T.S. Balram v. Volkart Bros. (supra) and CIT vs. Sheshasayee Paper and Boards Ltd.

283 ITR 200High Court2006#24343 most cited
3

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2018.

Judgments citing T.S. Balram v. Volkart Bros. (supra) and CIT vs. Sheshasayee Paper and Boards Ltd.

ASSOCAIATION OF STATE ROAD TRANSPORT UNDERTAKING,NEW DELHI vs. ADIT(EXEMPTION), DELHI

In the result, whereas appeal of the revenue is dismissed, the appeal of the assessee is allowed for statistical purposes

ITA 1724/DEL/2016[2010-11]Status: DisposedITAT Delhi29 Nov 2018AY 2010-11

Bench: Shri Prashant Maharishi & Shri K.Narasimha Charyassessment Year: 2010-11 Asstt. Comr. Of Income-Tax (E), Vs M/S Association Of Road Transport Circle 1(1), New Delhi. Undertaking, Plot No.4A, Psp Block, Pkt. 14, Sector-8, Dwarka, New Delhi. Pan: Aaaaa0233A Assessment Year: 2010-11 M/S Association Of Road Transport Undertaking, Vs. Adit (E), Plot No.4A, Psp Block, Pkt. 14, Circle 1(1), New Delhi. Sector-8, Dwarka, New Delhi . Pan: Aaaaa0233A (Appellant) (Respondent) Assessee By: Shri Tarandeep Singh Revenue By: Shri Surender Pal, Sr. Dr Date Of Hearing: 26.11.2018 Date Of Pronouncement: 29.11.2018 Order Per K. Narasimha Chary, Jm

For Appellant: Shri Tarandeep SinghFor Respondent: Shri Surender Pal, Sr. DR
Section 10Section 12ASection 154Section 2(15)

…ly, the surplus attributable to CIRT, Pune to the tune of Rs.63,15,340/- was brought to tax. As observed by the Hon’ble Madras High Court after referring to the cases in T.S. Balram vs Volkart Bros. (supra) and CIT vs. Sheshasayee Paper and Boards Ltd. (2006) 283 ITR 200, the debatable issue does not fall under the purview of Section 154 of the Act and also the long drawn process of reasoning on points on which there could be two opinions, by resorting to Section 154 of the Act is impermissible. With this view of the matter, we are of the considered opinion that the order of the learned CIT(A) in quashing the ord…

ACIT (E), NEW DELHI vs. M/S ASSOCIATION OF ROAD TRANSPORT UNDERTAKINGS, NEW DELHI

In the result, whereas appeal of the revenue is dismissed, the appeal of the assessee is allowed for statistical purposes

ITA 1252/DEL/2016[2010-11]Status: DisposedITAT Delhi29 Nov 2018AY 2010-11

Bench: Shri Prashant Maharishi & Shri K.Narasimha Charyassessment Year: 2010-11 Asstt. Comr. Of Income-Tax (E), Vs M/S Association Of Road Transport Circle 1(1), New Delhi. Undertaking, Plot No.4A, Psp Block, Pkt. 14, Sector-8, Dwarka, New Delhi. Pan: Aaaaa0233A Assessment Year: 2010-11 M/S Association Of Road Transport Undertaking, Vs. Adit (E), Plot No.4A, Psp Block, Pkt. 14, Circle 1(1), New Delhi. Sector-8, Dwarka, New Delhi . Pan: Aaaaa0233A (Appellant) (Respondent) Assessee By: Shri Tarandeep Singh Revenue By: Shri Surender Pal, Sr. Dr Date Of Hearing: 26.11.2018 Date Of Pronouncement: 29.11.2018 Order Per K. Narasimha Chary, Jm

For Appellant: Shri Tarandeep SinghFor Respondent: Shri Surender Pal, Sr. DR
Section 10Section 12ASection 154Section 2(15)

…ly, the surplus attributable to CIRT, Pune to the tune of Rs.63,15,340/- was brought to tax. As observed by the Hon’ble Madras High Court after referring to the cases in T.S. Balram vs Volkart Bros. (supra) and CIT vs. Sheshasayee Paper and Boards Ltd. (2006) 283 ITR 200, the debatable issue does not fall under the purview of Section 154 of the Act and also the long drawn process of reasoning on points on which there could be two opinions, by resorting to Section 154 of the Act is impermissible. With this view of the matter, we are of the considered opinion that the order of the learned CIT(A) in quashing the ord…

ADVANCED ENZYME TECHNOLOGIES LTD,THANE vs. ACIT CIR I, THANE

In the result, the appeal of assessee is allowed

ITA 1775/MUM/2014[2002-03]Status: DisposedITAT Mumbai16 Nov 2017AY 2002-03

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am Advanced Enzyme The Asst. Commissioner Of Technologies Ltd. (Formerly Income Tax- 1, Circle01, Known As Advanced Ashar It Park B Wing, 6 Th Biochemicals Ltd.) Floor, Road No. Z-16, Now Known As Advanced Wagle Indl Estate Vs. Enzyme Technologies Ltd. Thane (W) -400 604 Sun Magnetica, A Wing, 5 Th Fl Near Lic Service Road, Thane (W)-400 604 Appellant .. Respondent Pan No. Aabca4555E

For Appellant: Vipul Joshi & Dinkle Hariya, ARs’For Respondent: Rajesh Kumar Yadav, DR
Section 115JSection 143(3)Section 154Section 80Section 80H

…section 80HHC is a debatable issue and no recourse of section 154 of the Act be taken to rectify the amount of relief. This view has been recently followed by the Hon'ble Madras High Court itself in the case of CIT v/s. Seshasayee Papers & Boards Ltd. (2006) 283 ITR 200 (Mad). It is important to note that the Court was dealing with the very similar issue of section 80 HHC, viz., the adjustment of unabsorbed investment allowance in rectification proceedings. Similarly, Hon'ble Delhi High Court in the case of CIT v/s. Krishak Bharati Co-operative Ltd. (2004) 266 ITR 208 (Delhi), while dealing with the provisions o…

T.S. Balram v. Volkart Bros. (supra) and CIT vs. Sheshasayee Paper and Boards Ltd. (283 ITR 200) — Cited in 3 Judgments | BharatTax