MAHARANA MILLS PVT. LTD. vs. INCOME TAX TRIBUNAL, AHMEDABAD & ORS

In the result, the appeal fails and is dismissed

section 10(5)(b) of the said Act". For the assessment year 195 1-52 the respondent was assessed for the first time under the Indian Income-tax Act, and basing its claim on paragraph 2 of the aforesaid Order it asked for depreciation allowance in respect of its assets http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 10

MADHAV PRASAD JATIA vs. COMMISSIONER OF INCOME TAX, U.P., LUCKNOW

section 10(2) (iii) and 10(2) (xv) and disallowed the claim for deduction under these provisions principally on the ground

THE SOUTH INDIAN BANK LTD. vs. THE COMMISSIONER OF INCOME TAX

Bench: HON'BLE MR. JUSTICE HRISHIKESH ROY

disallowance under Section 14A is not warranted, in absence of clear identity of funds. 10. The decision of the ITAT

SMITH KLINE & FRENCH [INDIA] LTD.ETC. vs. COMMISSIONER OF INCOME TAX

disallowed if it falls inter-alia within sub-clause (ii) of clause (a) of Section 40. The question, therefore, is whether the tax levied under the Companies Profits (Surtax) Act, 1964 falls within the mischief of said sub-clause. We think it does. The preamble to the Surtax Act says that it is "an Act to impose a surtax

COMMISSIONER OF INCOME TAX vs. MAHENDRA MILLS

The appeal is dismissed

10 of 21 In CIT vs. Shri Someshwar Sahakari Sakhar Karkhana Ltd. [(1989) 177 ITR 443 (Bom.)] two issues were raised. One issue was whether the assessee had a choice in the matter of claiming a deduction on account of depreciation and the second issue was whether, having claimed in the original return, the Income-tax Officer was entitled

COMMISSIONER OF INCOME-TAX, KERALA, ERNAKULAM vs. TRAVANCORE SUGAR & CHEMICALS LTD

section 10(2)(xv) of the Act. The claim was disallowed by the Income Tax Officer and the Appellate Assistant

THE COMMISSIONER OF INCOME-TAX, BOMBAY CIRCLE II vs. THE NATIONAL SYNDICATE, BOMBAY

disallowed this deduction, holding that the loss was of a capital nature, and that inasmuch as the business of the respondent was not carried on after August 1945 s. 10(2)(vii) was not applicable. This order of assessment was confirmed by the Appellate Assistant Commissioner, who also held that the loss represented capital loss, as the machines

COMMR. OF INCOME TAX, MADRAS vs. BRAKES INDIA LTD., MADRAS

Accordingly fails and is dismissed

disallowed the balance of Rs. 15,376. The Appellate Assistant Commissioner, however, allowed the assessee’s appeal holding that inasmuch as the salary of the foreign technical director was exempt from tax under section 10

M/S. W. T. SUREN & CO. LTD. vs. THE COMMISSIONER OF INCOME TAX. BOMBAY

10(2) (xv) of the Indian Income-tax Act in the computation of taxable profits (omitting parts of the clause not material) "any expenditure laid out or expended wholly and exclusively for the purpose of such business, profession or vocation", i.e., business, profession or vocation carried on by the assessee, is a permissible allowance. But to be a permissible allowance

SHREE CHOUDHARY TRANSPORT CO. vs. INCOME TAX OFFICER

Bench: HON'BLE MR. JUSTICE DINESH MAHESHWARI

disallowed by the Ld. AO. The Ld. AO rightly invoked the provisions of Section 40(a)(ia) of the Act. Therefore, on the given facts as also in law, the ground of appeal fails.” 10

ASSAM BENGAL CEMENT CO. LTD. vs. THE COMMISSIONER OF INCOME-TAX,WEST BENGAL

disallowed as being expenditure of a capital nature and so not allowable under section 10(2) (xv) of the Indian

COMMISSIONER OF INCOME-TAX BOMBAY vs. MAHARASHTRA SUGAR MILLS LTD. BOMBAY

In the result this appeal fails and the same is dismissed

section 10 ,only one business and the net profits of the business have to be ascertained by pooling together the profits ,earned in all the, branches and deducting therefrom all the expenses. The fact that some of the branches are in foreign territories will make no difference in the position if the assessee is as in the present case resident

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

10 SCC 201 Civil Appeal No.2948 of 2023 etc. Page 29 of 91 f. The learned ASG also dealt with the services on tax and work contracts in the pre-GST regime. Relying upon the definition of “works contract” in Article 366 (29A)(b) of the Constitution, he submitted that what is taxed cannot be a taxation on the immovable

COMMISSIONER OF INCOME TAX WEST BENGAL - I, CALCUTTA. vs. ASSOCIATED ELECTRICAL INDUSTRIES (INDIA) PRIVATE LIMITED

In the result, we hold that the High Court is right in

Sections 10(2) (xv) and 10(4)(C). Company - Pension and Life Assurance Plan for employees Company contributing to premium - Plan rules amended to make direct payment of policy amount to members - Company having no control over money - Expenditure incurred on contribution by company to Plan - Whether an allowable deduction. HEADNOTE: The assessee, is a firm carrying on the business

EMPIRE JUTE CO. LTD. vs. COMMISSIONER OF INCOME TAX

Section 10(2) (xv) of the Act. HEADNOTE: Right from 1939, the demand of jute in the world market was rather lean and with a view to adjusting the production of the jute mills to the demand of the world market, various jute mills formed an Association styled as Indian Jute Mills Association and the appellant is one such member

M/S MUNJAL SALES CORPORATION vs. COMMR.OF INCOME TAX,LUDHIANA

10. On the above question of law, Mr. S. Ganesh, learned senior counsel appearing on behalf of assessee, contended that prior to 1.4.93, Section 40(b) referred to disallowances

COMMNR. OF INCOME TAX, MUMBAI vs. D.P. SANDU BROS CHEMBUR (P) LTD

disallowed by the Assessing Officer who held that the amount of Rs.35 lakhs was taxable as "income from other sources" under Section 10

CHECKMATE SERVICES P LTD vs. COMMISSIONER OF INCOME TAX-I

Bench: HON'BLE THE CHIEF JUSTICE

disallowances. In terms of this scheme, Section 40 (which too starts with a non- obstante clause overriding Sections 30-38), deals with what cannot be deducted in computing income under the head “Profits and Gains of Business and Profession”. Likewise, Section 40A(2) opens with a non-obstante clause and spells out what expenses and payments are not deductible