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

The appeals are dismissed

Bench: P.SAM KOSHY,SUDDALA CHALAPATHI RAO

143(1) or upon a regular assessment by, inter alia, the available tax credit under section 115JAA in addition to the existing reduction of TDS so as to arrive at the figure of ―assessed tax‖ which formed the basis of the charge of interest. A similar amendment was brought about in the Explanation after 234C(1). 8. In this context

Commissioner of Income Tax, vs. Dr. T.Ravi Kumar,

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani & The Hon’Ble Justice Rajarshi Bharadwaj Date : 10Th April, 2024. Appearance: Mr. J. P. Khaitan, Senior Advocate Mr. Sanjay Bhowmick, Advocate Ms. Swapna Das, Advocate … For The Appellant. Ms. Smita Das De, Advocate … For The Respondent. 1. Heard Sri J. P. Khaitan, Learned Senior Advocate Assisted By Sri Sanjay Bhowmick, Learned Counsel For The Appellant/Assessee & Ms. Smita Das De, Learned Senior Standing Counsel For The Respondent. 2. The Assessment Years Involved In The Present Appeal Are Assessment Year 1999-2000 & Assessment Year 2000-01. By Order Dated 16.08.2012, This Appeal Was Admitted On The Following Substantial Questions Of Law :-

2) Whether on a true and proper interpretation of the provisions of section 32 of the Income Tax Act, 1961 depreciation allowance in respect of hotel assets used for the purpose of the business can be reduced in any manner because of temporary closure of the hotel for part of the year and the purported findings of the Tribunal restricting

The Commissioner of Income Tax-IV, vs. Mars TelecomSystems (P) Limited

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

depreciation allowance or any other allowance under this Act has been computed; (ca) where a return of income has not been furnished by the assessee or a return of income has been furnished by him and on the basis of information or document received from the prescribed income-tax authority, under sub-section (2) of section 133C, it is noticed

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

The appeals are dismissed

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

143(2) dated 25.07.2006, which was duly served on the assessee Company. The - - 8 assessee in response to the notice issued appeared on 13.12.2007 and 14.12.2007 and filed written submissions. The assessee claimed that they are in the business of providing comprehensive facilities to IT Industry. Such facilities include provision for specially furnished buildings, special electrical connections, and special arrangement

THE STATE BANK OF HYD. vs. THE JT.COMMI.SPL.RANGE IV HYD.

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

143(1) of the Act; amend anf ir.rtimati< n under sub-section (l) of Section 200A of t-he Act; :rnd arr errd an-v intimation under sub-se cl-iorr (1) of Section 2O6t:L, ol the Act. In the facts of l.hr;.t case, this Court held I liit subsequent decision can valiclh. fc,rm the basis

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

143(3) of the Act. The Assessing Officer (AO) during the assessment proceedings, noticed that: (i) The Assessee had a hundred per-cent export oriented undertaking (100% EOU) at Plot No.A-280 to 283, RIICO Industrial Area, Chopanki, Distt. Alwar (Rajasthan); was registered as EOU in Noida Special Economic Zone and eligible for deduction under Section 10B of the Act. This

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

Commissioner of Income Tax, Guntur. vs. Agricultural Market Committee, Narasaraopet.

In the result, we do not find any merit in this

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

depreciation under Section 32(1)(ii) of the Act in respect of intangible assets of Rs.9,07,25,000/- when the same is not identical, and is based on adhoc estimate basis and not on actual cost as per Section 3 43(1) of the Act? 2. Facts leading to filing of this appeal briefly stated are that the assessee

The Commissioner of Income Tax -V, vs. M/S Secunderabad Club

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

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year): Provided that where an assessment under sub-section (3) of section 148 or this section has been made for the relevant assessment year, no action shall

THE COMMISSIONER OF INCOME TAX-IV vs. M/S QUALITY CARE INDIA LTD

Bench: A.SHANKAR NARAYANA,V RAMASUBRAMANIAN

143(3) r/w Section 153A. After completion of the assessment, the Assessing Officer reopened the assessment under Section 147 by issuing a notice under Section 148, on 31.03.2011. 5. The reason for reopening of the assessment was that while initiating proceedings under Section 147, an amount of Rs.4,73,75,000/- was identified to the assets acquired, which had been

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

Section 143(2) and 143(1) to the assessee. The assessing officer by an order dated 26.03.1999 passed an order of assessment and inter alia quantified the total taxable income at Rs.8,38,38,080/-. 100% Depreciation

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

Section 143(3)/147 of the Act. Assessment Order dated 18th December, 2006 14. The AO observed that the Assessee had not booked any establishment cost, 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

The Commissioner of Income tax III, vs. Biraj Kavar Galada

The appeals are disposed of

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 to Section 115JA of the Act in the light of the judgment of the Apex Court in H.C.L. Comnet where is diminution in the value of assets as contended by the assessee

The Comissioner of Income Tax III, vs. Smt. Shanti Singh,

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

143 or section 144 been concluded "[prior to the nt of the search or the date of asis of such assessments; me have been filed under section e to a notice issued under sub- on 142 or section 148] but ot been made till the date of n, on the basis of the income rns; or filing a return

PROGREESIVE CONSTRUCTIONS LIMITED vs. JT. COMMISSIONER OF INCOME TAX

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

depreciation on tmc[s. Thereafter, uide the assessmenr order dated 31.03.1997 passed under Section 143(3) read with Section 1a8(sz;) o[ the Act, assessing officer computed t zol trn ltz 5 the total incor,re of the assessee at Rs.2,16,89,170.00. Flowever, after adjustmerrt of the refund for earlier assessment y3ars, the amount payabl,: bythe assessee

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

The appeal is dismissed

143 (3) for the assessment year 2007-2008 on 07.09.2009 (A-2). On 29.11.2010, the proceedings GAURAV ARORA 2023.04.03 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

COMM OF INCOME TAX, HYD vs. M/S. BALAN NATURAL FOOD PRIVATE LTD., HYD

Bench: RAMESH RANGANATHAN,KONGARA VIJAYA LAKSHMI

143(2) of the Act were issued on 05.09.2008 and 26.09.2008. The Assessing Officer by order dated 09.12.2009 inter alia disallowed the deduction of Rs.20,00,00,000/- claimed under Section 36(1)(viii) of the Act in respect of special reserve created from the profit earned from long term finance for industrial or agricultural development or development of infrastructure

Commissioner of Income Tax-III vs. Sri N.Sai Baba Naidu

Bench: J SREENIVAS RAO,ALOK ARADHE

143(3), the assessing officer examined the contention of the assessee that the rental income of `1,76,40,000/-, fell to be assessed under the head “income from house property”. He perused the rental agreements and found that the rent consisted of three components i.e. (1) rent for building, (2) rent for the furniture, fittings and fixtures