Ramachandra Mardaraj Deo v. Collector of Commercial Taxes

Phonix Lamps Ltd vs. Addl CIT Range

The appeal of the assessee stands allowed

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishiassessment Year : 2003-04 M/S Pheonix Lamps Ltd., Vs Addl. Cit, 59A, Nsez, Phase-Ii, Range Noida. Noida. (Appellant) (Respondent) Appellant By :S/Shri Shashwat Bajpai, Sharat Agrawal, Adv. Respondent By : Shri Atiq Ahmad, Sr. Dr Date Of Hearing: 03.08.2017 Date Of Pronouncement: 31.10.2017 O R D E R

…haps be wise to fall back on I.T.A. 2845/Del/2007 Assessment year 2003-04 the observations of Justice Narasimham J. (as then he was) speaking for a Division Bench of the Orissa High Court in Ramachandra Mardaraj Deo versus Collector of Commercial Taxes (1957) 31 ITR 651 (Orissa) where he described the difference between “exemption” and “deduction” as “a fine distinction” and observed as under (page 658): (Para 22) “Whether a particular sum is claimed as an exemption or as a deduction, the net result is its immunity from taxation if the claim is allowed.” Thus, incomes which are enumerated in Chapter III of the Ac…

CIT vs. Tei Technologies Pvt Ltd

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

…uction. In the ultimate analysis it may perhaps be wise to fall back on the observations of Justice Narasimham, J. (as he then was) speaking for a Division Bench of the Orissa High Court in Ramachandra Mardaraj Deo v. Collector of Commercial Taxes, (1957) 31 ITR 651 where he described the difference between “exemption” and “deduction” as “a fine distinction” and observed as under: - “Whether a particular sum is claimed as an exemption or as a deduction, the net result is its immunity from taxation if the claim is allowed…….” 23. This Court considered a somewhat similar question, though not identical,…

CIT vs. Tei Technologies Pvt Ltd

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

…uction. In the ultimate analysis it may perhaps be wise to fall back on the observations of Justice Narasimham, J. (as he then was) speaking for a Division Bench of the Orissa High Court in Ramachandra Mardaraj Deo v. Collector of Commercial Taxes, (1957) 31 ITR 651 where he described the difference between “exemption” and “deduction” as “a fine distinction” and observed as under: - “Whether a particular sum is claimed as an exemption or as a deduction, the net result is its immunity from taxation if the claim is allowed…….” 23. This Court considered a somewhat similar question, though not identical,…