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

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

Appeal is hereby allowed to the extent

Bench: HON'BLE MS. JUSTICE INDIRA BANERJEE

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

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

section 10(2)(xv) of the Indian Income-tax Act?" The facts of the appeals are these: The appellant was an employee of M/s. Karam Chand Thapar & Bros. and for each of the accounting years relating to the assessment years 1947- 48 and 1948-49 his salary was Rs. 10,572. He also had an income of Rs. 500 from

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

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

RAMNATH AND CO. vs. THE COMMISSIONER OF INCOME TAX

Bench: HON'BLE MR. JUSTICE DINESH MAHESHWARI

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

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

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

MESSRS. CALCUTTA COMPANY LTD. vs. 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

SHREE MEENAKSHI MILLS LTD., MADURAI vs. 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

ARAVINDA PARAMILA WORKS vs. COMMR. OF INCOME TAX

In the result, we uphold the view taken by the

disallowed by the Assessing Authority. The Commissioner of Income Tax (Appeals) took a contrary view. The Income Tax Appellate Tribunal held that the Commissioner (Appeals) was not justified in allowing the said weighted deduction. From out of the judgment and order of the Tribunal, the following question was referred to the High Court for its considerations: Whether on the facts

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

The appeal is dismissed without costs

2 of 6 Court, that there was no cessation of liability as per Section 41(1) as the issue was pending final adjudication and, therefore, the refunded amount does not form part of the deemed income of the year 1989-90. It is true that in Thirumalaiswamy Naidu’s case the question of interpretation or applicability of any particular limb

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

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

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

2. Whether the ITAT was justified in holding that the judgments in Prithipal Singh’s case (183 ITR 69 and 249 ITR 670) will apply even after insertion of Explanation 4 to Section 271(1)(c) of the Income Tax Act, 1961 with effect from 1.4.1976? FACTS (C.A. NO. 7115 OF 2005) For the assessment year 1996-97, the assessee