The Commissioner of Income TAx-IV, vs. M/s. Mahaveer Enterprises (India) Limited

The Appeal is dismissed

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

gain in the ultimate analysis, the question is whether such grievance could be made long after the alleged violation of Section 10(5). If actual physical possession was taken over from the erstwhile landowner on 7.12.1991 as is alleged in the present case any grievance based on Section 10(5) ought to have been made within a reasonable time

M/S UNICORN AGRO TECH LIMITED, SECUNDERABAD. vs. THE ASST. COMMISISONER OF INCOME TAX, HYDERABAD.

In the result, the appeal filed by the assessee is allowed and the

Bench: T.VINOD KUMAR,M.S.RAMACHANDRA RAO

Section 10 of the Act by Finance No. 2 Act, 2004 with effect from 01.04.2005. Further the tribunal failed to consider that the short term capital gains from shares held as investment could not be assessed as business income merely because the period of holding of the shares in such cases was somewhat short as compared to other investments. Thus

M/S.R.S.RANGADAS vs. THE ASST.COMMISSIONER OF INCOME TAX

Appeals are disposed of, with no order as to costs

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

10 of 26 the allottees within 30 days to the Registrar of Companies. Balance sheet of M/s GIPL as on 31st March, 1998 had not been filed with the Registrar of Companies till completion of assessment, i.e. 7th March, 2001, though it was stated that the audit was completed and finalized on 1st September, 1998. 14. Thus, the tribunal observed

THE COMMISSIONER OF INCOMEE TAX-III vs. M/S.V.B.C.FERRO ALLOYS LTD

THE APPEAL IS DISMISSED

Bench: SUJOY PAUL,NAMAVARAPU RAJESHWAR RAO

29-03-2004 passed in PANiGTR No.AAACB7258A / v-oo4 on the fire of the Assistant Commissioner of lncome-Tax, Circle-3(4), Hyderabad. Between: The Commissioner of lncome Tax-lll, Hyderabad ...Appellant AND THE HON'BLE SRI JUSTICE SUJOY PAUL THE HoN,BLE SRIJUSTICE #,Oo,o*o", RAJESHWAR RAo M/s.V.B.C.Ferro Alloys Ltd, 6-2-gj 3/914, 3d Floor, progressive Towers

The Commissioner of Income Tax-IV vs. M/s Pokarna Limited

The appeals are dismissed

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

Capital gains. F.—Income from other sources. 10. Section 22 of the Act deals with income from House property which reads as under: Income from house property. 22. The annual value of property consisting of any buildings or lands appurtenant thereto of which the assessee is the owner, other than such portions of such property as he may occupy

The Commissioner of Income Tax-III, vs. Sri Prem Chand

capital gain. The intention of the Legislature or the purpose with which the said provision has been incorporated in the Act, is also very clear that the assessee should be given some relief. Though it has been very often said that common sense is a stranger and an incompatible partner to the Income Tax Act and it is also said

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

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

gains" and  shall be deemed to be the income of such person  of the previous year in which such money or other  asset   was   received   and   for   the   purposes   of  section 48, value of any money or the fair market  value of other assets on the date of such receipt  shall   be   deemed   to   be   the   full   value

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

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

gains" and  shall be deemed to be the income of such person  of the previous year in which such money or other  asset   was   received   and   for   the   purposes   of  section 48, value of any money or the fair market  value of other assets on the date of such receipt  shall   be   deemed   to   be   the   full   value

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

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

gains" and  shall be deemed to be the income of such person  of the previous year in which such money or other  asset   was   received   and   for   the   purposes   of  section 48, value of any money or the fair market  value of other assets on the date of such receipt  shall   be   deemed   to   be   the   full   value

Principal Commissioner of Income Tax - 5 vs. M/s Vijay Textiles Limited

The appeal is dismissed

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

gains, as an essential object for forming an AOP. However the CBDT Circular explaining the above insertion states that such insertion was only to take care of the claim of certain bodies that they did not fall within the definition of a ‘person’ for the sole reason, that they were not supposed to have any income or profits. Section

The Commissioner of Income Tax IV vs. M/s Matrix Power Pvt Ltd.,

29,769/- from the Chopanki Unit was not allowed to be set off from the income of other units. 4. Aggrieved, the assessee preferred an appeal to the Commissioner of Income Tax (Appeals) (hereafter “CIT (A)”). The CIT(A) confirmed the AO’s position and findings holding that: ITA 386/2013 Page 3 ―4.5 Thus, it may be seen that

K.V.D.PRASAD RAO vs. THE JT.COMMISSIONER OF INCOME TAX

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

Section 2('17) of rlre Act as the entire consideration 5 \\?s rtccived by the xsessee and the co-promoters r'r,ith share certiliciltes Lrruig clelivered to the transferees. 10. \Vhen thc' order of the assessing officer was challenged befon' the fust appellate auhority ;.a., C.ommissioner oi Income Tax (,\ppcals). the first appellate authoriry upheld the decision

The Commissioner of Income Tax vs. Srimantha Granites

Appeals are dismissed

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

10(E) [No. 9447 (F.NO.164/3/87-ITA-I)] dated 06.01.1994 issued by the Central Government submitted that agricultural lands, which fall within a distance of 8 kms from Municipal Limits in all directions from Bengaluru only, would fall within the definition of 'Capital Asset'. 15. The Assessing Officer in para 4.3.3 of his order has recorded that assessees had filed a Certificate

The Commissioner of Income-tax-I, vs. Derco Cooling Coils Ltd,

Appeals are dismissed

Bench: CHALLA KODANDA RAM,G.CHANDRAIAH

10(E) [No. 9447 (F.NO.164/3/87-ITA-I)] dated 06.01.1994 issued by the Central Government submitted that agricultural lands, which fall within a distance of 8 kms from Municipal Limits in all directions from Bengaluru only, would fall within the definition of 'Capital Asset'. 15. The Assessing Officer in para 4.3.3 of his order has recorded that assessees had filed a Certificate

The Commissioner of Income Tax- I vs. Harmahendar Singh Bagga

Appeals are dismissed

Bench: CHALLA KODANDA RAM,G.CHANDRAIAH

10(E) [No. 9447 (F.NO.164/3/87-ITA-I)] dated 06.01.1994 issued by the Central Government submitted that agricultural lands, which fall within a distance of 8 kms from Municipal Limits in all directions from Bengaluru only, would fall within the definition of 'Capital Asset'. 15. The Assessing Officer in para 4.3.3 of his order has recorded that assessees had filed a Certificate

The Commissioner of Income Tax (Exemptions0 vs. Kalinga Cultural Trust

In the result, we do not find any

Bench: ANIS,SANJAY KUMAR

29,715/- under Section 10B of the Act. The Assessing Officer completed the assessment under Section 143(3) of the Act vide order dated 31.12.2010. Thereafter, there was a survey in the premises of the assessee on 05.11.2009 and simultaneously survey was also carried out in the premises of M/s Fiber and Fabrics International Private Limited (FFIPL), which

Principal Commissioner of Income Tax-5 vs. M/s. VBC Industries Limited

In the result, we do not find any

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

29,715/- under Section 10B of the Act. The Assessing Officer completed the assessment under Section 143(3) of the Act vide order dated 31.12.2010. Thereafter, there was a survey in the premises of the assessee on 05.11.2009 and simultaneously survey was also carried out in the premises of M/s Fiber and Fabrics International Private Limited (FFIPL), which

The Commissioner of Income Tax(Central) vs. M/s.Madhu Enterprises

Bench: The Learned

Section 54F of the Act on the ground that she holds more than one residential unit. 27. We also find that there has been no failure on the part of the Assessee to truly and fairly disclose all the material facts in her return. The Assessee had fairly disclosed about the sale of the original asset, in respect of which