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

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

Appeal is allowed

Bench: SANJAY KUMAR,GUDISEVA SHYAM PRASAD

depreciation of Rs.6,30,834/-.The net addition of the difference of Rs. 18,92,500/- is therefore upheld. Grounds 3.1 to 3.3 also fail.” (emphasis supplied) 17. The Tribunal, by its order dated 8.9.2016 while considering the contention regarding the deduction claimed with regard to the expenditure incurred towards trademark has, after noticing paras

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

Bench: J SREENIVAS RAO,ALOK ARADHE

Section 22. The assessee is not aggrieved by this part of the decision of the Tribunal. He is, however, aggrieved by the other part of the order whereby the Tribunal held that the rental income from other lessees was held assessable under the head “income from other sources” and not under “income from house property”. The Tribunal found that

Commissioner of Inccome Tax vs. Agricultural Market Committee

In the result, the appeal filed by the revenue

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 16Th March, 2023 Appearance : Mr. Smarajit Roychowdhury, Adv. ...For The Appellant. Mr. J. P. Khaitan, Sr. Adv. Mr. Sanjoy Bhowmick, Adv. Ms. Swapna Das, Adv. ...For The Respondent. The Court : This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The ‘Act’ For Brevity) Is Directed Against The Order Dated 30Th November, 2010 Passed By The Income Tax Appellate Tribunal, “A” Bench, Kolkata (The Tribunal) In Ita No.368 & 369/Kol/2010 Years 2005- 06 & 2006-07. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration:

Section 2(22)(e) of the Income Tax Act ? We have heard Mr. Smarajit Roychowdhury, learned standing counsel appearing for the appellant/revenue and Mr. J. P. Khaitan, learner Senior Counsel assisted by Mr. Sanjoy Bhowmick and Ms. Swapna Das, learned Advocates for the respondent/assessee. It is not in dispute that the tax effect for the assessment year

Shri Maneklal Agarwal vs. The Deputy Commissioner of Income Tax

The appeals are allowed and

Bench: A RAMALINGESWARA RAO,DILIP B. BHOSALE

22. The Supreme Court in the case of Sardamani Kandappan v S. Rajalakshmi and others, (2011) 12 SCC 18, had an occasion to consider the aspect 17 CFA Nos. 1/2005 & 2/2005 relating to grant of discretionary relief of specific performance. In the context of the instant case, it would be apt to refer to paras

Commissioner of Income Tax vs. Sri P.Sarveswara Rao

Appeals are partly allowed, in view of the

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

depreciation and not the grant of deduction in respect of Sales-tax collections which had not been paid in accordance with the provisions of sec.43-B of the IT Act. (e) No objection on the issue whether the assessee‟s industrial undertaking was set up in a backward area, notified by the Central Govt. for the purpose of benefit under provisions

Commissioner of Income Tax vs. Mohan Milk Line Pvt Ltd

The appeals are allowed only to the aforesaid

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

depreciation and the adjustment against the income of the respective assessment year, was at large to be considered. The peculiar circumstances in the case are that in the earlier round of litigation, the question - 8 - of entitlement was considered and further, the computation thereof was indirectly deemed as concluded. The order of the CIT (Appeals) can be considered in light

Principal Commissioner of Income Tax-2 vs. M/s Indur Green Power Private Limited

In the result, all the appeals fail and are hereby

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

22,221 3,97,33,149 Expenditure Operating Expenses 2,97,86,327 2,92,31,480 3,10,33,514 1,62,44,044 Administrative & General Expenses 75,90,435 72,16,710 59,16,501 75,94,422 Interest & Financial Charges 1,80,438 7198 5,95,460 10,16,946 Depreciation

Commissioner of Income-Tax, vs. Rangaraya Medical College Old Students Association

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 16 of the Reforms Act, was granted. The order passed by the APERC was upheld by a Bench of this Court by an order dated 08.O6.2O01 in C.M.A.No.L97I of 2OOO and other connected matters- 10. Against the aforesaid order passed by a Bench of tltis Court, a Special Leave Peti(ion was preferred. 11. The Honble Supreme

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

The appeals are dismissed

Bench: P.SAM KOSHY,SUDDALA CHALAPATHI RAO

depreciation. The rate of minimum tax was kept at a modest figure deeming 30 per cent of book profits as total income. This modest amount is likely to go down further with the downward revision of corporate tax rate to 35 per cent and abolition of surcharge. xxxx xxxx xxxx xxxx 45.4 The Act also inserts a new section 115JAA

THE COMMI.OF INCOME TAX,HYD. vs. VAIBHAV

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

Section 145 of the Act, determined net profit of the assessee at Rs.63,i3,326.00. Funher making allowance for business loss and depreciation of earlier )tars, the income of 5 us the assessee was quantified at Rs. 22

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

The appeals are disposed of

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

22,862/- in accordance with RBI guidelines and accounting employed which had been accepted earlier cannot be treated as the income of the assessee? (ii) Whether the Tribunal was correct in failing to appreciate Section 43D of the Act and Section36(1)(vii) read with Section 36(2)(i) of the Act which contemplated treating the said amount as income

The Commissioner of Income Tax-IV vs. M/s.Mold-Tek Technologies Ltd

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

depreciation exceeds the surplus as generated from holding coaching classes. In addition, the petitioner institute provides study material and other academic support such as facilities of a library without any material additional costs. The Supreme Court in the case of State of Andhra Pradesh v. H. Abdul Bakhi and Bros. (supra) held as under: The expression "business" though extensively used

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

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

22. It is ir the above backdrop that the -rrcier ol the Tribunal dat.d 23.02.2001 refusing to rectif',, r.hc p:evic,us order dated : 2 10.1997 is required to be consi,::red 23. Let us now advert to Section 254 of tht: Acl rvhich deals rvith o ders of Appellate Tribunal. Siub :.e,::tion (2) of Section

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