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894 results for “capital gains”+ Section 35(2)clear

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Key Topics

Section 14856Addition to Income54Section 143(3)48Disallowance47Section 4042Section 19540Section 14736Section 14A36Deduction35Section 132

MOSBACHER INDIA LLC,CHENNAI vs. ADDL. DIT, CHENNAI

In the result, the appeal is partly allowed in the terms indicated above

ITA 1085/CHNY/2015[2010-11]Status: DisposedITAT Chennai29 Nov 2016AY 2010-11
Section 143(3)Section 42(2)Section 42(2)(b)

2 to Section 153 further provides that “where, by an order referred to in clause (i) of sub section (6), any income is excluded from the total income of the assessee for an assessment year, then, an assessment of such income for another assessment year, for the purpose of section 150 and this section, be deemed to be one made

TAMIL NADU BRICK INDUSTRIES,CHENNAI vs. ITO, CHENNAI

ITA 744/CHNY/2017[2013-14]Status: DisposedITAT Chennai11 May 2018AY 2013-14

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A.No.744/Chny/2017 "नधा"रण वष"/Assessment Year:2013-14 M/S. Tamilnadu Brick Industries, The Income Tax Officer, No. 47, Mangali Nagar 1St Street, Vs. Non Corporate Circle 8(1), Arumbakkam, Chennai 600 106. Chennai. [Pan: Aafft3643P] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant By : Shri S. Sridhar, Advocate ""यथ" क" ओर से/Respondent By : Shri Vijay Kumar Punna, Jr. Standing Counsel सुनवाई क" तार"ख/ Date Of Hearing : 13.02.2018 घोषणा क" तार"ख /Date Of Pronouncement : 11.05.2018 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 9, Chennai, Dated 27.02.2017 Relevant To The Assessment Year 2013-14. The Assessee Has Raised The Following Grounds: “1. The Order Of The Commissioner Of Income Tax (Appeals) 9, Chennai Dated 27.02.2017 In I.T.A.No.07/Cit(A)-9/2016-17 For The Above Mentioned Assessment Year Is Contrary To Law, Facts & In The Circumstances Of The Case.

Showing 1–20 of 894 · Page 1 of 45

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21
Section 8021
Depreciation15
For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri Vijay Kumar Punna
Section 143(1)Section 143(3)Section 2(47)(v)

section 2(47)(v) of the Act for justifying the taxation of Long Term Capital Gains in relation thereto was wrong, erroneous, unjustified, 4 I.T.A. No.744/Chny/17 incorrect and not sustainable in law. It was the submission of the ld. Counsel that the authorities below have misconstructed the facts by misreading of the provisions governing the reckoning of deemed transfer

CLASSIC LINENS INTERNATIONAL PVT. LTD.,,CHENNAI vs. ACIT (OSD), COMPANY RANGE-I,, CHENNAI

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

ITA 3341/CHNY/2019[2014-15]Status: DisposedITAT Chennai23 Nov 2021AY 2014-15

Bench: Shri Duvvuru Rl Reddy & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.3341/Chny/2019 िनधा"रण वष"/Assessment Year: 2014-15 M/S. Classic Linens International Pvt. The Assistant Commissioner Of Ltd., Unit 13 & 14, Sdf, Ii Phase Vs. Income Tax, Osd, Company Range-I, Mepz, Tambaram, Chennai 600 045. Nungambakkam High Road, Chennai 600 034. [Pan: Aabcc3510F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Raghunathan & Shri S. Sankar Narayanan, Advocates ""थ" की ओर से/Respondent By : Shri G. Johnson, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 09.11.2021 घोषणा की तारीख /Date Of Pronouncement : 23.11.2021 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 4, Chennai, Dated 30.09.2019 Relevant To The Assessment Year 2014-15. The Effective Ground Raised In The Appeal Of The Assessee Relates To Confirmation Of Disallowance Of Deduction Of ₹.52,61,428/- Claimed Under Section 10Aa Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri S. Raghunathan &For Respondent: Shri G. Johnson, Addl. CIT
Section 10ASection 143(2)Section 143(3)

2) of section 33, sub-section (4) of section 35 or the second proviso to clause (ix) of sub-section (1) of section 36, as the case may be, shall not apply in relation to any such allowance or deduction; (ii) no loss referred to in sub-section (1) of section 72 or sub-section (1) or sub-section

ACIT, LTU-2,, CHENNAI vs. ASHOK LEYLAND LIMITED, CHENNAI

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

ITA 2618/CHNY/2019[2015-16]Status: DisposedITAT Chennai07 Jul 2025AY 2015-16

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

For Appellant: Mr.R. Vijayaraghavan, AdvFor Respondent: Mr.A. Sasikumar, CIT
Section 115JSection 143(3)Section 14A

gain arising from the transfer of long- term capital assets and shall be deemed to be the income of the previous year in which the transfer took place. Further, Section 2(42C) of the Act defines 'slump sale' as a transfer of one or more undertakings for a lumpsum sale consideration without values being assigned to the individual assets

CLASSIC LINEN INTERNATIONAL PVT LTD.,CHENNAI vs. DCIT CORPORATE CIRCLE 1(2), CHENNAI

In the result, the appeal filed by assessee in iTA

ITA 2406/CHNY/2017[2011-12]Status: DisposedITAT Chennai11 Dec 2019AY 2011-12

Bench: Shri N.R.S. Ganesan & Shri Ramit Kochar"नधा$रण वष$ /Assessment Year: 2011-12

For Respondent: 16.09.2019
Section 100Section 10ASection 143(2)Section 143(3)Section 40

2) of section 33, sub-section (4) of section 35 or the second proviso to clause (ix) of sub-section (1) of section 36, as the case may be, shall not apply in relation to any such allowance or deduction; (ii) no loss referred to in sub-section (1) of section 72 or sub-section (1) or sub-section

M/S. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED,CHENNAI vs. ACIT, CHENNAI

In the result, the appeals filed by both the Revenue and the assessee are partly allowed

ITA 1622/CHNY/2011[2002-03]Status: DisposedITAT Chennai06 Aug 2018AY 2002-03

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George

For Appellant: Shri Percy J. Pardiwalla, Sr. AdvocateFor Respondent: Shri M. Swaminathan, Sr.Standing Counsel

2(9) of Insurance Act, 1938 as it stood before amendment in 2014, is applicable to the payment of re-insurance premium to non-resident re-insurance company, the assessee is liable to deduct tax. Therefore, the above decisions of Mumbai Bench and Pune Bench of this Tribunal also may not be of any assistance to the assessee. 35

M/S. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED,CHENNAI vs. ACIT, CHENNAI

In the result, the appeals filed by both the Revenue and the assessee are partly allowed

ITA 1625/CHNY/2011[2004-05]Status: DisposedITAT Chennai06 Aug 2018AY 2004-05

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George

For Appellant: Shri Percy J. Pardiwalla, Sr. AdvocateFor Respondent: Shri M. Swaminathan, Sr.Standing Counsel

2(9) of Insurance Act, 1938 as it stood before amendment in 2014, is applicable to the payment of re-insurance premium to non-resident re-insurance company, the assessee is liable to deduct tax. Therefore, the above decisions of Mumbai Bench and Pune Bench of this Tribunal also may not be of any assistance to the assessee. 35

M/S. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED,CHENNAI vs. ACIT, CHENNAI

In the result, the appeals filed by both the Revenue and the assessee are partly allowed

ITA 1624/CHNY/2011[2003-04]Status: DisposedITAT Chennai06 Aug 2018AY 2003-04

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George

For Appellant: Shri Percy J. Pardiwalla, Sr. AdvocateFor Respondent: Shri M. Swaminathan, Sr.Standing Counsel

2(9) of Insurance Act, 1938 as it stood before amendment in 2014, is applicable to the payment of re-insurance premium to non-resident re-insurance company, the assessee is liable to deduct tax. Therefore, the above decisions of Mumbai Bench and Pune Bench of this Tribunal also may not be of any assistance to the assessee. 35

DCIT, CHENNAI vs. M/S. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., CHENNAI

In the result, the appeals filed by both the Revenue and the assessee are partly allowed

ITA 1662/CHNY/2011[2002-03]Status: DisposedITAT Chennai06 Aug 2018AY 2002-03

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George

For Appellant: Shri Percy J. Pardiwalla, Sr. AdvocateFor Respondent: Shri M. Swaminathan, Sr.Standing Counsel

2(9) of Insurance Act, 1938 as it stood before amendment in 2014, is applicable to the payment of re-insurance premium to non-resident re-insurance company, the assessee is liable to deduct tax. Therefore, the above decisions of Mumbai Bench and Pune Bench of this Tribunal also may not be of any assistance to the assessee. 35

DCIT, CHENNAI vs. M/S. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., CHENNAI

In the result, the appeals filed by both the Revenue and the assessee are partly allowed

ITA 1665/CHNY/2011[2004-05]Status: DisposedITAT Chennai06 Aug 2018AY 2004-05

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George

For Appellant: Shri Percy J. Pardiwalla, Sr. AdvocateFor Respondent: Shri M. Swaminathan, Sr.Standing Counsel

2(9) of Insurance Act, 1938 as it stood before amendment in 2014, is applicable to the payment of re-insurance premium to non-resident re-insurance company, the assessee is liable to deduct tax. Therefore, the above decisions of Mumbai Bench and Pune Bench of this Tribunal also may not be of any assistance to the assessee. 35

M/S. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED,CHENNAI vs. ACIT, CHENNAI

In the result, the appeals filed by both the Revenue and the assessee are partly allowed

ITA 1623/CHNY/2011[2003-04]Status: DisposedITAT Chennai06 Aug 2018AY 2003-04

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George

For Appellant: Shri Percy J. Pardiwalla, Sr. AdvocateFor Respondent: Shri M. Swaminathan, Sr.Standing Counsel

2(9) of Insurance Act, 1938 as it stood before amendment in 2014, is applicable to the payment of re-insurance premium to non-resident re-insurance company, the assessee is liable to deduct tax. Therefore, the above decisions of Mumbai Bench and Pune Bench of this Tribunal also may not be of any assistance to the assessee. 35

DCIT, CHENNAI vs. M/S. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., CHENNAI

In the result, the appeals filed by both the Revenue and the assessee are partly allowed

ITA 1663/CHNY/2011[2003-04]Status: DisposedITAT Chennai06 Aug 2018AY 2003-04

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George

For Appellant: Shri Percy J. Pardiwalla, Sr. AdvocateFor Respondent: Shri M. Swaminathan, Sr.Standing Counsel

2(9) of Insurance Act, 1938 as it stood before amendment in 2014, is applicable to the payment of re-insurance premium to non-resident re-insurance company, the assessee is liable to deduct tax. Therefore, the above decisions of Mumbai Bench and Pune Bench of this Tribunal also may not be of any assistance to the assessee. 35

ACIT, CHENNAI vs. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED, CHENNAI

In the result, the appeals filed by both the Revenue and the assessee are partly allowed

ITA 2371/CHNY/2014[2009-2010]Status: DisposedITAT Chennai06 Aug 2018AY 2009-2010

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George

For Appellant: Shri Percy J. Pardiwalla, Sr. AdvocateFor Respondent: Shri M. Swaminathan, Sr.Standing Counsel

2(9) of Insurance Act, 1938 as it stood before amendment in 2014, is applicable to the payment of re-insurance premium to non-resident re-insurance company, the assessee is liable to deduct tax. Therefore, the above decisions of Mumbai Bench and Pune Bench of this Tribunal also may not be of any assistance to the assessee. 35

DCIT, CHENNAI vs. M/S. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., CHENNAI

In the result, the appeals filed by both the Revenue and the assessee are partly allowed

ITA 1664/CHNY/2011[2003-04]Status: DisposedITAT Chennai06 Aug 2018AY 2003-04

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George

For Appellant: Shri Percy J. Pardiwalla, Sr. AdvocateFor Respondent: Shri M. Swaminathan, Sr.Standing Counsel

2(9) of Insurance Act, 1938 as it stood before amendment in 2014, is applicable to the payment of re-insurance premium to non-resident re-insurance company, the assessee is liable to deduct tax. Therefore, the above decisions of Mumbai Bench and Pune Bench of this Tribunal also may not be of any assistance to the assessee. 35

DCIT, CHENNAI vs. M/S. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., CHENNAI

In the result, the appeals filed by both the Revenue and the assessee are partly allowed

ITA 1667/CHNY/2011[2005-06]Status: DisposedITAT Chennai06 Aug 2018AY 2005-06

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George

For Appellant: Shri Percy J. Pardiwalla, Sr. AdvocateFor Respondent: Shri M. Swaminathan, Sr.Standing Counsel

2(9) of Insurance Act, 1938 as it stood before amendment in 2014, is applicable to the payment of re-insurance premium to non-resident re-insurance company, the assessee is liable to deduct tax. Therefore, the above decisions of Mumbai Bench and Pune Bench of this Tribunal also may not be of any assistance to the assessee. 35

M/S. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED,CHENNAI vs. ACIT, CHENNAI

In the result, the appeals filed by both the Revenue and the assessee are partly allowed

ITA 1627/CHNY/2011[2005-06]Status: DisposedITAT Chennai06 Aug 2018AY 2005-06

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George

For Appellant: Shri Percy J. Pardiwalla, Sr. AdvocateFor Respondent: Shri M. Swaminathan, Sr.Standing Counsel

2(9) of Insurance Act, 1938 as it stood before amendment in 2014, is applicable to the payment of re-insurance premium to non-resident re-insurance company, the assessee is liable to deduct tax. Therefore, the above decisions of Mumbai Bench and Pune Bench of this Tribunal also may not be of any assistance to the assessee. 35

CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD.,CHENNAI vs. ACIT, CHENNAI

In the result, the appeals filed by both the Revenue and the assessee are partly allowed

ITA 1619/CHNY/2011[2004-05]Status: DisposedITAT Chennai31 Jul 2018AY 2004-05

Bench: Shri N.R.S. Ganesan & Shri Abraham P. Georgeआयकर अपील सं./Ita Nos.1674, 1675, 1759 & 1676/Chny/2011 "नधा"रण वष" / Assessment Years : 2003-04, 2004-05, 2006-07 & 2007-08 आयकर अपील सं./Ita No.40/Chny/2009 "नधा"रण वष" / Assessment Year : 2005-06 आयकर अपील सं./Ita No.1366/Chny/2013 "नधा"रण वष" / Assessment Year : 2008-09 & आयकर अपील सं./Ita No.2372/Chny/2014 "नधा"रण वष" / Assessment Year : 2009-10 The Deputy Commissioner Of M/S Cholamandalam Ms General Income Tax, V. Insurance Co. Ltd., Dare House, No.2, The Assistant Commissioner Of Nsc Bose Road, Income Tax. Chennai - 600 001. Large Taxpayer Unit, Chennai - 600 101. Pan : Aabcc 6633 K (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri Percy J. Pardiwalla, Sr. AdvocateFor Respondent: Shri M. Swaminathan, Sr.Standing Counsel

2(9) of Insurance Act, 1938 as it stood before amendment in 2014, is applicable to the payment of re-insurance premium to non-resident re-insurance company, the assessee is liable to deduct tax. Therefore, the above decisions of Mumbai Bench and Pune Bench of this Tribunal also may not be of any assistance to the assessee. 35

CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD.,CHENNAI vs. ACIT, CHENNAI

In the result, the appeals filed by both the Revenue and the assessee are partly allowed

ITA 1618/CHNY/2011[2003-04]Status: DisposedITAT Chennai31 Jul 2018AY 2003-04

Bench: Shri N.R.S. Ganesan & Shri Abraham P. Georgeआयकर अपील सं./Ita Nos.1674, 1675, 1759 & 1676/Chny/2011 "नधा"रण वष" / Assessment Years : 2003-04, 2004-05, 2006-07 & 2007-08 आयकर अपील सं./Ita No.40/Chny/2009 "नधा"रण वष" / Assessment Year : 2005-06 आयकर अपील सं./Ita No.1366/Chny/2013 "नधा"रण वष" / Assessment Year : 2008-09 & आयकर अपील सं./Ita No.2372/Chny/2014 "नधा"रण वष" / Assessment Year : 2009-10 The Deputy Commissioner Of M/S Cholamandalam Ms General Income Tax, V. Insurance Co. Ltd., Dare House, No.2, The Assistant Commissioner Of Nsc Bose Road, Income Tax. Chennai - 600 001. Large Taxpayer Unit, Chennai - 600 101. Pan : Aabcc 6633 K (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri Percy J. Pardiwalla, Sr. AdvocateFor Respondent: Shri M. Swaminathan, Sr.Standing Counsel

2(9) of Insurance Act, 1938 as it stood before amendment in 2014, is applicable to the payment of re-insurance premium to non-resident re-insurance company, the assessee is liable to deduct tax. Therefore, the above decisions of Mumbai Bench and Pune Bench of this Tribunal also may not be of any assistance to the assessee. 35

ACIT, CHENNAI vs. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD., CHENNAI

In the result, the appeals filed by both the Revenue and the assessee are partly allowed

ITA 2372/CHNY/2014[2009-2010]Status: DisposedITAT Chennai31 Jul 2018AY 2009-2010

Bench: Shri N.R.S. Ganesan & Shri Abraham P. Georgeआयकर अपील सं./Ita Nos.1674, 1675, 1759 & 1676/Chny/2011 "नधा"रण वष" / Assessment Years : 2003-04, 2004-05, 2006-07 & 2007-08 आयकर अपील सं./Ita No.40/Chny/2009 "नधा"रण वष" / Assessment Year : 2005-06 आयकर अपील सं./Ita No.1366/Chny/2013 "नधा"रण वष" / Assessment Year : 2008-09 & आयकर अपील सं./Ita No.2372/Chny/2014 "नधा"रण वष" / Assessment Year : 2009-10 The Deputy Commissioner Of M/S Cholamandalam Ms General Income Tax, V. Insurance Co. Ltd., Dare House, No.2, The Assistant Commissioner Of Nsc Bose Road, Income Tax. Chennai - 600 001. Large Taxpayer Unit, Chennai - 600 101. Pan : Aabcc 6633 K (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri Percy J. Pardiwalla, Sr. AdvocateFor Respondent: Shri M. Swaminathan, Sr.Standing Counsel

2(9) of Insurance Act, 1938 as it stood before amendment in 2014, is applicable to the payment of re-insurance premium to non-resident re-insurance company, the assessee is liable to deduct tax. Therefore, the above decisions of Mumbai Bench and Pune Bench of this Tribunal also may not be of any assistance to the assessee. 35

DCIT, CHENNAI vs. M/S. CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., CHENNAI

In the result, the appeals filed by both the Revenue and the assessee are partly allowed

ITA 1675/CHNY/2011[2004-05]Status: DisposedITAT Chennai31 Jul 2018AY 2004-05

Bench: Shri N.R.S. Ganesan & Shri Abraham P. Georgeआयकर अपील सं./Ita Nos.1674, 1675, 1759 & 1676/Chny/2011 "नधा"रण वष" / Assessment Years : 2003-04, 2004-05, 2006-07 & 2007-08 आयकर अपील सं./Ita No.40/Chny/2009 "नधा"रण वष" / Assessment Year : 2005-06 आयकर अपील सं./Ita No.1366/Chny/2013 "नधा"रण वष" / Assessment Year : 2008-09 & आयकर अपील सं./Ita No.2372/Chny/2014 "नधा"रण वष" / Assessment Year : 2009-10 The Deputy Commissioner Of M/S Cholamandalam Ms General Income Tax, V. Insurance Co. Ltd., Dare House, No.2, The Assistant Commissioner Of Nsc Bose Road, Income Tax. Chennai - 600 001. Large Taxpayer Unit, Chennai - 600 101. Pan : Aabcc 6633 K (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri Percy J. Pardiwalla, Sr. AdvocateFor Respondent: Shri M. Swaminathan, Sr.Standing Counsel

2(9) of Insurance Act, 1938 as it stood before amendment in 2014, is applicable to the payment of re-insurance premium to non-resident re-insurance company, the assessee is liable to deduct tax. Therefore, the above decisions of Mumbai Bench and Pune Bench of this Tribunal also may not be of any assistance to the assessee. 35