Sanjeevi & Co. v. CIT

62 ITR 156High Court1966#18637 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Sections most often in play

Section 142(1)Section 143(2)Section 143(3)Section 144Section 14ASection 263Section 37(1)Section 40(b)

Issues it is cited on

section 10(2)(xv)section 10(2)section 40(b)inadequate enquirymiscellaneous applicationcommercial expediencybook profitsdisallowance u/s 14aerroneous and prejudicialsection 37(1)income-tax officersection 37

Judgments citing Sanjeevi & Co. v. CIT

INDIAN COAL AGENCY,KOLKATA vs. DCIT, CIRCLE-35, KOLKATA, KOLKATA

In the result, the appeal for AY 2013-14 is partly allowed

ITA 868/KOL/2018[2015-16]Status: DisposedITAT Kolkata20 May 2025AY 2015-16

Bench: Sonjoy Sarma & Sri Rakesh Mishra

Section 143(3)Section 14A

…terest of the Revenue. The brokerage and commission have been paid to genuine parties. The rate of brokerage etc is based on commercial expediency and cannot be disallowed if the same is made to genuine parties. It has been held in Sanjeevi & Co. v CIT (1966) 62 ITR 156 (Mad) that the jurisdiction of the revenue authorities under these provisions in confined to deciding the reality of the expenditure, namely, whether the amount claimed for deduction was factually expended or not, and whether it was wholly and exclusively for the purpose of the business. Once that conclusion is reached in favour of the assessee, d…

INDIAN COAL AGENCY,KOLKATA vs. PRINCIPAL CIT, CIRCLE - 12, KOLKATA , KOLKATA

In the result, the appeal for AY 2013-14 is partly allowed

ITA 867/KOL/2018[2013-14]Status: DisposedITAT Kolkata20 May 2025AY 2013-14

Bench: Sonjoy Sarma & Sri Rakesh Mishra

Section 143(3)Section 14A

…terest of the Revenue. The brokerage and commission have been paid to genuine parties. The rate of brokerage etc is based on commercial expediency and cannot be disallowed if the same is made to genuine parties. It has been held in Sanjeevi & Co. v CIT (1966) 62 ITR 156 (Mad) that the jurisdiction of the revenue authorities under these provisions in confined to deciding the reality of the expenditure, namely, whether the amount claimed for deduction was factually expended or not, and whether it was wholly and exclusively for the purpose of the business. Once that conclusion is reached in favour of the assessee, d…

DCIT, CIRCLE-35, KOLKATA, KOLKATA vs. M/S. INDIAN COAL AGENCY, KOLKATA

In the result, the appeal for AY 2013-14 is partly allowed

ITA 1258/KOL/2018[2015-16]Status: DisposedITAT Kolkata20 May 2025AY 2015-16

Bench: Sonjoy Sarma & Sri Rakesh Mishra

Section 143(3)Section 14A

…terest of the Revenue. The brokerage and commission have been paid to genuine parties. The rate of brokerage etc is based on commercial expediency and cannot be disallowed if the same is made to genuine parties. It has been held in Sanjeevi & Co. v CIT (1966) 62 ITR 156 (Mad) that the jurisdiction of the revenue authorities under these provisions in confined to deciding the reality of the expenditure, namely, whether the amount claimed for deduction was factually expended or not, and whether it was wholly and exclusively for the purpose of the business. Once that conclusion is reached in favour of the assessee, d…

ACIT CC - 13, NEW DELHI vs. A B HOTELS LIMITED, NEW DELHI

In the result, the appeal filed by the Revenue is allowed for statistical purposes only

ITA 864/DEL/2020[2016-17]Status: DisposedITAT Delhi24 Nov 2022AY 2016-17

Bench: Shri C.M. Garg & Shri Pradip Kumar Kediaassessment Year: 2016-17 Acit, Vs. A.B. Hotels Limited, Cc-13, Radisson Hotel, New Delhi. National Highway-08, Mahipalpur, New Delhi. Pan: Aaaca2729B (Appellant) (Respondent) Assessee By : Ms Kanika Jain, Advocate Revenue By : Shri Kanav Bali, Sr. Dr Date Of Hearing : 29.08.2022 Date Of Pronouncement : 24.11.2022 Order Per C.M. Garg, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 12.12.2019 Of The Cit(A)-37, New Delhi, Relating To Assessment Year 2016-17. 2. The Grounds Of Appeal Read As Under:- “1. That The Ld.Cit(A) Has Erred In Law & Facts In Deleting Disallowances Of Rs.7,67,21,258/- Which Pertains To House Property Income But Wrongly Claimed In The P&L By The Assessee. 2. That The Ld.Cit(A) Has Erred In Law & Facts In Ignoring The Fact That The Principle Of Res Judicata Is Not Applicable In The Income Tax Proceedings. 3. A) The Ld. Commissioner Of Income Tax (Appeals) Is Erroneous & Not Tenable In Law & On Facts. B) The Appellant Craves Leave To Add, Amend Any/All The Grounds Of Appeal Before Or During The Course Of Hearing Of The Appeal.”

For Appellant: Ms Kanika Jain, AdvocateFor Respondent: Shri Kanav Bali, Sr. DR
Section 143(3)Section 24

…tion can be held as bogus unless the same is proved on the basis of sound reasoning and evidence on the part of the AO before making the addition. Further placing reliance on the decision of the Hon’ble Madras High Court in the case of Sanjeevi & Co. vs. CIT, 62 ITR 156, the ld. AR submitted that reasonableness of expenditure for the purpose of determining whether in fact the loan was for the purpose of business. Placing reliance on another judgement of the Hon’ble Madras High Court in the case of CIT vs. Global Motor Service Pvt. Ltd., reported in 100 ITR 240, the ld. AR submitted that it is not for the Revenue…

DCIT, NEW DELHI vs. M/S. DYNAMIC UNIVERSAL LTD., NEW DELHI

In the result, the appeal of the Revenue is dismissed

ITA 3573/DEL/2012[2008-09]Status: DisposedITAT Delhi17 Nov 2016AY 2008-09

Bench: Smt Diva Singh & Sh.Prashant Maharishi

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘B’ NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER AND SH.PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.A .No.-3573/Del/2012 (ASSESSMENT YEAR-2008-09) DCIT, Vs Dynamic Universal Ltd., Circle-10(1), 2/10, Shanti Niketan, New Delhi. New Delhi. PAN-AAACD3043K (APPELLANT) (RESPONDENT) Assessee by Sh.Anil Kumar Sharma, Sr.DR Revenue by Sh.Ved Jain, CA & Sh. Ashish Chadha, CA Date of Hearing 20.09.2016 Date of Pronouncement 17.11.2016 ORDER PER DIVA SINGH, JUDICIAL MEMBER The present appeal has been filed by the Revenue assailing the correctness of the order dat…