Second ITO v. Stumpp, Schuele & Somappa Pvt. Ltd.

187 ITR 108Supreme Court of India1991#13643 most cited
7

judgments rely on this decision, according to BharatTax’s citation analysis of 346,713 Indian tax judgments — from 2012 to 2022.

Issues it is cited on

section 80absection 80jrevision u/s 263domestic companysection 80cforeign tax creditsection 10(34)deemed dividendsection 80arule of consistencysection 34section 90

Judgments citing Second ITO v. Stumpp, Schuele & Somappa Pvt. Ltd.

M/S Arkema Peroxides India Ltd., Chennai vs. The Asstt. Comissioner of Income Tax, Corporate Circle1(1), Chennai

In the result, appeal filed by the assessee is dismissed

ITA 897/CHNY/2020[2016-13]Status: DisposedITAT Chennai13 Jul 2022AY 2016-13

Bench: Shri V. Durga Rao & Shri G. Manjunatha

For Appellant: Mr. R.Vijayaraghavan, Advocate
Section 32(1)(ii)

…xman 146 (Born.) has laid down principle with respect to applying judicial precedents while considering a legal position. The same has also been affirmed by the Apex Court in the case of Second Income-tax Officer v. Stumpp Schuele and Somappa (P.) Ltd. [1991] 187 ITR 108 (SC). The chronology of said principle is summarized below- 10 a) Decision of the Supreme Court b) Decision of the High Court of the State within whose jurisdiction he is functioning, irrespective of the pendency of any appeal or special leave application against the judgment c) The revenue authorities would equally be bound by a decision of ano…

ACIT, New Delhi vs. M/S Krishak Bharati Cooperative Ltd., New Delhi

In the result, the appeal of the assessee in ITA No

ITA 2973/DEL/2017[2011-12]Status: DisposedITAT Delhi29 Dec 2021AY 2011-12

Bench: Shri Anil Chaturvedi & Shri Kul Bharat

Section 143(3)Section 14ASection 263

…, wherein the Hon'ble Delhi High Court has held as under: "28. At this stage, we may refer to the decision of Delhi High Court in CIT vs. Dalmia Cement (Bharat) Ltd., (1980) 126 ITR 736, approved in Second ITO versus Stumpp, Schuele & Somappa Pvt. Ltd. (1991) 187 ITR 108 (SC). In this case, the High Court was examining Rule 4 of Second Schedule to the Companies (Profits) Surtax Act, 1964 and whether deductions under Chapter VIA were part of income not included in the total income computed under the Act. The said Rule 4 was as under:- "Where a part of the income, profits and gains of a company is not includible in…

ACIT, New Delhi vs. M/S Krishak Bharati Cooperative Ltd., New Delhi

In the result, the appeal of the assessee in ITA No

ITA 2972/DEL/2017[2010-11]Status: DisposedITAT Delhi29 Dec 2021AY 2010-11

Bench: Shri Anil Chaturvedi & Shri Kul Bharat

Section 143(3)Section 14ASection 263

…, wherein the Hon'ble Delhi High Court has held as under: "28. At this stage, we may refer to the decision of Delhi High Court in CIT vs. Dalmia Cement (Bharat) Ltd., (1980) 126 ITR 736, approved in Second ITO versus Stumpp, Schuele & Somappa Pvt. Ltd. (1991) 187 ITR 108 (SC). In this case, the High Court was examining Rule 4 of Second Schedule to the Companies (Profits) Surtax Act, 1964 and whether deductions under Chapter VIA were part of income not included in the total income computed under the Act. The said Rule 4 was as under:- "Where a part of the income, profits and gains of a company is not includible in…

M/S. Krishak Bharti Cooperative Ltd., New Delhi vs. ACIT, New Delhi

In the result, the appeal of the assessee in ITA No

ITA 2342/DEL/2017[2011-12]Status: DisposedITAT Delhi29 Dec 2021AY 2011-12

Bench: Shri Anil Chaturvedi & Shri Kul Bharat

Section 143(3)Section 14ASection 263

…, wherein the Hon'ble Delhi High Court has held as under: "28. At this stage, we may refer to the decision of Delhi High Court in CIT vs. Dalmia Cement (Bharat) Ltd., (1980) 126 ITR 736, approved in Second ITO versus Stumpp, Schuele & Somappa Pvt. Ltd. (1991) 187 ITR 108 (SC). In this case, the High Court was examining Rule 4 of Second Schedule to the Companies (Profits) Surtax Act, 1964 and whether deductions under Chapter VIA were part of income not included in the total income computed under the Act. The said Rule 4 was as under:- "Where a part of the income, profits and gains of a company is not includible in…

M/S. Krishak Bharti Cooperative Ltd., New Delhi vs. ACIT, New Delhi

In the result, the appeal of the assessee in ITA No

ITA 2341/DEL/2017[2010-11]Status: DisposedITAT Delhi29 Dec 2021AY 2010-11

Bench: Shri Anil Chaturvedi & Shri Kul Bharat

Section 143(3)Section 14ASection 263

…, wherein the Hon'ble Delhi High Court has held as under: "28. At this stage, we may refer to the decision of Delhi High Court in CIT vs. Dalmia Cement (Bharat) Ltd., (1980) 126 ITR 736, approved in Second ITO versus Stumpp, Schuele & Somappa Pvt. Ltd. (1991) 187 ITR 108 (SC). In this case, the High Court was examining Rule 4 of Second Schedule to the Companies (Profits) Surtax Act, 1964 and whether deductions under Chapter VIA were part of income not included in the total income computed under the Act. The said Rule 4 was as under:- "Where a part of the income, profits and gains of a company is not includible in…

CIT vs. Kribhco

ITA - 444 / 2011HC Delhi18 Jul 2012
Section 14ASection 2(45)Section 5Section 80ASection 80A(1)Section 80B(5)Section 80P(2)(d)

…allowed to the extent stipulated in Sections 80C to 80U of the Act. The distinction between the two, has been accepted and recognized by the Supreme Court in Second Income Tax Officer and Another versus Stumpp Schuele and Somappa Private Limited, (1991) 187 ITR 108 (SC). It was held approving several decisions that the deductions under Chapter VIA cannot be equated with incomes not included in the total income or which are not chargeable to tax. Chapter VIA in several provisions makes reference to net income as computed in accordance with the provisions of the Act and not with reference to gross amou…

Commissioner of Income Tax

ITA/444/2011HC Delhi18 Jul 2012
Section 14ASection 2(45)Section 5Section 80ASection 80A(1)Section 80B(5)Section 80P(2)(d)

…allowed to the extent stipulated in Sections 80C to 80U of the Act. The distinction between the two, has been accepted and recognized by the Supreme Court in Second Income Tax Officer and Another versus Stumpp Schuele and Somappa Private Limited, (1991) 187 ITR 108 (SC). It was held approving several decisions that the deductions under Chapter VIA cannot be equated with incomes not included in the total income or which are not chargeable to tax. Chapter VIA in several provisions makes reference to net income as computed in accordance with the provisions of the Act and not with reference to gross amou…

Second ITO v. Stumpp, Schuele & Somappa Pvt. Ltd. (187 ITR 108) — Cited in 7 Judgments | BharatTax