SHREE CHOUDHARY TRANSPORT CO. vs. INCOME TAX OFFICER

Bench: HON'BLE MR. JUSTICE DINESH MAHESHWARI

Section 40(a)(ia) and Board’s Circular No. 715, dated 08.8.1995, the payment made to the truck owners/operators, exceeding to Rs. 20,000/- without deducting tax at source is disallowed and added back to the total income of the assessee firm which works out to Rs. 57,11,625/-, supra. The assessee has shown total payments in Truck Freight

.M. SALGAOCAR & BORS. VS COMMISSIONER OF INCOME TAX

Accordingly Civil Appeal No. 657 of 1994 is allowed and Civil Appeal Nos

disallowance under Section 36(l)(iii) which provision provides for deduction to be allowed in respect of the amount of interest on capital borrowed for the purposes of the business or profession. In Civil Appeal Nos. 4012-13 of 1998 it is the revenue which is aggrieved. For the Assessment Years 1980-81 and 1981-82 in the case

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

90,88,115/­ were disallowed under Section 40(a)(iib) of the Act. Aggrieved by the said order, appellant herein

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

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

90, or section 90A, as the case may be.” Income deemed to accrue or arise in India. “Section 9.(1) The following incomes shall be deemed to accrue or arise in India- (i) … (ii) Income which falls under the head “Salaries”, if it is earned in India. Explanation.-(Inserted by the Finance Act, 1983, with retrospective effect from

M/S. SOUTHERN TECHNOLOGIES LTD. vs. JOINT COMMNR. OF INCOME TAX, COIMBATORE

disallowed under the IT Act, the same cannot be added back and, hence, such a provision for NPA cannot be added back in computing the taxable income. According to the appellant, the purpose behind prescribing RBI Directions 1998 is to ensure that members of the public and shareholders of the company obtain a true picture of the financial health

SHITAL FIBERS LTD. vs. COMMISSIONER OF INCOME TAX

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

90,799/- under Section 80-HHC. 4. The return filed by the appellant was processed under Section 143(1)(a) and a statutory notice under Section 148 of the IT Act was served upon the appellant. Based on the judgment dated 17th July, 2008 of the jurisdictional ITAT, in 2 (2007) SCC OnLine ITAT 159 Civil Appeal No.14318

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

COMMISSIONER OF INCOME TAX KARNAL vs. M/S CARPET INDIA.PANIPAT(HARYANA)

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

disallowed by the Assessing Officer and deduction was allowed only to the tune of Rs 1,08,96,505/-. However, the assessee claimed the deduction at par with the direct exporter under Section 80HHC of the IT Act which has been eventually upheld by the High Court. 12) In the instant case, the whole issue revolves around the manner

DEPUTY COMMISSIONER OF INCOME TAX vs. M/S. CORE HEALTH CARE LTD

90(2) and before the Explanation. This insertion also operates w.e.f. 1.4.04. In short, the above amendments have been made by Finance Act, 2003 and all the said amendments have been made operational w.e.f. 1.4.04. Therefore, the proviso inserted in Section 36(1)(iii) has to be read as prospectively and w.e.f. 1.4.04. In this case, we are concerned with

M/S. SIDDACHALAM EXPORTS PRIVATE LTD. vs. COMMISSIONER OF CENTRAL EXCISE DELHI-III

The appeal is allowed; the

90,280/- on goods covered under the remaining shipping bills should not be disallowed, and penalty under Section 114 of the Act should

M/S HERO EXPORTS vs. COMMR.OF INCOME TAX,LUDHIANA

disallowing the claim of the assessee for adjustment of 10% of export incentive against indirect cost of trading goods while allowing deduction under section 80HHC of the Income-tax Act as it stood at the relevant time. Facts in the Civil Appeal arising out of S.L.P. (C) No. 7411/2007 (lead matter): 3. Assessee was engaged in the business of export

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

90 onwards and for avoidance of double tax, the procedure has been prescribed in Chapter X. In the above said agreement/treaty between India and UAE known as Agreement of Avoidance of Double Taxation (in short “AADT”) was   executed.   Clause   (1)   and   (6)   of   Article   7   of   the   said agreement   are   relevant   to   the   present   case,   which   are reproduced for ready

RAMNATH AND CO. vs. THE COMMISSIONER OF INCOME TAX

Bench: HON'BLE MR. JUSTICE DINESH MAHESHWARI

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

P.R. PRABHAKAR vs. COMMNR. OF INCOME TAX, COIMBATORE

disallowed by the Assessing Officer on the premise that they having incurred loss in respect of export business were not entitled thereto. An appeal preferred thereagainst was rejected by the Commissioner of Income Tax (Appeal). The Income Tax Appellate Tribunal, however, on further appeal preferred by the Appellant opined that the commissioner received by the Appellant from the other exporters

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

Appeals are partly allowed in above terms

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

90 of 2023 challenging clauses (c) and (d) of Section 17(5) of the CGST Act to the extent to which it excludes works contract services and goods from ITC. It is also prayed that the bar imposed by Section 16(4) should not apply to the petitioner; b. Writ Petition (C) No. 804 of 2022 challenging the validity

ASST. COMMR. OF INCOME TAX, MADRAS vs. THANTHI TRUST

disallow the claim of the Trust for exemption under Section 4(3)(i) of the Income Tax Act, 1922 for the Assessment Years 1955-56 to 1961-62. The Trust challenged the correctness of the tentative decision by filing a writ petition in the High Court of Judicature at Madras. On 25th June, 1961 the trustees of the Trust took

RAJASTHAN STATE ELECTRICITY BOARD JAIPUR vs. THE DY. COMMISSIONER OF INCOME TAX (ASSESSMENT)

In the result, we allow the appeal, set aside the

Bench: HON'BLE MRS. JUSTICE R. BANUMATHI

disallowing 25% of the 3 depreciation, restricting the depreciation to 75%. Additional tax under Section 143(1-A) of the Income Tax Act, 1961 amounting to Rs.8,63,64,827/- was demanded. The assessee filed an application under Section 154 of the Income Tax Act, 1961 dated 18.02.1992 praying for rectification of the demand. The assessee also filed a petition