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

Appeals are dismissed

Bench: CHALLA KODANDA RAM,G.CHANDRAIAH

Section 143(3) of the Act and 1 Assessment Year I.T.A Nos.176/2015, 520/2014, 175/2015, 177/2015, 178/2015, 179/2015, 298/2015 10 added taxes against each assessee, as shown herein below, on the ground that the lands sold by them are capital assets and the capital gains arising on the said assets are chargeable to tax: Assessee Original return of income Revised return

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

Appeals are dismissed

Bench: CHALLA KODANDA RAM,G.CHANDRAIAH

Section 143(3) of the Act and 1 Assessment Year I.T.A Nos.176/2015, 520/2014, 175/2015, 177/2015, 178/2015, 179/2015, 298/2015 10 added taxes against each assessee, as shown herein below, on the ground that the lands sold by them are capital assets and the capital gains arising on the said assets are chargeable to tax: Assessee Original return of income Revised return

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

Bench: The Learned

90 crores under Section 54F of the Act asserting that the consideration received from the sale of shares of FIITJEE Ltd. — an unlisted company, the gains from which would otherwise be chargeable to tax as capital

The Principal Commissioner of Income Tax-2 vs. M/s Indus Business System Ltd.

Appeals are dismissed

Bench: CHALLA KODANDA RAM,C.V.NAGARJUNA REDDY

Capital gains tax for A.Y. 2007-08. The law on the point with regard to the transfer of shares in this case, is governed by Section 108 of Companies Act, 1956 which reads as follows: I.T.A No.410/2017 C/W I.T.A No.409/2017 9 "108. TRANSFER NOT BE REGISTERED EXCEPT ON PRODUCTION OF INSTRUMENT OF TRANSFER (1) A company shall not register

The Commissioner of Income Tax vs. M/S New Asian Bar AND Restaurant,

Appeals are dismissed

Bench: SANJAY KUMAR,GUDISEVA SHYAM PRASAD

Capital gains tax for A.Y. 2007-08. The law on the point with regard to the transfer of shares in this case, is governed by Section 108 of Companies Act, 1956 which reads as follows: I.T.A No.410/2017 C/W I.T.A No.409/2017 9 "108. TRANSFER NOT BE REGISTERED EXCEPT ON PRODUCTION OF INSTRUMENT OF TRANSFER (1) A company shall not register

THE COMMISSIONER OF INCOME TAX III, vs. M/S. SAVIJANA SEA FOODS PVT. LTD.,

Appeals of the Revenue are dismissed

Bench: J SREENIVAS RAO,ALOK ARADHE

gains‟ in their hands in their returns would not be relevant in deciding the issue whether the payment by the Assessee should be treated as „business expenditure.‟ As explained by the Madras High Court in CIT v. Sarda Binding Works 102 ITR 187 (Mad), it is the point of view of the payer which is relevant. 37. The decision

Commissioner of Income Tax, vs. M/s. Kokivenkateswara Reddy AND others,

Appeals of the Revenue are dismissed

Bench: V.V.S.RAO,RAMESH RANGANATHAN

gains‟ in their hands in their returns would not be relevant in deciding the issue whether the payment by the Assessee should be treated as „business expenditure.‟ As explained by the Madras High Court in CIT v. Sarda Binding Works 102 ITR 187 (Mad), it is the point of view of the payer which is relevant. 37. The decision

The Commissioner of Income Tax - III, vs. M/s. Suven Pharmaceuticals Limited,

Appeals are dismissed

90 on account of tax paid in a  country outside India; Page 4 of 15 O/TAXAP/676/2006 JUDGMENT (iii) any   relief   of   tax   allowed  under section 90A on account of tax paid  in a specified territory outside India  referred to in that section; (iv) any   deduction,   from   the   Indian  Income­tax   payable,   allowed   under  section 91 on account of tax paid

Sampathirao Apparao vs. Income Tax Officer,

The appeals stand dismissed

capital gain arising out of sale proceeds of house, thus, Assessing Officer requested Commissioner of Income Tax for adjustment of seized amount towards the tax liability of appellants. The Commissioner of Income Tax, Amritsar vide letter dated 26.06.2009 permitted Assessing Officer to adjust seized cash against tax liability of appellants. The Assessing Officer, accordingly, adjusted seized cash against

The Commissioner of Income Tax vs. M/s.Globe Organics Ltd

Appeal is dismissed

Bench: V.ESWARAIAH,K.G.SHANKAR

Section 260A of the Income Tax Act, 1961, has been filed against the order dated 07.04.2006 (Annexure A-3) passed by the Income Tax Appellate Tribunal, Chandigarh, whereby appeal filed by the revenue-respondent against the order dated 22.03.2000 passed by the Commissioner of Income Tax (Appeals), Chandigarh, has been partly accepted. Brief facts of the case are that

THEE COMMSSR.OF INCOME TAX.HYD. vs. CHALLA SHANKER REDDY.HYD.

Bench: L.NARASIMHA REDDY,T.SUNIL CHOWDARY

Capital Gains Tax and that the defendants are trying to take advantage of these documents for effecting fraudulent transfers- The ,Trial Court concluded that considerationdidnotpassundertheDevelopmentAgreementsandthat the Development Agreements were hence proved to be sham documents' TheTrialCourtalsoconcludedthatthesuitpropertieswereleasedorrtto i third parties under the registered Sale Deeds and that mesne profits cannot be granted to the plaintiffs pending demarcation of the shares

COMMISSIONER OF INCOME TAX RAJAHMUNDRY vs. M/S.B.KRISHNA MURTHY KAKINADA AND 2 ORS

Bench: CHALLA KODANDA RAM,G.CHANDRAIAH

Section 9(1)(vi) of the Act, but the term “royalty” as defined and covered under Art VIII A of the DTAA. 7. Before we examine the relevant clauses of agreement dated 11th May, 1987 between HCL and ADC, it would be first appropriate to examine the ambit and scope of the term „royalty‟ taxable under Article VIIIA

COMMR.OF I.T. RAJAHMUNDRY vs. M/S.NARAYANA CHOWDARYAND ORS KAKINADA

Bench: CHALLA KODANDA RAM,G.CHANDRAIAH

Capital Gains Tax and that the defendants are trying to take advantage of these documents for effecting fraudulent transfers- The ,Trial Court concluded that considerationdidnotpassundertheDevelopmentAgreementsandthat the Development Agreements were hence proved to be sham documents' TheTrialCourtalsoconcludedthatthesuitpropertieswereleasedorrtto i third parties under the registered Sale Deeds and that mesne profits cannot be granted to the plaintiffs pending demarcation of the shares

COMMISSIONER OF INCOME TAX - (TDS), vs. M/s. Suman Chit Funds (P) Ltd.,

Capital Gains Tax and that the defendants are trying to take advantage of these documents for effecting fraudulent transfers- The ,Trial Court concluded that considerationdidnotpassundertheDevelopmentAgreementsandthat the Development Agreements were hence proved to be sham documents' TheTrialCourtalsoconcludedthatthesuitpropertieswereleasedorrtto i third parties under the registered Sale Deeds and that mesne profits cannot be granted to the plaintiffs pending demarcation of the shares

The Commissioner of Income Tax, vs. M/s. Laila Impex,

Accordingly answered against the Revenue. The appeals fail and are dismissed, without

Capital gains") for— (i) the transfer of all or any rights (including the granting of a licence) in respect of a patent, invention, model, design, secret formula or process or trade mark or similar property ; (ii) the imparting of any information concerning the working of, or the use of, a patent, invention, model, design, secret formula or process or trade

Commissioner of Income Tax vs. Sri P.Sarveswara Rao

Appeals are partly allowed, in view of the

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

90% 125% of the fixed capital investment in the case of small scale unit and 100% of the fixed capital investment in case of other unit ITA 315/2003 & connected cases Page 18 of 27 Varanasi 19. In the arguments on behalf of the revenue, it was acknowledged that the assessee was entitled to retain the amounts collected from customers towards

M/s. Canara Securities Ltd vs. Dy. Commissioner of Income Tax

Bench: M.S.RAMACHANDRA RAO,T.AMARNATH GOUD

90, 91, 92, 94, 95, 96 AND 98 OF 2020) REPORTABLE Page 83 of 300 APLs to act by majority is contrary to law and to the order of appointment of the APLs. 23. It is submitted that the decision of two of the APLs to re-investigate into the extent of the estate and percentage of share holding

Commissioner of Income Tax (TDS), vs. M/s Country Club Inda Limited

capital asset situate in India: [Explanation 1] –For the purposes of this clause—(a) in the case of a business of which all the operations are not carried out in India, the income of the business deemed under this clause to accrue or arise in India shall be only such part of the income as is reasonably attributable