The Commissioner of Income Tax V vs. M/s.Orchem Industries

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

bogus or sham all factors are required to be taken into consideration and in this case from facts on record, it appears that the partnership is sham and it is used as a devise to protect the tenacy right. Regarding revisional jurisdiction, he has submitted that the powers of the revisional court though limited but if it is found from

Commissioner of Income Tax-II vs. Hycons Infrastructure (India) Ltd.

The appeals are dismissed

Section 5A (1) of the Act of 1944, is invested wit h the power to curtail the concessions by modified notifications, but nonetheles s such notifications should be in public interest. The Supreme Court, in Motilal Padampat Sugar Mills Co. Ltd (supra) has laid down that promissory estoppel is an equitable doctrine and yielded when equity so requires. When

The Commissioner of Income Tax vs. Shri Byru Venkateswarlu

Appeal is dismissed

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

11 Bogus Purchase Rs.1,71,917/- 2-9 Salarly to Babu Bhai Rs.10,800/- 14 Disallowance of Dalali Rs.2,136/- 15” 6. Counsel for the appellant has further contended that the Gujarat High Court in the case of National Textiles vs. Commissioner of Income Tax reported in 249 ITR 0125 in para 21-24 has observed as under

Principal Commissioner of Income Tax vs. Sri Nama Nageshwar Rao

Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY

1. The present appeals under Section 260A of the Income Tax Act [hereinafter referred to as the ‘Act’] are directed against the common order dated 30th July, 2019 [hereinafter referred to as the ‘impugned order’] passed by the Income Tax Appellate Tribunal [hereinafter referred to as the ‘ITAT’] in ITA 5947/Del./2018, ITA No. 4723/Del./2018, ITA No. 5954/Del./2018

Commissioner of Income Tax, vs. Agricultural Market Committee

Bench: V.V.S.RAO,SANJAY KUMAR

purchase and sale of shares of certain companies and gifts from certain persons, which in fact never took place. The assessee was alleged to be one of the beneficiaries, figuring in 3 the list supplied by the Investigation Wing, Agra. Since the transactions of share trading were found to be bogus and, therefore, entire amount claimed to have been received

Commissioner of Income Tax vs. Sri Chirla Rama Reddy, Contract

Appeal is dismissed with costs

Bench: The Hon’Ble Mr. Justice N.K.Sudhindrarao R.S.A.No.70/2007

11-06-2013 framed the following substantial question of law: 1. Can there be a declaration that sale deed dated 16-2-1992 which is unregistered is valid and does 40 it not negate the Section 17 of the Registration Act? 2. Can there be a declaration that the sale deed with respect to agricultural property in favour

Commissioner of Income tax-VI vs. M/s. Narpat Girji Constructions,

The appeal is allowed

purchase the same. The said application has been dismissed by this Court on 30th September 2008. Being aggrieved by the same, OSA 27/2008 was filed by the applicant-society and the same was also dismissed by the Division Bench of this Court on 28th January 2009 observing as under: “Therefore, we do not find any reason to interfere

The Commissioner of Income Tax-IV vs. M/s. Meghadoot Drillers,

bogus payment of commission of sale of scrap on the basis of remand report even when the Assessing Officer verified part payment of commission and the balance amount remained unverifiable? 8. Whether under the facts and circumstances of the case and in law, the Tribunal was justified in deleting the addition of Rs.1,43,516/- made on account of alleged

The Commissioner of Income Tax -III vs. Sri T.C. Reddy

The appeal stands dismissed

purchaser M/s MEIPL was going to develop th land relating to 12 partners. Therefore, the land in pieces was brought by assessee company. It is not a case of the department that in lieu of cheques any cash was withdrawn from the bank and the same has been returned to the assessee. The general statement recorded of the Director that

The Commissioner of Income Tax-II, vs. M/S Gulf Oil Corporation Pvt. Ltd.,

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

bogus loss, it is  a speculative one. 13. It has been observed by the Assessing Officer  that the sale of shares appeared to be effected  without taking actual delivery. In Short, when the  shares were stated to have been sold i.e. the date  of selling, the assessee was not in possession of  these shares. But once a person is accepted

Commissioner of Income Tax-II vs. M/s.Jayalakshmi Chits

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

bogus loss, it is  a speculative one. 13. It has been observed by the Assessing Officer  that the sale of shares appeared to be effected  without taking actual delivery. In Short, when the  shares were stated to have been sold i.e. the date  of selling, the assessee was not in possession of  these shares. But once a person is accepted

The Commissioner of Income Tax - VI vs. M/s. Manikanta Iron AND Hardware

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

bogus loss, it is  a speculative one. 13. It has been observed by the Assessing Officer  that the sale of shares appeared to be effected  without taking actual delivery. In Short, when the  shares were stated to have been sold i.e. the date  of selling, the assessee was not in possession of  these shares. But once a person is accepted

M/s Sri Surya Constructions vs. The Income Tax Officer

Bench: P.SAM KOSHY,N.TUKARAMJI

bogus. The same is a matter of trial regarding the authenticity of the documents. The Court only has to see whether there is a cause of action in favour of the plaintiff to continue with the suit. 20. Hence, the Hon‟ble Supreme Court has clarified that while determining any application filed under Order VII Rule 11

M/S VAIBHAV vs. JOINT COMM. OF INCOME TAX RANGE 3 HYD

Appeal is allowed and the judgments and decrees passed by the

Bench: The Learned Trial Court) Was Allowed & The Judgment & Decree Dated 12.12.2000, Passed By Learned Senior Sub Judge, Kullu Was Set-Aside. (Parties Shall Hereinafter Be Referred To In

bogus, as she never paid the 14 consideration for the sale though she admitted the execution of the sale deed before the Registrar. Her story that she was ignorant of the nature of the transaction, it was held, cannot be accepted as she had admitted the execution of the sale deed before the Registrar. 11. A Division Bench of this

Principal Commissioner of Income Tax [TDS] vs. M/s.KCIL-MEIL [JV]

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

1. Thomson Group is a single entity Entire sales turnover of the Group (except meager sales turnover conceded by the Rose Poultry Farm) is shown as made to ultimate customers. ie., unregistered dealers and verification has confirmed that such addresses or purchasers of live chicken shown as per Form 8 B Bills are bogus or non-existent. All 6 dealers/assessees