ASSISSTANT COMMISSIONER OF INCOME TAX, AJMER vs. SHREE CEMENT LTD, BEAWAR

Accordingly, the same is dismissed

depreciable asset is liable to be excluded from calculation of deemed profits under section 115JA - Held, yes.” (i)In ITO v. Suraj Jewellery (India) Ltd. [2008] 21 SOT 79 (Mum.), Mumbai Tribunal again held that capital receipts which do not constitute income under the Act cannot be brought to tax net by employing the mechanism of section 115JB. The Tribunal

SHREE CEMENT LIMITED,BEAWAR vs. DEPUTY COMMISSIONER OF INCOME TAX, AJMER

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

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

1 SCC 85 15. Sub-s. (5) which says that save as otherwise provided in this section. Similar provision was incorporated in sub-s. (4) of s. 115JA which is the predecessor of s. 115JB. But absent in s. 115J which preceded s. 115JA. This peculiar provision raised a controversy as to the legal implication of insertion

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DEPUTY COMMISSIONEROF INCOME TAX, CIRCLE -2, AJMER, AJMER

In the result, the appeal of the Revenue in ITA No

Bench: or at the time of hearing of this appeal.

depreciable asset is liable to be excluded from calculation of deemed profits under section 115JA - Held, yes.” (i) In ITO v. Suraj Jewellery (India) Ltd. [2008] 21 SOT 79 (Mum.), Mumbai Tribunal again held that capital receipts which do not constitute income under the Act cannot be brought to tax net by employing the mechanism of section 115JB. The Tribunal

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, the appeal of the Revenue in ITA No

Bench: or at the time of hearing of this appeal.

depreciable asset is liable to be excluded from calculation of deemed profits under section 115JA - Held, yes.” (i) In ITO v. Suraj Jewellery (India) Ltd. [2008] 21 SOT 79 (Mum.), Mumbai Tribunal again held that capital receipts which do not constitute income under the Act cannot be brought to tax net by employing the mechanism of section 115JB. The Tribunal

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT ASSESSMENT CENTRE, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, AJMER, AJMER

depreciable asset is liable to be excluded from calculation of deemed profits under section 115JA - Held, yes.”\n(i) In ITO v. Suraj Jewellery (India) Ltd. [2008] 21 SOT 79 (Mum.), Mumbai Tribunal again held that capital receipts which do not constitute income under the Act cannot be brought to tax net by employing the mechanism of section 115JB

ASSISSTANT COMMISSIONER OF INCOME TAX, AJMER vs. SHREE CEMENT LTD, BEAWAR

depreciable asset is liable to be\nexcluded from calculation of deemed profits under section\n115JA - Held, yes.”\n(i)In ITO v. Suraj Jewellery (India) Ltd. [2008] 21 SOT 79 (Mum.),\nMumbai Tribunal again held that capital receipts which do not\nconstitute income under the Act cannot be brought to tax net by\nemploying the mechanism of section 115JB

PARIS ELYSEES INDIA PVT. LTD.,JAIPUR vs. DCIT, CIRCLE-7, JAIPUR

Bench: Him Against The Order Dated 05.12.2019 Passed Under Section 147/143(3) Of The Income Tax Act, [ For Short “Act” ] By Acit, Circle-07, Jaipur.

depreciation on power plant and windmill, and the claim of deduction u/s 43B were examined in the course of original assessment proceedings u/s 143(3) of the Act. It was further submitted that when the AO in the original assessment proceeding has examined both the issues, the issuance of notice u/s 148 on those very issues is only on account

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -2, AJMER, AJMER

section 115J which preceded sec 115JA. This peculiar \nprovision raised a controversy as to the legal implication of insertion \nof sub-sec (5) and sub-sec (4) in sec 115JB and 115JA respectively. \nThis legal issue has been considered by Mumbai Bench of the \nTribunal in the case of ITO v. Frigsales (India