Rajeev Kumar Agarwal v. ACIT

149 ITD 363Income Tax Appellate Tribunal2014#1052 most cited

What is Rajeev Kumar Agarwal v. ACIT authority for?

Curative amendments, such as a proviso to Section 40(a)(ia) introduced to remove undue hardship, apply retrospectively even without specific legislative declaration, rectifying shortcomings and obviating unintended difficulties.

104

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2015 to 2025.

Also referred to as

Rajeev Kumar Agarwal v. ACIT · retrospective effect · curative amendment · Section 40(a)(ia) · proviso to Section 40(a)(ia) · undue hardship · legislative amendment · prospective application · ITAT Agra · disallowance of expenditure · TDS default · 149 ITD 363

Also reported as

34 ITR (Trib) 479

Sections most often in play

Section 147Section 250Section 43CASection 50CSection 56(2)(vii)

Issues it is cited on

section 50(1)section 23(5)safe harboursection 50c(1)waiver of loansection 50c(2)section 211annual letting valuesection 43csection 43cacircle ratefull value of consideration

Judgments citing Rajeev Kumar Agarwal v. ACIT

ITO 7(3)(2) vs. Eagle Home Appliances P.Ltd, Pune

Accordingly, the appeal of Revenue is dismissed

ITA 5636/MUM/2011[2007-08]Status: DisposedITAT Pune21 Aug 2019AY 2007-08

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri M.K. KulkarniFor Respondent: Shri N. Ashok Babu
Section 234Section 40

…he assessee has deducted and paid the tax on such sum on the date of furnishing of return of income by the resident payee referred to in the said proviso.” The Tribunal in the case of Rajeev Kumar Agarwal Vs. Additional Commissioner of Income Tax reported as 149 ITD 363 (Agra-Trib.) has held that the aforesaid proviso is declaratory and curative and has retrospective effect from 01-04-2005. The aforesaid view of the Tribunal has been upheld by the Hon’ble Delhi High Court in the case of Commissioner of Income Tax Vs. Ansal Land Mark Township reported as 371 ITR 635. Thus, in view of the amended provisions, we de…

Eagle Home Appliances P. Ltd, Pune vs. Itio WD 7(3)(2)

Accordingly, the appeal of Revenue is dismissed

ITA 5584/MUM/2011[2007-08]Status: DisposedITAT Pune21 Aug 2019AY 2007-08

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri M.K. KulkarniFor Respondent: Shri N. Ashok Babu
Section 234Section 40

…he assessee has deducted and paid the tax on such sum on the date of furnishing of return of income by the resident payee referred to in the said proviso.” The Tribunal in the case of Rajeev Kumar Agarwal Vs. Additional Commissioner of Income Tax reported as 149 ITD 363 (Agra-Trib.) has held that the aforesaid proviso is declaratory and curative and has retrospective effect from 01-04-2005. The aforesaid view of the Tribunal has been upheld by the Hon’ble Delhi High Court in the case of Commissioner of Income Tax Vs. Ansal Land Mark Township reported as 371 ITR 635. Thus, in view of the amended provisions, we de…

Metal Extrusion India Ltd, Jaipur vs. Additional Commissioner of Income Tax, Circle-1, Jaipur

In the result, the appeal of the assessee is allowed

ITA 163/JPR/2019[2015-16]Status: DisposedITAT Jaipur24 Jul 2019AY 2015-16

Bench: : Shri Vijay Pal Raovk;Dj Vihy La-@Ita No.163/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year : 2015-16 Cuke M/S. Metal Extrusion India Ltd. The Addl. Cit Vs. 36A, Suraj Nagar East, Civil Lines Circle – 1 Jaipur Jaipur Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aafcm 3410 Q Vihykfkhz@Appellant Izr;Fkhz@Respondent

For Appellant: Shri Rohan Sogani, CAFor Respondent: Shri Ashok Khanna, JCIT-DR
Section 143Section 50CSection 60C

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCH ‘SMC’, JAIPUR Jh fot; iky jko] U;kf;d lnL; ds le{k Before : Shri Vijay Pal Rao, Judicial Member vk;dj vihy la-@ITA No.163/JP/2019 fu/kZkj.k o"kZ@Assessment Year : 2015-16 cuke M/s. Metal Extrusion India Ltd. The Addl. CIT Vs. 36A, Suraj Nagar East, Civil Lines Circle – 1 Jaipur Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAFCM 3410 Q vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls @Assessee by :Shri Rohan Sogani, CA jktLo dh vksj ls@ Revenue by : Shri Ashok Khanna, JCIT-DR lquokbZ dh rkjh[k@ Date o…

Shri Chamunda Credit Cooperative Society Ltd., Rajkot vs. Income Tax Officer, TDS-2, Rajkot

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

ITA 32/RJT/2018[2009-10]Status: DisposedITAT Rajkot25 Jun 2019AY 2009-10

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No.32/Rjt/2018 "नधा"रण वष"/Asstt. Year: 2009-2010 Income Tax Officer, Shri Chamunda Credit Cooperative Tds-2, Vs. Society Limited, Rajkot. Famous Shopping Centre, 150 Feet Ring Road, Near Parijat Party Plot, Chandra Park Main Road, Rajkot-360005. Pan: Aabas9343J

Section 194Section 194HSection 201Section 201(1)Section 40

…आयकर अपील"य अ"धकरण, अहमदाबाद "यायपीठ IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT (CONDUCTED THROUGH E-COURT AT AHMEDABAD) BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER And Ms. MADHUMITA ROY, JUDICIAL MEMBER आयकर अपील सं./ITA No.32/RJT/2018 "नधा"रण वष"/Asstt. Year: 2009-2010 Income Tax Officer, Shri Chamunda Credit Cooperative TDS-2, Vs. Society Limited, Rajkot. Famous Shopping Centre, 150 Feet Ring Road, Near Parijat Party Plot, Chandra Park Main Road, Rajkot-360005. PAN: AABAS9343J (Applicant) (Respondent) : Assessee by Shri J.R. Mankodi, A.R : Revenue by Ms Namita Khurana, Sr.DR सुनवाई क" तार"ख/Da…

Amul Research & Development Association, Anand vs. The Income Tax Officer, Ward-3, Anand

ITA 3295/AHD/2016[2011-12]Status: DisposedITAT Ahmedabad11 Jun 2019AY 2011-12
Section 12ASection 143(3)Section 2(47)Section 48Section 50C

…ITA No. 3295/Ahd/2016 Amul Research & Development Association Vs. ITO Assessment year: 2011-12 Page 1 of 10 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “B” BENCH, AHMEDABAD [Coram: Pramod Kumar, VP and Ms. Madhumita Roy, JM] Assessment Year: 2011-12 Amul Research & Development Association ............…………......Appellant C/o. Amul Dairy Premises, Anand – 388 001 [PAN : AAATA 2673 H] Vs. The Income Tax Officer ...........................Respondent Ward-3, Anand Appearances by: Sanjay R Shah, for the Appellant Mudit Nagpal, for the Respondent Date of concluding the hearing : 14.03.2019 Date of pronouncing…

Shri Bhaveshbhai O. Lakhani, Bhavnagar vs. The Income Tax Officer, Ward-1(3), Bhavnagar

In the result, the appeal is allowed for statistical purposes in the terms indicated above

ITA 1196/AHD/2017[2012-13]Status: DisposedITAT Ahmedabad10 Jun 2019AY 2012-13

Bench: Us. Bhaveshbhai O Lakhani Vs. Ito Assessment Year: 2012-13 Page 2 Of 9

Section 143(3)Section 48Section 50CSection 50C(1)

…ITA No. 1196/Ahd/2017 Bhaveshbhai O Lakhani Vs. ITO Assessment year: 2012-13 Page 1 of 9 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD “A” BENCH, AHMEDABAD [Coram: Pramod Kumar (Vice President), and Madhumita Roy (Judicial Member)] ITA No.: 1196/Ahd/2017 Assessment year: 2012-13 Bhaveshbhai O Lakhani ……..………………..Appellant Sumati Apartment, Shastri Nagar, Bhavnagar [PAN: ABJPL 8109 P] Vs Income Tax Officer ……………..…........Respondent Ward 1(3), Bhavnagar Appearances by Tushar P Hemani for the appellant SK Dev for the respondent Date of concluding the hearing : 25.04.2019 Date of pronouncement : 10.06.2019…

Kishor Hira Bhandari, Mumbai vs. Income Tax Officer 30(2)(1), Mumbai

The appeal of the assessee is allowed for statistical purposes in terms of our aforesaid observations

ITA 370/MUM/2018[2014-15]Status: DisposedITAT Mumbai06 Jun 2019AY 2014-15

Bench: Shri Ramit Kochar & Shri Ravish Soodshri Kishore Hira Bhandari I.T.O 30(2)(1) Kishore Bhandari Chawl, Mumbai Behind Mamta Medical Store, Vs. Marve Road, Malad (West), Mumbai – 400064

For Appellant: Shri Anil Thakrar, A.RFor Respondent: Shri Manoj Kumar Singh, D.R
Section 143(2)Section 143(3)Section 50CSection 54

…from Hon‟ble Delhi High Court‟s judgment in the case of CIT Vs Ansal Landmark Township Pvt Ltd [(2015) 377 ITR 635 (Del)], wherein approving the reasoning adopted an order authored by me during my tenure at Agra bench [i..e Rajeev Kumar Agarwal Vs ACIT (2014) 149 ITD 363 (Agra)] which centred on the principle that when legislature is reasonable and compassionate enough to undo the undue hardship caused by the statute "such an amendment in law, in view of the well settled legal position to the effect that a curative amendment to avoid unintended consequences is to be treated as retrospective in nature even though…

ITO, Ward - 6(2), Kolkata vs. M/S. India Infranirman Ltd., Kolkata

Appeal is allowed

ITA 2049/KOL/2017[2014-15]Status: DisposedITAT Kolkata26 Apr 2019AY 2014-15

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2014-15

Section 143(3)Section 50Section 50CSection 50C(1)

…, was introduced. In support of this proposition, I find support from Hon'ble Delhi High Court's judgment in the case of CIT v. Ansal Landmark Township (P.) Ltd. [2015] 377 ITR 635/234 Taxman 825/61 taxmann.com 45, and Rajeev Kumar Agarwal v. Add!. CIT [2014] 149 ITD 363/45 taxmanl1.com 555 (Agra - Trib. which centred on the principle that when legislature is reasonable and compassionate enough to undo the undue hardship caused by t11e statute "such an amendment in law, in view of the well settled legal position to the effect that a curative amendment to avoid unintended consequences is to be treated as retrospec…

Manjeet Kumar HUF Prop. Rawalpindi Jewellers, Karnal vs. ACIT, Haryana

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

ITA 2885/DEL/2016[2011-12]Status: DisposedITAT Delhi12 Apr 2019AY 2011-12

Bench: Smt. Beena A. Pillai & Shri Anadee Nath Misshra

For Appellant: Shri Manoj Mittal, AdvFor Respondent: Shri P.V. Gupta, Sr. DR
Section 139Section 143Section 194ASection 201Section 250(6)Section 40

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: ‘C’: NEW DELHI) BEFORE SMT. BEENA A. PILLAI, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA No: 2885/Del/2016 (Assessment Year: 2011-12) Manjeet Kumar HUF Prop. ACIT Rawalpindi Jewellers Vs Circle- Karnal C/o. Manoj Mittal, Advocate, 1126, Sector- 9 Karnal PAN No: AAAHM6578H APPELLANT RESPONDENT Assessee by : Shri Manoj Mittal, Adv., Shri Manjeet Kumar, HUF Revenue by : Shri P.V. Gupta, Sr. DR ORDER Per Anadee Nath Misshra, AM (A) This appeal by Assessee is filed against the order of the Learned Commissioner of Income Tax (Appeals)-2,…

Mr.Santhosh Gokul Reddy, Bangalore vs. The Income Tax Officer Ward-4(3)(4), Bangalore

In the result, the assessee’s appeal for assessment year 2015-16 is dismissed

ITA 2735/BANG/2018[2015-16]Status: DisposedITAT Bangalore15 Feb 2019AY 2015-16
Section 50C

…from Hon'ble Delhi High Court's judgment in the case of CIT Vs Ansal Landmark Township Pvt Ltd [(2015) 377 ITR 635 (Del)], wherein approving the reasoning adopted an order authored by me during my tenure at Agra bench [i..e Rajeev Kumar Agarwal Vs ACIT (2014) 149 ITD 363 (Agra)] which centred on the principle that when legislature is reasonable and compassionate enough to undo the undue hardship caused by the statute "such an amendment in law, in view of the well settled legal position to the effect that a curative amendment to avoid unintended consequences is to be treated as retrospective in nature even though…

Mrs Shanthamma Margamappa, Bangalore vs. The Income Tax Officer Ward-4(3)(4), Bangalore

In the result, the assessee’s appeal for assessment year 2015-16 is dismissed

ITA 2734/BANG/2018[2015-16]Status: DisposedITAT Bangalore15 Feb 2019AY 2015-16

Bench: Shri Jason P Boazassessment Year : 2015-16 Smt. Shanthamma Margamappa, Vs. The Income Tax Officer, No.203, Agara Village, Ward - 4(3)(4), H S R Layout Post, Bangalore. Bangalore – 560 102. Pan : Atmpm 5572 G Appellant Respondent Assessee By : Shri. V. Srinivasan, Advocate Revenue By : Smt. Lakshmi K, Jcit Date Of Hearing : 10.01.2019 Date Of Pronouncement : 15.02.2019

For Appellant: Shri. V. Srinivasan, AdvocateFor Respondent: Smt. Lakshmi K, JCIT
Section 143(3)Section 234BSection 50C

…from Hon'ble Delhi High Court's judgment in the case of CIT Vs Ansal Landmark Township Pvt Ltd [(2015) 377 ITR 635 (Del)], wherein approving the reasoning adopted an order authored by me during my tenure at Agra bench [i..e Rajeev Kumar Agarwal Vs ACIT (2014) 149 ITD 363 (Agra)] which centred on the principle that when legislature is reasonable and compassionate enough to undo the undue hardship caused by the statute "such an amendment in law, in view of the well settled legal position to the effect that a curative amendment to avoid unintended consequences is to be treated as retrospective in nature even though…

Dy. Commissioner of Income Tax, Range-2, Lucknow vs. Ms. Zubeida Shahanshah, Lucknow

In the result, the appeal of the Revenue is partly allowed

ITA 519/LKW/2017[2014-15]Status: DisposedITAT Lucknow31 Jan 2019AY 2014-15

Bench: Shri A. D. Jain & Shri T. S. Kapoorassessment Year:2014-15

Section 50CSection 50C(1)

…from Hon’ble Delhi High Court’s judgment in the case of CIT Vs Ansal Landmark Township Pvt Ltd [(2015) 377 ITR 635 (Del)], wherein approving the reasoning adopted an order authored by me during my tenure at Agra bench [i..e Rajeev Kumar Agarwal Vs ACIT (2014) 149 ITD 363 (Agra)] which centred on the principle that when legislature is reasonable and compassionate enough to undo the undue hardship caused by the statute “such an amendment in law, in view of the well settled legal position to the effect that a curative amendment to avoid unintended consequences is to be treated as retrospective in nature even though…

DCIT Cen Cir 7(3), Mumbai vs. Simtools P.Ltd, Mumbai

In the result the grounds

ITA 4825/MUM/2017[2009-10]Status: DisposedITAT Mumbai30 Jan 2019AY 2009-10

Bench: Shri Pawan Singh & Shri Manoj Kumar Aggarwaldcit, Cc-7(3) M/S Simtools Pvt. Ltd. Room No. 655, 6Th Floor, 216, Shah & Nahar Industrial Aayakar Bhavan, M.K. Road, Road, Off. Dr. E. Moses Road, Mumbai-400018. Worli, Mumbai-400018. Vs. Pan: Aaecs1757M Appellant Respondent Appellant By : Shri Chaudhary Arun Kumar Singh (Dr) Respondent By : Shri Madhur Agarwal (Ar) Date Of Hearing : 30.01.2019 Date Of Pronouncement : 30.01.2019 Order Under Section 254(1)Of Income Tax Act

For Appellant: Shri Chaudhary Arun KumarFor Respondent: Shri Madhur Agarwal (AR)
Section 153ASection 154Section 201Section 253Section 254(1)Section 40Section 40a

…IN THE INCOME-TAX APPELLATE TRIBUNAL “G” BENCH MUMBAI BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER DCIT, CC-7(3) M/s Simtools Pvt. Ltd. Room No. 655, 6th Floor, 216, Shah and Nahar Industrial Aayakar Bhavan, M.K. Road, Road, Off. Dr. E. Moses Road, Mumbai-400018. Worli, Mumbai-400018. Vs. PAN: AAECS1757M Appellant Respondent Appellant by : Shri Chaudhary Arun Kumar Singh (DR) Respondent by : Shri Madhur Agarwal (AR) Date of Hearing : 30.01.2019 Date of Pronouncement : 30.01.2019 ORDER UNDER SECTION 254(1)OF INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER; 1.…

Ramesh Anand, Indore vs. Income Tax Officer-4(1), Indore

In the result, the appeal of the assessee is allowed

ITA 64/IND/2018[2012-13]Status: DisposedITAT Indore27 Nov 2018AY 2012-13

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 Ramesh Anand Ito, 4(1), C/O G.J. Shah & Co., 416, बनाम/ Manas Bhawan Main, 11, Indore Vs. Rnt Marg, Indore (Appellant) (Revenue) Pan: Aeapa1661F Appellant By Shri Pankaj Shah, Ca Respondent By Shri K.C. Selvamni Sr. Dr Date Of Hearing: 20.11.2018 Date Of Pronouncement: 27.11.2018 आदेश / O R D E R Per Manish Borad, A.M: This Appeal Of Assessee Pertaining To A.Y. 2012-13 Is Directed Against The Order Of Ld. Commissioner Of Income Tax(Appeals)-Ii, Indore, (In Short ‘Cit(A)’), Dated 16.11.2017 Which Is Arising Out Of The Order U/S 143(3) Of The Income Tax Act 1961(Hereinafter Called As The ‘Act’) Framed On Ramesh Anand

Section 139Section 143(2)Section 143(3)Section 40

…आयकर अपील"य अ"धकरण, इ"दौर "यायपीठ, इ"दौर IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER Assessment Year: 2012-13 Ramesh Anand ITO, 4(1), C/o G.J. Shah & Co., 416, बनाम/ Manas Bhawan Main, 11, Indore Vs. RNT Marg, Indore (Appellant) (Revenue) PAN: AEAPA1661F Appellant by Shri Pankaj Shah, CA Respondent by Shri K.C. Selvamni Sr. DR Date of Hearing: 20.11.2018 Date of Pronouncement: 27.11.2018 आदेश / O R D E R PER MANISH BORAD, A.M: This appeal of Assessee pertaining to A.Y. 2012-13 is directed against the order of Ld. Co…

Anjali Pushkar Hingane, Nashik vs. Income-Tax Officer, Ward - 1(3), Nashik

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

ITA 2837/PUN/2017[2012-13]Status: DisposedITAT Pune20 Nov 2018AY 2012-13

Bench: Shri D. Karunakara Rao, Am आयकरअपीलसं. / Ita No.2837/Pun/2017 "नधा"रणवष"/ Assessment Year : 2012-13 Anjali Pushkar Hingane, Prop. M/S Areen Petroleum Services, Saikheda Phata, At Post Chandori, Taluka- Niphad, Dist. Nashik. अपीलाथ"/Appellant Pan : Abiph8603F …. Vs. Ito, Ward- 1(3), …. ""यथ"/ Respondent Nashik.

For Appellant: Shri Sanket JoshiFor Respondent: Shri Rajesh Gawli
Section 194A

…ract of the findings of Raipur Bench of the Tribunal are reproduced here-in-below : “4. We find that Hon’ble Delhi High Court has specifically approved the stand taken by a coordinate bench of this Tribunal, in the case of Rajeev Kumar Agarwal Vs ACIT [(2014) 149 ITD 363 (Agra)], and upheld the action of the Tribunal in following the same. 9. ………………………. Now that the legislature has been compassionate enough to cure these shortcomings of provision, and thus obviate the unintended hardships, such an amendment in law, in view of the well settled legal position to the effect that a curative amendment to avoid uninten…

Rbl Bank Ltd., Kolhapur vs. Assistant Commissioner of Income-Tax

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

ITA 650/PUN/2016[2012-13]Status: DisposedITAT Pune14 Aug 2018AY 2012-13

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं आयकर अपील सं. / Ita No.650/Pun/2016 आयकर अपील सं आयकर अपील सं िनधा"रण वष" / Assessment Year : 2012-13 िनधा"रण वष" िनधा"रण वष" िनधा"रण वष"

For Appellant: Shri Nikhil PathakFor Respondent: Shri Pankaj Garg
Section 194Section 194ASection 194A(3)(iii)Section 40

…ract of the findings of Raipur Bench of the Tribunal are reproduced here-in-below : “4. We find that Hon’ble Delhi High Court has specifically approved the stand taken by a coordinate bench of this Tribunal, in the case of Rajeev Kumar Agarwal Vs ACIT [(2014) 149 ITD 363 (Agra)], and upheld the action of the Tribunal in following the same. 9. ………………………. Now that the legislature has been compassionate enough to cure these shortcomings of provision, and thus obviate the unintended hardships, such an amendment in law, in view of the well settled legal position to the effect that a curative amendment to avoid uninten…

Dhara Singh, Ghaziabad vs. ITO, Ward-1(2), Ghaziabad

In the result, the Appeal filed by the Assessee stands allowed

ITA 2213/DEL/2018[2012-13]Status: DisposedITAT Delhi20 Jul 2018AY 2012-13

Bench: Shri H.S. Sidhu & Shri T.S. Kapooray: 2012-13 Dhara Singh Ito, Ward 1(2), C/O Rupinder Kumar Vs. Ghaziabad Aggarwal, Uttar Pradesh Advocate, Ab-1A/22, Sector-51, Noida -201301 (Pan: Czjps0155A) (Assessee) (Respondent)

For Appellant: Sh. Gautam Jain, Adv., ShFor Respondent: Sh. V.K. Jiwani, Sr. DR
Section 144Section 147Section 148Section 234BSection 234CSection 48Section 50CSection 54F

…from Hon'ble Delhi High Court's judgment in the case of CIT v. Ansal Landmark Township Pvt Ltd. [(2015) 377 ITR 635 (Del)], wherein approving the reasoning adopted an order authored by me during my tenure at Agra bench [i.e Rajeev Kumar Agarwal v. ACIT (2014) 149 ITD 363 (Agra)] which centred on the principle that when legislature is reasonable and compassionate enough to undo the undue hardship caused by the statute "such an amendment in law, in view of the well settled legal position to the effect that a curative amendment to avoid unintended consequences is to be treated as retrospective in nature even though…

Shri Deepak Suresh Gadge, Nagpur vs. Joint. CIT, Cir.- I, Nagpur

In the result, appeal filed by the assessee for assessment year 2010-2011

ITA 104/NAG/2015[2010-11]Status: DisposedITAT Nagpur16 Jul 2018AY 2010-11

Bench: Shri Shamim Yahya (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2010-11 Shri Deepak Suresh Gadge, The Joint Commissioner Of Pranav Apartments, Iind Lane, Income Tax- Circle-I, Behind The Hitvada, Dhantoli, Dr. Babasaheb Ambedkar Nagpur Vs. Bhavan, Fifth Floor, Mecl Building, Seminary Hills, Pan : Abzpg6643H Nagpur- 440006

For Appellant: Shri K.P. Dewani (Advocate)For Respondent: Shri Gitesh Kumar (DR)
Section 139Section 143Section 40

…of these companies are akin to the business of banking in so far as loans granted by these companies to the assessee are concerned. 6. Further. relying on the decision of ITAT, Agra Bench, in the case of Rajeev Kumar Agarwal Vs Addl CIT for AY 2006-07 ( 2014 149 ITD 363 Agra and the judgment of the Hon’ble Delhi High Court rendered in the Commissioner of Income Tax Vs. Ansel Landmark Township Pvt. Ltd. 377 ITR 635 (Del) the Ld. counsel submitted that the second proviso to section 40(a)(ia), introduced by the Finance Act 2013 w.e.f. 01.04.2013, read with s. 201, provides that despite failure to deduct TDS, disall…

The Ratnakar Bank Ltd., Kolhapur vs. Deputy Commissioner of Income-Tax

In the result, the appeal of assessee for assessment year 2010-11 is partly allowed in the terms aforesaid

ITA 502/PUN/2015[2011-12]Status: DisposedITAT Pune31 May 2018AY 2011-12

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Nikhil PathakFor Respondent: Shri Aseem Sharma
Section 194ASection 40

…ract of the findings of Raipur Bench of the Tribunal are reproduced here-in-below : “4. We find that Hon’ble Delhi High Court has specifically approved the stand taken by a coordinate bench of this Tribunal, in the case of Rajeev Kumar Agarwal Vs ACIT [(2014) 149 ITD 363 (Agra)], and upheld the action of the Tribunal in following the same. 9. ………………………. Now that the legislature has been compassionate enough to cure these shortcomings of provision, and thus obviate the unintended hardships, such an amendment in law, in view of the well settled legal position to the effect that a curative amendment to avoid uninten…

The Ratnakar Bank Ltd., Kolhapur vs. Deputy Commissioner of Income-Tax

In the result, the appeal of assessee for assessment year 2010-11 is partly allowed in the terms aforesaid

ITA 501/PUN/2015[2010-11]Status: DisposedITAT Pune31 May 2018AY 2010-11

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Nikhil PathakFor Respondent: Shri Aseem Sharma
Section 194ASection 40

…ract of the findings of Raipur Bench of the Tribunal are reproduced here-in-below : “4. We find that Hon’ble Delhi High Court has specifically approved the stand taken by a coordinate bench of this Tribunal, in the case of Rajeev Kumar Agarwal Vs ACIT [(2014) 149 ITD 363 (Agra)], and upheld the action of the Tribunal in following the same. 9. ………………………. Now that the legislature has been compassionate enough to cure these shortcomings of provision, and thus obviate the unintended hardships, such an amendment in law, in view of the well settled legal position to the effect that a curative amendment to avoid uninten…