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

Appeals are disposed of with the aforementioned directions

271 or under section 272A or an order passed by him under section 154 amending his order under section 263 or an order passed by a Chief Commissioner or a Director General or a Director under section 272A.” An appeal before the High Court would lie on a substantial question of law as provided for under Section 260A

KOTAK MAHINDRA BANK LIMITED vs. COMMISSIONER OF INCOME TAX BANGALORE

The appeal is allowed

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

sections of IPC, relating to the matters covered in the present order. Penalty u/s 271(1)(c) was levied by the Assessing Officer for AY 1997-98 in respect of non disclosure of lease rental as income. The penalty order is annulled considering that the non disclosure was on account of RBI guidelines and the 32 subsequent disclosure of additional

THE ASSTT. COMMISSIONER OF INCOME TAX vs. M/S. A.R. ENTERPRISES

271 OF 2013 (Arising Out of SLP (C) NO.7635 of 2008) J U D G M E N T D.K. JAIN, J. 1. Leave granted in all the Special Leave Petitions. 1 Page 2 JUDGMENT 2. This batch of six appeals, arises from separate judgments of the High Court of Madras in the appeals preferred by the revenue under Section

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

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

271 of the Act is CA 5769/2022 Etc. Page 32 of 67 concerned, the same is discretionary, however the interest is not discretionary. Therefore, for imposing penalty, principles of natural justice are required to be complied with, however in case of interest, the same being mandatory in nature and automatic there is no requirement of following principles of natural justice

COMMR.OF INCOME TAX-I,NEW DELHI vs. VATIKA TOWNSHIP P.LTD

Appeals of the assessees are allowed deleting the surcharge levied by the

depreciation under sub-section (2) of section 32 shall not be set off against the undisclosed income determined in the block assessment under this Chapter, but may be carried forward for being set off in the regular assessments. Civil Appeal No.________ of 2014 & connected matters Page 17 of 57 (arising out of S.L.P. (C) Nos. 540 of 2009) Page

JT.COMMR.OF INCOME TAX,SURAT vs. SAHELI LEASING & INDUSTRIES LTD

Appeals stand allowed as mentioned hereinabove but with

depreciation, the taxable income of the Assessee was NIL and hence, there was no tax liability. According to Assessee, in such a case no penalty under Section 271 (1) (c) could have been levied. 16. Deputy Commissioner of Income tax, Special Range-2, C.As. @ SLP (C) No. 5241 of 2007 etc…. (contd.) 7 Surat, on the basis of the discussion

PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) 2 vs. M/S MAHAGUN REALTORS (P) LTD

The appeal is allowed, in the above terms, without order on costs

Bench: HON'BLE THE CHIEF JUSTICE

depreciation, etc., are allowed to the transferee. Therefore, unlike a winding up, there is no end to the enterprise, with the entity. The enterprise in the case of amalgamation, continues. 31. In Maruti Suzuki (supra), the scheme of amalgamation was approved on 29.01.2013 w.e.f. 01.04.2012, the same was intimated to the AO on 02.04.2013, and the notice under Section

COMMNR. OF CUSTOMS (GENERAL), N. DELHI vs. GUJARAT PERSTORP ELECTRONICS LTD

The appeals are allowed

271, were correct. CEGAT proceeded to state that after a survey on the entire case law, the Larger Bench in Parasrampuria Synthetics Ltd. took the view that the law laid down by two-member Bench in Tractors & Farm Equipment Ltd. did not lay down correct law and accordingly overruled it. The decisions in other cases were correct and the said

COMMISSIONER OF INCOME TAX, KOLKATA vs. M/S. HOOGHLY MILLS CO. LTD

The appeal is allowed

depreciation on the sum under Section 32 of the Income Tax Act. The CIT (Appeal) as well as the tribunal allowed the assessee’s claim and their orders were upheld by the High Court by the impugned judgment. Learned counsel for the appellant contended in this appeal that the expenditure on the taking over the gratuity liability of the employees