Seth Shiv Prasad v. CIT

Hcl Technologies Italy S.P.A, Italy vs. ACIT Circle -2(1)(1) International Taxation, New Delhi

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

Bench: SHRI KUL BHARAT (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

…tself, the same would be falling under the exception provided in section 9(1)(vii)(b) of the Act. In this regard, we find that the reliance placed by the ld. AR on the decision of Hon‘ble Allahabad High Court in the case of Seth Shiv Prasad vs CIT reported in 84 ITR 15 (All) would be relevant wherein the expression ‗source of income‘ was defined and discussed as under:- ―Section 6, Indian Income-tax Act, 1922, enumerates the heads of income chargeable to income-tax. One of the heads is "income from other sources". Sub-section (1) of section 12 provides : "(1) The tax shall be payable by an assessee under the hea…

Hcl Technologies Belgium Bvba, New Delhi vs. ACIT Circle -2(1)(1) International Taxation, New Delhi

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

Bench: SHRI KUL BHARAT (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

…tself, the same would be falling under the exception provided in section 9(1)(vii)(b) of the Act. In this regard, we find that the reliance placed by the ld. AR on the decision of Hon‘ble Allahabad High Court in the case of Seth Shiv Prasad vs CIT reported in 84 ITR 15 (All) would be relevant wherein the expression ‗source of income‘ was defined and discussed as under:- ―Section 6, Indian Income-tax Act, 1922, enumerates the heads of income chargeable to income-tax. One of the heads is "income from other sources". Sub-section (1) of section 12 provides : "(1) The tax shall be payable by an assessee under the hea…

Hcl Mexico S. De R L, Mexico vs. ACIT Circle -2(1)(1) International Taxation, New Delhi

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

Bench: SHRI KUL BHARAT (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

…tself, the same would be falling under the exception provided in section 9(1)(vii)(b) of the Act. In this regard, we find that the reliance placed by the ld. AR on the decision of Hon‘ble Allahabad High Court in the case of Seth Shiv Prasad vs CIT reported in 84 ITR 15 (All) would be relevant wherein the expression ‗source of income‘ was defined and discussed as under:- ―Section 6, Indian Income-tax Act, 1922, enumerates the heads of income chargeable to income-tax. One of the heads is "income from other sources". Sub-section (1) of section 12 provides : "(1) The tax shall be payable by an assessee under the hea…

Hcl Hongkong Sar Limited, New Delhi vs. ACIT Circle -2(1)(1) International Taxation, New Delhi

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

Bench: SHRI KUL BHARAT (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

…tself, the same would be falling under the exception provided in section 9(1)(vii)(b) of the Act. In this regard, we find that the reliance placed by the ld. AR on the decision of Hon‘ble Allahabad High Court in the case of Seth Shiv Prasad vs CIT reported in 84 ITR 15 (All) would be relevant wherein the expression ‗source of income‘ was defined and discussed as under:- ―Section 6, Indian Income-tax Act, 1922, enumerates the heads of income chargeable to income-tax. One of the heads is "income from other sources". Sub-section (1) of section 12 provides : "(1) The tax shall be payable by an assessee under the hea…

Hcl Technologies (Proprietary) Limited, New Delhi vs. ACIT Circle -2(1)(1) International Taxation, New Delhi

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

Bench: SHRI KUL BHARAT (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

…tself, the same would be falling under the exception provided in section 9(1)(vii)(b) of the Act. In this regard, we find that the reliance placed by the ld. AR on the decision of Hon‘ble Allahabad High Court in the case of Seth Shiv Prasad vs CIT reported in 84 ITR 15 (All) would be relevant wherein the expression ‗source of income‘ was defined and discussed as under:- ―Section 6, Indian Income-tax Act, 1922, enumerates the heads of income chargeable to income-tax. One of the heads is "income from other sources". Sub-section (1) of section 12 provides : "(1) The tax shall be payable by an assessee under the hea…

Hcl Technologies Bv, Netherlands vs. ACIT Circle -2(1)(1) International Taxation, New Delhi

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

Bench: SHRI KUL BHARAT (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

…tself, the same would be falling under the exception provided in section 9(1)(vii)(b) of the Act. In this regard, we find that the reliance placed by the ld. AR on the decision of Hon‘ble Allahabad High Court in the case of Seth Shiv Prasad vs CIT reported in 84 ITR 15 (All) would be relevant wherein the expression ‗source of income‘ was defined and discussed as under:- ―Section 6, Indian Income-tax Act, 1922, enumerates the heads of income chargeable to income-tax. One of the heads is "income from other sources". Sub-section (1) of section 12 provides : "(1) The tax shall be payable by an assessee under the hea…

Hcl Australia Services Pty Ltd, Australia vs. ACIT Circle -2(1)(1) International Taxation, New Delhi

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

Bench: SHRI KUL BHARAT (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

…tself, the same would be falling under the exception provided in section 9(1)(vii)(b) of the Act. In this regard, we find that the reliance placed by the ld. AR on the decision of Hon‘ble Allahabad High Court in the case of Seth Shiv Prasad vs CIT reported in 84 ITR 15 (All) would be relevant wherein the expression ‗source of income‘ was defined and discussed as under:- ―Section 6, Indian Income-tax Act, 1922, enumerates the heads of income chargeable to income-tax. One of the heads is "income from other sources". Sub-section (1) of section 12 provides : "(1) The tax shall be payable by an assessee under the hea…

Hcl Technologies Maylasia Sdn Bhd, Malaysia vs. ACIT Circle -2(1)(1) International Taxation, New Delhi

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

Bench: SHRI KUL BHARAT (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

…tself, the same would be falling under the exception provided in section 9(1)(vii)(b) of the Act. In this regard, we find that the reliance placed by the ld. AR on the decision of Hon‘ble Allahabad High Court in the case of Seth Shiv Prasad vs CIT reported in 84 ITR 15 (All) would be relevant wherein the expression ‗source of income‘ was defined and discussed as under:- ―Section 6, Indian Income-tax Act, 1922, enumerates the heads of income chargeable to income-tax. One of the heads is "income from other sources". Sub-section (1) of section 12 provides : "(1) The tax shall be payable by an assessee under the hea…

Hcl (Brazil) Technologies Da Informacao Eireli, New Delhi vs. ACIT Circle -2(1)(1) International Taxation, New Delhi

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

Bench: SHRI KUL BHARAT (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

…tself, the same would be falling under the exception provided in section 9(1)(vii)(b) of the Act. In this regard, we find that the reliance placed by the ld. AR on the decision of Hon‘ble Allahabad High Court in the case of Seth Shiv Prasad vs CIT reported in 84 ITR 15 (All) would be relevant wherein the expression ‗source of income‘ was defined and discussed as under:- ―Section 6, Indian Income-tax Act, 1922, enumerates the heads of income chargeable to income-tax. One of the heads is "income from other sources". Sub-section (1) of section 12 provides : "(1) The tax shall be payable by an assessee under the hea…

Hcl Canada Inc., Canada vs. ACIT Circle -2(1)(1) International Taxation, New Delhi

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

Bench: SHRI KUL BHARAT (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

…tself, the same would be falling under the exception provided in section 9(1)(vii)(b) of the Act. In this regard, we find that the reliance placed by the ld. AR on the decision of Hon‘ble Allahabad High Court in the case of Seth Shiv Prasad vs CIT reported in 84 ITR 15 (All) would be relevant wherein the expression ‗source of income‘ was defined and discussed as under:- ―Section 6, Indian Income-tax Act, 1922, enumerates the heads of income chargeable to income-tax. One of the heads is "income from other sources". Sub-section (1) of section 12 provides : "(1) The tax shall be payable by an assessee under the hea…

Hcl Poland Sp Zoo, Poland vs. ACIT Circle -2(1)(1) International Taxation, New Delhi

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

Bench: SHRI KUL BHARAT (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

…tself, the same would be falling under the exception provided in section 9(1)(vii)(b) of the Act. In this regard, we find that the reliance placed by the ld. AR on the decision of Hon‘ble Allahabad High Court in the case of Seth Shiv Prasad vs CIT reported in 84 ITR 15 (All) would be relevant wherein the expression ‗source of income‘ was defined and discussed as under:- ―Section 6, Indian Income-tax Act, 1922, enumerates the heads of income chargeable to income-tax. One of the heads is "income from other sources". Sub-section (1) of section 12 provides : "(1) The tax shall be payable by an assessee under the hea…

Hcl Technologies Germany Gmbh, Germany vs. ACIT Circle -2(1)(1) International Taxation, New Delhi

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

Bench: SHRI KUL BHARAT (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

…tself, the same would be falling under the exception provided in section 9(1)(vii)(b) of the Act. In this regard, we find that the reliance placed by the ld. AR on the decision of Hon‘ble Allahabad High Court in the case of Seth Shiv Prasad vs CIT reported in 84 ITR 15 (All) would be relevant wherein the expression ‗source of income‘ was defined and discussed as under:- ―Section 6, Indian Income-tax Act, 1922, enumerates the heads of income chargeable to income-tax. One of the heads is "income from other sources". Sub-section (1) of section 12 provides : "(1) The tax shall be payable by an assessee under the hea…

Hcl Technologies France, New Delhi vs. ACIT, Circle-Int. Tax 2(1)(1), New Delhi

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

Bench: SHRI KUL BHARAT (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

…tself, the same would be falling under the exception provided in section 9(1)(vii)(b) of the Act. In this regard, we find that the reliance placed by the ld. AR on the decision of Hon‘ble Allahabad High Court in the case of Seth Shiv Prasad vs CIT reported in 84 ITR 15 (All) would be relevant wherein the expression ‗source of income‘ was defined and discussed as under:- ―Section 6, Indian Income-tax Act, 1922, enumerates the heads of income chargeable to income-tax. One of the heads is "income from other sources". Sub-section (1) of section 12 provides : "(1) The tax shall be payable by an assessee under the hea…

Hcl Technologies Philippines Inc., New Delhi vs. ACIT, Circle-Int. Tax 2(1)(1), New Delhi

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

Bench: SHRI KUL BHARAT (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

…tself, the same would be falling under the exception provided in section 9(1)(vii)(b) of the Act. In this regard, we find that the reliance placed by the ld. AR on the decision of Hon‘ble Allahabad High Court in the case of Seth Shiv Prasad vs CIT reported in 84 ITR 15 (All) would be relevant wherein the expression ‗source of income‘ was defined and discussed as under:- ―Section 6, Indian Income-tax Act, 1922, enumerates the heads of income chargeable to income-tax. One of the heads is "income from other sources". Sub-section (1) of section 12 provides : "(1) The tax shall be payable by an assessee under the hea…

Hcl Singapore Pte Ltd, New Delhi vs. ACIT Circle International Taxation 2(1)(1), New Delhi

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

Bench: SHRI KUL BHARAT (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

…tself, the same would be falling under the exception provided in section 9(1)(vii)(b) of the Act. In this regard, we find that the reliance placed by the ld. AR on the decision of Hon‘ble Allahabad High Court in the case of Seth Shiv Prasad vs CIT reported in 84 ITR 15 (All) would be relevant wherein the expression ‗source of income‘ was defined and discussed as under:- ―Section 6, Indian Income-tax Act, 1922, enumerates the heads of income chargeable to income-tax. One of the heads is "income from other sources". Sub-section (1) of section 12 provides : "(1) The tax shall be payable by an assessee under the hea…

Hcl Technologies Denmark Aps, New Delhi vs. ACIT Circle- 2(1)(1) International Taxation, New Delhi

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

Bench: SHRI KUL BHARAT (Judicial Member), SHRI M. BALAGANESH (Accountant Member)

…tself, the same would be falling under the exception provided in section 9(1)(vii)(b) of the Act. In this regard, we find that the reliance placed by the ld. AR on the decision of Hon‘ble Allahabad High Court in the case of Seth Shiv Prasad vs CIT reported in 84 ITR 15 (All) would be relevant wherein the expression ‗source of income‘ was defined and discussed as under:- ―Section 6, Indian Income-tax Act, 1922, enumerates the heads of income chargeable to income-tax. One of the heads is "income from other sources". Sub-section (1) of section 12 provides : "(1) The tax shall be payable by an assessee under the hea…

CIT vs. Havells India Ltd

In the result the appeals filed by the revenue are disposed of with no

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE R.V.EASWAR

…g judgment in the case of Rani Amrit Kaur v. CIT, (1946) 14 ITR 561, a decision of the Full Bench of the Allahabad High Court. A source of income was described by R. S. Pathak, J. (as he then was) in the following words in Seth Shiv Prasad v. CIT, (1972) 84 ITR 15 (All.) at page 18: - “A source of income, therefore, may be described as the spring or fount from which a clearly defined channel of income flows. It is that which by its nature and incidents ITA 55/2012 & 57/2012 Page 12 of 22 constitutes a distinct and separate origin of income, capable of consideration as such in isolati…

Commissioner of Income Tax vs. Havells India Ltd

In the result the appeals filed by the revenue are disposed of with no

…g judgment in the case of Rani Amrit Kaur v. CIT, (1946) 14 ITR 561, a decision of the Full Bench of the Allahabad High Court. A source of income was described by R. S. Pathak, J. (as he then was) in the following words in Seth Shiv Prasad v. CIT, (1972) 84 ITR 15 (All.) at page 18: - “A source of income, therefore, may be described as the spring or fount from which a clearly defined channel of income flows. It is that which by its nature and incidents 2012:DHC:3509-DB ITA 55/2012 & 57/2012 Page 12 of 22 constitutes a distinct and separate origin of income, capable of consideration a…

CIT vs. Havells India Ltd

In the result the appeals filed by the revenue are disposed of with no

…g judgment in the case of Rani Amrit Kaur v. CIT, (1946) 14 ITR 561, a decision of the Full Bench of the Allahabad High Court. A source of income was described by R. S. Pathak, J. (as he then was) in the following words in Seth Shiv Prasad v. CIT, (1972) 84 ITR 15 (All.) at page 18: - “A source of income, therefore, may be described as the spring or fount from which a clearly defined channel of income flows. It is that which by its nature and incidents 2012:DHC:2688-DB ITA 55/2012 & 57/2012 Page 12 of 22 constitutes a distinct and separate origin of income, capable of consideration a…