Oriental Investment Co. Ltd. v. CIT

32 ITR 664Supreme Court of India1957#8574 most cited
13

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2008 to 2024.

Sections most often in play

Section 253(5)Section 144Section 144BSection 147Section 249(3)Section 271(1)(b)Section 271(1)(c)Section 143(1)

Issues it is cited on

section 256section 202section 66bona fide mistakesection 253(3)section 253(5)section 264section 249(3)section 253tax deducted at sourcesection 271(1)(b)section 249

Judgments citing Oriental Investment Co. Ltd. v. CIT

M/S. PARAVUR SERVICE CO-OPERATIVE BANK,KOLLAM vs. INCOME TAX OFFICER, WARD 2, KOLLAM

In the result, the appeal and stay petition filed by the assessee are dismissed

ITA 767/COCH/2023[AY 2017-18]Status: DisposedITAT Cochin08 Jul 2024

Bench: Shri Chandra Poojari & Shri Soundararajan K.Assessment Year: 2017-18

For Appellant: Sri Santosh P. Abraham, A.RFor Respondent: Shri Sanjit Kumar Das, D.R
Section 250Section 80PSection 80P(2)(a)Section 80P(2)(d)

…act and as such no question of law arises out of the finding of the Income- tax Appellate Tribunal. The reference application filed by the Revenue is accordingly dismissed.” The Supreme Court of India in the case of Oriental Investment Co. Ltd. vs. CIT [1957] 32 ITR 664, AIR 1957 SC 852, held as under (857 of AIR 1957 SC): “A finding on a question of fact is open to attack under section 66(1) as erroneous in law if there is no evidence to support it or if it is perverse.” A full Bench of the Orissa High Court, in the case of Brajabandhu Nanda vs. CIT (1962) 44 ITR 668, considering a somewhat similar question whe…

M/S. SJS ENTERPRISES LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6(1)(1), BANGALORE

In the result, appeal of the assessee is dismissed

ITA 972/BANG/2024[2017-18]Status: DisposedITAT Bangalore27 Jun 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavassessment Year:2017-18

For Appellant: Sri Rony Anthony, A.RFor Respondent: Ms. Neha Sahay, D.R
Section 142(1)Section 143(1)Section 143(3)Section 154Section 234B

…of the finding of the Income- tax Appellate Tribunal. The reference application filed by the Revenue is accordingly dismissed.” M/s. SJS Enterprises, Bangalore Page 6 of 14 The Supreme Court of India in the case of Oriental Investment Co. Ltd. vs. CIT [1957] 32 ITR 664, AIR 1957 SC 852, held as under (857 of AIR 1957 SC): “A finding on a question of fact is open to attack under section 66(1) as erroneous in law if there is no evidence to support it or if it is perverse.” A full Bench of the Orissa High Court, in the case of Brajabandhu Nanda vs. CIT (1962) 44 ITR 668, considering a somewhat similar question whe…

M/S. CHITRADURGA NIRMITHI KENDRA,CHITRADURGA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1), DAVANGERE

ITA 1018/BANG/2023[2012-13]Status: DisposedITAT Bangalore20 Jun 2024AY 2012-13

Bench: Shri Chandra Poojari & Shri Keshav Dubey

Section 12ASection 40

…act and as such no question of law arises out of the finding of the Income- tax Appellate Tribunal. The reference application filed by the Revenue is accordingly dismissed." The Supreme Court of India in the case of Oriental Investment Co. Ltd. vs. CIT [1957] 32 ITR 664, AIR 1957 SC 852, held as under (857 of AIR 1957 SC): “A finding on a question of fact is open to attack under section 66(1) as erroneous in law if there is no evidence to support it or if it is perverse." A full Bench of the Orissa High Court, in the case of Brajabandhu Nanda vs. CIT (1962) 44 ITR 668, considering a somewhat similar question wher…

THE KARNATAKA CHEMISTS & DRUGGISTS ASSOCIATION®,BANGALORE vs. INCOME TAX OFFICER, WARD-5(2)(1), BANGALORE

In the result, all the appeals of the assessee are dismissed

ITA 704/BANG/2024[2014-15]Status: DisposedITAT Bangalore04 Jun 2024AY 2014-15

Bench: Shri Chandra Poojari & Shri Soundararajan K.

For Appellant: Shri Ravishankar, A.RFor Respondent: Shri V. Parithivel, D.R
Section 147Section 20Section 202Section 249(3)Section 271(1)(b)Section 271(1)(c)

…act and as such no question of law arises out of the finding of the Income- tax Appellate Tribunal. The reference application filed by the Revenue is accordingly dismissed.” The Supreme Court of India in the case of Oriental Investment Co. Ltd. vs. CIT [1957] 32 ITR 664, AIR 1957 SC 852, held as under (857 of AIR 1957 SC): ITA Nos.699 to 704/Bang/2024 The Karnataka Chemists & Druggists Association, Bangalore Page 12 of 23 “A finding on a question of fact is open to attack under section 66(1) as erroneous in law if there is no evidence to support it or if it is perverse.” A full Bench of the Orissa High Court, i…

THE KARNATAKA CHEMISTS & DRUGGISTS ASSOCIATION®,BANGALORE vs. INCOME TAX OFFICER, WARD-5(2)(1) , BANGALORE

In the result, all the appeals of the assessee are dismissed

ITA 703/BANG/2024[2014-15]Status: DisposedITAT Bangalore04 Jun 2024AY 2014-15

Bench: Shri Chandra Poojari & Shri Soundararajan K.

For Appellant: Shri Ravishankar, A.RFor Respondent: Shri V. Parithivel, D.R
Section 147Section 20Section 202Section 249(3)Section 271(1)(b)Section 271(1)(c)

…act and as such no question of law arises out of the finding of the Income- tax Appellate Tribunal. The reference application filed by the Revenue is accordingly dismissed.” The Supreme Court of India in the case of Oriental Investment Co. Ltd. vs. CIT [1957] 32 ITR 664, AIR 1957 SC 852, held as under (857 of AIR 1957 SC): ITA Nos.699 to 704/Bang/2024 The Karnataka Chemists & Druggists Association, Bangalore Page 12 of 23 “A finding on a question of fact is open to attack under section 66(1) as erroneous in law if there is no evidence to support it or if it is perverse.” A full Bench of the Orissa High Court, i…

THE KARNATAKA CHEMISTS & DRUGGISTS ASSOCIATION®,BANGALORE vs. INCOME TAX OFFICER, WARD-5(3)(2), BANGALORE

In the result, all the appeals of the assessee are dismissed

ITA 702/BANG/2024[2014-15]Status: DisposedITAT Bangalore04 Jun 2024AY 2014-15

Bench: Shri Chandra Poojari & Shri Soundararajan K.

For Appellant: Shri Ravishankar, A.RFor Respondent: Shri V. Parithivel, D.R
Section 147Section 20Section 202Section 249(3)Section 271(1)(b)Section 271(1)(c)

…act and as such no question of law arises out of the finding of the Income- tax Appellate Tribunal. The reference application filed by the Revenue is accordingly dismissed.” The Supreme Court of India in the case of Oriental Investment Co. Ltd. vs. CIT [1957] 32 ITR 664, AIR 1957 SC 852, held as under (857 of AIR 1957 SC): ITA Nos.699 to 704/Bang/2024 The Karnataka Chemists & Druggists Association, Bangalore Page 12 of 23 “A finding on a question of fact is open to attack under section 66(1) as erroneous in law if there is no evidence to support it or if it is perverse.” A full Bench of the Orissa High Court, i…

THE KARNATAKA CHEMISTS & DRUGGISTS ASSOCIATION®,BANGALORE vs. INCOME TAX OFFICER, WARD-5(3)(1), BANGALORE

In the result, all the appeals of the assessee are dismissed

ITA 700/BANG/2024[2013-17]Status: DisposedITAT Bangalore04 Jun 2024AY 2013-17

Bench: Shri Chandra Poojari & Shri Soundararajan K.

For Appellant: Shri Ravishankar, A.RFor Respondent: Shri V. Parithivel, D.R
Section 147Section 20Section 202Section 249(3)Section 271(1)(b)Section 271(1)(c)

…act and as such no question of law arises out of the finding of the Income- tax Appellate Tribunal. The reference application filed by the Revenue is accordingly dismissed.” The Supreme Court of India in the case of Oriental Investment Co. Ltd. vs. CIT [1957] 32 ITR 664, AIR 1957 SC 852, held as under (857 of AIR 1957 SC): ITA Nos.699 to 704/Bang/2024 The Karnataka Chemists & Druggists Association, Bangalore Page 12 of 23 “A finding on a question of fact is open to attack under section 66(1) as erroneous in law if there is no evidence to support it or if it is perverse.” A full Bench of the Orissa High Court, i…

M/S. S J S ENTERPRISES LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME, CIRCLE-6(1)(1), BANGALORE

In the result, appeal of the assessee is dismissed

ITA 327/BANG/2024[2018-19]Status: DisposedITAT Bangalore29 May 2024AY 2018-19

Bench: Shri Chandra Poojari & Shri Keshav Dubeyassessment Years: 2018-19

For Appellant: Shri Rony Anthony, A.RFor Respondent: Shri Guru Kumar S., D.R
Section 143(1)Section 234ASection 250

…act and as such no question of law arises out of the finding of the Income- tax Appellate Tribunal. The reference application filed by the Revenue is accordingly dismissed.” The Supreme Court of India in the case of Oriental Investment Co. Ltd. vs. CIT [1957] 32 ITR 664, AIR 1957 SC 852, held as under (857 of AIR 1957 SC): “A finding on a question of fact is open to attack under section 66(1) as erroneous in law if there is no evidence to support it or if it is perverse.” A full Bench of the Orissa High Court, in the case of Brajabandhu Nanda vs. CIT (1962) 44 ITR 668, considering a somewhat similar question whe…

M/S. BOUTIQUE HOTELS INDIA (P) LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, appeal of the assessee is dismissed

ITA 7042/DEL/2014[2009-10]Status: DisposedITAT Delhi31 Oct 2019AY 2009-10

Bench: Shri H.S. Sidhu & Shri Anadee Nath Misshra

For Appellant: Shri Neel Kanth Khandelwal, AdvFor Respondent: Shri Sanjog Kapoor, Sr. DR
Section 253(3)Section 80I

…fact and as such no question of law arises out of the finding of the Income-tax Appellate Tribunal. The reference application filed by the Revenue is accordingly dismissed.” The Supreme Court of India in the case of Oriental Investment Co. Ltd. vs. CIT [1957] 32 ITR 664, AIR 1957 SC 852, held as under (857 of AIR 1957 SC): “A finding on a question of fact is open to attack under section 66(1) as erroneous in law if there is no evidence to support it or if it is perverse.” A full Bench of the Orissa High Court, in the case of Brajabandhu Nanda vs. CIT (1962) 44 ITR 668, considering a somewhat similar question wher…

ORICON ENTERPRISES,MUMBAI vs. ASST CIT CEN CIR 20, MUMBAI

The appeal of the assessee is dismissed as not admitted

ITA 7387/MUM/2014[2007-08]Status: DisposedITAT Mumbai05 May 2017AY 2007-08

Bench: Shri Joginder Singh & Shri N.K. Pradhanassessment Year: 2007-08 M/S Orion Enterprises, Acit, Flat No.602B, Foreshore Central Circle-20, बनाम/ Apts, Juhu Tara Road, Mumbai Vs. Santacruz West, Mumbai-400049 ("नधा"रती /Assessee) (राज"व /Revenue) P.A. No.Aabfo0229Q "नधा"रती क" ओर से / Assessee By None राज"व क" ओर से / Revenue By Shri Subhacham Ram Cit-Dr

Section 69ASection 80H

…its mind and declines to condone the delay in filing the appeal for good and appropriate reasons, in that event it cannot give rise to a question of law for determination.” The Supreme Court of India in the case of Oriental Investment Co. Ltd. v. CIT [1957] 32 ITR 664, 675 ; AIR 1957 SC 852, held as under (857 of AIR 1957 SC) : “A finding on a question of fact is open to attack under section 66(1) as erroneous in law if there is no evidence to support it or if it is perverse.” A Full Bench of the Orissa High Court, in the case of Brajabandhu Nanda v. CIT [1962] 44 ITR 668, considering somewhat similar questio…

MOHD GAFURUDDIN F. SIDDIQUE,MUMBAI vs. CIT 15, MUMBAI

The appeal is dismissed as not admitted

ITA 79/MUM/2012[2006-07]Status: DisposedITAT Mumbai02 Feb 2017AY 2006-07

Bench: Shri Joginder Singh & Shri Manoj Kumar Aggarwalassessment Year: 2006-07 Mohd. Gafuruddin F. Siddiqui, Cit-15, Flat No.1, Gr. Flr, Saadath Mumbai बनाम/ Manzil, 35, Bora St. Null Vs. Bazar, Behind Safai Masjid, Mumbai-400003 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aapps1966C

Section 143(3)Section 263

…mind and declines to condone the delay in filing the appeal for good and appropriate reasons, in that event it cannot give rise to a question of law for determination.” The Hon'ble Apex Court of India in the case of Oriental Investment Co. Ltd. v. CIT [1957] 32 ITR 664, 675; AIR 1957 SC 852, held as under (857 of AIR 1957 SC): “A finding on a question of fact is open to attack under section 66(1) as erroneous in law if there is no evidence to support it or if it is perverse.” A Full Bench of the Orissa High Court, in the case of Brajabandhu Nanda v. CIT [1962] 44 ITR 668, considering somewhat similar question,…

M/S BHARTI TELEVENTURES LTD vs. ADDL./JT.COMMISSIONER OF INCOME TAX

ITA/1395/2006HC Delhi18 Dec 2012

Bench: The Tribunal. The Questions Of Law Sought To Be Urged Are: - (I) Whether The Tribunal Fell Into Error In Holding That `1,35,05,869/- Paid By The Assessee As Installation Expenditure By The Assessee Was Capital In Nature & Has To Be Treated As Such In Assessment Proceedings?

…may also include an activity which may be called, „quiescent‟.” 11. In CIT v. Motilal Haribhai Spinning and Weaving Co. Ltd., (1978) 113 ITR 173 (Guj.), it was held as under: - “In Oriental Investment Co. Ltd. v. Commissioner of Income Tax, (1957) 32 ITR 664 (SC), it was observed that merely because the company had within its objects the dealing in investment in shares does not give to it the characteristics of a dealer in shares. But if other circumstances are proved, it may be a relevant circumstance for the purpose of determining the nature of activities of an assessee. It would thus appear…

CENTRAL GOVT.EMP. CONSUMER COO vs. COMMISSIONER OF INCOME TAX

Appeal is dismissed and pending applications

ITA/407/2007HC Delhi19 Sept 2008

Bench: HON'BLE MR. JUSTICE BADAR DURREZ AHMED,HON'BLE MR. JUSTICE RAJIV SHAKDHER

Section 35Section 40Section 63Section 8(1)

…Page 19 of 47 Tribunal was affected by the irrelevant material used by it in arriving at the finding.” 21. In Oriental Investment Co. Ltd. v. CIT, (1957) 32 ITR 664, the Apex Court after examining a number of authorities and the general jurisprudence around the distinction between a question of law and question of fact observed as under: “24. A review of these authorities shows that though the English decisions began with a broad definition of what are questions of law, ultimately the House of Lords de…