Sharma v. ACIT

270 CTR 594High Court#24137 most cited
3

judgments rely on this decision, according to BharatTax’s citation analysis of 348,252 Indian tax judgments — from 2021 to 2024.

Judgments citing Sharma v. ACIT

Dy. CIT, Central Circle-2, Coimbatore vs. M/S Pooja Marketing, Malad

In the result, both the appeals stand dismissed

ITA 960/CHNY/2022[2015-16]Status: DisposedITAT Chennai09 Oct 2024AY 2015-16

Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL (Accountant Member), SHRI MANU KUMAR GIRI (Judicial Member)

For Appellant: Shri Sridharan (Sr. Advocate), Shri Ravi SawanaFor Respondent: Shri R. Clement Ramesh Kumar (CIT) & Shri P
Section 143(3)Section 194BSection 1lSection 2(24)(ix)Section 263Section 56(2)(ib)Section 58

…ase were held to be identical. The decision of Kerala High Court in the case of CIT vs. Manjoo & Co. (335 ITR 527) was held to be factually distinguishable and would not apply. The decision of Hon’ble Allahabad High Court in the case of J. N. Sharma vs. ACIT (270 CTR 594) has not categorically decided that the heads of income but it has been held that irrespective of the head of income, the winnings shall be taxed at a special rate u/s 115BB of the Act. There was absolutely no quarrel regarding the applicability of tax rate u/s 115BB of the Act. 5. Having quoted the substantive portion of aforesaid decision of Mu…

Dy. CIT, Central Circle-2, Coimbatore vs. M/S Pooja Marketing, Malad

In the result, both the appeals stand dismissed

ITA 958/CHNY/2022[2016-17]Status: DisposedITAT Chennai09 Oct 2024AY 2016-17

Bench: HON’BLE SHRI MANOJ KUMAR AGGARWAL (Accountant Member), SHRI MANU KUMAR GIRI (Judicial Member)

For Appellant: Shri Sridharan (Sr. Advocate), Shri Ravi SawanaFor Respondent: Shri R. Clement Ramesh Kumar (CIT) & Shri P
Section 143(3)Section 194BSection 1lSection 2(24)(ix)Section 263Section 56(2)(ib)Section 58

…ase were held to be identical. The decision of Kerala High Court in the case of CIT vs. Manjoo & Co. (335 ITR 527) was held to be factually distinguishable and would not apply. The decision of Hon’ble Allahabad High Court in the case of J. N. Sharma vs. ACIT (270 CTR 594) has not categorically decided that the heads of income but it has been held that irrespective of the head of income, the winnings shall be taxed at a special rate u/s 115BB of the Act. There was absolutely no quarrel regarding the applicability of tax rate u/s 115BB of the Act. 5. Having quoted the substantive portion of aforesaid decision of Mu…

Pooja Marketing, Mumbai vs. Pr. CIT- 31, Mumbai

In the result, the appeal of the assessee is allowed

ITA 2596/MUM/2019[2014-15]Status: DisposedITAT Mumbai24 May 2021AY 2014-15

Bench: Us, The Core Issues To Be Decided Are As Under:-

Section 115BSection 263Section 58(4)

…ITO reported in 201 ITR 348 (Bom) is different. Further, from the ratio laid down by the Hon‘ble Kerala High Court in the case of CIT vs Manjoo & Co. reported in 335 ITR 527 (Ker) and Hon‘ble Allahabad High Court in the case of J N Sharma vs ACIT reported in 270 CTR 594 (All) , it is clear that winnings of lotteries from unsold tickets is chargeable to tax at the rate of 30% on the amount of such winnings u/s 115BB of the Act and as per section 58(4) of the Act, no deduction towards expenditure is allowed thereon. 20 M/s.Pooja Marketing 6. Taxability of income by way of winnings from lotteries u/s 115BB of the…