ANDHRA BANK FINANCIAL SERVICES LTD, HYDERABAD vs. THE COMMISSIONER OF INCOME TAX-I, HYDERABAD

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

Section 13 confers overriding effect on the Special Court Act. It says that provisions of the Special Court Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act or in any decree or order

ANDHRA BANK FINANCIAL SERVICES LIMITED vs. THE COMMISSIONER OF INCOME TAX-I

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

Section 13 confers overriding effect on the Special Court Act. It says that provisions of the Special Court Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act or in any decree or order

ANDHRA BANK FINANCIAL SERVICES LTD,. HYDERABAD vs. THE COMMISSIONER OF INCOME TAX-I, HYDERABAD

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

Section 13 confers overriding effect on the Special Court Act. It says that provisions of the Special Court Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act or in any decree or order

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

section in the 1922 Act was amended in 1939, allowance was given in respect of any non-capital expenditure „incurred solely for the purpose of earning such profits or gains.‟ Under the present law, the expenditure should be laid out „wholly and exclusively for the purposes of the business.‟ The two expressions are not ITA 210/2003 & connected matters Page

Commissioner of Income Tax, vs. M/s. Kokivenkateswara Reddy AND others,

Appeals of the Revenue are dismissed

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

section in the 1922 Act was amended in 1939, allowance was given in respect of any non-capital expenditure „incurred solely for the purpose of earning such profits or gains.‟ Under the present law, the expenditure should be laid out „wholly and exclusively for the purposes of the business.‟ The two expressions are not ITA 210/2003 & connected matters Page

The Commissioner of Income TAx-IV, vs. M/s. Mahaveer Enterprises (India) Limited

The Appeal is dismissed

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

42. Thus, it is clear that on the concession from the Page 22 of 76 C/LPA/94/2008 JUDGMENT DATED: 06/07/2021 RAVJIBHAI PRABHUDAS PATEL SINCE DECD. THR'HEIRS V/s ADDITIONAL COLLECTOR AND COMPETENT AUTHORITY U.L.C. learned Government counsel side, though no Notice under Section 10(6) of the ULC Act was issued and even though the possession was taken by drawing Panchnama

Commissioner of Income tax-VI vs. M/s. Narpat Girji Constructions,

The appeal is allowed

housing quarters for Rs.65,00,00,000/- Crores (Rupees sixty five crores only). The transaction entered into between the company in liquidation and the applicant-Society was not in ordinary course of business, the encumbrance is not on - 17 - OSA No. 19 of 2015 good faith. Before initiating winding up proceedings, the statutory notice would have been issued

The Commissioner of Inccome Tax-III vs. Speectra Shares AND Scrips Pvt Ltd

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

42 ITR 49 5 (1962) 44 ITR 362 6 (1967) 66 ITR 596 ITA Nos.11/2008, 12/2008, 279/2010, 282/2010, 292/2010 -16- KSBC, the rental income earned from such activity be reckoned as income from the business. According to him, the said argument is without merit. That, the mere fact the assessee derives operational advantage is not the criteria for classifying

The Commissioner of Income Tax IV vs. M/s. Nava Bharat Ferro Alloys Ltd.,

Section 114 Illustration „g‟ for non-production of the Will to determine the issue of alternative accommodation which was thus contrary to the record. 38. As noted above, learned ARC relied upon the cross-examination of Harminder Koghar recorded in the civil suit Ex.PW1/R2 extensively as noted in para 35 above. However learned ARC failed to notice that the statement

M/s. Maruthi Movies vs. Income Tax Officer

Bench: This Court & Making The Same A Rule Of Court, Alongwith Decree Against Respondents Awarding Rs.5,35,920/- Paid By The Petitioner To The Arbitrator As Their Share Of Fees As Per Order Dated 21.12.2010. 2. Respondent No.1 Has Filed Its Objections To The Award Under Section 30 & 33 Of The Act In Form Of I.A. No.9067/2011. Respondent No.2 Has Also Filed Its Objections To The Award.

42. I am unable to agree with the submission made by the counsel for respondent no. 1. Even assuming that directing specific performance of an Agreement is at the discretion of the Court, Section 20 of the Specific Relief Act, 1963 before amendment itself states that such discretion is not arbitrary but sound and reasonable, guided by judicial principles

Commissioner of Income Tax vs. Sri Chirla Rama Reddy, Contract

Appeal is dismissed with costs

Bench: The Hon’Ble Mr. Justice N.K.Sudhindrarao R.S.A.No.70/2007

42. In the context and circumstances of the case, before delving on the other aspects of the case, it is necessary to mention that there are three phases in the entire transaction. The first one is, the agreement claimed as Ex.P17 dated 30-2-1991 45 wherein the plaintiff Company entered into an agreement to purchase the suit schedule property

Smt.Sudia Indira vs. The Income Tax Officer

In the result, the appeal from order stand dismissed

42, it is submitted by  learned advocate Ms. Mehta that averments made in plaint para Nos.3  and 4 amounts to sufficient compliance with requirements of law and  therefore, the learned trial Judge has committed error in dismissing the  injunction application on this count.  It is also submitted by Ms. Mehta  that the learned trial Judge has not considered the relevant

The Commissioner of Income -Tax - III, vs. Shri Taher Ali

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

House Rates Control Act, 1947 3 / 79 CRA-322-08gr (for short, 'Act'). The leaned trial Judge also accepted grounds under section 13(1)(e) (unlawful subletting by defendant no.1 in favour of defendant no.2) and 13(1)(k) (non user of the suit premises by defendant no.1-tenant). The Appellate Court decreed the suit only under section

THE COMMISSIONER OF INCOME TAX III HYDERABAD vs. M/s. Vasant Organics Private Limited

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

house property. Even after the death of the deceased, this income towards rent, is continued and therefore, this amount shall be deducted from the gross annual income of the deceased while assessing the compensation amount. 10 fa963.05 Shantaram Vs Janabai & Ors 8. Next submission of the learned counsel for the Insurance Company is that the wife of the deceased continued

THE COMMISSIONER OF INCOME TAX vs. SRI METTAM PENCHALA NAIDU

Bench: This Court That The 1St Assessment Order Of The Ito Was Passed On 28.03.1988, Which Was Challenged Before The Leaned Cit (A) & The Same Was Dismissed On 28.11.1988. Against The Said Order, The Assessee Filed An Appeal Before The Itat, Cuttack Bench, Cuttack, Which Was Dismissed On 19.01.1990. Thereafter, By Order Dated 13.12.1990 Passed In A Misc. Application, The Order Dated 19.01.1990 Was Recalled & The Matter Was Heard Afresh. Again On 10.05.1991, Learned Tribunal Decided The Matter & Allowed The Exemption To The Assessee. The Revenue Filed Writ Petition Before This Court Challenging The Rectification Order Dated 13.12.1990. This Court On 02.12.1991 Allowed The Writ Petition & Quashed The Recalling Order Dated 13.12.1990 As Well As Its Substantive Order Dated

42 ITR 589 (SC). Therefore, the exercise of power under s.254(2) in such a case would be -5- inappropriate. The so-called mistakes highlighted by the assessee in its application for rectification related to certain alleged erroneous conclusions. The conclusions may be inappropriate, but they per se do not constitute mistakes apparent from the record. They are not obvious

The Commissioner of Income Tax III,. vs. Sri Sudhir Sanghi

Bench: This Court That The 1St Assessment Order Of The Ito Was Passed On 28.03.1988, Which Was Challenged Before The Leaned Cit (A) & The Same Was Dismissed On 28.11.1988. Against The Said Order, The Assessee Filed An Appeal Before The Itat, Cuttack Bench, Cuttack, Which Was Dismissed On 19.01.1990. Thereafter, By Order Dated 13.12.1990 Passed In A Misc. Application, The Order Dated 19.01.1990 Was Recalled & The Matter Was Heard Afresh. Again On 10.05.1991, Learned Tribunal Decided The Matter & Allowed The Exemption To The Assessee. The Revenue Filed Writ Petition Before This Court Challenging The Rectification Order Dated 13.12.1990. This Court On 02.12.1991 Allowed The Writ Petition & Quashed The Recalling Order Dated 13.12.1990 As Well As Its Substantive Order Dated

42 ITR 589 (SC). Therefore, the exercise of power under s.254(2) in such a case would be -5- inappropriate. The so-called mistakes highlighted by the assessee in its application for rectification related to certain alleged erroneous conclusions. The conclusions may be inappropriate, but they per se do not constitute mistakes apparent from the record. They are not obvious

The Commissioner Of Income Tax (Central) vs. Madhu Enterprises

Bench: SANJAY KUMAR,GUDISEVA SHYAM PRASAD

42. The learned Advocate General during the course of arguments placed much reliance upon the provisions of Section- 94(3) of the JVAT Act, to contend inter-alia that since the rules are required to be placed before the State Legislature, the same by itself necessarily implies that the Rule making power conferred upon the State Government enabled the State

S.l. Shiva Raj vs. Commissioner of Income Tax,

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

42. The learned Advocate General during the course of arguments placed much reliance upon the provisions of Section- 94(3) of the JVAT Act, to contend inter-alia that since the rules are required to be placed before the State Legislature, the same by itself necessarily implies that the Rule making power conferred upon the State Government enabled the State