M/S T T K PRESTIGE LTD vs. THE UNION OF INDIA REPTD BY ITS FINANCE SECRETARY

Bench: The Hon’Ble Mr.Justice P.B. Bajanthri W.P. No.26037/2005 C/W W.P.No.4464/2007 & W.P.No.27087/2005(It)

31 “assessment” within its compass covers both the aspects carried out by the executive functionary. 14. Supreme Court in the case of G.K.Krishnan & Ors Vs. State of Tamil Nadu (1975) 1 SCC 375 wherein it is held that motive behind imposition of tax is immaterial. Giving wrong reason for imposition of tax does not derogate from validity

M/S FIDELITY BUSINESS SERVICES INDIA PVT LTD vs. ASSISTANT COMMISSIONER OF INCOME TAX

Bench: S.SUJATHA,VINEET KOTHARI

gains arising to such shareholder or the holder of other specified securities, as the case may be, in the year in which such shares or other specified securities were purchased by the company. Explanation: For the purposes of this section, “specified securities” shall have the meaning assigned to it in Explanation to section 77A of the Companies

AZIM PREMJI TRUSTEE COMPANY PVT LTD vs. DEPUTY COMMISSIONER OF INCOME TAX

In the result, I pass the following:-

Bench: The Hon'Ble Mr.Justice S.R.Krishna Kumar

capital gain arising from the sale of Wipro shares, the A.O. was made fully aware of the sale price of Wipro shares. In any event, the market price of Wipro shares was completely in the public realm as it is a very well known and widely traded shares. Further, during the course of the 5 scrutiny assessment, the A.O specifically

COMMISSIONER OF INCOME TAX vs. M/S.WINTAC LTD.,

The appeal is allowed in part

Bench: B.MANOHAR,DILIP B.BHOSALE

31 “We have carefully considered the relevant facts and the arguments advanced. In this case, it is to be seen that the computation is to be made for sale of shares held as capital asset. Hence what is applicable is section 48 of the Act. As per section 48, the capital gain is to be computed after reducing the cost

THE COMMISSIONER OF INCOME TAX vs. M/S.KURUHINSHETTY URBAN CO- OPERATIVE

In the result, the above questions are answered in favour

Bench: ANAND BYRAREDDY,S.SUJATHA

gains of business attributable to any one or more of such activities. 16 Section 80P(4) which came to be introduced in the statute by the Finance Act, 2006, with effect from 1.4.2007, reads as under: 80P(4) The provisions of this section shall not apply in relation to any co-operative bank other than a primary agricultural credit society

THE COMMISSIONER OF INCOME TAX vs. THE MERCANTILE CO-OPERATIVE

In the result, the above questions are answered in favour

Bench: ANAND BYRAREDDY,S.SUJATHA

gains of business attributable to any one or more of such activities. Section 80P(4) which came to be introduced in the statute by the Finance Act, 2006, with effect from 1.4.2007, reads as under: 80P(4) The provisions of this section shall not apply in relation to any co-operative bank other than a primary agricultural credit society

THE COMMISSIONER OF INCOME TAX vs. SHRI BRAMHANATH CREDIT SOUHARD

In the result, the above questions are answered in favour

Bench: ANAND BYRAREDDY,S.SUJATHA

gains of business attributable to any one or more of such activities. Section 80P(4) which came to be introduced in the statute by the Finance Act, 2006, with effect from 1.4.2007, reads as under: 80P(4) The provisions of this section shall not apply in relation to any co-operative bank other than a primary agricultural credit society

THE COMMISSIONER OF INCOME TAX vs. THE MERCANTILE CO-OPERATIVE

In the result, the above questions are answered in favour

Bench: ANAND BYRAREDDY,S.SUJATHA

gains of business attributable to any one or more of such activities. Section 80P(4) which came to be introduced in the statute by the Finance Act, 2006, with effect from 1.4.2007, reads as under: 80P(4) The provisions of this section shall not apply in relation to any co-operative bank other than a primary agricultural credit society

THE COMMISSIONER OF INCOME TAX vs. SHRI SHIVABODHARANGA URBAN CO-OPERATIVE

In the result, the above questions are answered in favour

Bench: ANAND BYRAREDDY,S.SUJATHA

gains of business attributable to any one or more of such activities. Section 80P(4) which came to be introduced in the statute by the Finance Act, 2006, with effect from 1.4.2007, reads as under: 80P(4) The provisions of this section shall not apply in relation to any co-operative bank other than a primary agricultural credit society

THE COMMISSIONER OF INCOME TAX vs. M/S.KURUHINSHETTY URBAN CO OPERATIVE

In the result, the above questions are answered in favour

Bench: ANAND BYRAREDDY,S.SUJATHA

gains of business attributable to any one or more of such activities. Section 80P(4) which came to be introduced in the statute by the Finance Act, 2006, with effect from 1.4.2007, reads as under: 80P(4) The provisions of this section shall not apply in relation to any co-operative bank other than a primary agricultural credit society

THE COMMISSIONER OF INCOME TAX vs. SHRI BEERESHWAR CRDIT SOUHARD SAHAKARI LTD.,

In the result, the above questions are answered in favour

Bench: ANAND BYRAREDDY,S.SUJATHA

gains of business attributable to any one or more of such activities. Section 80P(4) which came to be introduced in the statute by the Finance Act, 2006, with effect from 1.4.2007, reads as under: 80P(4) The provisions of this section shall not apply in relation to any co-operative bank other than a primary agricultural credit society

THE COMMISSIONER OF INCOME TAX vs. THE ATHANI CO-OPERATIVE

In the result, the above questions are answered in favour

Bench: ANAND BYRAREDDY,S.SUJATHA

gains of business attributable to any one or more of such activities. Section 80P(4) which came to be introduced in the statute by the Finance Act, 2006, with effect from 1.4.2007, reads as under: 80P(4) The provisions of this section shall not apply in relation to any co-operative bank other than a primary agricultural credit society

THE COMMISSIONER OF INCOME TAX vs. THE ATHANI CO-OPERATIVE

In the result, the above questions are answered in favour

Bench: ANAND BYRAREDDY,S.SUJATHA

gains of business attributable to any one or more of such activities. Section 80P(4) which came to be introduced in the statute by the Finance Act, 2006, with effect from 1.4.2007, reads as under: 80P(4) The provisions of this section shall not apply in relation to any co-operative bank other than a primary agricultural credit society

THE COMMISSIONER OF INCOME TAX vs. SHRI MAHALAXMI URBAN CO-OPERATIVE

In the result, the above questions are answered in favour

Bench: ANAND BYRAREDDY,S.SUJATHA

gains of business attributable to any one or more of such activities. Section 80P(4) which came to be introduced in the statute by the Finance Act, 2006, with effect from 1.4.2007, reads as under: 80P(4) The provisions of this section shall not apply in relation to any co-operative bank other than a primary agricultural credit society

THE COMMISSIONER OF INCOME TAX vs. BEERESHWAR CREDIT SOUHARD SAHAKARI LTD.,

In the result, the above questions are answered in favour

Bench: ANAND BYRAREDDY,S.SUJATHA

gains of business attributable to any one or more of such activities. Section 80P(4) which came to be introduced in the statute by the Finance Act, 2006, with effect from 1.4.2007, reads as under: 80P(4) The provisions of this section shall not apply in relation to any co-operative bank other than a primary agricultural credit society

THE COMMISSIONER OF INCOME TAX vs. SHRI MAHATAMA BASAVESHWARA

In the result, the above questions are answered in favour

Bench: ANAND BYRAREDDY,S.SUJATHA

gains of business attributable to any one or more of such activities. Section 80P(4) which came to be introduced in the statute by the Finance Act, 2006, with effect from 1.4.2007, reads as under: 80P(4) The provisions of this section shall not apply in relation to any co-operative bank other than a primary agricultural credit society

THE COMMISSIONER OF INCOME TAX vs. BRAMHANATH CO-OPERATIVE CREDIT SOUHARD

In the result, the above questions are answered in favour

Bench: ANAND BYRAREDDY,S.SUJATHA

gains of business attributable to any one or more of such activities. Section 80P(4) which came to be introduced in the statute by the Finance Act, 2006, with effect from 1.4.2007, reads as under: 80P(4) The provisions of this section shall not apply in relation to any co-operative bank other than a primary agricultural credit society

THE COMMISSIONER OF INCOME TAX vs. SHRI SIDDHESHWAR CO-OPERATIVE

In the result, the above questions are answered in favour

Bench: ANAND BYRAREDDY,S.SUJATHA

gains of business attributable to any one or more of such activities. Section 80P(4) which came to be introduced in the statute by the Finance Act, 2006, with effect from 1.4.2007, reads as under: 80P(4) The provisions of this section shall not apply in relation to any co-operative bank other than a primary agricultural credit society