The Commissioner of Income Tax-1 vs. Harmahendar Singh Bagga

Bench: CHALLA KODANDA RAM,G.CHANDRAIAH

50% of depreciation unavailed under Section 32(1)(iia) in the previous year ending on 31.03.2009, whether could be allowed

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

50% allowable. The mistake was bonafide in nature. Therefore, it cannot be said that assessee had claimed wrong depreciation with a malafide intention. The decision relied upon by Id. A/R is squarely applicable on the facts of the present case. Therefore, in view of the detailed reasoning given by Id. CIT(A) and in view of various other case laws

The Pr. Commissioner of Income-tax vs. D.L.V. Sridhar

Bench: D.V.S.S.SOMAYAJULU,RAMESH RANGANATHAN

depreciation in the ratio of 50:50, he observed, appeared to be disproportionate and without cogent basis. Computer, office equipment, furniture and fixtures, vehicles etc. must have been used for software development activity and, therefore, should be suitably accounted in both the eligible and non-eligible units. Bad debt of Rs.1,23,80,391/- written off ITA No.365/2018 Page

The Commissioner of Income tax III vs. M/s. Sree Sree Wines

Accordingly, the appeal (ITAT/75/2010) stands dismissed

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

50% depreciation on “Purely Temporary Erections” used for less than 180 days? iv) Whether, the Learned Income Tax Appellate Tribunal “A” Bench, Kolkata erred in Law in not treating the 100% depreciation as revenue expense and in wrongly applying the provisions of Section

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 (TDS), vs. M/s Country Club Inda Limited

50% of the alleged profits to the alleged PE of the Appellant in India and whether such approach and quantification was inconsistent with Article 7 of the DTAA? ITA 666/2014 & Ors. Page 7 of 57 (v). Whether Tribunal erred in confirming the levy of interest under section 234B of the Act?‖ 7. The principal controversy involved in these appeals

M/s.CCL Products [India] Limited vs. The Commissioner of Income Tax-I

Section 263 of the Act was valid as the assessment order passed was erroneous and prejudicial to the interest of the revenue? 8. The Tribunal had accepted that there was no unexplained income on account of either sales or purchases. The addition was sought to be made by the Income Tax Department on the basis of statement made by Shri

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:

depreciation of rolls prior to 4 30th September, 1991 as 100% and thereafter at 50%, so it to be assumed that the expenditure should be treated as capital expenditure. This aspect was also considered in the case of Malhotra Industrial Corporation taking note of the decision of the High Court of Karnataka in the case of Mysore Spun Concrete Pipe

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

The appeal is dismissed

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

depreciation relating to fixed assets acquired for the development and related expenses and the sale price of the undivided share in the land at the rate of Rs.150/- per square foot payable by the intending purchasers as per Article 6 hereof. 8.3 The amount payable to the First Party under Article 8.1 be paid together with the sale price

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 IV vs. Margadarshi Chit Fund Pvt. Ltd.,

The appeal is dismissed

Section 40 (a) (ia) of the Act 1961 payment of Rs.1,01,016/- made to Satake India Engg (P) Ltd on account of AMC was disallowed. Further Rs.56,650/- incurred on purchase of UPS held to be capitalized and depreciation was ordered to be charged on it. Rs.7650/- were added to the income of the assessee on account of telephone

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

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

50 to 59 / DC (A) lll/ CIT (A) lll/ 89-90 Between: The State Bank of lndia having its registered office at Gunfoundry, Hyderabad - 500 001 , rep. by its Chief Manager ( Finance & Taxation ) , Mr. C. Ramaswamy ...... APPELLANT APPELLANT Deputy Commissioner of lncome - Tax, Circle 3 (2) Signature Towers , Kondapur, Hyderabad - 500084 Respondent ( Dismissal for defanlt order dated

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 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

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

Depreciation 1,05,72,696 1,10,86,334 1,26,18,427 1,39,66,450 Total Expenditure 4,81,29,896 4,75,41,722 5,01,63,902 3,88,21,912 Profit for the year 2,53,21,438 2,09,87,242 62,58,319 836236 Add Balance brought forward

COMMISSIONER OF INCOME TAX-II vs. M/S.TRANSPORT CORPORATION OF INDIA

In the result, we set aside the assessment orders, except to

Bench: P.SAM KOSHY,LAXMI NARAYANA ALISHETTY

depreciation claimed by the assessee was also allowed. In all other respects, the assessment orders were confirmed. 3. The Revenue and the assessee filed appeals challenging the orders passed by the first appellate authority before the Tribunal. The Tribunal disposed of those appeals by Annexure C orders. The appeals filed by the Revenue were allowed and among the appeals filed

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