KAUSHAL INFRAPROJECT INDUSTRIES INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

Bench: : Shri Bhavnesh Saini & Dr. B.R.R. Kumar

House Pvt. Ltd., 117 ITR 569 held that “before applying the provisions of Section 40A(2), A.O. should have proved expenditure is excessive or unreasonable.” In the absence of any such finding by the A.O, there was no justification to disallow salary. The A.O. did not doubt the salary paid to the employees which is paid through banking channel

KAUSHAL INFRAPROJECT INDUSTRIES INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

Bench: : Shri Bhavnesh Saini & Dr. B.R.R. Kumar

House Pvt. Ltd., 117 ITR 569 held that “before applying the provisions of Section 40A(2), A.O. should have proved expenditure is excessive or unreasonable.” In the absence of any such finding by the A.O, there was no justification to disallow salary. The A.O. did not doubt the salary paid to the employees which is paid through banking channel

THE PR. COMMISSIONER OF INCOME TAX-4 vs. GE MONEY FINANCIAL SERVICES PVT. LTD.

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE NAJMI WAZIRI

Housing Organization Vs. Sumangal Sevices (P) Ltd., (2004) 9 SCC 619. (xii)Commissioner of Customs (Imports) Vs. Tullow India Operation Ltd., (2005) 13 SCC 789. (xiii)Surya Prakash Vs. State of Rajasthan, 2012 SCC OnLine Raj 1606. (xiv)Devendra Kumar Vs. State of Uttaranchal & Ors., (2013) 9 SCC 363. SUBMISSIONS ON BEHALF OF RESPONDENT Nos. 1 & 2 – UNION OF INDIA

PRINCIPAL COMMISSIONER OF INCOME TAX-4 vs. GOMANTAK EXIMIS LTD.,

Bench: HON'BLE MR. JUSTICE YASHWANT VARMA,HON'BLE MR. JUSTICE RAVINDER DUDEJA

property would be exempt from taxation since it constituted a sale of agricultural land and would thus not fall within the ambit of the expression ‘capital asset’ as defined by Section 2(14) of the Act. Before us, it was not disputed that the land constituted rural agricultural land and would not fall within the scope of Section 2(14

COMMISSIONER OF INCOME TAX vs. ANKITECH PVT LTD

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE M.L. MEHTA

14 of the Act stipulates various heads of income, one of them being ―Income from Other Sources‖. As per Section 56 of the Act, dividend income is to be included under this head, viz., ―Income from Other Sources‖. Thus, the amount of dividend received by the shareholders is to be treated as income which is to be taxed under head

CIT vs. SELECT HOLIDAY RESORTS PVT LTD

The appeals stand disposed of as above

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE R.V.EASWAR

14 of38 0 0 0 0 0 The law prior to insertion of Section 14A 12. Prior to the introduction of section 14A in the said Act, the position in law was as laid down by the Supreme Court in CIT v. Maharashtra Sugar Mills Ltd: 82 ITR 452 (SC) and Rajasthan State Warehousing Corporation

CIT vs. SELECT HOLIDAY RESORTS PVT LTD

The appeals stand disposed of as above

14 of38 2011:DHC:13239-DB 0 0 0 0 0 The law prior to insertion of Section 14A 12. Prior to the introduction of section 14A in the said Act, the position in law was as laid down by the Supreme Court in CIT v. Maharashtra Sugar Mills Ltd: 82 ITR 452 (SC) and Rajasthan State Warehousing Corporation

M/S EICHER GOODEARTH LTD

The appeals stand disposed of as above

house properties or different securities, etc., and income from one or more items alone is taxable whereas income from the other item is exempt under the Act, the entire permissible expenditure in earning the income from that head is deductible; and (iii) in computing "profits and gains of business or profession" when an assessee is carrying on business in various

M/S EICHER GOODEARTH LTD

The appeals stand disposed of as above

house properties or different securities, etc., and income from one or more items alone is taxable whereas income from the other item is exempt under the Act, the entire permissible expenditure in earning the income from that head is deductible; and (iii) in computing "profits and gains of business or profession" when an assessee is carrying on business in various

THE COMMISSIONER OF INCOME TAX vs. HCL PEROT SYSTMES LTD.

The appeals stand disposed of as above

house properties or different securities, etc., and income from one or more items alone is taxable whereas income from the other item is exempt under the Act, the entire permissible expenditure in earning the income from that head is deductible; and (iii) in computing "profits and gains of business or profession" when an assessee is carrying on business in various

M/S EICHER GOODEARTH LTD

The appeals stand disposed of as above

house properties or different securities, etc., and income from one or more items alone is taxable whereas income from the other item is exempt under the Act, the entire permissible expenditure in earning the income from that head is deductible; and (iii) in computing "profits and gains of business or profession" when an assessee is carrying on business in various

M/S EICHER GOODEARTH LTD

The appeals stand disposed of as above

house properties or different securities, etc., and income from one or more items alone is taxable whereas income from the other item is exempt under the Act, the entire permissible expenditure in earning the income from that head is deductible; and (iii) in computing "profits and gains of business or profession" when an assessee is carrying on business in various

M/S EICHER GOODEARTH LTD

The appeals stand disposed of as above

house properties or different securities, etc., and income from one or more items alone is taxable whereas income from the other item is exempt under the Act, the entire permissible expenditure in earning the income from that head is deductible; and (iii) in computing "profits and gains of business or profession" when an assessee is carrying on business in various

M/S EICHER GOODEARTH LTD

The appeals stand disposed of as above

house properties or different securities, etc., and income from one or more items alone is taxable whereas income from the other item is exempt under the Act, the entire permissible expenditure in earning the income from that head is deductible; and (iii) in computing "profits and gains of business or profession" when an assessee is carrying on business in various

M/S EICHER GOODEARTH LTD

The appeals stand disposed of as above

house properties or different securities, etc., and income from one or more items alone is taxable whereas income from the other item is exempt under the Act, the entire permissible expenditure in earning the income from that head is deductible; and (iii) in computing "profits and gains of business or profession" when an assessee is carrying on business in various

M/S EICHER GOODEARTH LTD

The appeals stand disposed of as above

house properties or different securities, etc., and income from one or more items alone is taxable whereas income from the other item is exempt under the Act, the entire permissible expenditure in earning the income from that head is deductible; and (iii) in computing "profits and gains of business or profession" when an assessee is carrying on business in various

COMMISSIONER OF INCOME TAX vs. VOU INVESTMENT LTD.

The appeals stand disposed of as above

house properties or different securities, etc., and income from one or more items alone is taxable whereas income from the other item is exempt under the Act, the entire permissible expenditure in earning the income from that head is deductible; and (iii) in computing "profits and gains of business or profession" when an assessee is carrying on business in various

M/S EICHER GOODEARTH LTD

The appeals stand disposed of as above

house properties or different securities, etc., and income from one or more items alone is taxable whereas income from the other item is exempt under the Act, the entire permissible expenditure in earning the income from that head is deductible; and (iii) in computing "profits and gains of business or profession" when an assessee is carrying on business in various