M/S. APPOLLO TYRES LTD vs. THE ASSISTANT COMMISSIONER OF INCOME TAX

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR.JUSTICE VIJU ABRAHAM

set aside the following observation in the order of the Tribunal: “However, foreign exchange fluctuation related to the interest portion is to be treated as revenue receipt which shall be brought to tax. Being so, this ground of the assessee is partly allowed.” As indicated above, the question is answered in favour of the assessee and against the Revenue. I.T.A

THE COMMISSIONER OF INCOME TAX-1, KOCHI vs. M/S.COCHIN MALABAR ESTATES & INDUSTRIES LTD.

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR.JUSTICE BASANT BALAJI

loss of Rs.3,11,96,323/-. On 28.10.1997 income tax return was processed and a refund of Rs.6,08,136/- was ordered in favour of the assessee. Subsequently, scrutiny notice under Section 143(2) of the Act was issued to the assessee. The Assessing Officer, in the scrutiny assessment, examined the sale of schedule property by MoA dated 01.12.1995 read

M/S.APOLLO TYRES LTD. vs. THE DEPUTY COMMISSIONER OF INCOME TAX

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

setting up an entirely new case invoking the doctrine of lifting the corporate veil without any supporting facts and evidence on record and without any such finding recorded by the assessing officer. 3. Whether on the facts and in the circumstances of the case the very basis adopted by the Tribunal for confirming the disallowance namely that the acquisition

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S. APOLLO TYRES LTD

Appeal is allowed in part as indicated

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR.JUSTICE VIJU ABRAHAM

capital loss had been claimed as business loss. Hence, the reliance of the assessee on the order of the ITAT for A.Y. 2002-03 in totally misplaced as the facts were totally different in A.Y.2002-03. 11.4 The investment was made by the assessee in a separate juridical corporate entity. The transaction between the two distinct, separate legal entities are subject

THE COMMISSIONER OF INCOME TAX vs. PREMIER TYRES LTD.

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

setting off the brought forward unabsorbed losses of the preceding assessment years against the current years by computing income of Rs.6,61,75,914/- received from ATL as income from business. On 30.12.1998, the assessment was completed under section 143(3). The assessment was completed by treating the lease rent received from Apollo Tyres Ltd. amounting to Rs.6

THE COMMISSIONER OF INCOME TAX, vs. PTL ENTERPRISES LIMITED,

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

setting off the brought forward unabsorbed losses of the preceding assessment years against the current years by computing income of Rs.6,61,75,914/- received from ATL as income from business. On 30.12.1998, the assessment was completed under section 143(3). The assessment was completed by treating the lease rent received from Apollo Tyres Ltd. amounting to Rs.6

THE COMMISSIONER OF INCOME TAX vs. PREMIER TYRES LTD.

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

setting off the brought forward unabsorbed losses of the preceding assessment years against the current years by computing income of Rs.6,61,75,914/- received from ATL as income from business. On 30.12.1998, the assessment was completed under section 143(3). The assessment was completed by treating the lease rent received from Apollo Tyres Ltd. amounting to Rs.6

TRAVANCORE SUGARS AND CHEMICALS LTD vs. DEPUTY COMMSSR;INCOME TAX,C-I,THIRUVALLA

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS,HONOURABLE MR.JUSTICE BASANT BALAJI

gains from business or property. The Calcutta High Court affirmed the 9 (1928) ILR 55 Cal 1057 ITA Nos.11/2008, 12/2008, 279/2010, 282/2010, 292/2010 -23- question "whether on the facts and in the circumstances of the case, the sums received as salami by the assessee for granting sub-leases were trading receipts in its hands and the amount of profit therein

TRAVANCORE SUGARS AND CHEMICALS LTD. vs. COMMISSIONER OF INCOME TAX

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS,HONOURABLE MR.JUSTICE BASANT BALAJI

gains from business or property. The Calcutta High Court affirmed the 9 (1928) ILR 55 Cal 1057 ITA Nos.11/2008, 12/2008, 279/2010, 282/2010, 292/2010 -23- question "whether on the facts and in the circumstances of the case, the sums received as salami by the assessee for granting sub-leases were trading receipts in its hands and the amount of profit therein