COMMISSIONER OF INCOME TAX vs. MAHENDRA MILLS

The appeal is dismissed

73, the allowance or part of the allowance to which effect has not been given, as the case may be, shall be added to the amount of the allowance for depreciation for the following previous year and deemed to be part of that allowance, or if there is no such allowance for that previous year, be deemed

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

Bench: HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

1. GRANT OF LICENSE: This EULA grants you the following rights: a. Systems Software - You may install and use one copy of the SOFTWARE PRODUCT on a single computer, including a workstation, terminal, or other digital electronic device (“COMPUTER”). You may permit a maximum of five (5) COMPUTERS to connect to the single COMPUTER running the SOFTWARE PRODUCT solely

COMMISSIONER OF INCOME TAX vs. MUSSADILAL RAM BHAROSE

73 of the Act seeking a reference on the question mentioned hereinbefore. The High Court by the judgment under appeal after referring to the facts mentioned hereinbefore was of the view that no question of law arose in this case. The High Court opined in the impugned judgment that the finding of the Tribunal that the assessee acted honestly notwith

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

SHAH ORIGINALS vs. COMMISSIONER OF INCOME TAX 24 MUMBAI

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

disallowance of deduction under Section 80 HHC is justified in law, and no ground is made for interference. III. ANALYSIS 6. In the above narrative, the question that falls for our consideration is “whether the gain on foreign exchange fluctuation in the EEFC account of the assessee partakes the character of profits of the business of the assessee from exports

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

COMMISSIONER OF INCOME TAXGUJARAT III, AHMEDABAD & ANOTHER vs. KURJI JINABHAI KOTECHA

In the result the judgment of the High Court is set

1,71,632/-. This was after allowing set off of loss brought forward from the year 1955-56 amounting to Rs. 2,11,431/-. In arriving at the figure of the total income, the Income- tax Officer disallowed loss amounting to 28 Rs. 73,348/-in forward contracts in groundnut oil, ground- nuts and groundnut seeds. He disallowed this loss

COMMNR. OF INCOME TAX, UDAIPUR vs. MCDOWELL & CO. LTD

The appeal is disposed of

Bench: The High Court Are As Follows: (1) Whether On The Facts & In The Circumstances Of The Case, The I.T.A.T. Was Justified In Holding That The Unpaid Amount Of Bottling Fee Has, On Furnishing Of The Bank Guarantee, To Be Treated As Actual Payment & Accordingly Allowing The Deduction In Respect Of The Same Under Section 43B Of The Act, Even Though The Sum Has Not Been Actually Paid Before The Due Date Of Filing The Return Under Section 139(1) Of The Act. (2) Whether On The Facts & In The Circumstances Of The Case, The I.T.A.T. Was Justified In Allowing The Depreciation On Research & Development Assets Which Related To The Closed Business Of Fast Food Division/Unit Of The Assessee-Company As Such Not Used During The Previous Year? (3) Whether On The Facts & In The Circumstances Of The Case, The I.T.A.T. Was Justified In Deleting The Addition Of Rs.2,77,887/- 2

disallowance of landscaping expenses not recovered u/s Section 35(1)(iv) of the Income Tax Act by wrongly relying on the decision in ITA No.1546/JP95 dtd. 30.03.2001?” 2. Subsequently a third question was framed which reads as follows: 3. “Whether, in the facts and circumstances of the case, bottling fees chargeable from the assessee under the Rules framed under

PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) 2 vs. M/S MAHAGUN REALTORS (P) LTD

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

Bench: HON'BLE THE CHIEF JUSTICE

disallowed in the subsequent year, in the case of the then transferee company. The decision of the Delhi High Court, in Spice (supra), after discussing the decision in Saraswati Syndicate, went on to explain why assessing an amalgamating company, without framing the order in the name of the transferee company is fatal: “10. Section 481 of the Companies Act provides

KILLICK NIXON LTD., MUMBAI vs. DEPUTY COMNR. OF INCOME TAX,MUMBAI

In the result, we allow the appeal, set aside the judgment of the High

Section. He contended that, in the case of the present appellant, the giving effect order made by the CIT (Appeals) had not been fully worked out by the Assessing Officer as income under the four heads i.e. a) disallowance of bad debts to the extent of Rs. 68,02,046.00; b) income from house property to the.extent

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

Accordingly fail and are dismissed

disallowed the same applying section 40 (a) (v) for the year 1971-72 and section 40 (A) (5) for the assessment year 1972- 73. Which are the concerned assessment years herein. On appeal, the Appellate Assistant Commissioner held that commission on sales cannot betreated as perquisites. The Tribunal dismissed the Revenue’s appeal. The question before this court was whether

LIFE INSURANCE CORPORATION OF INDIA,BOMBAY vs. COMMISSIONER OF INCOME TAX, BOMBAY

The appeal is allowed

73,50,939/- only had entered into the surplus of the earlier intervaluation period out of Rs.3,02,90,898/-. Therefore, only that portion is allowable u/s.2(1)(b) and has been rightly allowed by the Appellate http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 8 Asstt. Commissioner. Disallowance of the balance of the tax refund was quite

COMMISSIONER OF INCOME TAX vs. VANAZ ENGINEERING PVT.LTD

The appeal is allowed, the judgment of the High Court

Sections 22, 29 and 40A(7)(b)(ii) - Gratuity - Scheme introduced for first time in assessee firm in 1970 - On basis of Actuarial Report total liability as on December 31, 1970 debited to Profit and Loss Account Assessment proceedings - Income Tax Officer disallowing burden of liability - Appellate Assistant Commissioner and Tribunal allowing that liability - Appeal by Revenue to Supreme Court

M/S. ROTORK CONTROLA INDIA (P) LTD. vs. COMMNR. OF INCOME TAX, CHENNAI

Appeals stand allowed in favour of the assessee with no order as to

Section 37 of the 1961 Act. According to learned counsel, for the assessment years in question, the Tribunal has accordingly followed its earlier view which has prevailed right from assessment year 1983-84 and it has, therefore, directed deletion of the disallowance of Rs.5,18,554/- for the assessment year 1991-92. While explaining the concept of “reversal”, learned counsel

COMMNR. OF INCOME TAX, TRIVANDRUM vs. M/S TRANVANCORE TITANIUM PRODUCTS LTD

Section 18 of the Companies (Profits) Surtax Act, 1964 the questions that arose for consideration of the High Court were: "(a) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in holding that the loan redemption reserve amount to Rs.1 crore is a reserve and not a provision

B.L. PASSI vs. COMMISSIONER OF INCOME TAX (XI)

The appeal is dismissed with no

Bench: HON'BLE MR. JUSTICE R.K. AGRAWAL

73,940/- on account of technical and industrial knowledge and professional services rendered by him in relation to the SAFARI project of TELCO. It is his claim that the Sumitomo Corporation bagged the order from TELCO 7 in respect of SAFARI project as a result of use of specialized, commercial and industrial knowledge and professional services rendered

COMMISSIONER OF INCOME-TAX, WEST BENGAL,CALCUTTA vs. GUNGADHAR BANERJEE AND CO. (P) LTD

In the result we hold that the order of the High Court is

disallow many expenses actually incurred by the assessee; and in computing his income he may include many items on notional basis. But the commercial or accounting profits are the actual profits earned by an assessee calculated on commercial principles. [445F-H.] Commissioner of Income-tax, Bombay City v. Bipinchandra Maganlal and Co. Ltd. (1961)41 I.T.R. 296, followed

2TATE BANK OF PATIALA, PATIALA vs. COMMISSIONER OF INCOME TAX, PATIALA

The appeals are allowed

disallowed. The assessee has filed special leave petitions in this Court directly against the aforesaid order of the Appellate Tribunal. 4. Special leave petition (C) No. 27551 of 1995, relating to the same assessee and involving consideration of the same question, relates to the assessment year 1985-86. The Appellate Tribunal finally decided against the assessee following the earlier decision