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

The appeal is disposed of

10 INCOME-TAX’, (2000) 243 ITR 83W (SC) and ‘COMMISSIONER OF INCOME-TAX VS. HERO AUTO LTD.’, (2012) 343 ITR 342 (DEL). 6. We have considered the submissions made by learned counsel on both the sides and have perused the record. Before proceeding further, it is apposite to take note of the relevant extract of Section

Principal Commissioner of Income Tax (Central) vs. Sri Ch.Govardhan Naidu

The appeal stands allowed to the extent indicated

Bench: ABHINAND KUMAR SHAVILI,SATISH CHANDRA SHARMA

68 of the Act or for that matter for taking action under Sections 131/133(6) of the Act and simply proceeded to decide the appeal of the appellant/assessee against the mandate of the aforesaid provisions of law. 10. Accordingly

The Commissioner of Income Tax-III, Hyderabad vs. M/s. Vasant Intermediates Private Limited

The appeal is dismissed

Bench: The Hon’Ble Mr.Justice Ashok S. Kinagi

10. The plaintiffs are claiming title based on the Will dated 13.06.1956. Execution of the said Will was denied by the defendants. In order to prove the execution of proof of the Will, it is necessary to consider Section 63 of the Indian Succession Act which reads as under: 23 “63. Execution of unprivileged wills.— Every testator

A.P.State Civil Supplies Corporation Limited vs. The Income tax Officer

Bench: J SREENIVAS RAO,ALOK ARADHE

68 of the Evidence Act?” FAO No. 327/2007 Page 9 of 12 21. While replying the first question, the Apex Court has observed:- “Question-1: 9. 'Will' and 'codicil' are defined respectively in Clauses (h) and (b) of Section 2 of the Indian Succession Act, 1925 as under:- "2(h) 'will' means the legal declaration of the intention

Commissioner of Income Tax-II vs. Sri B.Ramanarayanba Rao

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani & The Hon’Ble Justice Rajarshi Bharadwaj Date : 12Th December, 2023 Appearance: Ms. Anupa Banerjee, Adv. …For The Appellant. Mr. Amit Sharma, Adv. ...For The Respondent. 1. Supplementary Paper Book Filed Today By The Assessee Is Taken On Record. 2. Heard Ms. Anupa Banerjee, Learned Counsel For The Appellant/Assessee & Mr. Amit Sharma, Learned Standing Counsel For The Respondent/Income Tax Department. Facts: 3. Briefly Stated Facts Of The Present Case Are That The Assessee Is Engaged In Trading (Export & Domestic) Of

10 him. But where the assessee had offered explanation supported by documentary evidences including receipt of payment by cheque and the genuineness of the cheque or the party to whom the jewellery were sold, could not be disputed by the department based on any evidence or adverse material then Section 68

The Commissioner of Income Tax - II vs. M/s. Kumar Raja Associates

In the result, all the Tax Revision

Bench: Floor, Opp.Gurudware Bus Stop, Th Stat, 0/O.Meghana Towers, 4 Visakhapatnam. ... Petitioner & M/S.Pulp-N-Pack [P] Limited, Tadimalla ... Respondent : Sri T.C.D.Sekhar, Gp For Commercial Tax Counsel For The Respondent : Sri S Suribabu, Representing On Behalf Of Sri S R R Viswanath Counsel For The Petitioner

10 SCC 201] (hereinafter referred to as Kesoram Industries case, for brevity). In the later decision, a Bench of five Judges, after citing the above passage from Justice G.P. Singh's treatise, summed up the following principles applicable to the interpretation of a taxing statute; 37 RNT, J & HN, J TREVC. No. 83 of 2008 & batch ‘(/) In interpreting

Commissioner of Income Tax-I vs. M/s. BDR Projects Pvt. Ltd.

10 of Section 28 of the Act to the extent that the SCN was issued prior to 8th April 2011. As far as actions now taken, after the insertion of Section 28 (11) of the Act, since it is a deeming provision, it empowers the officers of the DRI, DGCEI etc. to issue SCNs even

The Commissioner of Income Tax-III vs. M/s.Visakha Industries Ltd

The Appeal is dismissed

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Section 68 will be attracted only when the assessee offers no explanation or the explanation so offered is not satisfactory to the Assessing Officer. It was found that in the present case assessee had established the identity of the creditor, the source for the credit and the genuineness of the transaction and had thereby discharged the initial burden

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

sections 68 and 69 of the Act. In consideration of all these observations, we are inclined to hold that the share application money as raised in the grounds of appeal ITA Nos.547/2013 & other connected matters Page 9 of 13 cannot be held as non-genuine and added as income of the assessee u/s 68 of the Act. Consequently, additions

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

The appeals are dismissed

sections 68 and 69 of the Act. In consideration of all these observations, we are inclined to hold that the share application money as raised in the grounds of appeal ITA Nos.547/2013 & other connected matters Page 9 of 13 cannot be held as non-genuine and added as income of the assessee u/s 68 of the Act. Consequently, additions

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

10,00,000 (Ten Lacs.) Equity shares of Rs. 10/-(Rupees Ten only) each. IX. True accounts shall be kept of all sums of money received and expended by the Company and the matters in respect of which such receipts and expenditure take place and of the property, credits and liabilities of the Company; and, subject

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.

10 lays down as to which contracts are enforceable and Section 14 lays down that certain contracts are not enforceable. Therefore, it cannot be laid down as a proposition of law that an agreement styled as a development agreement is not specifically enforceable under the said Act of 1963. The aspect of enforceability depends on facts of each

Principal Commissioner of Income Tax [TDS] vs. M/s.KCIL-MEIL [JV]

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

10. The Special Government Pleader contends that Section 55 is part of Chapter VII of the Act. Chapter VII deals with the Appeals, Revisions, and Settlement of cases under the Act. Right of appeal is a statutory remedy and is inherent in a OT.REV 212/2015 -23- litigant to file appeal. The Act provides the right of appeal

SRS AND Sri Sai Ganesh Productions vs. Commissioner of Income Tax(Central)

Sections 68, 69 and 69A. In fact, the said assessment orders produced along with the records clearly indicate that the officer had conducted enquiries and found that there was no evidence of assets acquired by the said agent; using the amounts that came into similar accounts maintained by that assessee. In the present case, the Assessing Officer

Commissioner of Income Tax-V, vs. M/s.Sirveen Control Systems

Appeal is partly allowed

10 property also. During his cross-examination, it is elicited that defendant no.1 was doing photo frame business and from said income he provided education to all children and performed their marriage. It is also elicited that defendant no.1 and his two brothers had effected partition in joint family property and that defendant no.1 purchased share allotted

Commissioner of Incometax-1, Hyderabad vs. M/s. Divis Laboratories Ltd.,

The appeals are allowed

10) Taking advantage of the same, the applicant filed an application on 31.12.1997, in respect of four assessment years i.e. 1994-95, 1995-96, 1996-97 and 1997-98. 11) Thereafter, a certificate was issued to her under Section 68

Commissioner of Income Tax vs. Dr.Kodela Siva Prasada Rao

Bench: GODA RAGHURAM,M.S.RAMACHANDRA RAO

Section 68 of the Act by order dated 26-09-2008. 8. Aggrieved, the assessee filed I.T.A.No.677/Vizag/2008 to the Income Tax Appellate Tribunal, Visakhapatnam Bench, Visakhapatnam. After considering the donor’s confirmation letter annexed to the assessee’s letter dated 27-12-2006 and the second confirmation letter dated 10-07-2007 of the donor

THE COMMISSIONER OF INCOMEE TAX-III vs. M/S.V.B.C.FERRO ALLOYS LTD

THE APPEAL IS DISMISSED

Bench: SUJOY PAUL,NAMAVARAPU RAJESHWAR RAO

68&&3&*** i \ )n 10.3 The amended prouisions utould. applg onlg in respect of inuestment made on or after 1 6-1998 . Doubts had been expressed in different quarters about -the continuance of exemption auailable under section 10 (23G) in respect