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16 results for “disallowance”+ Section 74clear

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Key Topics

Section 8016Section 44C11Section 35B8Deduction8Section 17(5)(d)7Section 80H7Section 876Section 143(2)4Addition to Income3Section 44

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

C.A. No.-008291-008291 - 2015Supreme Court15 Dec 2025

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

Section 28Section 37(1)Section 44C

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

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

2
Capital Gains2
Exemption2

DILIP N. SHROFF vs. JOINT COMMNR. OF INCOME TAX, MUMBAI &ANR

The appeal is allowed

C.A. No.-002746-002746 - 2007Supreme Court18 May 2007
For Respondent: Joint Commissioner of Income Tax, Mumbai & Anr

disallowed in computing the total income of such person as a result thereof shall, for the purposes of clause (c) of this sub-section be deemed to represent the income in respect of which particulars have been concealed. Explanation 2\005\005\005\005. Explanation 3\005\005\005\005. Explanation 4.- For the purposes of clause (iii) of this

CHIEF COMMISSIONER OF CENTRAL GOODS AND SERVICE TAX vs. M/S SAFARI RETREATS PRIVATE LIMITED

Appeals are partly allowed in above terms

C.A. No.-002948-002948 - 2023Supreme Court03 Oct 2024

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

Section 17Section 17(5)(c)Section 17(5)(d)

74 to 76 and 82. He also relied upon a decision in the case of India Cement Ltd. & Ors. v. State of Tamil Nadu & Ors.33 and State of W.B. v. Kesoram Industries Ltd. & Ors.34. He pointed out that the construction of a complex building intended for sale to a buyer will be treated as a supply of service except where

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

section 30 of the Copyright Act, which transfers an interest in all or any of the rights contained in sections 14(a) and 14(b) of the Copyright Act, but is a “licence” which imposes restrictions or conditions for the use of computer software. Thus, it cannot be said that any of the EULAs that we are concerned with

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

Section 85-C earlier and Section 80-O later were inserted to the Act of 1961. Noteworthy it is that from time to time, the 53 ambit and sphere of Section 80-O were expanded and even the dealings with foreign Government or foreign enterprise were included in place of “foreign company” as initially provided. The requirement of approval

THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 11 (1) BANGALORE vs. M/S ACE MULTI AXES SYSTEMS LTD

Appeals are disposed of in the same terms

C.A. No.-020854-020854 - 2017Supreme Court05 Dec 2017

Bench: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL

Section 263Section 33BSection 80

disallowed on the ground that in the initial year the industrial unit has been formed by reconstruction or splitting up of the existing unit. The ITAT held that it is not open to the A.O. to doubt the earlier acceptance of the department in respect of reconstruction and splitting up to deny the claim in subsequent year because that violates

JEYAR CONSULTANT & INVESTMENT PVT. LTD. vs. COMMISSIONER OF INCOME TAX,MADRAS

C.A. No.-008912-008912 - 2003Supreme Court01 Apr 2015
Section 80H

disallowed the deduction claim of the assessee under Section 80HHC of the Act on the ground that the 'profits of the business computed under Section 80HHC indicated a negative figure'. This view was accepted by all the Courts and affirmed by this Court in the aforesaid judgment. Before this Court, submission of the appellant/assessee was that a reading of Section

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

The appeal is dismissed with no

C.A. No.-003892-003892 - 2007Supreme Court24 Apr 2018

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

Section 143(2)Section 143(3)Section 80

74,090/- received from Sumitomo Corporation of Japan in convertible foreign exchange in the name of M/s Pasco International wherein the Appellant was the sole proprietor. It was further explained that he had received the above amount in convertible foreign exchange as consideration for providing specialized industrial and commercial knowledge relating to the Indian automobile industry including therein the detailed

COMMNR. OF INCOME TAX, KERALA vs. M/S. TARA AGENCIES

Appeal is allowed and the

C.A. No.-003568-003568 - 2001Supreme Court09 Jul 2007
For Respondent: M/s Tara Agencies
Section 35B

disallowed the claim of the respondent assessee. 5. The respondent assessee aggrieved by the said http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 16 order preferred an appeal before the Commissioner of Income Tax (Appeals). The appeal filed by the respondent assessee was allowed on the ground that the respondent assessee was a small scale industrial unit

VODAFONE IDEA LTD(EARLIER KNOWN AS VODAFONE MOBILE SERVICES LIMITED vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 26 (2)

C.A. No.-002377-002377 - 2020Supreme Court29 Apr 2020

Bench: HON'BLE THE CHIEF JUSTICE

Section 143(2)Section 244ASection 92

74,78,526. Manufacturing activities started on 24th March, 1993, i.e. during the accounting year ending on 31st March, 1993 (the assessment year 1993-94). It was specifically pointed out that "the amount of interest received during the public issue of Rs. 1,07,85,590 is not to be considered as income and has been given set off against

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

Appeals are dismissed

C.A. No.-003291-003294 - 2009Supreme Court16 Oct 2024

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

Section 18Section 19Section 20Section 21

Section 28.   b. The learned counsel appearing for the assessees pointed out that the view taken by the Bombay High Court in 2 (2002) 258 ITR 601 (Bombay) : 2002 SCC OnLine Bom 944      Civil Appeal No.3291­3294 of 2009, etc. Page 6 of 45 the case of American Express International Banking Corporation2 has been approved by the order dated 12th

MAK DATA P. LTD. vs. COMMISSIONER OF INCOME TAX-II

C.A. No.-009772-009772 - 2013Supreme Court30 Oct 2013
Section 133ASection 217(1)(c)Section 271(1)(c)

disallowed in computing the total income of Page 6 JUDGMENT 6 such person as a result thereof shall, for the purposes of clause (c) of this sub-section, be deemed to represent the income in respect of which particulars have been concealed.” 7. The AO, in our view, shall not be carried away by the plea of the assessee like

RENUKA DATLA vs. COMNR. OF INCOME TAX KARNATAKA

C.A. No.-004731-004731 - 2000Supreme Court17 Dec 2002
For Respondent: CKoamrmniastsaikoane&rAonfr.Income Tax
Section 87Section 88Section 89Section 95

74,820/- remained payable. The appellant preferred an appeal before the Commissioner(Appeal) (referred to as ’CIT(A)’) objecting to the following additions in the assessment order: i) Share of profit from M/s. Raju Investment taken at Rs.6,85,668/- as against Rs.1,85,250/- shown in the return. ii) Unexplained investment in acquisition of jewellery Rs.23

C0MMNR. OF INCOME TAX, NEW DELHI vs. ORIENTAL FIRE & GENERAL INSURANCE CO.LTD

C.A. No.-002741-002741 - 2007Supreme Court18 May 2007

Bench: The Controller Of Insurance.

For Respondent: Oriental Fire & General Insurance Co. Ltd
Section 256Section 44

disallowing certain expenditure was set aside by orders dated 09.02.1979 and 09.09.1980. 4. Both the orders were questioned by the Revenue before the Income Tax Appellate Tribunal (for short, ’the Tribunal). By reason of an order dated 30.11.1981, the Tribunal held that the Assessing Officer was not correct in refusing to accede to the deductions under the aforementioned heads claimed

COMMISSIONER OF CUSTOMS, CALCUTTA vs. G.C. JAIN

Appeals are dismissed but without any

C.A. No.-006334-006335 - 2003Supreme Court04 Jul 2011

74 of 1999, whereby the Tribunal had allowed the appeal of the Respondents and set aside the order passed by the Commissioner of Customs on the ground that the Butyl Acrylate Monomer i.e. the chemical imported by the Respondents can safely be held to be an adhesive and was covered by the advance licences produces by the Respondents