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

COMMISSIONER OF INCOME TAX-III, HYD vs. M/S. SUJANA METALS LTD, HYD

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

depreciation is prescribed”. 8. It can also be said that the „right to carry on any business‟ has been recognized by the legislature as capital asset for the purposes of assessing and computing the capital gains as is clear from the reading of Section 55 (2) (a) of the Act, which is in the following terms:- (2) For the purposes

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 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

2) of the Prevention of Corruption Act, 1988. The appellant denied the charge and claimed trial. 4. In order to prove the charge against the appellant, the prosecution has examined as many as 36 witnesses. The statement of the accused appellant under Section 313 of Cr.P.C. has also been recorded in which he denied the circumstances appears against him, plead

Principal Commissioner of Income Tax - 5 vs. M/s Vijay Textiles Limited

The appeal is dismissed

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

2. The property in Survey Nos.19 and 20 of Ambalipura Village, Varthur Hobli, Bangalore South Taluk is fully described in the Schedule hereunder written and delineated in red on the plan annexed hereto and hereinafter called “the contract property”. The First Party hereby permits the Second Party to enter into and upon the contract property (including the land occupied

Commissioenr of Income Tax vs. Dr. T. Ravi Kumar

2,09,72,07/-. In view of above, the revised total depreciation claim of Rs. 3,16,84,86,154/- was intimated to the AO with a request that the same be accepted at the time of finalization of the assessment. In the reply dated 17.10.1997 the appellant company took care to enclose revised chart of depreciation as a separate

The Commissioner of Income Tax - IV vs. M/s. Mekins Agro Product (P) Ltd.

depreciated. In other words, Rs.60,000/- is to be treated as application of money for the purpose of clause 'a' to Section v.. V 11(1). 6. Initially we were inclined to accept the submission raised by the Revenue that there are several good reasons why we have declined to interfere and refer the matter to a larger bench

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

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

45,33,370/-. 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

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

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

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

PR COMMISSIONER OF INCOME TAX vs. R SURYANARAYANA

In the result, the appeal filed by the revenue stands

Bench: RAMESH RANGANATHAN,KONGARA VIJAYA LAKSHMI

45,778/- on account of additional depreciation made by the assessing officer without citing any cogent reason merely by stating that the findings of the CIT (Appeals) was not rebutted by the department before it whereas the fact was that the department relied on the finding made by the assessing officer in the assessment order? (iii) Whether on the facts

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

The appeal is disposed of

2. Facts leading to filing of this appeal briefly stated are that assessee is a Trust engaged in the business of construction and real estate activities and is registered under Section 12AA of the Act on 07.12.2007. The assessee filed the return of income for the Assessment year 2009-10 and declared total turnover to the tune of Rs.194.24 Crores