How many judgments cite V.M.Salgaocar & Bros.(P) Ltd. v. CIT?

189 judgments on BharatTax cite V.M.Salgaocar & Bros.(P) Ltd. v. CIT (243 ITR 383), spanning 2015 to 2026.

Which sections of the Income Tax Act does V.M.Salgaocar & Bros.(P) Ltd. v. CIT come up under?

It is most often cited in judgments turning on Section 57(iv), Section 56(2)(viii), Section 10(37), Section 263, Section 143(3), Section 45(5).

V.M.Salgaocar & Bros.(P) Ltd. v. CIT

243 ITR 383Supreme Court of India2000#497 most cited

What is V.M.Salgaocar & Bros.(P) Ltd. v. CIT authority for?

An order by the Supreme Court dismissing a Special Leave Petition (SLP) at the threshold without detailed reasons does not constitute a declaration of law or a binding precedent. Such dismissal in limine offers no legal assistance.

189

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2015 to 2026.

Also referred to as

V.M. Salgaocar & Bros. (P) Ltd. v. CIT · SLP dismissal · declaration of law · binding precedent · Article 141 · Supreme Court

Also reported as

110 Taxmann 67

Sections most often in play

Section 57(iv)Section 56(2)(viii)Section 10(37)Section 263 Section 143(3)Section 45(5)Section 145A Section 145A(b)

Read the full judgment

Issues it is cited on

section 145b section 45(5)section 57(iv)section 56(2)(viii)section 145a(b)section 10(37)enhanced compensation section 145a compulsory acquisition section 264 section 143(3a)lack of enquiry

Judgments citing V.M.Salgaocar & Bros.(P) Ltd. v. CIT

Smt.Anuradha Sripathy, Bangalore vs. Commissioner of Income Tax, Bangalore

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

ITA 1748/BANG/2016[2009-2010]Status: DisposedITAT Bangalore17 Jan 2018AY 2009-2010

Bench: Shri Inturi Rama Rao & Shri Lalit Kumarsmt.Anuradha Sripathy, No.288, 10 D Main, Jayanagar 5Th Block, Bengaluru. … Appellant Vs. The Commissioner Of Income-Tax(Appeals)-7, Bengaluru. … Respondent

For Appellant: Shri S.Krishnaswamy, CAFor Respondent: Shri M.K.Biju, JCIT(DR)

Section 143(3)Section 263oSection 40

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, BENGALURU BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER and SHRI LALIT KUMAR, JUDICIAL MEMBER Smt.Anuradha Sripathy, No.288, 10 D Main, Jayanagar 5th Block, Bengaluru. … Appellant Vs. The Commissioner of Income-tax(Appeals)-7, Bengaluru. … Respondent Appellant by : Shri S.Krishnaswamy, CA. Respondent by : Shri M.K.Biju, JCIT(DR) Date of hearing : 06/11/2017 Date of pronouncement : 17/01/2018 O R D E R Per INTURI RAMA RAO, AM : This is an appeal filed by the assessee company directed against the order of the learned Commissioner of Income-tax (Appeals)-7, Bengal…

Jitendra Kumar Gupta, Bharatpur vs. JCIT, Bharatpur

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

ITA 214/JPR/2016[2011-12]Status: DisposedITAT Jaipur09 Jan 2018AY 2011-12

Bench: Or During The Course Of Hearing.” Shri Jitendra Kumar Gupta Vs. Jcit, Bharatpur

For Appellant: Shri Rajendra Agarwal (C.A.)For Respondent: Shri P. R. Meena (Addl.CIT)

Section 194HSection 40a

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR Jh fot; iky jko] U;kf;d lnL; ,oa Jh Hkkxpan] ys[kk lnL; ds le{k BEFORE: SHRI VIJAY PAL RAO, JM & SHRI BHAGCHAND, AM vk;dj vihy la-@ITA No. 214/JP/2016 fu/kZkj.k o"kZ@Assessment Year : 2011-12 cuke Shri Jitendra Kumar Gupta The JCIT, Vs. Prop. M/s J.K. Enterprises, Range, Choburja Bazar, Bharatpur Bharatpur. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AHBPG8155G vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Shri Rajendra Agarwal (C.A.) jktLo dh vksj ls@ Revenue by : Shri P. R. Meena…

Shyam Apparels P.Ltd., Jaipur vs. ITO, Jaipur

ITA 549/JPR/2016[2012-13]Status: DisposedITAT Jaipur07 Nov 2017AY 2012-13

For Appellant: Shri Manish Agarwal (CA)For Respondent: Shri R.A. Verma, (Addl.CIT)

Section 201Section 40Section 40A(3)

…5) 93 CCH 110 PHHC / (2015) 277 CTR 0491 (P&H) after considering the cases of CIT vs. M/s ITA 497 & 549/JP/2016_ 6 ITO Vs. Shyam Apparels Vector Shipping Services (P) Ltd., (2013) 262 CTR (All) 545, V.M. Salgaocar & Bros. (P) Ltd., etc. vs. CIT, etc. (2000) 243 ITR 383 (SC), ACIT vs. Merilyn Shipping & Transporters 136 ITD 23 (SB) (Vishakhapatnam), Tube Investments of India Ltd. and another vs. ACIT, (TDS) and others, (2010) 325 ITR 610 (Mad)held that: “The provisions of section 40(a) (ia) of the Income Tax Act 1961, are applicable not only to the amount which is shown as payable on the date of balance sheet b…

ITO, Jaipur vs. Shyam Apparels Pvt. Ltd., Jaipur

ITA 497/JPR/2016[2012-13]Status: DisposedITAT Jaipur07 Nov 2017AY 2012-13

For Appellant: Shri Manish Agarwal (CA)For Respondent: Shri R.A. Verma, (Addl.CIT)

Section 201Section 40Section 40A(3)

Roopam P. Bhartiya, Mumbai vs. ITO 14(3)(4), Mumbai

ITA 4537/MUM/2016[2011-12]Status: DisposedITAT Mumbai29 Sept 2017AY 2011-12

Bench: Shri Joginder Singh & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.4537/Mum/2016 ("नधा"रण वष" / Assessment Year : 2011-12) Shri Roopam P. Bhartiya, Income Tax Officer – बनाम/ 146, Krishna Bhavan, 14(3)(4), V. 2 Nd Floor, Mumbai. Room No. 15, Dr. Vighas Street, Kalbadevi Road, Mumbai – 400 002. "थायी लेखा सं./Pan : Adxpb 6346A (अपीलाथ" /Appellant) .. (""यथ" / Respondent)

For Appellant: Shri Piyush ChhajedFor Respondent: Shri M.C.Omi Ningshen,DR

Section 143(3)Section 40

…med did not arise for consideration. No doubt, the Special Leave Petition thereagainst was dismissed by this Court in limine. However, that would not amount to confirming the view of the Allahabad High Court (See V.M. Salgaocar & Bros. (P.) Ltd. v. CIT [2000] 243 ITR 383/110 Taxman 67 (SC) and Supreme Court Employees Welfare Association v. Union of India [1989] 4 SCC 187 . 18. In view of the aforesaid discussion, we hold that the view taken by the High Courts of Punjab & Haryana, Madras and Calcutta is the correct view and the judgment of the Allahabad High Court in Vector Shipping Services (P) Ltd. (supra) did n…

Krishnamurthy Srinivasan, Chennai vs. ACIT, Chennai

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

ITA 3396/CHNY/2016[2012-13]Status: DisposedITAT Chennai12 Jul 2017AY 2012-13

Bench: Shri Chandra Poojari & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A.No.3396/Mds/2016 "नधा"रण वष"/Assessment Year:2012-13 Shri Krishnamurthy Srinivasan, The Assistant Commissioner Of No. 1C, Vanagaram Road, Athipet, Vs. Income Tax, Ambattur Industrial Estate, Ambattur, Non Corporate Circle 7(1), Chennai 600 058. Chennai. [Pan:Bbkps4428J] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant By : Shri D. Anand, Advocate ""यथ" क" ओर से/Respondent By : Shri S. Mohamed Mustafa, Jcit सुनवाई क" तार"ख/ Date Of Hearing : 25.05.2017 घोषणा क" तार"ख /Date Of Pronouncement : 12.07.2017 आदेश /O R D E R Per Duvvuru Rl Reddy: This The Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 7, Chennai, Dated 17.10.2016 Relevant To The Assessment Year 2012-13. The Only Effective Ground Raised By The Assessee Is That The Ld. Cit(A) Has Erred In Confirming The Disallowance Of ₹.75,66,470/- Made Under Section 40(A)(Ia) Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri D. Anand, AdvocateFor Respondent: Shri S. Mohamed Mustafa, JCIT

Section 143(2)Section 143(3)Section 194Section 201(1)Section 40Section 44A

…onsideration. No doubt, the Special Leave Petition thereagainst was dismissed by this Court in limine. However, that would not amount to confirming the view of the Allahabad High Court (See V.M. Salgaocar & Bros. (P) Ltd. v. Commissioner of Income Tax, (2000) 243 ITR 383 and Supreme Court Employees Welfare Association v. Union of India, (1989) 4 SCC 187. 18) In view of the aforesaid discussion, we hold that the view taken by the High Courts of Punjab & Haryana, Madras and Calcutta is the correct view and the judgment of the Allahabad High Court in CIT v. Vector Shipping Services (P) Ltd., (2013) 357 ITR 642 did n…

DCIT, New Delhi vs. Shri Shiv Priya, Noida

The appeal of the Revenue is dismissed

ITA 1101/DEL/2014[2011-12]Status: DisposedITAT Delhi26 May 2017AY 2011-12

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Section 132Section 139Section 153Section 153ASection 2(24)Section 2(24)(iv)Section 69A

…“9. Ld. Counsel for the assessee pointed out that the judgments of Calcutta High Court as also of Madras High Court referred to by the counsel for the Revenue have been considered by the Hon’ble Supreme Court in V.M. Salgaocar & Bros. (P) Ltd. vs. CIT [2000] 243 ITR 383/110 Taxman 67 (SC). The Hon’ble Supreme Court has approved the view of Calcutta High Court and also noticed that the judgments of Madras High Court are prior to amendment carried out by the Taxation Laws (Amendment) Act, 1984 and consequent repeal by the Financial Act, 1985. Such intervention makes the intention of the Legislature clear that had…

ACIT, New Delhi vs. Sh. Shiv Priya, Noida

The appeal of the Revenue is dismissed

ITA 6779/DEL/2013[2010-11]Status: DisposedITAT Delhi26 May 2017AY 2010-11

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Section 132Section 139Section 153Section 153ASection 2(24)Section 2(24)(iv)Section 69A

ACIT, New Delhi vs. Sh. Anil Kumar Sharma, New Delhi

In the result, the appeals of the Revenue as well as Cross

ITA 6204/DEL/2013[2010-11]Status: DisposedITAT Delhi23 Sept 2015AY 2010-11

Bench: Shri Chandra Mohan Garg & Shri L.P. Sahu

Section 127Section 132Section 139Section 143(3)Section 153ASection 2(24)(iv)

…be treated as deemed income in terms of section 2(24)(iv) of the Act.” 17. On similar issue the Hon’ble Jurisdictional High Court of Delhi, following the law laid down by the Hon’ble Apex Court in the case of V.M. Salgaoncan and Bros. Pvt. Ltd. vs. CIT (2000) 243 ITR 383 (SC), in the judgment in the case of Sohan Singh vs. CIT (2002) 253 ITR 331 (Delhi) held that in view of insertion of section 17(2)(vi) of the Act and the amendment of section 40A(5) of the Act by the Taxation Laws (Amendment) Act, 1984 and their subsequent deletion w.e.f. 1.4.1985 by the Finance Act, 1985, as a measure of relief to the salaried…