Union of India v. Azadi Bachao Andolan

ITO 7(1)(3), Mumbai vs. Heckyl Technolgies P. Ltd, Mumbai

Bench: Shri Rajesh Kumar & Shri Amarjit Singhassessment Year: 2012-13 Ito-7(1)(3) M/S Heckyl Technologies Pvt.Ltd. Unit No.1002, 10Th Floor Room No.11, Ground Floor Vs. Aayakar Bhavan, W, Supreme Business Park Mumbai- 400020 Hiranandani Garden Powai, Mumbai-400 076

…. He has then cited the ratio of, the Hon'ble Supreme Court in the case of McDowell (158 ITR 148) to demonstrate that what the appellant has done is to use a colourable device. He has then cited the decision of Azadi Bachao Andolan & Others v. Union of india (256 ITR 563). He has then proceeded to cite the decision of the Hon'ble Delhi High Court in the case of Hillcrest Reality SON BHD v. Ram Parshotam Mittal (supra) which had dealt with the issue of the utilisation of money raised by way of share premium for purposes other than those specified in section 78(2) of Companies Act, 1956. He has then travelled to th…

DCIT (It) 2(2)(2), Mumbai vs. Hsbc Bank (Mauritius) Ltd, Mumbai

Bench: Shri Ravish Sood & Shri. N.K Pradhandeputy Commissioner Of Income-Tax (It)- Hsbc Bank (Mauritius) Ltd., C/O. Bsr & Co. 2(2)(2), Room No. 1606, 16Th Floor, Air India Llp., 1St Floor, Lodha Excelus, Apollo Mills Building, Nriman Point, Mumbai – 400 021 Vs. Compound, N.M Joshi Marg, Mahalakshmi, Mumbai – 400 001.

…tative for the assessee reiterated the reliance on the CBDT Circular no. 789 dated 13.04.2000 (supra) whose validity, according to the learned representative, has also been upheld by the Hon'ble Supreme Court in the case of UOI vs Azadi Bachao Andolan, [2003] 263 ITR 706 (SC). Furthermore, it is pointed out that the Ministry of Finance vide Press Clarification dated 01.03.2013 clarified that the CBDT Circular no. 789 dated 13.04.2000 (supra) continues to be in force. Another aspect which is brought out by the learned representative is based on the decision of Chennai Bench of the Tribunal in the case of Hyundai M…

DCIT (It) 2(2)(2), Mumbai vs. Hsbc Bank (Mauritius) Ltd, Mumbai

In the result, the appeal by the Revenue is dismissed

Bench: Shri Vikas Awasthy & Shri N.K.Pradhan

…tative for the assessee reiterated the reliance on the CBDT Circular no. 789 dated 13.04.2000 (supra) whose validity, according to the learned representative, has also been upheld by the Hon'ble Supreme Court in the case of UOI vs Azadi Bachao Andolan, [2003] 263 ITR 706 (SC). Furthermore, it is pointed out that the Ministry of Finance vide Press Clarification dated 01.03.2013 clarified that the CBDT Circular no. 789 dated 13.04.2000 (supra) continues to be in force. Another aspect which is brought out by the learned representative is based on the decision of Chennai Bench of the Tribunal in the case of Hyundai M…

General Motors Overseas Corporation, Mumbai vs. Deputy Director of Income Tax (International Taxation) 3(1), Mumbai

In the result, the appeal of the assessee is partly allowed

Bench: Shri Laliet Kumar & Shri M. Balaganesha.Y : 2004-05 :

…lied. As per Section 90(2) of the Income Tax Act, the provisions of DTAA are to be read over-riding the provisions of Income Tax Act and this issue is not open for debate as the Apex Court has decided this in the case of Union of India v. Azadi Bachao Andolan 263 ITR 706 (SC). The CIT DR in response to this proposition of the 33 General Motors Overseas Corporation ITA Nos.1282/Mum/2009, 2787 &1986/Mum/2014 & 381/Mum/2018 assessee submitted that this restriction contained in Section 44D(b) is valid as in a normal net profit case the tax rate is higher whereas where Section 44D(b) is applied, then the gross receip…

General Motors Overseas Corporation, Gurgaon vs. DDIT (It) 3(1), Mumbai

In the result, the appeal of the assessee is partly allowed

Bench: Shri Laliet Kumar & Shri M. Balaganesha.Y : 2004-05 :

…lied. As per Section 90(2) of the Income Tax Act, the provisions of DTAA are to be read over-riding the provisions of Income Tax Act and this issue is not open for debate as the Apex Court has decided this in the case of Union of India v. Azadi Bachao Andolan 263 ITR 706 (SC). The CIT DR in response to this proposition of the 33 General Motors Overseas Corporation ITA Nos.1282/Mum/2009, 2787 &1986/Mum/2014 & 381/Mum/2018 assessee submitted that this restriction contained in Section 44D(b) is valid as in a normal net profit case the tax rate is higher whereas where Section 44D(b) is applied, then the gross receip…

General Motors Overseas Corporation, Gurgaon vs. DDIT (It) 3(1), Mumbai

In the result, the appeal of the assessee is partly allowed

Bench: Shri Laliet Kumar & Shri M. Balaganesha.Y : 2004-05 :

…lied. As per Section 90(2) of the Income Tax Act, the provisions of DTAA are to be read over-riding the provisions of Income Tax Act and this issue is not open for debate as the Apex Court has decided this in the case of Union of India v. Azadi Bachao Andolan 263 ITR 706 (SC). The CIT DR in response to this proposition of the 33 General Motors Overseas Corporation ITA Nos.1282/Mum/2009, 2787 &1986/Mum/2014 & 381/Mum/2018 assessee submitted that this restriction contained in Section 44D(b) is valid as in a normal net profit case the tax rate is higher whereas where Section 44D(b) is applied, then the gross receip…

Moh. Hussain Habib Pathan, Mumbai vs. Asst CIT 18(2), Mumbai

In the result, the assessee’s appeal is partly allowed on the aforesaid terms

Bench: Sh. Sanjay Arora & Sh. C.N. Prasadi. T. A. No. 4058/Mum/2013 Assessment Year: 2009-10

…low tax saving to the assessee-father. A genuine arrangement cannot be disregarded as the same results or operates to minimize the assessee’s tax liability. Reference in this regard may be made to the decision in Union of India v. Azadi Bachavo Andolan [2003] 263 ITR 706 (SC) and, more recently, in Vodafone International Holdings B.V. v. Union of India [2012] 314 ITR 1 (SC). We are, accordingly, in principle, in agreement with the assessee’s claim inasmuch as, as afore-noted, there is nothing on record to further the Revenue’s case of the arrangement being not a genuine arrangement, i.e., apart from being unusual…