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

Bench: HON'BLE THE CHIEF JUSTICE

Section 12AA(1) of the IT Act, on 18.05.1979 and is engaged in the activity of promotion of the export of all kind of ready-made garments, knitwear, and garments made of leather, jute and hemp. It does not per se engage in any activity for profit, and its mandate is to ensure that Indian apparel manufacturers, are given forums

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

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

THE COMMISSIONER OF INCOME TAX JAIPUR vs. PRAKASH CHAND LUNIA (D) THR LRS

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

disallowable under Explanation 1 to Section 37(1). It is submitted that thus either way, neither can the Respondent- Assessee claim business loss due to him not being in the smuggling business nor can he claim business expenditure as the same is prohibited under Explanation 1 to Section 37(1). 3.6 Making above submissions and relying upon the above submissions

THE PRINCIPAL COMMISSIONER OF INCOME TAX III, BANGALORE vs. M/S WIPRO LIMITED

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

disallowed if the declaration was filed before the assessment was made. 4.10 Shri Ganesh, learned counsel appearing on behalf of the assessee has submitted that there are a large number of judgments dealing with other sections of the IT Act which expressly provide that a particular deduction would not be allowed if a particular report or certificate of declaration

THE COMMISSIONER OF INCOME TAX, BOMBAY. vs. M/S. INDIAN ENGG. & COM.CORP. P. LTD

Accordingly fail and are dismissed

disallowed. The Revenue preferred appeals before the Tribunal against the orders of the A.A.C., which appeals were dismissed by the Tribunal following its order dated August 25, 1973 relating to assessment years 1967-68 to 1968-70. The order dated August 25, 1973 dealt anter alia with the questions arising herein ind held the same against the Revenue. An application

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

10. Sri Ganesh, learned senior counsel appearing for the appellant by referring to Explanatory Note to the Finance Act, 2013, and Section 40(a)(iib)  of the Act,  has submitted  that  the  levy  of  gallonage  fees, licence fee and shop rental (kist) on FL­9 licence is not on any State Government Undertaking but same is a levy on the licensee

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

M/S DALMIA POWER LTD. vs. THE ASSISTANT COMMISSIONER OF INCOME TAX

Appeals are allowed

Bench: HON'BLE MS. JUSTICE INDU MALHOTRA

disallowed in the hands of Amalgamating Company and Transferor Company (relating to the Transferred Undertaking) respectively under the Income Tax Act, credit of tax under section 115JB read with section 115JAA of the   Income   Tax   Act,   credit   of   foreign   tax paid/withheld, if any, pertaining to Amalgamating Company and Transferor Company (relating to the Transferred   Undertaking)   as   may   be   required consequent

MODI INDUSTRIES LIMITED, MODINAGAR vs. COMMISSIONER OF INCOME-TAX, DELHI

The appeals are allowed in the above

10,000/- with effect from April 1, 1975 upto March 31, 1976, according to the Bombay/Allahabad view, whereas according to the Calcutta/Gujarat view, the assessee would be entitled to interest under Section 214 on the whole sum of Rs. 15,000/- with effect from April 1, 1975 upto March 31, 1977. This is the natural and logical consequence flowing from

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

section 10(2) (xv) of the Act. [756F-H, 757A] Commissioner of Income Tax, Bombay City II v. Bombay Samachar Ltd., Bombay, 74 ITR 723; Commissioner of Income Tax, Bombay City IV v. Kishinchand, 109 I.T.R. 569; distinguished. (d) Both the Tribunal as well as the High Court were right in taking the view that the certificate dated October

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

Bench: HON'BLE MR. JUSTICE HRISHIKESH ROY

5 of 22 expenditure is incurred for earning tax free income. Since actual expenditure figures are not available for making disallowance under Section 14A, the Assessing Officer worked out proportionate disallowance by referring to the average cost of deposit for the relevant year. The CIT (A) had concurred with the view taken by the Assessing Officer. 9. The ITAT

COMMR.OF INCOME TAX,NEW DELHI vs. M/S ELI LILLY & COMPANY (INDIA) P.LTD

10). 25. In the case of A.H. Wadia v. CIT reported in (1949) 17 ITR 63 the Federal Court held that so long as the statute (Income-tax Act, 1922) selected some fact or circumstance which provided some connection or nexus between the person who is subject to the tax and the country imposing the 32 tax, its validity would

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

section 2 of Sec. 10 is confined tothe payments wholly and exclusively laid out for the purpose of businessin which expenditure of a revenue nature would also be included along with the expenditure of various other categories. The contention that the said clause covers expenditure of both the capital and revenue nature and also payments wholly and exclusively laid

SHITAL FIBERS LTD. vs. COMMISSIONER OF INCOME TAX

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

disallowed. 7. The appeal preferred by the appellant against the said Order was dismissed by Commissioner of Income Tax (Appeals). In appeal preferred by the appellant before the ITAT, the appellant was unsuccessful. Thereafter, an appeal was 3 304 ITR 319 Civil Appeal No.14318 of 2015 etc. Page 3 of 20 preferred before the Punjab and Haryana High Court which

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

5 of the deed of the 14th November, 1938, were rightly disallowed as being expenditure of a capital nature and so not allowable under section 10

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

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

5 of 16 employees and could not, therefore, be held to be allowable deduction for the purpose of Section 10(2)(xv) of the 1922 Act. High Court referred to a number of judgments of other courts but it was the judgment of this Court which formed the base for the impugned decision and that was Commissioner of Income