P.K. Badiani v. CIT

105 ITR 642Supreme Court of India1976#4273 most cited

What is P.K. Badiani v. CIT authority for?

A prior decision of the Bombay High Court, confirmed by the Supreme Court in P.K. Badiani v. CIT (105 ITR 642), is applicable to the facts of a subsequent case, even if it involves different assessment procedures. This establishes the precedent value of a Supreme Court judgment.

27

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2025.

Also referred to as

P.K. Badiani v. CIT · 105 ITR 642 · Supreme Court · Bombay High Court · applicability of prior judgment · assessment procedure · section 139 · section 143(2) · section 142(1)

Sections most often in play

Section 139 Section 142(1)Section 143(2)Section 2(22)(e)Section 44AB

Read the full judgment

Issues it is cited on

section 80e section 75 section 32(2)convertible foreign exchange section 80ab section 32a section 80m actual payment basis clarificatory amendment accumulated profits section 80h section 2(22)

Judgments citing P.K. Badiani v. CIT

C I T vs. M/S Bharat Hotels

The appeals are disposed of in the above terms with no order as to

ITA/69/2000HC Delhi24 Jul 2015

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…y the corresponding allowance of depreciation. He ITAs 69, 70, 71, 72, & 73/2000 Page 14 of 21 referred to the decision of the Supreme Court in P.K. Badiani v. CIT (1976)105 ITR 642 (SC). He also referred to the later decision in Mysore Minerals Ltd. v. CIT (1999) 106 Taxman 166, where it was held that the word „owned‟ in Section 32(1) is provided with reference to the control exercised over the property by the person claiming relaxation. It is submitted that since the Assessee has made the investment in the capital a…

C I T vs. M/S Bharat Hotel Ltd

The appeals are disposed of in the above terms with no order as to

ITA/70/2000HC Delhi24 Jul 2015

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…y the corresponding allowance of depreciation. He ITAs 69, 70, 71, 72, & 73/2000 Page 14 of 21 referred to the decision of the Supreme Court in P.K. Badiani v. CIT (1976)105 ITR 642 (SC). He also referred to the later decision in Mysore Minerals Ltd. v. CIT (1999) 106 Taxman 166, where it was held that the word „owned‟ in Section 32(1) is provided with reference to the control exercised over the property by the person claiming relaxation. It is submitted that since the Assessee has made the investment in the capital a…

C I T vs. M/S Bharat Hotel Ltd

The appeals are disposed of in the above terms with no order as to

ITA - 70 / 2000HC Delhi24 Jul 2015

…ng allowance of depreciation. He 2015:DHC:5892-DB ITAs 69, 70, 71, 72, & 73/2000 Page 14 of 21 referred to the decision of the Supreme Court in P.K. Badiani v. CIT (1976)105 ITR 642 (SC). He also referred to the later decision in Mysore Minerals Ltd. v. CIT (1999) 106 Taxman 166, where it was held that the word „owned‟ in Section 32(1) is provided with reference to the control exercised over the property by the person claiming relaxation. It is submitted that since the Assessee has made the investment in the capital a…

C I T vs. M/S Bharat Hotels

The appeals are disposed of in the above terms with no order as to

ITA - 71 / 2000HC Delhi24 Jul 2015

…ng allowance of depreciation. He 2015:DHC:5887-DB ITAs 69, 70, 71, 72, & 73/2000 Page 14 of 21 referred to the decision of the Supreme Court in P.K. Badiani v. CIT (1976)105 ITR 642 (SC). He also referred to the later decision in Mysore Minerals Ltd. v. CIT (1999) 106 Taxman 166, where it was held that the word „owned‟ in Section 32(1) is provided with reference to the control exercised over the property by the person claiming relaxation. It is submitted that since the Assessee has made the investment in the capital a…

C.I.T vs. M/S Bharat Hotel Ltd

The appeals are disposed of in the above terms with no order as to

ITA - 72 / 2000HC Delhi24 Jul 2015

…ng allowance of depreciation. He 2015:DHC:5888-DB ITAs 69, 70, 71, 72, & 73/2000 Page 14 of 21 referred to the decision of the Supreme Court in P.K. Badiani v. CIT (1976)105 ITR 642 (SC). He also referred to the later decision in Mysore Minerals Ltd. v. CIT (1999) 106 Taxman 166, where it was held that the word „owned‟ in Section 32(1) is provided with reference to the control exercised over the property by the person claiming relaxation. It is submitted that since the Assessee has made the investment in the capital a…

C.I.T vs. M/S Bharat Hotels

The appeals are disposed of in the above terms with no order as to

ITA - 73 / 2000HC Delhi24 Jul 2015

…ng allowance of depreciation. He 2015:DHC:5889-DB ITAs 69, 70, 71, 72, & 73/2000 Page 14 of 21 referred to the decision of the Supreme Court in P.K. Badiani v. CIT (1976)105 ITR 642 (SC). He also referred to the later decision in Mysore Minerals Ltd. v. CIT (1999) 106 Taxman 166, where it was held that the word „owned‟ in Section 32(1) is provided with reference to the control exercised over the property by the person claiming relaxation. It is submitted that since the Assessee has made the investment in the capital a…

M/S Krupanidhi Education Trust, Bangalore vs. DIT, Bangalore

In the result, the appeal by the assessee is allowed

ITA 495/BANG/2014[2009-10]Status: DisposedITAT Bangalore20 Feb 2015AY 2009-10

Bench: Shri N.V. Vasudevan & Shri Abraham P. Georgeassessment Year : 2009-10

For Appellant: Shri V. Srinivasan, C.A

Section 11(1)(a)Section 12ASection 143(3)Section 263Section 32Section 35(2)(iv)

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, JUDICIAL MEMBER AND SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER Assessment year : 2009-10 M/s. Krupanidhi Education Trust, Vs. The Director of Income Tax Chikkabelandur, (Exemption), Bangalore. Carmelram Post, Varthur Hobli, Off. Sarjapur Road, Bangalore – 560 034. PAN: AAATK 1211R APPELLANT RESPONDENT Appellant by : Shri V. Srinivasan, C.A. : Shri Farahat Hussain Qureshi, CIT-II(DR) Revenue by Date of hearing : 05.02.2015 Date of Pronouncement : 20.02.2015 O R D E R Per N.V. Vasudevan, Judicial Member This appeal by the as…