COMR. OF IT HYD vs. M/S NEERAJ PETRO CHEMICALS LTD HYD

The appeal is partly allowed

depreciation in respect of guest house maintained by the assessee? (C) Whether misc. income amounting to Rs.577.48 Lacs and processing charges amounting to Rs.171.37 lacs, being part and parcel of assessee’s business income and required to be included in the total turnover, the Tribunal was justified in excluding the same for the purposes of computation of deduction u/s.80HHC

Commissioner of IncomeTax-2, vs. Mr. Mustafa Alam Khan,

Appeal is allowed

Bench: SANJAY KUMAR,GUDISEVA SHYAM PRASAD

10. Per contra, learned counsel for the Revenue would contend that the assessee has failed to demonstrate that the expenditure was a revenue expenditure having regard to Section 37 of the IT Act and hence, the decision of the 7 authorities is just and proper. Hence, he seeks for dismissal of the above appeal. 11. The relevant factual matrix

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

The appeals are dismissed

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

depreciation in respect of such machinery or plant has been allowed or is allowable under the provision of this Act in computing the total income of any person for any period prior to the date of the installation of machinery or plant by the assessee. Explanation 2.-Where in the case of an [undertaking], any machinery or plant

SIEMENS AG.,FEDERAL REPUBLIC OF GERMANY vs. THE DEPUTY COMMISSIONER OF INCOME-TAX

Bench: C.V.NAGARJUNA REDDY,T.AMARNATH GOUD

10:11 I attest to the accuracy and integrity of this document ITA-10-2005 (O&M) -3- 3. The expenses were disallowed by Tribunal relying upon Section 37(4) of 1961 Act. Section 37(4) reads as:- “(4) Notwithstanding anything contained in sub-section (1) or sub-section (3), (i) no allowance shall be made in respect

The Commissioner of Income Tax-IV vs. Nekkanti Sea Foods Limited

The appeal is dismissed without any order as to costs

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

depreciation was not allowed. 5. The CIT (Appeals) affirmed the aforesaid findings given by the Assessing Officer. 6. In the second appeal before the tribunal, it has been held that the expenditure incurred was a revenue expense and should be allowed. ITA 160/2012 Page 3 of 10 7. It is an undisputed fact that the respondent-assessee had entered into

The Commissioner of Income Tax-III vs. Smt.Anitha Sanghi

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

depreciation on securities (iv) floating rate notes of London branch (v) DICGC loans (vi) suits filed accounts (vii) miscellaneous provision cannot be added back in accordance with Explanation of Section 115JA of the Act in the light of the judgment of the Apex court in H.C.L. Comnet when there is diminution in the value of assets as contended

The Commissioner of Income Tax V vs. Smt. Ch. Uma

section 154? (ii) Whether on the facts and in the circumstances of the case the Appellate Tribunal was right in law in sustaining the order of rectification passed by the Assessing Officer on 16.10.2008 when the CIT(A) had already recorded a fining that the appellant had continued its business during the year and no mistake was apparent from record

Commissioner of Income Tax vs. M/s Ch.Veeraju AND co.

section 154? (ii) Whether on the facts and in the circumstances of the case the Appellate Tribunal was right in law in sustaining the order of rectification passed by the Assessing Officer on 16.10.2008 when the CIT(A) had already recorded a fining that the appellant had continued its business during the year and no mistake was apparent from record

Commissioner of Income Tax - VI vs. M/s. S.P. Steels

section 154? (ii) Whether on the facts and in the circumstances of the case the Appellate Tribunal was right in law in sustaining the order of rectification passed by the Assessing Officer on 16.10.2008 when the CIT(A) had already recorded a fining that the appellant had continued its business during the year and no mistake was apparent from record

The Commissioner of Income Tax-II, vs. M/s Padmapriya Real Estates AND Financiers

In the result, the appeal is allowed and the impugned judgment passed by

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 313 of Cr.P.C. has also been recorded in which he denied the circumstances appears against him, plead innocence and have submitted that he was posted as Junior Engineer from April 1978 to 1979 at PNT Department, Nasik. He was working since February 1980 in Irrigation Department. But the income of the said period was not counted. His wife

Commissioner of Income Tax vs. Agricultural Market Committee

In the result we do not find any merit in the appeal

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

Section 37 of the Act. It was further held that ATMs are computers and therefore, assessee is eligible to depreciation of 60%. It was further held that even though the assessee had changed the method of revenue recognition, however, he is entitled to change the method of accounting as the same has no impact on the revenue. Accordingly, the appeal

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

depreciation, reserves, etc., a part of it should in all fairness go to the employees.” 30. In the said case the Supreme Court was considering whether payment for ITA 210/2003 & connected matters Page 17 of 36 the extra services rendered by an employee could be allowed as business expenditure. It was held that for the purposes of allowing commercial

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

Appeals of the Revenue are dismissed

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

depreciation, reserves, etc., a part of it should in all fairness go to the employees.” 30. In the said case the Supreme Court was considering whether payment for ITA 210/2003 & connected matters Page 17 of 36 the extra services rendered by an employee could be allowed as business expenditure. It was held that for the purposes of allowing commercial

The Commissioner of Income Tax IV vs. Margadarshi Chit Fund Pvt. Ltd.,

The appeal is dismissed

10:37 I attest to the accuracy and authenticity of this order/document P&H HC, Chandigarh ITA-228-2013 2023:PHHC:047619-DB 2 were completed and addition of Rs.1,01,016/- was made and keeping in view the provisions of Section 40 (a) (ia) of the Act 1961 payment of Rs.1,01,016/- made to Satake India Engg

M/s.V.R.Farms Pvt Ltd vs. Deputy Commissioner of Income Tax

The appeals are dismissed

Bench: P.SAM KOSHY,SUDDALA CHALAPATHI RAO

10. Referring to the provisions of chapter XVII-C relating to advance tax, it was submitted by the learned counsel for the revenue that section 207 imposes the liability for payment of advance tax and that section 208 stipulates that the advance tax must be paid in the ITA Nos. 402/2005 & Others Page No.14 of 44 financial year itself. Section

Andhra PRadesh Pradesh Fibres Limited vs. Assistant commissioner of Income Tax

In the result, the order passed by the

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

37 OF 2012 I.T.A.NO.370/2011 BETWEEN: 1. THE COMMISSIONER OF INCOME-TAX LTU JSS TOWERS BSK III STAGE BANGALORE. 2. THE JOINT COMISSIONER OF INCOME-TAX LTDU JSS TOWERS BSK III STAGE BANGALORE. ... APPELLANTS (By Sri.K.V.ARAVIND, ADV.,) AND: M/S ASTRA ZENECA PHARMA INDIA LTD. P.B.NO.2483 OFF BELLARY ROAD HEBBAL BANGALORE. ... RESPONDENT 2 (By Sri.S.PARTHASARATHI SMT.JINITA CHATTERJEE, ADV.) - - - THIS

Shri Maneklal Agarwal vs. The Deputy Commissioner of Income Tax

The appeals are allowed and

Bench: A RAMALINGESWARA RAO,DILIP B. BHOSALE

10% of the total sale consideration. The agreement has been executed way back in the year, 1996. 27 years have elapsed since then. In case, the appellants are asked to receive the balance amount of sale consideration, i.e. Rs. 11,37,500/- at this juncture and to part with 15 kanals and 15 marlas of land located in Jammu City

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

depreciation or any other indirect costs in its accounts. Further, the Assessee had also not showed any source of funds. The AO noted that the equipment stated to have been supplied by the Assessee to Reliance was purchased from other group companies, namely, Nortel Canada and Nortel Ireland and were supplied to Reliance at almost half the price