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

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

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(6)(vii), the provision

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 Before

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

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(3) read

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

.M. SALGAOCAR & BORS. VS COMMISSIONER OF INCOME TAX

Accordingly Civil Appeal No. 657 of 1994 is allowed and Civil Appeal Nos

disallowance under Section 40A(5) of the Act. High Court said that the Section was admittedly applicable only where the assessee incurred expendi-ture which resulted directly or indirectly in the payment of any salary or in the provisions of any perquisite (whether convertible into money or not) to its employees. It was nobody’s case that in providing interest

THE BANK OF RAJASTHAN LTD. vs. COMMISSIONER OF INCOME TAX

Appeals are dismissed

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

disallowed it under the income under   the   head   “interest   on   securities”.     The   Appellate Tribunal confirmed the view. This Court, in paragraphs nos. 3 to 7, held thus:  “3. Learned counsel for the Revenue argued that the   income   from   business   and   securities   fell under different heads, namely, Section 10 and Section

SHAH ORIGINALS vs. COMMISSIONER OF INCOME TAX 24 MUMBAI

Bench: HON'BLE MR. JUSTICE S.V.N. BHATTI

10 crores and as the assessee did not fulfil the conditions set out in the third proviso to Section 80-HHC(3), the assessee was not entitled to a deduction under Section 80-HHC on the amount received on transfer of DEPB and with a view to get over this difficulty the assessee was contending that the profits

PR. COMMISSIONER OF INCOME TAX 6 vs. KHYATI REALTORS PVT. LTD

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

Bench: HON'BLE THE CHIEF JUSTICE

disallowed by Explanation to Section 36(1)(vii), if claimed, has got to be added back to the total income of the assessee because the said Act seeks to tax the “real income” which is income computed according to ordinary commercial principles but subject to the provisions of the IT Act. Under Section 36(1)(vii) read with the Explanation

SHARP BUSINESS SYSTEM THR. FINANCE DIRECTOR MR. YOSHIHISA MIZUNO vs. COMMISSIONER OF INCOME TAX-III N.D

The appeals are hereby disposed of in terms of

Bench: HON'BLE MR. JUSTICE MANOJ MISRA

10 years. Assessee paid Rs. 180 crores as non-compete fee to M/s. Pentamedia Graphics Limited. 9.2. Assessing officer vide the assessment order dated 30.03.2005 rejected capitalisation of non-compete fee as well as disallowed the claim of depreciation. 9.3. Assessee preferred appeal before CIT(A), Chennai. CIT(A) vide the order dated 27.02.2006 held that the assessee could

DIRECTOR OF INCOME TAX (IT)-I, MUMBAI vs. M/S. AMERICAN EXPRESS BANK LTD

Bench: HON'BLE MR. JUSTICE J.B. PARDIWALA

disallowance can be made under section 44C in the facts and circumstances of this case. That section 44C applies only when a foreign company operates through its branches in India is made clear even in the explanatory note appended to the Finance Bill, 1976. [...] The difficulties of the nature as stated in the said memorandum as well

KERALA STATE BEVERAGES MANUFACTURING AND MARKETING CORPORATION LIMITED vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1(1)

Accordingly, the civil appeal filed by the assessee is dismissed

Bench: HON'BLE MR. JUSTICE R. SUBHASH REDDY

Section 40(a)(iib) as such same is not an amount which can be disallowed under the said provision. 10. Sri Ganesh

PRAKASH COTTON MILLS PRIVATE LIMITED vs. THE COMMISSIONER OF INCOME TAX(CENTRAL)

In the result, we allow that appeal partly and remit the

disallowed even though the said expenditure was less than the expenditure allowable under Section 37(2) of the I.T. Act? 4. Whether there was any evidence or material before the Tribunal to hold that the expenditure to the extent of Rs.2,500 at Diners Club and C.C.I. was not laid wholly and exclusively for the purposes of business

COMMISSIONER OF INCOME TAX 5 MUMBAI vs. M/S. ESSAR TELEHOLDINGS LTD. THROUGH ITS MANAGER

Bench: HON'BLE MR. JUSTICE A.K. SIKRI

Section 10(23G) was considered by the A.O.   for   the   purpose   of   disallowance   U/S.14A.     Hence, 4 proportionate   interest   relating

KOTAK MAHINDRA BANK LIMITED vs. COMMISSIONER OF INCOME TAX BANGALORE

The appeal is allowed

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

disallowance of depreciation on 26 assets claimed to be leased. b) Treatment of bonus payments to employees. c) Treatment of share issue expenses. d) Treatment of depreciation on permanent assets and securities. iii. The Commission’s order dated 11.12.2000, makes multiple references to the Report of the Commissioner, as required under Section 245D (1). Therefore, we find no substance