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

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 1,05,72,696 1,10,86,334 1,26,18,427 1,39,66,450 Total Expenditure

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 -V, vs. M/S Secunderabad Club

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

33,370/-. These expenses have to apportion according W.P.(C) 422/2006, 2794/2008, 2795/2008 & 8177/2008 Page 4 of 10 to sales which has not been done resulting in excess claim of deduction in certain units and increased loss in certain units. The total sales of all units have been declared at ₹ 246,11,90,504/- (c) Besides, there were other items

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

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

AP. STATE SEEDS DEVELOPMENT CORPORATION, HYD. vs. THE COMMISSIONER OF INCOME TAX-I, HYD.

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

depreciation which woul l be required to be set off against the profit I / 8 of the relevant previous year as if the provisions of clause (b) of the first proviso to sub-section (1) of Section 205 of the Companies Act, 1956 (1 of 1956), are applicable. (2) Nothing contained in sub-section (l) sha.ll a-ffect the determination

Commissioner of Income Tax, vs. Agricultural Market Committee,

In the result, the appeal (ITA/70/2011) is allowed to the extent indicated

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 20Th March, 2023 Appearance : Mr. C. Bhaskaran, Adv. Ms. Swapna Das, Adv. …For The Appellant. Mr. Aryak Dutt, Adv. …For The Respondent.. The Court : - This Appeal Filed By The Assessee Under Section 260A Of The Income Tax Act (The Act) Is Directed Against The Order Dated September 30, 2009 Passed By The Income Tax Appellate Tribunal “B” Bench, Kolkata In Ita No.2486/Kol/2007 For The Assessment Year 2003-2004. The Appeal Was Admitted On 18.03.2011 On The Following Substantial Questions Of Law:- “1. Whether The Tribunal Below, While Interpreting Section 36(1)(Viia)(A) Of The Income-Tax Act, 1961, Committed Substantial Error Of Law In Holding That Deduction Under The First Proviso Was Alternative To That Under Sub-Clause (A) & That No Deduction Under The First Proviso Was Allowable If Deduction Had Been Allowed Under Sub-Clause (A) Thereby Rejecting The Appellant’S

33,70,000/- under the first proviso ? 2. Whether the Tribunal below committed substantial error of law in holding that the proviso of sub-sections (2) and (3) inserted in Section 14A of the Income Tax Act, 1961 with effect from April 1,2007 and Rule 8D inserted in the Income Tax Rules 1962 on March 24, 2008 was procedural

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

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

depreciation allowancc to the l8 assessees. Based upon the said Supreme Court decision, rectification orders were passed by the successor assessing authority. Whether a subsequent decision can be the basis for "rectifying" a.:n ea.rlier order in exercise of the powers under section 154 of the lncome-ta-x Act? Although the opening words of section 154(l) - "with

Commissioner of Income Tax [TDS] vs. The Executive Engineer

In the result, these appeals fail and are

Bench: RAMESH RANGANATHAN,M.SEETHARAMA MURTI

section 115 JB of Act? 8. Whether on the facts and in the circumstances of the case, the Tribunal erred in allowing the relief with regard to losses which were due to operational mistakes, related mainly to ATM transactions of customer and that loss is essential capital loss incurred for operational purposes? 9. Whether on the facts

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

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

33 W.A.NO: 910 OF 2005 Writ Appeal under clause 15 of the Letters Patent filed against order dated 6- 12-2OO4 in WP Nos.10144 of 2OO4 on the file of the High Court. Between: 1. Transmission Corporation of A.P. Ltd., Vidyut Soirdha, Hyderabad. ...APPELLANT/RESPONDENT 2. Central Power Distribution Co.of A.P.Ltd., Singareni Bhavan, Red Hills, Hyderabad. ...APPELLANT/RESPONDENT

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

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

Shri Maneklal Agarwal vs. The Deputy Commissioner of Income Tax

The appeals are allowed and

Bench: A RAMALINGESWARA RAO,DILIP B. BHOSALE

Section 73 of the Contract Act, 1872 is of damages, and, the Specific Relief Act, 1963 only provides the alternative discretionary remedy that instead of damages, the contract in fact should be specifically enforced. Thus for breach of contract the remedy of damages is always there and it is not that the buyer is remediless. However, for getting specific relief