Commissioner of Income Tax-II vs. M/s.Jayalakshmi Chits

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

gains,  accrued   by   sales   of   relevant   shares,   is  irrelevant for deciding the allowability or  otherwise of loss shown by the assessee on  alleged sale of these shares, as sales have  not   been   conclusively   established   by   the  assessee. 26.   In   view   of   above   discussion,   we   hold  that   as   assessee   could   not   establish   the  factum   of   sales   made   to   his/her   associate  concern

The Commissioner of Income Tax - VI vs. M/s. Manikanta Iron AND Hardware

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

gains,  accrued   by   sales   of   relevant   shares,   is  irrelevant for deciding the allowability or  otherwise of loss shown by the assessee on  alleged sale of these shares, as sales have  not   been   conclusively   established   by   the  assessee. 26.   In   view   of   above   discussion,   we   hold  that   as   assessee   could   not   establish   the  factum   of   sales   made   to   his/her   associate  concern

Commissioner of Income Tax-V, vs. Sri Vinod Krishna Conjeevaram,

The appeal is dismissed

gains”. Similarly, the assessing authority noticed that one of the partners Sri Mahesh G. Shetty had introduced Rs.40 Lakhs as capital in the appellate firm. On going through the capital account of the partner, the assessing authority found that there was no mention about this amount. Therefore, the assessing authority treated this as an unexplained cash credit under Section 68

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

gains‟ in their hands in their returns would not be relevant in deciding the issue whether the payment by the Assessee should be treated as „business expenditure.‟ As explained by the Madras High Court in CIT v. Sarda Binding Works 102 ITR 187 (Mad), it is the point of view of the payer which is relevant. 37. The decision

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

Appeals of the Revenue are dismissed

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

gains‟ in their hands in their returns would not be relevant in deciding the issue whether the payment by the Assessee should be treated as „business expenditure.‟ As explained by the Madras High Court in CIT v. Sarda Binding Works 102 ITR 187 (Mad), it is the point of view of the payer which is relevant. 37. The decision

THEE COMMSSR.OF INCOME TAX.HYD. vs. CHALLA SHANKER REDDY.HYD.

Bench: L.NARASIMHA REDDY,T.SUNIL CHOWDARY

Capital Gains Taxes under the Development Agreements dated 24'11' 1993' This letter was written after Income Tax raids were conducted in the premises of the appellant No.2/C.V. Rao on 23.02.1996 and O3'O4'1996 This letter is a ciucial document and discussed in ' the later part of the judgment. 33. Revised plans were issued on 07.04.1997 in the name

COMMR.OF I.T. RAJAHMUNDRY vs. M/S.NARAYANA CHOWDARYAND ORS KAKINADA

Bench: CHALLA KODANDA RAM,G.CHANDRAIAH

Capital Gains Taxes under the Development Agreements dated 24'11' 1993' This letter was written after Income Tax raids were conducted in the premises of the appellant No.2/C.V. Rao on 23.02.1996 and O3'O4'1996 This letter is a ciucial document and discussed in ' the later part of the judgment. 33. Revised plans were issued on 07.04.1997 in the name

COMMISSIONER OF INCOME TAX - (TDS), vs. M/s. Suman Chit Funds (P) Ltd.,

Capital Gains Taxes under the Development Agreements dated 24'11' 1993' This letter was written after Income Tax raids were conducted in the premises of the appellant No.2/C.V. Rao on 23.02.1996 and O3'O4'1996 This letter is a ciucial document and discussed in ' the later part of the judgment. 33. Revised plans were issued on 07.04.1997 in the name

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

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 to consider judgment of this Court in DIT vs. Vishwa Jagriti Mission, ITA No.140/2012 (Del.). 7. The controversy in question

V.C. NANNAPANENI vs. COMMISSIONER OF INCOME TAX,

In the result, the appeals are allowed

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

68,625/- and in the process of determination, the said officer has included a sum of Rs.1,50,00,000/- received by the appellant from Ranbaxy Laboratories Limited (hereinafter referred to as “RLL”) towards “non-competition fee” included under the head “income from other sources” and treated it as revenue receipt and accordingly subjected the same to tax. As regards

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

The Appeal is dismissed

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

capital gains on transfers, to invest unaccounted money (`black money') and to avoid payment of `unearned increases' due to Development Authorities on transfer. 2. The modus operandi in such SA/GPA/WILL transactions is for the vendor or person claiming to be the owner to receive the agreed consideration, deliver possession of the property to the purchaser and execute the following documents

M/s. Canara Securities Ltd vs. Dy. Commissioner of Income Tax

Bench: M.S.RAMACHANDRA RAO,T.AMARNATH GOUD

Section 178 of the Companies Act, 2013. Therefore, the Chairman of the company, HVL cannot arrogate unto himself the power to cause such appointment when such power ultimately rests with the Board of Directors. The observation of the two Joint APLs that the evident performance of BCrL, the flagship company of MP Birla Group is deteriorating ever since, HVL became

Commissioner of Income Tax-II vs. Energy Solutions International India Pvt Ltd.,

Bench: J. UMA DEVI,V RAMASUBRAMANIAN

capital expenditure or personal expenses of the assessee) laid out or expended wholly and exclusively for the purpose of the business or profession shall be allowed in computing the income chargeable under the head “Profits and gains of business or profession…”. The text of this sub section shows its building blocks such as: ‘expenditure’, ‘wholly and exclusively’ and ‘incurred

Commissioner of Income Tax (TDS), vs. M/s Country Club Inda Limited

capital asset situate in India: [Explanation 1] –For the purposes of this clause—(a) in the case of a business of which all the operations are not carried out in India, the income of the business deemed under this clause to accrue or arise in India shall be only such part of the income as is reasonably attributable

THE COMMISSIONER OF INCOMETAX vs. M/S V.SATAYANARAYANA

The appeal is allowed

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

Capital Territory of Delhi)16 the Hon’ble Supreme Court observed as follows : 16. On the said aspect, we would now refer to Section 20 of the Act which reads as under: ―20. Presumption where public servant accepts gratification other than legal remuneration.—(1) Where, in any trial of an offence punishable under Section 7 or Section 11 or clause

The Commissioner of Income Tax IV vs. Margadarshi Chit Fund Pvt. Ltd.,

The appeal is dismissed

capitalized and depreciation was ordered to be charged on it. Rs.7650/- were added to the income of the assessee on account of telephone expenses, as the assessee admitted the expenditure incurred on account of telephones installed at residences. Further addition of Rs.2,00,000/- was made on account of sale of rice, as no stock was maintained by the assessee

The Commissioner of Income Tax IV vs. Shri Raaj Kumar Jain

Capital) Appeal No. 1475 of 2009 corresponding to Reference No. 3 of 2009, by a co-ordinate bench of this Court on 11th September, 2009. The judgment of this Court in 'XYZ' has been affirmed by the Supreme Court in Criminal Appeal No. (s). 2227 of 2010, decided on 15.2.2011, with summary dismissal of appeal. 15. Separate and distinct trials

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

Bench: RAMESH RANGANATHAN,KONGARA VIJAYA LAKSHMI

section. Nonetheless, as an overall matter, GE is correct that in some instances, ITAT‟s characterization of certain conversations appears to overstate the importance of the activities in India (for e.g. e- mail chain on Reliance-GT Exhaust Height; e-mail chain on confirmation of RIL PO No. DG8/3389741). Nevertheless, in many other instances, ITAT‟s decision is sound