Transmission Corporation of AP Ltd and Ors. v. CIT

128 ITR 315Supreme Court of India1981#16607 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2000 to 2019.

Judgments citing Transmission Corporation of AP Ltd and Ors. v. CIT

Rameti Devi Jain, Mumbai vs. DCIT Cen Cir 39, Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 3916/MUM/2017[2010-11]Status: DisposedITAT Mumbai27 May 2019AY 2010-11

Bench: Shri Mahavir Singh () & Shri N.K. Pradhan () Assessment Year: 2010-11 Rameti Devi Jain, 82, The Assistant Commissioner Maker Chambers Iii, Of Income Tax, Central Circle Vs. Nariman Point, Mumbai- 6(4), Air Building, 19Th Floor, 400021. Mumbai-400021. Pan No. Aabpj1887B Appellant Respondent Assessee By : None Revenue By : Mr. Chaitanya Anjaria, Dr Date Of Hearing : 09/05/2019 Date Of Pronouncement: 27/05/2019

For Appellant: NoneFor Respondent: Mr. Chaitanya Anjaria, DR

Section 143(3)Section 23Section 23(1)

…property. The AO further observed that the income earning potential of the property is the basis for determining the annual value under the provisions of the Income Tax Act. In this regard, the AO relied on the decision in the case of Bhawan Dass Jain v. UoI 128 ITR 315 (SC). The AO further relied on the decision in Maakrupa Chemicals Pvt. Ltd. (ITA No. 4913/Mum/2005) for AY 2002-03, wherein it was held that the rateable value, if correctly determined under the municipal laws can be taken as annual letting value u/s 23(1) of the Act; however, the rateable value is not binding on the AO. Rameti Devi Jain 3 There…

M/S Givo Ltd., New Delhi vs. DCIT, New Delhi

In the result, appeal filed by the assessee stands allowed for statistical purposes

ITA 2041/DEL/2013[2006-07]Status: DisposedITAT Delhi27 Jul 2016AY 2006-07

Bench: Shri G. D. Agrawal, Hon’Ble & Smt. Beena A. Pillai

For Appellant: Shri Vinod Kumar Bindal, CAFor Respondent: Shri T. Vasanthan, Sr. DR

Section 143(1)Section 143(2)Section 41(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘C’, NEW DELHI BEFORE SHRI G. D. AGRAWAL, HON’BLE VICE PRESIDENT AND SMT. BEENA A. PILLAI, JUDICIAL MEMBER I.T.A. No.2041/Del/2013 (Assessment Year2006-07) Givo Ltd., Vs. DCIT, Circle 12(1), C/o Vinod Kumar New Delhi Bindal & Co. C.A., Shiv Sushil Bhawan, D-219, Vivek Vihar I, New Delhi – 110 095 GIR / PAN :AAACG3928L (Appellant) (Respondent) Appellant by :Shri Vinod Kumar Bindal, CA Respondent by :Shri T. Vasanthan, Sr. DR Date of hearing: 13.07.2016 Date of Pronouncement: 27.07.2016 ORDER PER BEENA A. PILLAI, JM: The present appeal has been filed by the asses…

Diu Resorts P.Ltd, Mumbai vs. ITO 8(1)(3), Mumbai

The appeal of the assessee is allowed

ITA 4797/MUM/2015[2011-12]Status: DisposedITAT Mumbai05 Jan 2016AY 2011-12

Bench: Shri Joginder Singh, Assessment Year: 2011-12 M/S Diu Resorts Pvt. Ltd, Ito-8(1)(3), Flat No.1404, B-29, Shastri Mumbai, बनाम/ Nagar, Opp. J.P. Road, Vs. Andheri(W), Mumbai-400029 "नधा"रती / Assessee राज"व / Revenue P.A. No.Aabcd2843A

Section 143(1)

…ring India Ltd. vs ACIT (supra) along with other cases. I find that in this case, the Bench vide order dated 13th September, 2005, by following the decision in Transmission Corporation of AP Ltd and Ors. vs CIT (1999) 239 ITR 587 (SC), Bhagwan Das Jain vs UOI 128 ITR 315 (SC) and CIT vs G. R. Karthikeyan (1993) 201 ITR 866 (SC) has concluded that credit of TDS has to be given in the relevant previous year, even though the assessee follows project completion method of accounting, thus, TDS, during financial year relevant to assessment year 1999-2000 had to be given credit for in that assessment year even though in…

Goodvalue Polyplast Ltd, Mumbai vs. ITO 16(3)(1), Mumbai

ITA 1662/MUM/2011[2006-07]Status: DisposedITAT Mumbai21 Oct 2015AY 2006-07

For Appellant: Shri Mitesh ShahFor Respondent: Shri Debashis Chandra-CIT-DR

Section 143(3)Section 234BSection 254(1)Section 271(1)(c)

…the actual rent 2 1662/11-Goodvalue P. 06-07 received a weightage should be given to interest free deposit so as to determine the true and correct ALV.He referred to the provision of section 22 and 23(1) of the Act.He relied upon the cases of Bhagwandas Jain(128 ITR 315),Tivoli Investment and Trading Co. Pvt. Ltd.; M.V. Sonawala(177 ITR 246).He further held that for deciding the ALV u/s. 23(1) of the Act three factors had to be looked into,namely the actual rent received, the standard rent and the fair market value,that for the purpose of determining the standard rent of the property the Bombay Rent Control Act…

Chelmsford Club vs. Commissioner of Income Tax, Delhi

The appeals are allowed and the judgment impugned herein is set aside

C.A. No.-005364-005365 - 1995Supreme Court02 Mar 2000

For Respondent: COMMISSIONER OF INCOME-TAX, DELHI

Section 2(24)Section 22

…orm and, therefore, this income is also outside the scope of income-tax in view of the principle of mutuality. For this proposition, the appellant relies on another judgment of this Court in the case of Bhagwan Dass Jain vs. Union of India & Ors. (128 ITR 315). On the contrary on behalf of the Revenue, it is contended that the business of the appellant is not governed by principle of mutuality because the said business does not show that there is any identity between the contributors and the participators as is required for establishing the doctrine of mutuality. For this propos…