Union of India & Others v. Kamlakshi Finance Corporation

1 SCC 648Supreme Court of India1994#14611 most cited
6

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2022 to 2023.

Issues it is cited on

section 31right to receivebusiness expediencysection 254(1)interest u/s 234amercantile system of accountingapplication of incomecommercial expediencyprofits and gains of business or professionliable to taxsection 28section 37(1)

Judgments citing Union of India & Others v. Kamlakshi Finance Corporation

Shree Narmada Khand Udyog Sahkari Mandali Ltd., Narmada vs. Income Tax Officer, Ward - 2(1), Bharuch

In the result, the grounds of appeal raised by the assesse are allowed

ITA 104/SRT/2023[2014-15]Status: DisposedITAT Surat31 Oct 2023AY 2014-15

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 234ASection 254(1)Section 271(1)(c)Section 28Section 37Section 37(1)

…Assessing Officer is well within his right to come to the finding that the expenditure is not exclusively for the purpose of business. The Assessing Officer also referred the decision of Hon’ble Apex Court in Malaprabha Co-operative Sugar Factory Ltd. (1994) 1 SCC 648 wherein it was held that in the State of Maharashtra initially ex-field advance uniformly for all co-operative sugar factories. At the end of the season, the actual working results are assessed and the entire profits are passed on to the cane growers as additional cane price. Thus, the farmers get profits in the form of additional cane price and th…

Shree Narmada Khand Udyog Sahkari Mandali Ltd., Narmada vs. Income Tax Officer, Ward - 2(1), Bharuch

In the result, the grounds of appeal raised by the assesse are allowed

ITA 103/SRT/2023[2013-14]Status: DisposedITAT Surat31 Oct 2023AY 2013-14

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 234ASection 254(1)Section 271(1)(c)Section 28Section 37Section 37(1)

…Assessing Officer is well within his right to come to the finding that the expenditure is not exclusively for the purpose of business. The Assessing Officer also referred the decision of Hon’ble Apex Court in Malaprabha Co-operative Sugar Factory Ltd. (1994) 1 SCC 648 wherein it was held that in the State of Maharashtra initially ex-field advance uniformly for all co-operative sugar factories. At the end of the season, the actual working results are assessed and the entire profits are passed on to the cane growers as additional cane price. Thus, the farmers get profits in the form of additional cane price and th…

Shree Narmada Khand Udyog Sahkari Mandali Ltd., Narmada vs. Income Tax Officer, Ward - 2(1), Bharuch

In the result, the grounds of appeal raised by the assesse are allowed

ITA 102/SRT/2023[2012-13]Status: DisposedITAT Surat31 Oct 2023AY 2012-13

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 234ASection 254(1)Section 271(1)(c)Section 28Section 37Section 37(1)

…Assessing Officer is well within his right to come to the finding that the expenditure is not exclusively for the purpose of business. The Assessing Officer also referred the decision of Hon’ble Apex Court in Malaprabha Co-operative Sugar Factory Ltd. (1994) 1 SCC 648 wherein it was held that in the State of Maharashtra initially ex-field advance uniformly for all co-operative sugar factories. At the end of the season, the actual working results are assessed and the entire profits are passed on to the cane growers as additional cane price. Thus, the farmers get profits in the form of additional cane price and th…

Shree Cement Limited, Beawar vs. Deputy Commissioner of Income Tax, Ajmer

In the result, this appeal of the assessee is partly allowed and appeal of the Revenue is dismissed

ITA 152/JPR/2023[2014-15]Status: DisposedITAT Jaipur07 Aug 2023AY 2014-15

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Vijay Shah, CAFor Respondent: Shri Arvind Kumar, CIT
Section 115JSection 250Section 32(1)(ii)Section 80Section 80I

…te authority is not acceptable to the department and is the subject matter of an appeal can furnish no ground for not following it unless its operation has been suspended by a competent court as has been held in UOI – vs.- Kamlakshi Finance Corporation (1992) 1 SCC 648 (SC). The respondent humbly prays before Your Honours to dismiss the aforesaid ground of departmental appeal.” 46. On the other hand, the ld. D/R supported the order of the Assessing Officer and submitted that the order of the ld. CIT (A) be quashed to the extent of deletion of addition. 47. We have heard the rival submissions, perused the mat…

Shri Parag Prakash Doshi, Mumbai vs. The Pr. CIT-2, Ahmedabad

In the result, the ground raised by the assessee is allowed

ITA 395/AHD/2020[2015-16]Status: DisposedITAT Ahmedabad30 Dec 2022AY 2015-16

Bench: Smt. Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year : 2015-16 Parag Prakash Doshi Pcit-2, 203-A, Shripal Nagar Co-Op. Ahmedabad Hsg. Soc., Nepean Sea Road, Vs Mumbai-400006 [Pan No. : Ahnpd2646P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Appellant By : Shri Kamlesh Bhatt, C.A. Respondent By : Shri Samir Tekriwal, Cit Dr सुनवाई क" तार"ख/Date Of Hearing: 10.10.2022 घोषणा क" तार"ख /Date Of Pronouncement: 30.12.2022

For Appellant: Shri Kamlesh Bhatt, C.AFor Respondent: Shri Samir Tekriwal, CIT DR
Section 143(3)Section 2(22)(e)Section 263

…the highest Officer of the Income Tax Department is highly deprecated. 9. In this connection, it is appropriate to rely upon the celebrated judgment of the Hon’ble Supreme Court in the case of Union of India & Others vs. Kamlakshi Finance Corporation (1992) 1 SCC 648 where it has been categorically held as follows: “6. …. The High Court has, in our view, rightly criticised this conduct of the Assistant Collectors and the harassment to the assessee caused by the failure of these officers to give effect to the orders of authorities higher to them in the appellate heirarchy. It cannot be too vehemently emphasised…

Karmaveer Shankarrao Kale Sahakari Sakhar Karkhana Ltd, Ahmednagar vs. Assistant Commissioner of Income-Tax, Circle - Ahmednagar, Ahmednagar

Appeal is allowed for statistical purposes in above terms

ITA 1736/PUN/2019[1992-93]Status: DisposedITAT Pune11 Jul 2022AY 1992-93

Bench: Shri S.S.Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No.1736/Pun/2019 ननधधारण वषा / Assessment Year : 1992-93 Karmaveer Shankarrao Kale Sahakari Sakhar Karkhana Ltd., Gautamnagar, Post – Kolpewadi, Tal. Kopargaon, Dist. Ahmednagar, Pin – 423 602 .......अपऩलधथी / Appellant Pan : Aacak5073C बनधम / V/S. ……प्रत्यथी / Respondent Acit, Ahmednagar Circle, Ahmednagar

For Appellant: NoneFor Respondent: Shri S. P. Walimbe
Section 143(3)Section 37Section 40A(2)Section 9

…the judgments of Supreme Court in Maharashtra Rajya Sahakari Sakhar Karkhana Sangh Ltd. V State of Maharashtra & others (1995) as well as in Shri. Malaprabha Co-op Sugar Factory Ltd. V. Union of India 4 A.Y.1992-93 Karmaveer Shankarrao Kale SSK Ltd., (1994) 1 SCC 648 in erroneously holding that the ratio decidendi in those cases justify his inference or view that the said amount of cane purchase price constitutes the distribution of profits. 8) Adding to income Rs.48,373/- being C. M. Fund. The addition made by the Assessing Officer be deleted. 9) Adding to income Rs.24,189/- being Hutment Fund. The addition ma…

Union of India & Others v. Kamlakshi Finance Corporation (1 SCC 648) — Cited in 6 Judgments | BharatTax