Sultan Brothers Pvt Ltd. v. CIT

114 ITR 388High Court1978#3850 most cited

What is Sultan Brothers Pvt Ltd. v. CIT authority for?

The case is cited for the proposition that a company can be considered eligible business expenditure.

30

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2009 to 2023.

Also referred to as

Sultan Brothers Pvt Ltd v CIT · business expenditure · eligible business expenditure · company as expenditure · income tax act · section 40a(9) · section 32(1)(ii) · section 35d · slump sale · section 43b(f)

Issues it is cited on

recognised provident fundsection 50bsection 43b(f)approved gratuity fundsection 40a(9)section 211wholly and exclusively for businesssection 35dslump salesection 32(1)(ii)domestic companyfull value of consideration

Judgments citing Sultan Brothers Pvt Ltd. v. CIT

M/S Industrial Filters & Fabrics Private Limited, Indore vs. The ACIT-2(1), Indore

In the result, the appeals filed by the assessee

ITA 293/IND/2016[2012-13]Status: DisposedITAT Indore23 Aug 2018AY 2012-13

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

Section 133(6)Section 143(3)Section 68

…te particulars of income. Hence, in view of the foregoing, as can be seen, there was no fraud or willful neglect on our part. We further crave leave to rely upon the decision of the Hon'ble Bombay High Court in the of case CIT Vs. Shivlal Desai & Sons (1978) (114 ITR 388) CIT Vs. Shivlal Desai & Sons (1978) (114 ITR 388) in CIT Vs. Shivlal Desai & Sons (1978) (114 ITR 388) CIT Vs. Shivlal Desai & Sons (1978) (114 ITR 388) which the Hon'ble Court has categorically held that merely because there are certain additions/ disallowances in the assessment proceedings, it will not bring in its wake the levy of penalty. Fu…

M/S Industrial Filters and Fabrics Pvt. Ltd., Indore vs. The Addl. CIT- Range-5, Indore

In the result, the appeals filed by the assessee

ITA 484/IND/2012[2008-09]Status: DisposedITAT Indore23 Aug 2018AY 2008-09

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

Section 133(6)Section 143(3)Section 68

…te particulars of income. Hence, in view of the foregoing, as can be seen, there was no fraud or willful neglect on our part. We further crave leave to rely upon the decision of the Hon'ble Bombay High Court in the of case CIT Vs. Shivlal Desai & Sons (1978) (114 ITR 388) CIT Vs. Shivlal Desai & Sons (1978) (114 ITR 388) in CIT Vs. Shivlal Desai & Sons (1978) (114 ITR 388) CIT Vs. Shivlal Desai & Sons (1978) (114 ITR 388) which the Hon'ble Court has categorically held that merely because there are certain additions/ disallowances in the assessment proceedings, it will not bring in its wake the levy of penalty. Fu…

M/S Industrial Filters & Fabrics Private Limited, Indore vs. The ACIT 2(1), Indore

In the result, the appeals filed by the assessee

ITA 754/IND/2016[2009-10]Status: DisposedITAT Indore23 Aug 2018AY 2009-10

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

Section 133(6)Section 143(3)Section 68

…te particulars of income. Hence, in view of the foregoing, as can be seen, there was no fraud or willful neglect on our part. We further crave leave to rely upon the decision of the Hon'ble Bombay High Court in the of case CIT Vs. Shivlal Desai & Sons (1978) (114 ITR 388) CIT Vs. Shivlal Desai & Sons (1978) (114 ITR 388) in CIT Vs. Shivlal Desai & Sons (1978) (114 ITR 388) CIT Vs. Shivlal Desai & Sons (1978) (114 ITR 388) which the Hon'ble Court has categorically held that merely because there are certain additions/ disallowances in the assessment proceedings, it will not bring in its wake the levy of penalty. Fu…

M/S Industrial Filters and Fabrics Pvt. Ltd., Indore vs. The ACIT 5(1), Indore

In the result, the appeals filed by the assessee

ITA 404/IND/2012[2007-08]Status: DisposedITAT Indore23 Aug 2018AY 2007-08

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

Section 133(6)Section 143(3)Section 68

…te particulars of income. Hence, in view of the foregoing, as can be seen, there was no fraud or willful neglect on our part. We further crave leave to rely upon the decision of the Hon'ble Bombay High Court in the of case CIT Vs. Shivlal Desai & Sons (1978) (114 ITR 388) CIT Vs. Shivlal Desai & Sons (1978) (114 ITR 388) in CIT Vs. Shivlal Desai & Sons (1978) (114 ITR 388) CIT Vs. Shivlal Desai & Sons (1978) (114 ITR 388) which the Hon'ble Court has categorically held that merely because there are certain additions/ disallowances in the assessment proceedings, it will not bring in its wake the levy of penalty. Fu…

Vinyl Chemicals (India) Ltd, Mumbai vs. DCIT Cir 3(3), Mumbai

In the result, appeal of assessee is allowed in terms indicated hereinabove

ITA 3598/MUM/2015[2006-07]Status: DisposedITAT Mumbai23 Oct 2017AY 2006-07

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm M/S. Vinyl Chemicals (India) Vs. Dcit Cir 3(3), Mumbai Ltd., 7Th Floor, Regent Chambers, Nariman Point, Mumbai – 400 021 Pan/Gir No.Aaacv2410Q Appellant) .. Respondent)

Section 143(3)Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL “J”, BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI SANDEEP GOSAIN, JM M/s. Vinyl Chemicals (India) Vs. DCIT CIR 3(3), Mumbai Ltd., 7th Floor, Regent Chambers, Nariman Point, Mumbai – 400 021 PAN/GIR No.AAACV2410Q Appellant) .. Respondent) Assessee by Shri Ketan Panchmia Revenue by Shri Arju Garodia Date of Hearing 21/08/2017 Date of Pronouncement 23/10/2017 आदेश / O R D E R PER R.C.SHARMA (A.M): This is an appeal filed by the assessee against the order of CIT(A)- 8, Mumbai dated 18/02/2015 for the Assessment Year 2006-07 in the matter of imposition of penalty u/s.271(1)…

DCIT 22(2), Navi Mumbai vs. Rajesh Builders, Mumbai

In the result, appeals of assessee in ITA Nos

ITA 6131/MUM/2012[2005-06]Status: DisposedITAT Mumbai31 May 2017AY 2005-06

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

Section 143(3)Section 254Section 271(1)(c)

…d/or concealment of income. It was so decided by Hon'ble Calcutta High Court in the case of Burmah-Shell Oil Storage and Distribution Co. of India Ltd Vs. 110 (112 ITR 592). Then the Honbie Bombay High Court in the case of CIT Vs. Shivial Desai & Sons (1978) (114 ITR 388) and again in the case of CIT Vs. Ajaib Singh & Co. (170 CTR 489), the Hon'ble Punjab & Haryana High Court decided that merely because there are certain additions / disallowances same will not attract penalty. On the facts, the case of the appellant is covered by the decision given in Reliance Petro Chemicals by Hon'ble Supreme Court where in it…

Rajesh Builder, Mumbai vs. DCIT 22(2), Mumbai

In the result, appeals of assessee in ITA Nos

ITA 2955/MUM/2012[2008-09]Status: DisposedITAT Mumbai31 May 2017AY 2008-09

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

Section 143(3)Section 254Section 271(1)(c)

…d/or concealment of income. It was so decided by Hon'ble Calcutta High Court in the case of Burmah-Shell Oil Storage and Distribution Co. of India Ltd Vs. 110 (112 ITR 592). Then the Honbie Bombay High Court in the case of CIT Vs. Shivial Desai & Sons (1978) (114 ITR 388) and again in the case of CIT Vs. Ajaib Singh & Co. (170 CTR 489), the Hon'ble Punjab & Haryana High Court decided that merely because there are certain additions / disallowances same will not attract penalty. On the facts, the case of the appellant is covered by the decision given in Reliance Petro Chemicals by Hon'ble Supreme Court where in it…

Rajesh Builder, Mumbai vs. CIT 22, Mumbai

In the result, appeals of assessee in ITA Nos

ITA 2954/MUM/2012[2007-08]Status: DisposedITAT Mumbai31 May 2017AY 2007-08

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

Section 143(3)Section 254Section 271(1)(c)

…d/or concealment of income. It was so decided by Hon'ble Calcutta High Court in the case of Burmah-Shell Oil Storage and Distribution Co. of India Ltd Vs. 110 (112 ITR 592). Then the Honbie Bombay High Court in the case of CIT Vs. Shivial Desai & Sons (1978) (114 ITR 388) and again in the case of CIT Vs. Ajaib Singh & Co. (170 CTR 489), the Hon'ble Punjab & Haryana High Court decided that merely because there are certain additions / disallowances same will not attract penalty. On the facts, the case of the appellant is covered by the decision given in Reliance Petro Chemicals by Hon'ble Supreme Court where in it…

C.I.T vs. Maharashtra Seamless Ltd

Appeals stand disposed of

ITA - 804 / 2007HC Delhi30 Nov 2009
Section 80H

…elied upon the judgment of the jurisdictional High Court in the case of Commissioner of Income Tax v. Modi Industries Ltd., 210 ITR 1 as well as that of the Madhya Pradesh High Court in Commissioner of Income Tax, Bhopal v. National Newsprint and Papers Ltd., 114 ITR 388. The Supreme Court has taken similar view in Universal Plast Ltd. v. Commissioner of Income Tax, 237 ITR 454. - 6. We, thus, find that to this extent no question of law arises for account for the purpose of deduction under Section 80HH( - Under Section 80HHC of the Act, deduction in respect of profits 7. retained for export business is admissib…

C.I.T vs. Maharashtra Seamless Ltd

Appeals stand disposed of

ITA - 820 / 2007HC Delhi30 Nov 2009
Section 80H

…elied upon the judgment of the jurisdictional High Court in the case of Commissioner of Income Tax v. Modi Industries Ltd., 210 ITR 1 as well as that of the Madhya Pradesh High Court in Commissioner of Income Tax, Bhopal v. National Newsprint and Papers Ltd., 114 ITR 388. The Supreme Court has taken similar view in Universal Plast Ltd. v. Commissioner of Income Tax, 237 ITR 454. - 6. We, thus, find that to this extent no question of law arises for determination. However, the important issue is as to whether this ![](_page_5_Picture_1.jpeg) account for the purpose of deduction under Section 80HHC Act. - Under S…