COMMISSIONER OF INCOME TAX vs. MAHENDRA MILLS

The appeal is dismissed

vii) amount on which depreciation is allowable total of items (ii) to (iv) exclusive of amounts relating to assets referred to in item (vi); (viii) rate of depreciation; (ix) total number of days worked to be furnished only if extra shift allowance is claimed; http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 6 of 21 (x) total number of days worked

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

The appeal is allowed without

vii) read with Section 36(2) of the Act were not fulfilled, the assessing officer 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

CHIEF COMMISSIONER OF CENTRAL GOODS AND SERVICE TAX vs. M/S SAFARI RETREATS PRIVATE LIMITED

Appeals are partly allowed in above terms

Bench: HON'BLE MR. JUSTICE ABHAY S. OKA

depreciation and ITC. 29. Now we come to sub-Section (4) of Section 16. Before the amendment made by the Finance Act, 2022, the sub-section read thus: “16. .. .. .. .. .. .. .. .. .. (4) A registered person shall not be entitled to take input tax credit in respect of any invoice or debit note for supply of goods or services or both after

M/S.VIRTUAL SOFT SYSTEMS LTD. vs. COMMISSIONER OF INCOME TAX, DELHI-I

vii) above, the Appellant was assessed at a loss of Rs. 11,02,255.00 (Rs. 69,15,757.00) \026 Rs. 80,18,012.00 = - Rs. 11,02,255.00) In this manner, the carry-forward loss of Rs. 15,53,487.72 originally claimed by the appellant was reduced to Rs. 11,02,225.00. By order dated nil September, 2002, the Deputy Commissioner

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

Appeals are disposed of with the aforementioned directions

VII, Delhi to exercise jurisdiction in respect of offices of the Income Tax Assessing Officer situate at Civil Lines (No. 114). 23. Before, however, adverting to the jurisdictional issue raised by the Assessee herein, we may consider the jurisdiction of the Commissioner of Income-tax to issue notice in terms of Section 263 of the Act. It provides

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

Bench: HON'BLE THE CHIEF JUSTICE

36 1996. All the trade bodies60 as well Bureau of Indian Standards are members of its governing council. 54. It was submitted that the revenue had granted exemptions to the assessee society under Section 12A and Section 10(23C)(iv) while issuing various certificates from time to time (from AY 1996-1997 to 2007-2008); therefore, it had accepted that

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

vii); 72A; 72AB, etc. 20 the transferee was in existence, vis-à-vis the transfer to the transferee company); carry forward of loss, depreciation, all bear out that under the Act, (a) the business-including the rights, assets and liabilities of the transferor company do not cease, but continue as that of the transferor company; (b) by deeming fiction- through

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

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

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

36 of 67 situated in Delhi as well as the jurisdiction of the AO in Delhi. The findings shall be referred to hereinbelow. The findings recorded by the AO have been upheld by the CIT(A), which are also against the respective assessees. However, the ITAT reversed the order passed by the CIT(A), which order has been reversed

M/S. SARAF EXPORTS vs. COMMISSIONER OF INCOME TAX, JAIPUR - III

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

VII, New Delhi, (2012) 3 SCC 611 and Nissan Export Vs. Commissioner of Income Tax, (2014) 14 SCC 152. 3.8 It is submitted that, therefore, and in view of the development of law in Meghalaya Steels Limited (supra) and the Topman Exports (supra) DEPB / Duty Drawback CIVIL APPEAL NO. 4822 OF 2022 Page 7 of 36 are “profits and gains

THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 11 (1) BANGALORE vs. M/S ACE MULTI AXES SYSTEMS LTD

Appeals are disposed of in the same terms

Bench: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL

36:21 IST Reason: Signature Not Verified 2 “When once the eligible business of an assessee is given the benefit of deduction under Section 80 IB on the assessee satisfying the conditions mentioned in sub-sec. (2) of Section 80 IB, can the assessee be denied the benefit of the said deduction on the ground that during the said

COMMISSIONER OF SERVICE TAX vs. M/S ADANI GAS LTD

The appeal is allowed in the above terms

Bench: HON'BLE THE CHIEF JUSTICE

vii) Amounts collected under the head of “gas connection charges” are mainly in the nature of interest-free security deposits, which are required to be refunded in part, or in full, depending on the duration of the contract which determines depreciation. They are not collected as a consideration for providing a service; and under Article