax planni…

Mapss Fats and Proteins Private Limited, Raipur vs. Income Tax Officer, Ward 1(2), Raipur, Aaykar Bhawan Civil Lines

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

ITA 246/RPR/2025[2009-10]Status: DisposedITAT Raipur18 Jun 2025AY 2009-10

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.246/Rpr/2025 "नधा"रण वष" /Assessment Year : 2009-10 Mapss Fats & Proteins Private Limited Shanti Sadan, Chouby Colony, Raipur (C.G.)-492 001 Pan: Aafcm7263D .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward-1(2), Raipur (C.G.) ……""यथ" / Respondent

For Appellant: Shri Vikram Chhabda, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 131Section 133ASection 147Section 148

…AIR 1992 SC 1555, it has been held that fraud and collusion vitiates even the most solemn proceedings in any civilized system of jurisprudence including natural justice. Further, the Hon’ble Supreme Court in the case of Mc Dowell & Company Ltd. Vs. CTO [1985] 154 ITR 148 (SC) has held that "Tax planning may be legitimate provided it is within the framework of law, Colourable devices cannot be part of tax planning....". 13. Therefore, in my considered view, in the present matter it is the responsibility of the revenue authorities to investigate the matter in detailed manner as per law whether there is tax plannin…

Shankar Lal Chhugani, Raipur vs. ACIT, Central Circle-1, Raipur

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

ITA 179/RPR/2025[2020-21]Status: DisposedITAT Raipur18 Jun 2025AY 2020-21

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpiaआयकर अपील सं. / Ita No.179/Rpr/2025 "नधा"रण वष" / Assessment Year : 2020-21 Shankar Lal Chhugani H.No.79/80, Sector-3, Gitanjali Nagar, Raipur (C.G.) Pan: Aetpc9570Q ........अपीलाथ" / Appellant बनाम / V/S. The Assistant Commissioner Of Income Tax, Central Circle-1, Raipur (C.G.)

For Appellant: Shri Sunil Kumar Agrawal, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 132(1)Section 133ASection 143(2)Section 144

…AIR 1992 SC 1555, it has been held that fraud and collusion vitiates even the most solemn proceedings in any civilized system of jurisprudence including natural justice. Further, the Hon’ble Supreme Court in the case of Mc Dowell & Company Ltd. Vs. CTO [1985] 154 ITR 148 (SC) has held that "Tax planning may be legitimate provided it is within the framework of law, Colourable devices cannot be part of tax planning....". 12. Therefore, in our considered view, in the present matter it is the responsibility of the revenue authorities to investigate the matter in detailed manner as per law whether there is tax planni…

Deputy Commissioner of Income Tax-1(1), Raipur vs. Shanta Techno Private Limited, Raipur

ITA 155/RPR/2025[2018-19]Status: DisposedITAT Raipur18 Jun 2025AY 2018-19

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita No: 155/Rpr/2025 (िनधा"रण वष" Assessment Year: 2018-19)

For Appellant: NoneFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 142(1)Section 147Section 148Section 250Section 69C

…AIR 1992 SC 1555, it has been held that fraud and collusion vitiates even the most solemn proceedings in any civilized system of jurisprudence including natural justice. Further, the Hon’ble Supreme Court in the case of Mc Dowell & Company Ltd. Vs. CTO [1985] 154 ITR 148 (SC) has held that "Tax planning may be legitimate provided it is within the framework of law, Colourable devices cannot be part of tax planning....". 12. Therefore, in our considered view, in the present matter it is the responsibility of the revenue authorities to investigate the matter in detailed manner as per law whether there is tax planni…

Aagam Realty Pvt. Ltd., Ahmedabad vs. The Income Tax Officer, Ward-1(1)(1), Ahmedabad

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

ITA 3541/AHD/2016[2012-13]Status: DisposedITAT Ahmedabad18 Jun 2025AY 2012-13

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

For Appellant: Shri P. F. Jain, CA
Section 234

…IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, AHMEDABAD BEFORE SHRI SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER & SHRI MAKARAND V. MAHADEOKAR, ACCOUNTANT MEMBER I.T.A. No.3541/Ahd/2016 (Assessment Year: 2012-13) Aagam Realty Pvt. Ltd., C/o. Vishvesh A. Shah & Co., 316, 3rd Floor, Abhishek Plaza, B/h. Navgujarat College, Usmanpura Ahmedabad-380014 [PAN No.AAHCA9340B] Vs. Income Tax Officer, Ward-1(1)(1), Ahmedabad (Appellant) .. (Respondent) Appellant by : Shri P. F. Jain, CA Respondent by: | Shri Prithviraj Meena, CIT-DR Date of Hearing 13.06.2025 Date of Pronouncement 18.06.2025 ORDER PER SIDDHARTHA NAUTIYAL - JUDICI…

Income Tax Officer-3(1), Kanpur vs. Shri Arvind Kumar Gupta, Kanpur

In the result, the appeal is held to be allowed for statistical purposes

ITA 174/LKW/2020[2015-16]Status: DisposedITAT Lucknow11 Jun 2025AY 2015-16

Bench: SH.KUL BHARAT, VICE PRESIDENT AND SH. NIKHIL CHOUDHARY (Accountant Member)

For Appellant: NoneFor Respondent: Sh. Sanjeev Krishna Sharma, Addl CIT (DR)
Section 143(3)Section 250Section 268A

…IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW ‘A’BENCH, LUCKNOW BEFORE SH.KUL BHARAT, VICE PRESIDENT AND SH. NIKHIL CHOUDHARY, ACCOUNTANT MEMBER A.Y.2015-16 Income Tax Officer, vs. Sh. Arvind Kumar Gupta through legal 3(1), Kanpur heir, Smt. Uma Gupta. 41/9, Naya Chowk, Parade, Kanpur PAN:ABKPG5557D (Appellant) (Respondent) Assesseeby: None Revenue by: Sh. Sanjeev Krishna Sharma, Addl CIT (DR) Date of hearing: 24.03.2025 Date of pronouncement: 11.06.2025 O R D E R PER NIKHIL CHOUDHARY, A.M.: This is an appeal filed by the Department against the order of the ld. CIT(A)- 1, Kanpur under section 250 of the Income Ta…