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12 results for “depreciation”+ Reopening of Assessmentclear

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Key Topics

Section 14713Section 14810Section 143(1)6Section 1435Depreciation5Reassessment5Section 2634Section 23Section 143(3)3Addition to Income

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

C.A. No.-008580-008582 - 2011Supreme Court23 Jan 2024

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

Section 143Section 147Section 148Section 260A

reopen past assessments. To allay such apprehensions, Parliament enacted the Direct Tax Laws (Amendment) Act, 1989 again amending Section 147 by re-introducing the expression “reason to believe”. Section 147 after the amendment carried out by the Direct Tax Laws (Amendment) Act, 1989 reads as under: 147. Income escaping assessment.—If the assessing officer has reason to believe that

COMMR.OF INCOME TAX,CHENNAI vs. M/S ALAGENDRAN FINANCE LTD

C.A. No.-003301-003301 - 2007Supreme Court27 Jul 2007
3
Deduction3
Section 11A2
For Respondent: M/s. Alagendran Finance Ltd
Section 143Section 148Section 263

depreciation allowance" in Section 147 after the conditions for reassessment are satisfied, is only relatable to the preceding expression in Clauses (a) and (b) viz., "escaped assessment". The term "escaped assessment" includes both "non- assessment" as well as "under assessment". Income is said to have "escaped assessment" within the http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 5 of 8 meaning

DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL) CIRCLE 1(2) vs. M/S M.R. SHAH LOGISTICS PVT. LTD

Appeal is allowed in these terms, without order on costs

C.A. No.-002453-002453 - 2022Supreme Court28 Mar 2022

Bench: HON'BLE THE CHIEF JUSTICE

Section 132Section 132(4)Section 143(1)Section 147

depreciation allowance or any other allowance or deduction for such assessment year (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year). Explanation.--For the purposes of assessment or reassessment or recomputation under this section, the Assessing Officer may assess or reassess the income in respect of any issue, which has escaped

NEW DELHI TELEVISION LTD vs. DEPUTY COMMISSIONER OF INCOME TAX

C.A. No.-001008-001008 - 2020Supreme Court03 Apr 2020

Bench: HON'BLE MR. JUSTICE L. NAGESWARA RAO

Section 142(1)Section 143Section 143(2)Section 148

depreciation allowance  or  any other allowance under this Act has been computed. (ca) where a return of income has not been furnished by the assessee or a return of income has been furnished by him and on the basis of information or document received   from   the   prescribed   income­tax   authority, under sub­section (2) of section 133C, it is noticed

ASSISTANT COMMISSIONER OF INCOME TAX vs. RAJESH JHAVERI STOCK BROKERS PVT.LTD

The appeal is allowed without

C.A. No.-002830-002830 - 2007Supreme Court23 May 2007
For Respondent: Rajesh Jhaveri Stock Brokers Pvt. Ltd
Section 139Section 142Section 143Section 143(1)Section 143(3)Section 147Section 148Section 36(1)(vii)Section 36(2)

reopened the assessment by issuing a notice in terms of Section 148 of the Act on the ground that it has reason to believe that the income assessable to tax had escaped assessment within the meaning of Section 147 of the Act. The respondent asked for the reason for re-opening the assessment. On 31.5.2004 a return of income declaring

KOTAK MAHINDRA BANK LIMITED vs. COMMISSIONER OF INCOME TAX BANGALORE

The appeal is allowed

C.A. No.-009720-009720 - 2014Supreme Court25 Sept 2023

Bench: HON'BLE MRS. JUSTICE B.V. NAGARATHNA

Section 10(15)Section 148Section 245CSection 245C(1)Section 271Section 32Section 80M

depreciation on the investments portfolio of the bank classified as permanent investments. 2.4. When matters stood thus, the concluded assessments for earlier assessment years were reopened

COMMR.OF INCOME TAX,SIMLA vs. M/S GREEN WORLD CORPORATION

Appeals are disposed of with the aforementioned directions

C.A. No.-003312-003312 - 2009Supreme Court06 May 2009
Section 133Section 133ASection 143(1)(a)Section 143(2)Section 80I

reopening the proceedings for the other Assessment Years apart from Assessment Year 2000-2001 also, subject of course to the law of limitation. 13. Feeling aggrieved by the said judgment and order dated 2.3.2006, Assessee filed two Review Petitions being Civil Review Nos. 15 and 16 of 2006. Civil Review No.14 of 2006 was also filed by the Income

COMMNR. OF INCOME TAX, DELHI vs. M/S. KELVINATOR OF INDIA LTD

C.A. No.-002009-002011 - 2003Supreme Court18 Jan 2010
Section 139Section 147

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year).” On going through the changes, quoted above, made to Section 147 of the Act, we find that, prior to Direct Tax Laws (Amendment) Act, 1987, re-opening

M/S. TECHNO SHARES & STOCKS LTD. vs. COMMISSIONER OF INCOME TAX-IV

C.A. No.-007780-007781 - 2010Supreme Court09 Sept 2010
Section 143(1)Section 147Section 148Section 32(1)(ii)

reopening of assessment under Section 147 was the claim of depreciation by the assessee on BSE membership card amounting to Rs. 23,65,000/-. The claim

KILLICK NIXON LTD., MUMBAI vs. DEPUTY COMNR. OF INCOME TAX,MUMBAI

In the result, we allow the appeal, set aside the judgment of the High

C.A. No.-002614-002614 - 2001Supreme Court25 Nov 2002
For Respondent: DEPUTY COMMISSIONER OF INCOME TAX, MUMBAI AND ORS
Section 142Section 142(1)Section 143(3)Section 87Section 90(1)Section 91Section 92

depreciation and interest, which together represented an amount of Rs. 32,84,153.00. http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 6 Pursuant to the order of the CIT (Appeal), the Assessing Officer made an order dated 25.9.1998 giving effect to the appellate order. The Assessing Officer determined the assessed income of the appellant

MANSAROVAR COMMERCIAL PVT. LTD. vs. COMMISSIONER OF INCOME TAX DELHI

C.A. No.-005769-005769 - 2022Supreme Court10 Apr 2023

Bench: HON'BLE MR. JUSTICE M.R. SHAH

Section 26Section 6(3)

reopening of the assessments; and 7. Interest By the impugned common judgment and order, the High Court has summarised the conclusion in paragraph 91 as under: (i) The Assessees, incorporated under the company law of Sikkim, are resident Indian companies. If any income accrued to them or was earned by them in India prior to 1st April 1990, then such

M/S. O.K. PLAY (INDIA) LTD. vs. COMMNR. OF CENTRAL EXCISE, NEW DELHI

C.A. No.-000275-000276 - 2001Supreme Court04 Feb 2005
For Respondent: Commissioner of Central Excise-II, New Delhi
Section 11ASection 2Section 35L

depreciation from the profit margin and accordingly, it was contended that the matter should be remitted to the Commissioner (Adjudication) for fresh determination on the question of valuation of the said powder. On the question of limitation, it was urged, that the assessee had maintained stock registers during the entire period; that these were audited; that they indicated pulverization