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

Section 9(1)(i) of the Act, no part of Assessee‘s income could be brought to tax under the Act. It is only when a non-resident Assessee‘s income is taxable under the Act that the question whether any benefit under the Double Taxation Avoidance Treaty is required to be examined. 45. In Ishikawajima-Harima Heavy Industries v

The commissioner of Income Tax IV vs. M/s Lanco Kondapalli Power (P) Ltd

v The State of Maharashtra & Ors & Connected Writ Petitions 1-2-oswp-1494-2023-J+.docx a company incorporated under the Companies Act, 1956 having its corporate office at "BKT House", C/15, Trade World, Kamala Mills Compound, Senapati Bapat Marg, Lower Parel, Mumbai 400 013. …Petitioner ~ versus ~ 1. The State of Maharashtra, through the Department of Registration and Stamps, Ministry

Commissioner of Income Tax, Guntur. vs. Agricultural Market Committee, Kangiri.

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

Transfer of Undertakings) Act, 1980 or any other bank being a bank included in Second Schedule to Reserve Bank of India Act, 1934 and the like. The breach of Section 11(5) would attract Section 13(1)(d) of the IT Act and the benefit under Sections 11 and 12 would not be available if funds are deposited or invested

Commissioner of Income Tax, vs. Agricultural Market Committee,

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

Transfer of Undertakings) Act, 1980 or any other bank being a bank included in Second Schedule to Reserve Bank of India Act, 1934 and the like. The breach of Section 11(5) would attract Section 13(1)(d) of the IT Act and the benefit under Sections 11 and 12 would not be available if funds are deposited or invested

Principal Commissioner of Income Tax-3 vs. M/s Satyasai Bhavani Hsopitals Private Limited

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

1) (d) of the Act. Section 254 of the Act empowers the Appellate Tribunal to pass such orders on the appeals ‘as it thinks fit’ after giving an opportunity of hearing to both the parties. 38. From the aforesaid Scheme of assessment with regard to international transactions, it is clear that the process of determination of ‘Arm’s Length Price

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

Bench: SANJAY KUMAR,GUDISEVA SHYAM PRASAD

9, 21 to 24.  Union of India Vs. Paliwal Electricals Pvt. Ltd, reported in (1996) 3 SCC 407, para- 8 to 10. 20. The learned Advocate General while placing reliance upon Section-94 of the JVAT Act, 2005, more particularly the provisions contained under sub-Section 3 of Section-94 has contended that a bare 42 reading of the said

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

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

9, 21 to 24.  Union of India Vs. Paliwal Electricals Pvt. Ltd, reported in (1996) 3 SCC 407, para- 8 to 10. 20. The learned Advocate General while placing reliance upon Section-94 of the JVAT Act, 2005, more particularly the provisions contained under sub-Section 3 of Section-94 has contended that a bare 42 reading of the said

Commissioner of Income Tax, vs. M/s Y.Ramakrishna and others

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

1- Admittedly, the sale consideration is Rs. 13,31,75O/- and purchaser paid advance of Rs. 2,O0,00O/- and the balance sale consideration is agreed to be paid by the purchaser in three Bi-monthly instalments, as (i) Rs. 3,75,000/ - ot 23.r2.1998; (ii) Rs. 3,75,OOO/- on 23.02.7999 and (iii) Rs. 3,81,750/ on23.O4.1999

The Pr. Commissioner of Income Tax-2 vs. M/s. GJ Trading Pvt Ltd

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

Section 9(1)(vii). Hence, we hereby decline to interfere with the directions of the Dispute Resolution Panel in this case.” 6. Before us Mr. Rai, learned counsel for the appellant, however, would submit that as per the disclosures which were made by the assessee in the Transfer Pricing Study itself, the transaction relating to Freight Logistic Support Services would

The Commissioner of Income Tax-V vs. The Armed Forces Officers Co.Op Housing Society Ltd

Bench: CHALLA KODANDA RAM,G.CHANDRAIAH

9 (4-16), 12 (4-16), 13/1 (0-11) and 27(0-4). CS(OS) No. 78/2007 Page 2 of 43 2. The case of the plaintiff is that the four defendants had equal 1/4th co-ownership rights in the suit land and which suit land was agreed to be sold for a total price of Rs.5

The Commissioner of Income Tax-IV vs. M/s Pokarna Limited

The appeals are dismissed

Bench: P.SAM KOSHY,NARSING RAO NANDIKONDA

price in the absence of any evidence of understatement of the value. Therefore, the said finding recorded by the Assessing Authority was also set-aside and the appeal was allowed. 7. Aggrieved by the said order, revenue preferred an appeal to the Income-tax Appellate Tribunal. The Tribunal held that it is an undisputed fact that the assessee had developed

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

The Appeal is dismissed

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

9 subject to appeal under Section 33 of the Act and revision by the State under Section 34 of the Act which will be discussed in some other appropriate case on merits. Page 38 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. Since on merits, we have found

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

transfer at Jagdalpur, he handed over the further investigation to Sahid Ali / P. K. Shukla under the instruction of Superintendent of Police. In cross-examination he admitted that he has not 13 come across about any circular that 60% of the total amount is to be considered as expenditure and 40% is to be considered as savings. He further admitted

Commissioner of Income-Tax, vs. Rangaraya Medical College Old Students Association

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

9. The Andhra Pradesh Elcctricity Reforms Act, 1998 (hereinafter referred to as 'the Reforms Act') rvas brought into force with effect from O1.02.1999. Secrion l4(4) ol the Reforms Act requires a licence lor transmission and supply of electricit5r. A provisional licence nas granted to ApGpCL for a period of twelve months from O 1 .O2.I999. The Andhra ) Pradesh Electricity

The Commissioner of Income Tax IV vs. New Bombay Goods Transport

v) the dealer in Uttar Pradesh must possess a recognition certificate issued under Section 4-B of the 1948 Act; (vi) the validity of the recognition certificate must have commenced prior to November 9, 2000 (when the State of Uttarakhand came into being), for the use in (a) the manufacture of goods, and (b) in the packing of goods manufactured

The Commissioner of Income Tax-II, vs. M/S Gulf Oil Corporation Pvt. Ltd.,

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

price  lower than the market rate. If that be so,  the   question   of   inflating   the   loss   by  transferring   the   shares   to   group   company  would   not   arise.   Under   ordinary  circumstances,   it   is   always   open   to   the  assessee in his own wisdom to either hold on  to certain bunch of shares or to sell the  same to avoid further loss

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

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

price  lower than the market rate. If that be so,  the   question   of   inflating   the   loss   by  transferring   the   shares   to   group   company  would   not   arise.   Under   ordinary  circumstances,   it   is   always   open   to   the  assessee in his own wisdom to either hold on  to certain bunch of shares or to sell the  same to avoid further loss

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

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

price  lower than the market rate. If that be so,  the   question   of   inflating   the   loss   by  transferring   the   shares   to   group   company  would   not   arise.   Under   ordinary  circumstances,   it   is   always   open   to   the  assessee in his own wisdom to either hold on  to certain bunch of shares or to sell the  same to avoid further loss