M/S NMDC LIMITED vs. DEPUTY COMMISSIONER OF INCOME TAX

The appeal is allowed

Bench: T.VINOD KUMAR,M.S.RAMACHANDRA RAO

47. This Court deems it fit and proper to take into consideration the meaning of “cruelty‟ as has been held by the Hon’ble Apex Court in Shobha Rani v. Madhukar Reddi, (1988)1 SCC 105 wherein the wife alleged that the husband and his parents demanded dowry. The Hon’ble Apex Court emphasized that “cruelty” can have no fixed

Commissioner of Income Tax-II vs. M/s.Kalyani Wines

In the result, I find this appeal bereft of merit and accordingly,

Bench: Hon’Ble Mr. Justice Robin Phukan

reassessing the materials before the Arbitral Tribunal and substituting its view/opinion. xiii) The finding recorded by the learned Court to the effect that the respondent contractor had failed to complete the jobs within the stipulated period in terms of the contract and hence on the prayer of the respondent contractor time was extended by the applicant for completion is perverse

EVEREST ORGANICS LTD vs. THE COMMISSIONER OF I.T., HYDERABAD

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

Sections 147/148 of the IT Act. Consequently, the answer to this question is given in favour of assessee to hold the decision of AO to reassess the assessee was not independent but was at the instance of superior officer. 42. Now next coming to the substantial questions of law which were admitted for hearing at the instance of Revenue

C. SANYASI RAJU vs. THE ASST. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE, VIZAG.

Bench: C.V.NAGARJUNA REDDY,T.AMARNATH GOUD

Sections 147/148 of the IT Act. Consequently, the answer to this question is given in favour of assessee to hold the decision of AO to reassess the assessee was not independent but was at the instance of superior officer. 42. Now next coming to the substantial questions of law which were admitted for hearing at the instance of Revenue

The Commissioner of Income Tax-III vs. M/s.Samrakshna Electricals Ltd

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Sections 147/148 of the IT Act. Consequently, the answer to this question is given in favour of assessee to hold the decision of AO to reassess the assessee was not independent but was at the instance of superior officer. 42. Now next coming to the substantial questions of law which were admitted for hearing at the instance of Revenue

M/s.GVK Petro Chemicals Private Limited,(Novo Resins AND vs. The Deputy Commissioner of Income Tax,

Sections 147/148 of the IT Act. Consequently, the answer to this question is given in favour of assessee to hold the decision of AO to reassess the assessee was not independent but was at the instance of superior officer. 42. Now next coming to the substantial questions of law which were admitted for hearing at the instance of Revenue

COMM.OF INCOME TAX BANGALORE vs. NAVABHARAT ENTERPRISES HYD

In the result, Income Tax Appeal No

Bench: This Court & Hence Both Appeals Have Been Heard Together & Are Being Decided By This Common Judgment. 2. Sri Ravi Kant, Senior Advocate Assisted By Sri Rahul Agarwal, Advocate Have Appeared On Behalf Of Assessee & Sri Manish Goel, Advocate Has Put In Appearance On Behalf Of Revenue. 3. Revenue'S Appeal Was Admitted On The Following Substantial Questions Of Law:- (1)Whether On The Facts & In The Circumstances Of The Case, Tribunal Was Right In Holding That Authorization For Search

reassessment” in Section 132B shall be construed as references to “block assessment” . (emphasis applied) 26. Photocopy of warrant of authorisation issued in Form 45 under Section 112(I) of Income Tax Rules, pursuant whereto search was conducted at Assessee's premises on 28.11.1996 was produced before Tribunal, which are quoted in para 11.2 of Tribunal's order and relevant extract

The Pr. Commissioner of Income-tax-4 vs. Sri. Krishna Chigullapally

Bench: N.TUKARAMJI,UJJAL BHUYAN

2) TMI 1247 9 (2017) 77 Taxman.com 219 (All) STRP NO. 08 OF 2022 AND CONNECTED MATTERS 36 similar to the facts in Nokia India Case. In the Samsung India Case, the Hon’ble High Court of Allahabad has interpreted the provisions contained in Article 366(29A) of the Constitution of India which mainly relates to the transfer of goods

M/s. Kausalya Shelters Private Limited vs. Deputy Commissioner of Income Tax

Bench: N.TUKARAMJI,UJJAL BHUYAN

47 Signature Not Verified OMP(COMM) 274/2022 Page 57 of 76 (c) In case of termination by the Sub Lessor under this sub- clause 8A, the Sub Lessee shall be further liable to pay the total aggregate rent for the remainder portion of the unexpired Lock-in Period of the sub lease (hereinafter referred to as the 'Balance Rent

M/s. PLL-Suncon Joint Venture vs. The Deputy Commissioner of Income Tax

47. Counsel for the appellant has argued that the arbitrator took into account various letters/ documents authored by O.P. Kapoor wherein he admitted the factum of Appellant being a partner in the firm. These letters were all of the period after the date of the dissolution deed dated 31.03.1992. The counsel further argued that Kapoor Sons

PR COMMR OF INCOME TAX-2, HYDERABAD vs. K RAVINDER REDDY, HYDERABAD

Bench: RAMESH RANGANATHAN,KONGARA VIJAYA LAKSHMI

reassessment proceedings. The assessees resisted the move to assess them, contending that they were not subjected to income tax laws of India as they had no permanent establishment. The AO by order dated 31.12.2008 held that the appellant has a fixed place PE and DAPE in India. Further, the AO also deemed 10% of the value of supplies made

The Commissioner of Income Tax (Central) vs. M/s Hyderabad House Pvt Ltd.,

47. It may be mentioned here that in certain later decisions, the Supreme Court has commended taking into account the “good career prospects” of children who have been brilliant in studies for notionally determining their future income for calculation of compensation, particularly for those in the age group of 15 to 18 years. For illustration, one may refer to V

M/S.MALLIKARJUNA RICE INDUSTRIES vs. THE INCOME TAX OFFICER

Bench: N.TUKARAMJI,UJJAL BHUYAN

2) ro 6 Section 147 of the Act, even where an assessrrcnr is made, so long as the notice is issued under Section l4g of the Act within four years from the end of rhe relevant assessment )ear, if the income chargeable to tax is under assessed, ir has to be deemed that such income had escaped assessment and thus

SYED ABBAS MIAH vs. INCOME TAX OFFICER,WARD-I,KURNOOL

2) v. State of Haryana, (2006) 7 SCC 241] cases and all other judgments that follow these pronouncements are to the extent of such reliance overruled. 1159.7. A tax on entry of goods into a local area for use, sale or consumption therein is permissible although similar goods are not produced within the taxing State. 1159.8. Article 304(a) frowns

The Pr. Commissioner of Income-Tax-1 vs. M/s. New River Software System Pvt Ltd.,

The appeals are dismissed

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

47,897/- on unsecured loans was added under Section 68 of the Act and an amount of `1,51,200/- which was expended on the foreign guests was added. 3. Apropos the appeals filed in 2015, a similar reassessment order was passed pursuant to the search proceedings under Section 132, whereby inter alia additions of various amounts were made under

The Commissioner of Income Tax-I vs. Adaptec [India] Ltd

The appeals are dismissed

47,897/- on unsecured loans was added under Section 68 of the Act and an amount of `1,51,200/- which was expended on the foreign guests was added. 3. Apropos the appeals filed in 2015, a similar reassessment order was passed pursuant to the search proceedings under Section 132, whereby inter alia additions of various amounts were made under

Dr.D. Siva Sankara Rao-HUF vs. I.T.O. Ward-2, Eluru

Bench: GODA RAGHURAM,M.S.RAMACHANDRA RAO

47 of 171 Through: Mr. Sanjay Kumar Pathak, Standing Counsel with Ms. K.K. Kiran Pathak, Mr. Sunil Kumar Jha, Mr. M.S. Akhtar and Mr. Divakar Kapil, Advocates for UOI. + LA.APP. 454/2010, CM APPL. 14079/2015 & 21034/2019 DAYA KISHAN DECD THR LRS & ORS .....Appellants Through: Mr. Bhagwat Pd. Gupta, Mr. Rajesh Gupta and Mr. Ganga Ram Upadhyay, Advocates. versus UNION OF INDIA