Subhash Chander Sekhri v. Deputy CIT

290 ITR 300High Court2007#24260 most cited
3

judgments rely on this decision, according to BharatTax’s citation analysis of 348,627 Indian tax judgments — from 2019 to 2019.

Judgments citing Subhash Chander Sekhri v. Deputy CIT

Titan Engineering Co. Pvt. Ltd., Durgapur vs. DCIT, Circle - 1(2), Kolkata

Appeal is partly allowed in above terms

ITA 2250/KOL/2018[2012-13]Status: DisposedITAT Kolkata17 May 2019AY 2012-13

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13 Titan Engineering Co. Pvt. V/S. Dcit, Circle-1(2), Ltd., Sanjibi Sarani, Aayakar Bhawan, P-7, 7Th Floor, Chowringhee Durgapur-713210 [Pan No.Aabct 4321 K] Square, Kolkata-69 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri H.V. Bhardwaj, Fca अपीलाथ" क" ओर से/By Appellant Shrishankar Halder, Jcit-Sr-Dr ""यथ" क" ओर से/By Respondent 07-05-2019 सुनवाई क" तार"ख/Date Of Hearing 17-05-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2012-13 Arises Against The Commissioner Of Income Tax (Appeals)-1, Kolkata’S Order Dated 05.09.2018 Passed In Case No.18161/Cit(A)-1/Kol./Cir.-1(2)/2015-16, Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. Learned Counsel Representing Assessee Does Not Press For First Substantive Ground Raised In The Instant Appeal Challenging Liquidated Damage Disallowance Of ₹85,099/- Made In Both The Lower Proceedings Keeping In Mind Smallness Of The Amount. 3. This First Substantive Ground Is Rejected As Not Pressed. 4. Next Comes The Estimated Ad Hoc Disallowance Of Site Expense Amounting To ₹4,74,241/- In Both The Lower Proceedings. The Cit(A)’S Detailed Discussion To This Effect Reads As Follows:-

Section 143(3)

…deep Kumar v. CIT (293 ITR 294) (Del), Jaspal Singh 290 ITR 306 (P & H), Yash Pal Goel , 310 ITR 75/76(P&H) and Rajeev Tandon vs. Assistant Commissioner of Income Tax in ITA No. 77 of 2007 dated 13.7.2007 as also in Subhash Chander Sekhri v. Deputy CIT [2007] 290 ITR 300 (P&H).In the present case also, it is not ITA No.2250/Kol/2018 A.Y. 2012-13 Titan Engineering Co. Pvt. Ltd. Vs. DcIT, Cir-1(2), Kol. Page 6 established that two subscribers to the share capital of the appellant company by the two companies which were found to have meagre cash balances/capital in their books of accounts had capacity to make the lo…

DCIT, Circle-3(1), Kolkata vs. M/S. Lal Baba Seamless Tubes Pvt. Limited, Kolkata

In the result, the appeal of the assessee is treated as allowed for statistical purposes, while the appeal of the Revenue is treated as partly allowed for statistical purposes

ITA 1637/KOL/2017[2014-15]Status: DisposedITAT Kolkata12 Apr 2019AY 2014-15

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri S.S. Viswanethra Ravi

Section 68

…ndeep Kumar v. CIT (293 ITR 294) (Del), Jaspal Singh 290 ITR 306 (P & H), Yash Pal Goel ,310 ITR 75/76(P&H} and Rajeev Tandon vs. Assistant Commissioner of Income Tax in ITA No. 77 of 2007 dated 13.7.2007 as also in Subhash Chander Sekhri v: Deputy CIT [2007] 290 ITR 300 (P&H).In the present case also, it is not established that unsecured loan creditors i.e 13 companies which were found to have meager cash balances/capital in their books of accounts had capacity to make the loans.. Therefore, the A.O was justified in upholding the addition of the amount claimed as impugned unsecure loans. In Ram Lal Agrawal v. CI…

Lal Baba Seamless Tubes (P) Ltd., Kolkata vs. DCIT, Circle-3(1), Kolkata

In the result, the appeal of the assessee is treated as allowed for statistical purposes, while the appeal of the Revenue is treated as partly allowed for statistical purposes

ITA 1033/KOL/2017[2014-15]Status: DisposedITAT Kolkata12 Apr 2019AY 2014-15

Bench: Shri P.M. Jagtap, Vice-(Kz) & Shri S.S. Viswanethra Ravi

Section 68

…ndeep Kumar v. CIT (293 ITR 294) (Del), Jaspal Singh 290 ITR 306 (P & H), Yash Pal Goel ,310 ITR 75/76(P&H} and Rajeev Tandon vs. Assistant Commissioner of Income Tax in ITA No. 77 of 2007 dated 13.7.2007 as also in Subhash Chander Sekhri v: Deputy CIT [2007] 290 ITR 300 (P&H).In the present case also, it is not established that unsecured loan creditors i.e 13 companies which were found to have meager cash balances/capital in their books of accounts had capacity to make the loans.. Therefore, the A.O was justified in upholding the addition of the amount claimed as impugned unsecure loans. In Ram Lal Agrawal v. CI…

Subhash Chander Sekhri v. Deputy CIT (290 ITR 300) — Cited in 3 Judgments | BharatTax