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15 results for “disallowance”+ Section 195clear

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Key Topics

Section 41(1)13Deduction10Section 806Section 271(1)(c)4Depreciation3Disallowance3Section 122Section 60A2Section 35B2Section 10(2)(iii)

ENGINEERING ANALYSIS CENTRE OF EXCELLENCE PRIVATE LIMITED vs. THE COMMISSIONER OF INCOME TAX

C.A. No.-008733-008734 - 2018Supreme Court02 Mar 2021

Bench: HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

disallowance of the deduction under section 40(a)(ia) of the Income Tax Act, end up paying tax of a huge amount, way beyond the commission, resulting in extreme financial hardship. Thus, if section 195

NATIONAL PETROLEUM CONSTRUCTION COMPANY vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 2(2) INTERNATIONAL TAXATION NEW DELHI

Appeal is hereby allowed to the extent

C.A. No.-004964-004964 - 2022Supreme Court29 Jul 2022

Bench: HON'BLE MS. JUSTICE INDIRA BANERJEE

Section 143(1)Section 197

195 of the IT Act which pertains to the payment of tax deducted at source by non­residents. As per the provision of Section 197, if the assessing officer is satisfied that the total 29 income of the recipient justifies any lower rate or no deduction of income tax as the case may be, he shall issue a certificate

2
Section 10(2)(xv)2
TDS2

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

In the result, the appeal fails and is dismissed

- 0Supreme Court03 May 1989
For Respondent: INCOME TAX TRIBUNAL, AHMEDABAD & ORS
Section 12Section 13Section 60A

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

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

C.A. No.-005114-005114 - 2007Supreme Court25 Mar 2009
Section 133ASection 192(1)Section 201(1)Section 9(1)(ii)

195, the rate or rates of income-tax specified in this behalf in the Finance Act of the relevant year or the rate or rates of income- 23 tax specified in an agreement entered into by the Central Government under section 90, or an agreement notified by the Central Government under section 90A, whichever is applicable by virtue

RAMNATH AND CO. vs. THE COMMISSIONER OF INCOME TAX

C.A. No.-002506-002509 - 2020Supreme Court05 Jun 2020

Bench: HON'BLE MR. JUSTICE DINESH MAHESHWARI

Section 80

disallowed the claim for deduction by the appellant essentially with the finding that the appellant was merely a marine product procuring agent for the foreign enterprises, without any claim for expertise capable of being used abroad rather than in India and hence, the alleged services do not qualify as the ‘services rendered from India’, for the purpose of Section

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

C.A. No.-021762-021762 - 2017Supreme Court19 Oct 2022

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

ARAVINDA PARAMILA WORKS vs. COMMR. OF INCOME TAX

In the result, we uphold the view taken by the

C.A. No.-011366-011366 - 1995Supreme Court31 Mar 1999
For Respondent: COMMISSIONER OF INCOME TAX
Section 35BSection 35B(1)(b)

Section 35B(1)(b)(iv) of the Income Tax Act, 1961. The High Courts have taken divergent views. We are concerned with the Assessment Year 1981-82. The assessee manufactured agarbathis. It had exported agarbathis during the year under consideration. It had paid commission to agents outside India who had procured orders. It claimed weighted deduction under the afore-mentioned

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

C.A. No.-007115-007115 - 2005Supreme Court06 Feb 2007
For Respondent: Commissioner of Income Tax, Delhi-I
Section 260ASection 271(1)(c)Section 68

disallowed i.e. Rs. 10,28,462.00, Rs. 57,51,520.00 and Rs. 1,15,000.00. He concluded that by adding these figures the total amount of Rs. 68,94,982.00 was the income in respect of which inaccurate particulars had been furnished. The tax was computed at Rs. 31,71,692.00. It was held that the tax sought

SHREE MEENAKSHI MILLS LTD., MADURAI vs. COMMISSIONER OF INCOME-TAX, MADRAS

- 0Supreme Court19 Sept 1966
For Respondent: COMMISSIONER OF INCOME-TAX, MADRAS

disallowing the claim. Under s. 10(2)(xv) of the Indian Income-tax Act as amended by Act 7 of 1939 expenditure even though not directly related to the earning of income may still be admissible as a deduction. Expenditure on civil litigation commenced or carried on by an assessee for protecting the business is admissible as expenditure under

A. vs. . THOMAS & CO., LTD., ALLEPPEY VS THE COMMISSIONER OF INCOME-TAX,(BANGALORE) KERALA

In the result the appeal must fail and it is dismissed

- 0Supreme Court25 Oct 1962
For Respondent: THE COMMISSIONER OF INCOME-TAX,(BANGALORE) KERALA
Section 10(2)

195 1, which was the close of the year of account of the assessee company. For the assessment year 1952-33 the assessee company claimed a deduction of that amount as a bad debt actually written off, or alternatively as an Expenditure, not of a capital nature laid out or expended wholly and exclusively for the purpose of its business

M/S POLYFLEX (INDIA) PVT. LTD. vs. COMMISSIONER OF INCOME TAX, KARNATAKA

The appeal is dismissed without costs

C.A. No.-000823-000823 - 2001Supreme Court06 Sept 2002
For Respondent: COMMISSIONER OF INCOME TAX, KARNATAKA
Section 41(1)

disallowed the claim for the current year. Questioning the addition to the income of the relevant previous year, the assessee company filed writ petition which was allowed by the High Court. The facts of the case are quite close to Remeshwar Prasad’s case (supra). The following observations in the judgment may be noted as they clearly reveal the fact

COMMISSIONER OF INCOME TAX, HYD. vs. M/S. P.J. CHEMICALS LTD

In the result, we affirm the judgments of the High Courts which have

C.A. No.-002474-002474 - 1991Supreme Court14 Sept 1994
For Respondent: P.J. CHEMICALS LTD. ETC
Section 256Section 43(1)

disallowances of the items in this capitalisation and .a ratio of 80:20 was accepted as the formula for ascertaining the capital. That, however, is not the controversy in this appeal. The point is as to the deductibility of a central subsidy of Rs. 9,97,085 which the assessee had received from the "actual cost" for purposes of calculation

MESSRS. CALCUTTA COMPANY LTD. vs. THE COMMISSIONER OF INCOME-TAX,WEST BENGAL

- 0Supreme Court12 May 1959
For Respondent: THE COMMISSIONER OF INCOME-TAX,WEST BENGAL

195 without making the promised expenditure, no question of allowing a deduction of any expenditure from such receipts of the year arises." If then the estimated expenses which would have to be incurred in duly discharging that liability which was undertaken by the appellant and was incorporated in the deeds of sale could be deducted in accordance with the mercantile

M/S.SAHAKARI KHAND UDYOG MANDAL LTD. vs. COMMISSIONER OF CENTRAL EXCISE &CUSTOMS

C.A. No.-006832-006832 - 1999Supreme Court09 Mar 2005
For Respondent: Commissioner of Central Excise and Customs
Section 11B

disallowing the claim was not proper and accordingly it was set aside. Regarding the claim being barred by limitation, it was observed that since the sugar year was over on September 30, 1976, the claim was required to be submitted within six months. But the claim was submitted on 14th August, 1978, and hence, it was barred by limitation

DHARAMVIR DHIR vs. THE COMMISSIONER OF INCOME-TAX,BIHAR & ORISSA

- 0Supreme Court05 Jan 1961
For Respondent: THE COMMISSIONER OF INCOME-TAX,BIHAR & ORISSA
Section 10(2)(iii)Section 10(2)(xv)

195, The Indian Radio and Cable Communications Company Ltd. v. The Commissioner of Income- tax, Bombay, [1937] 5 I.T.R. 270, British Sugar Manufacturers Ltd. v. Harris, [1937] 21 T.C. 528, referred to. JUDGMENT: CIVIL APPELLATE JURISDICTION: Civil Appeals Nos. 448 and 449 of 1959. Appeals by special leave from the judgment and order dated February 12, 1958, of the Patna