Sanjib Kumar Agarwal v. CIT

310 ITR 295High Court2009#24418 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 362,824 Indian tax judgments — from 2015 to 2017.

Judgments citing Sanjib Kumar Agarwal v. CIT

JCIT, Coimbatore vs. Chroma Print India Pvt . Ltd., Coimbatore

In the result, the appeal filed by the Revenue is allowed

ITA 2083/CHNY/2016[2012-13]Status: DisposedITAT Chennai13 Oct 2017AY 2012-13

Bench: Shri Sanjay Arora & Shri Duvvuru Rl Reddyआयकर अपील सं./I T.A. No.2083/Mds/2016 "नधा"रण वष"/Assessment Year:2012-13 The Joint Commissioner Of M/S. Chroma Print India Pvt. Ltd., Income Tax, Tds Range, Vs. P.B. No. 5316, 53, Ganesh Nagar, Coimbatore. G.N. Mills Post, Mtp Road, Coimbatore. [Pan:Aaccc6021A] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant By : Ms. Veni Raj, Jcit ""यथ" क" ओर से/Respondent By : Shri T.N. Seetharaman, Advocate सुनवाई क" तार"ख/ Date Of Hearing : 03.08.2017 घोषणा क" तार"ख /Date Of Pronouncement : 13.10.2017 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 2, Coimbatore Dated 30.03.2016 Relevant To The Assessment Year 2012-13. The Revenue Has Raised The Following Grounds In Its Appeal: “1. The Order Of Learned Cit(A) Is Opposed To The Facts & Circumstances Of The Case. 2. The Ld Cit(A) Has Erred In Holding That No Penalty Is Leviable On The Non Deduction Of Tds On Payment Of Labour Charges Worth

For Appellant: Ms. Veni Raj, JCITFor Respondent: Shri T.N. Seetharaman, Advocate

Section 201(1)Section 271CSection 273

…een approved in the board meeting only in the following year which is relevant to assessment year 1997-98, the same is taxable in that assessment year and not in the earlier assessment year. Similar was the situation in the case of Sanjib Kumar Agarwal v. CIT 310 ITR 295 (Cal). In both the cases, the TDS provisions of section 194H of the Act applies and the above case law have no application to the facts of the present case. In the present case, the commission payment, though it is in different name, being salary and covered under the TDS provisions of section 192 of the Act, the TDS should have been paid before…

Hero Motocorp Limited, New Delhi vs. JCIT, New Delhi

In the result appeal of the assessee in ITA No

ITA 1545/DEL/2015[2010-11]Status: DisposedITAT Delhi24 Oct 2016AY 2010-11

Bench: Sh. I. C. Sudhir & Shri Prashant Maharishihero Motocorp Limited, Jcit, 34, Basant Lok, Vasant Range-1, New Delhi Vs. Vihar, New Delhi Pan: Aaach0812J (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Vs. New Delhi Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. NC Sawain, CIT DR

Section 143Section 143(3)Section 144CSection 92C

…s. CIT, Madras: 51 ITR 393 (Mad.) iii. CIT vs. South Madras Industrial Development Co. (P) Ltd. : 120 ITR 913 (Mad.) iv. CIT vs. Seshasayee Bros. (P.) Ltd.: 239 ITR 471 (Mad.) v. CIT v. R. Lakshmi Narayanan: 202 CTR 125 (Mad.) vi. Sanjib Kumar Agarwal v. CIT: 310 ITR 295 (Cal.) vii. ACIT v. GETIT Infomediary Ltd.: 42 taxmann.com 391 (Del.) viii. DCIT v. SP Real Estate Developers P. Ltd: 47 taxmann.com 281 (Hyd.) 27) He further submitted that Information regarding timely delivery of vehicles dispatched from premises of appellant came to knowledge of appellant only after the end of the relevant previous year, on su…

A.C.I.T Cir - 36, Kolkata. vs. Sri Sandip Somany., Kolkata

In the result, the appeal of the revenue is dismissed

ITA 95/KOL/2013[2004-05]Status: DisposedITAT Kolkata27 Oct 2015AY 2004-05

Bench: : Shri M. Balaganesh

For Appellant: None appearedFor Respondent: Shri Debasish Banerjee, JCIT, ld.Sr.DR

Section 143(3)Section 15Section 17(1)(iv)

…Learned CITA by relying upon the decision rendered by this tribunal in the hands of the Managing Director of the aforesaid company Shri.Rajendra Kr. Somani and the decision of Hon’ble Calcutta High Court in the case of Sanjib Kumar Agarwal vs CIT reported in 310 ITR 295 (Cal) wherein it was held that the commission payable to the directors determined based on net profits of the company which gets approved in the subsequent assessment year would be taxable in the year in which the profits of the company were finalized and not in the year to which the profits of the company belonged. Aggrieved, the revenue is in a…