AJAY GULIYA

section 45 implicitly. The reason for lack of the year in latter provision is that all sums accruing or received in connection with transfer are liable to be taxed in the year in which transfer takes place. With these preliminary remarks, we may examine the cases relied upon by the ld. counsel. 6.2 In the case of CIT Vs. Ashokbhai

COMMISSIONER OF INCOME TAX DEL vs. M/S ABHUINANDAN INVESTMENTS LT

Appeals are allowed

45, it was unnecessary for this Court in Vania Silk Mills (P.) Ltd.'s case (supra) to go on to consider the definition in section 2(47) and the meaning to be attached to the expression 'extinguishment of any rights therein'. In his submission, the decision in Vania Silk Mills (P.) Ltd.'s case (supra) was to this extent obiter

COMMISSIONER OF INCOME TAX DEL vs. M/S MANSAROVAR INVESTMENTS LTD

Appeals are allowed

Bench: HON'BLE MR. JUSTICE MANMOHAN,HON'BLE MR. JUSTICE SANJEEV NARULA

45, it was unnecessary for this Court in Vania Silk Mills (P.) Ltd.'s case (supra) to go on to consider the definition in section 2(47) and the meaning to be attached to the expression 'extinguishment of any rights therein'. In his submission, the decision in Vania Silk Mills (P.) Ltd.'s case (supra) was to this extent obiter

COMMISSIONER OF INCOME TAX DEL vs. M/S MANSAROVAR INVESTMENTS LTD

Appeals are allowed

45, it was unnecessary for this Court in Vania Silk Mills (P.) Ltd.'s case (supra) to go on to consider the definition in section 2(47) and the meaning to be attached to the expression 'extinguishment of any rights therein'. In his submission, the decision in Vania Silk Mills (P.) Ltd.'s case (supra) was to this extent obiter

COMMISSIONER OF INCOME TAX DEL vs. M/S M/S JINDAL EQUIPMENT LEASI

Appeals are allowed

45, it was unnecessary for this Court in Vania Silk Mills (P.) Ltd.'s case (supra) to go on to consider the definition in section 2(47) and the meaning to be attached to the expression 'extinguishment of any rights therein'. In his submission, the decision in Vania Silk Mills (P.) Ltd.'s case (supra) was to this extent obiter

THE COMMISSIONER OF INCOME TAX vs. M/S NALWA INVESTMENT LTD.

Appeals are allowed

Bench: HON'BLE MR. JUSTICE MANMOHAN,HON'BLE MR. JUSTICE SANJEEV NARULA

45, it was unnecessary for this Court in Vania Silk Mills (P.) Ltd.'s case (supra) to go on to consider the definition in section 2(47) and the meaning to be attached to the expression 'extinguishment of any rights therein'. In his submission, the decision in Vania Silk Mills (P.) Ltd.'s case (supra) was to this extent obiter

AREVA T & D INDIA LTD vs. THE COMMISSIONER OF INCOME TAX-II

Appeals are dismissed in favour of the assessee and

Section 143(3) of the Act. (iv) While conducting the assessment, the AO took note of the following features:-(a) the assessee Company had claimed a sum of Rs.2,97,45,661/- by way of deferred revenue expenditure in its computation of income. (b) the assessee Company was required to clarify the nature of such expenditure

DABUR INDIA LIMITED vs. COMMISSIONER OF INCOME TAX,

The appeals are dismissed

Bench: We Consider The Submissions Made In Support Of The Appeal The Following Facts Require To Be Noted:- 2.1 The Assessee Is In The Business Of Manufacturing Herbal Products & Cosmetics. On 30.11.2000 Assessee Filed Its Return For Assessment Year 2000-01 Wherein, It Declared An Income Of Rs 12,15,25,093/-. On 10.5.2001 The Return Was Processed Under Section 143(1)(A) Of The Act As The Returned Income. However, Notices Were Issued Under Section 143(2) Of The Act. 2.2 In Response To The Aforesaid Notices, Hearing Was Attended By An Authorized Representative Before The Assessing Officer. 2008:Dhc:2521

45) of the Act. The said section defines „total income‟ to mean total amount of income referred to in Section 5, computed in the manner laid down in the Act. The scope of „total income‟ is provided under Section 5 of the Act. Section 5, inter alia, provides that the total income of any previous year of a person

SREI INFRASTRUCTURE FINANCE LIMITED vs. ADDITIONAL COMMISSIONER OF INCOME TAX

The appeal is dismissed

depreciation is nil; or] (iv ) the amount of profits eligible for deduction under section 80HHC , computed under clause (a) or clause (b) or clause (c ) of sub-section (3) or sub-section (3A), as the case may be, of that section, and subject to the conditions specified in that section; or (v ) the amount of profits eligible for deduction under

SREI INFRASTRUCTURE FINANCE LTD

The appeal is dismissed

depreciation is nil; or] (iv ) the amount of profits eligible for deduction under section 80HHC , computed under clause (a) or clause (b) or clause (c ) of sub-section (3) or sub-section (3A), as the case may be, of that section, and subject to the conditions specified in that section; or (v ) the amount of profits eligible for deduction under

TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

Section 45 but not u/s 50 of the Income tax Act?” Background facts 3. The Assessee Teletube Electronics Ltd. („TEL‟) had two divisions i.e. a picture tube division situated at Ghaziabad in Uttar Pradesh and a glass bulb division at Bhiwadi, Rajasthan for manufacturing glass shells/bulbs for domestic use. The said glass bulb division, which had three lines i.e. Line

TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

Section 45 but not u/s 50 of the Income tax Act?” Background facts 3. The Assessee Teletube Electronics Ltd. („TEL‟) had two divisions i.e. a picture tube division situated at Ghaziabad in Uttar Pradesh and a glass bulb division at Bhiwadi, Rajasthan for manufacturing glass shells/bulbs for domestic use. The said glass bulb division, which had three lines i.e. Line

CIT vs. M/S TELETUBE ELECTRONICS LTD

The appeal of the Assessee is allowed

Section 45 but not u/s 50 of the Income tax Act?” Background facts 3. The Assessee Teletube Electronics Ltd. („TEL‟) had two divisions i.e. a picture tube division situated at Ghaziabad in Uttar Pradesh and a glass bulb division at Bhiwadi, Rajasthan for manufacturing glass shells/bulbs for domestic use. The said glass bulb division, which had three lines i.e. Line

PITNEY BOWES INDIA (P) LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, out of the five appeals of the assessee, the ITA Nos

Bench: Sh. I.C. Sudhir & Sh. O.P. Kant

depreciation claimed of Rs. 56,45,639/- @ 25% on Government Authorizations Of Rs. 4,41,66,706/- was shown. 4.2 According to the Assessing Officer above disclosure was not sufficient to meet the requirement of law (i.e. proviso to section

M/S. BHARAT ALUMINIUM COMPANY LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the appeals of the assessee are partly allowed for statistical purpose

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

depreciation is nil; or] (iv) the amount of profits eligible for deduction under section 80HHC , computed under clause (a) or clause (b) or clause (c ) of sub-section (3) or sub-section (3A), as the case may be, of that section, and subject to the conditions specified in that section; or (v ) the amount of profits eligible for deduction under

M/S. BHARAT ALUMINIUM COMPANY LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the appeals of the assessee are partly allowed for statistical purpose

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

depreciation is nil; or] (iv) the amount of profits eligible for deduction under section 80HHC , computed under clause (a) or clause (b) or clause (c ) of sub-section (3) or sub-section (3A), as the case may be, of that section, and subject to the conditions specified in that section; or (v ) the amount of profits eligible for deduction under

M/S. BHARAT ALUMINIUM COMPANY LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the appeals of the assessee are partly allowed for statistical purpose

Bench: Sh. Saktijit Deydr. B. R. R. Kumar

depreciation is nil; or] (iv) the amount of profits eligible for deduction under section 80HHC , computed under clause (a) or clause (b) or clause (c ) of sub-section (3) or sub-section (3A), as the case may be, of that section, and subject to the conditions specified in that section; or (v ) the amount of profits eligible for deduction under

ADIT (E), NEW DELHI vs. FORTUNE SOCIETY FOR DEVELOPMENT AND PROMOTION OF INTERNATIONAL BUSINESS, NEW DELHI

In the result ground No. 2

Bench: Shri I.C.Sudhir & Shri Prashant Maharishiadit(E), Vs. Fortune Society For Tc-Ii, New Delhi Development & Promotion Of International Business, G-4, Community Centre, Naraina Vihar, New Delhi Pan:Aaatf0849L (Appellant) (Respondent)

45) defining 'total income’, and computation of 'income’ in terms of section 11 of the Act. Referring to the scheme of section 11, he would contend that the provisions thereof constituted a complete code which took into account the application of depreciation