TEA ESTATE INDIA (P) LTD. vs. COMMISSIONER OF INCOME-TAX

capital gain under section 12B of TT Co. for the assessment year 1949-SO, no other amount could be included in the computation of the accumulated profits available for distribution under section 2(6A) (c) of the Act. The Income-tax officer rejected this 149

K.M. SHARMA vs. INCOME TAX OFFICER, WARD 13(7),NEW DELHI

The appeal is allowed

capital gains tax was not leviable but tax was leviable on interest earned on the amount awarded on year to year basis. 4. The appellant through counsel sent a letter dated 17.9.1993 informing the ITO that he had received interest amount of Rs.76,84,829/- and interest accrued from year to year was assessable in each year. Year-wise break

M.M. AQUA TECHNOLOGIES LTD. vs. COMMISSIONER OF INCOME TAX, DELHI - III

Appeals are allowed in the aforesaid terms

Bench: HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

149 convertible debentures of ‘100 each, amounting to 3,00,14,900/- in lieu of the outstanding amount”, the Delhi High Court set out the reasoning of the ITAT in some detail and then the arguments of counsel for the Appellant and Respondent. In para 8, the judgment then set out Section 43B with Explanation 3C, which was inserted

CHALLAPALLI SUGAR LTD. vs. THE COMMISSIONER OF INCOME TAX, A.P. HYDERABAD

Gains of business, profession or Vocation" or "Income from other sources". The serving clause contained in section 5 of the amending Act provided "Where, before the 15th day of July, 1972 being the date on which the Income-tax http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 14 (Amendment) Ordinance, 1972 came into force, the Supreme Court

PARASHURAM POTTERY WORKS CO. LTD. vs. INCOME TAX OFFICER, CIRCLE-1, WARD 'A', RAJKOT,GUJARAT

capital assets in ques- tion during the previous years. Under section 10 of the 1922 Act an assessee is liable to pay tax under the head "Profits and Gains of Business, Profession or Vocation, carried on by him". Such profits or gains shall be computed after making a number of allowances. Those allowances included the allowances provided by section

M/S. MANGALAM PUBLICATIONS, KOTTAYAM vs. COMMISSIONER OF INCOME TAX, KOTTAYAM

Bench: This Court & On Leave Being Granted, Civil Appeals Have Been Registered. 3.

149. Under sub-Section (1)(b), no notice under Section 148 shall be issued in a case where an assessment under sub-section (3) of Section 143 or Section 147 has been made for such assessment year if seven years but not more than 10 years have elapsed from the end of the relevant assessment year unless the income chargeable

GARDEN SILK WEAVING FACTORY, SURAT vs. COMMISSIONER OF INCOME TAX,GUJARAT, AHMEDABAD

In the result, appeals for both the assessment years

gains chargeable being less than the allowance, then, subject to the provisions of sub-section (2) of section 72 and sub-section (3) of section 73, the allowance or part of the allowance to which effect has not been given, as the case may be, shall be added to the amount of the allowance for depreciation for the following previous

M/S MANGALORE GANESH BEEDI WORKS vs. COMMISSIONER OF INCOME TAX, MYSORE

The appeals are disposed of in the above terms

gains. The decision of the Tribunal has been accepted by the Revenue and we really see no reason why a different conclusion should be arrived at in so far as the Assessee is concerned. 27. The High Court denied any benefit to the Assessee under Section 35A and Section 35AB of the Act since it was held that what

SHRIMAND PADMARAJA R. KADAMBANDA, DHULIA vs. THE COMMNR. OF INCOME TAX, PUNE

149: "We think for all these reasons the interim mainte- nance allowances were taxable income. If a source had to be found for them, the Regulation had to be held the source. A case very near to the one in hand and a case that throws a great deal of light on the problem that faces us is Commissioners

ENGINEERING ANALYSIS CENTRE OF EXCELLENCE PRIVATE LIMITED vs. THE COMMISSIONER OF INCOME TAX

Bench: HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

section 30 of the Copyright Act, which transfers an interest in all or any of the rights contained in sections 14(a) and 14(b) of the Copyright Act, but is a “licence” which imposes restrictions or conditions for the use of computer software. Thus, it cannot be said that any of the EULAs that we are concerned with

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS) vs. AHMEDABAD URBAN DEVELOPMENT AUTHORITY

Bench: HON'BLE THE CHIEF JUSTICE

Section 12AA(1) of the IT Act, on 18.05.1979 and is engaged in the activity of promotion of the export of all kind of ready-made garments, knitwear, and garments made of leather, jute and hemp. It does not per se engage in any activity for profit, and its mandate is to ensure that Indian apparel manufacturers, are given forums

M/S PROGRESSIVE FINANCERS, MADRAS vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX,MADRAS-1, MADRAS,

capital. Against this order of the ITO the appellant preferred an appeal to the Appellate Assistant Commissioner. Following the decision of the Andhra Pradesh High Court in Addepally Nageswara Rao & Brothers vs. Commissioner of Income Tax, 79 ITR 306, the Appellant Assistant Commissioner held that the instrument of partnership was required to be construed harmoniously and as the minor