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Shantisuri Securities Pvt. Ltd.,, ... vs The Income Tax Officer, Ward-8(3),, ... on 21 December, 2017

Asst.Years - 2005-06 & 2006-07 -6- decision of Hon'ble Delhi High Court in the case of Pr.CIT vs. Indus Securities Pvt.Ltd. & Ors. in Tax Appeal No.566 & Ors/2007 order dated 04/09/2017 and contended that possession of incriminating material belonging to other person (assessee herein) is paramount for invoking provisions of section 153C of the Act. The incriminating material being absent as demonstrated, the entire proceedings is bad in law. The Ld.AR thereafter submitted that the order under s.153C r.w.s.263 has been passed without statutory approval of Jt.CIT under 153D and is thus vitiated.
Income Tax Appellate Tribunal - Ahmedabad Cites 10 - Cited by 1 - Full Document

Hindustan Copper Limited, Kolkata vs D.C.I.T Cir - 5,Kolkata, Kolkata on 2 June, 2017

"7.3. It was also mentioned out by the appellant, that the assessment order for A.Y 2006-07 passed u/s. 143(3) on 31.12.2011, that the tax liability in that year had been determined under the normal provisions and not under MAT and viewed from that angle, there is no justification in stating, that any unabsorbed book depreciation had been actually set off in that year reducing the amount available for subsequent year. While it is true that tax in AY 2006- 07 had been charged under normal provisions, it is also seen that computation u/s. 115JB had been made in the order. It is well settled that computation under normal provisions and MATD provisions go parallel to and independent of each other. Therefore, the computation u/s. 115JB made during AY 2006-07 has to be taken into consideration. Further, as per the ratio of the ruling in the case of Rashtriya Ispat Nigam Ltd. IN RE (supra), which, it may be added, has been followed by Hon'ble Kerala High Court in the case of CIT vs. Carbon & Chemicals India Ltd 196 taxman 302(Ker.)
Income Tax Appellate Tribunal - Kolkata Cites 7 - Cited by 0 - Full Document
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