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Shri Jyotindrasinhji Of Gondal,, ... vs The Deputy Commissioner Of Wealth Tax, ... on 25 October, 2019

20.2 At the time of hearing, the Ld. DR has not brought anything on record contrary to the finding of the Ld. CWT (A). We also find that the Ld. CWT (A) has passed a speaking and self-explanatory order as reproduced herein above. Therefore we concur with the finding of the Ld. CWT (A) after placing the reliance on the judgment of the Hon'ble Supreme Court in the case of CIT Vs. K.Y. Pilliah And Sons reported in 63 ITR 411 wherein it was held as under:
Income Tax Appellate Tribunal - Rajkot Cites 10 - Cited by 0 - Full Document

Jaipal Singh,Jaipur vs Deputy Commissioner Of Income Tax, ... on 11 March, 2025

Reliance is also placed on the judgments in Commissioner of Income Tax Vs. K.Y. Pilliah & Sons, (1967) 63 ITR 411 (SC); Deputy Commissioner of Income Tax Vs. Ratan Corpn., (2005) 197 CTR 536 (Gujarat), The Assistant Commissioner of Income Tax, Central Circle, Ajmer Vs. Shri Devendra Kumar Choudhary, 2-S-10 to 2-5-18, Basant Vihar, Bhilwara, ITA No. 828/JP/16; Commissioner of Income Tax Vs. Ashok Kumar Soni, (2007) 291, ITR, 172 (Raj.); Kailashben Manharlal Chokshi Vs. Commissioner of Income Tax, (2008) 174 Taxman 466 (Gujarat), Commissioner of Income Tax, Central-II, Mumbai Vs. Omprakash K. Jain, (2009) 178 Taxman 179 (Bombay); Mehta Parikh & Co. Vs. Commissioner of Income Tax, (1956) 30 ITR 181 (SC); Shree Ganesh Trading Co. Vs. Commissioner of Income Tax, Dhanbad, (2013) 257 CTR 159 (Jharkhand), Commissioner of Income Tax, Karnataka Vs. Shri Ramdas Motor Transport Ltd. (2015) 230 Taxman 187 (Andhra Pradesh); Chetnaben J. Shah Vs. Income Tax Officer, Ward10(3), (2016) 288 CTR 579 (Gujarat)."
Income Tax Appellate Tribunal - Jaipur Cites 54 - Cited by 0 - Full Document

Jaipal Singh,Jaipur vs Deputy Commissioner Of Income Tax, ... on 11 March, 2025

Reliance is also placed on the judgments in Commissioner of Income Tax Vs. K.Y. Pilliah & Sons, (1967) 63 ITR 411 (SC); Deputy Commissioner of Income Tax Vs. Ratan Corpn., (2005) 197 CTR 536 (Gujarat), The Assistant Commissioner of Income Tax, Central Circle, Ajmer Vs. Shri Devendra Kumar Choudhary, 2-S-10 to 2-5-18, Basant Vihar, Bhilwara, ITA No. 828/JP/16; Commissioner of Income Tax Vs. Ashok Kumar Soni, (2007) 291, ITR, 172 (Raj.); Kailashben Manharlal Chokshi Vs. Commissioner of Income Tax, (2008) 174 Taxman 466 (Gujarat), Commissioner of Income Tax, Central-II, Mumbai Vs. Omprakash K. Jain, (2009) 178 Taxman 179 (Bombay); Mehta Parikh & Co. Vs. Commissioner of Income Tax, (1956) 30 ITR 181 (SC); Shree Ganesh Trading Co. Vs. Commissioner of Income Tax, Dhanbad, (2013) 257 CTR 159 (Jharkhand), Commissioner of Income Tax, Karnataka Vs. Shri Ramdas Motor Transport Ltd. (2015) 230 Taxman 187 (Andhra Pradesh); Chetnaben J. Shah Vs. Income Tax Officer, Ward10(3), (2016) 288 CTR 579 (Gujarat)."
Income Tax Appellate Tribunal - Jaipur Cites 54 - Cited by 0 - Full Document

Five Starconstruction Company, Bhilai vs The Deputy Commissioner Of Income Tax, ... on 29 May, 2023

11. Considering the facts involved in the case before us in the backdrop of the aforesaid judicial pronouncements, we are of the considered view that the A.O having rejected the books of accounts of the assessee firm under sub-section (3) of Sec. 145 of the Act, thereafter, could not have relied upon the said books of accounts, and the proper recourse available with him was to judicially determine its business profits in the manner provided in Sec. 144 of the Act. Our aforesaid view that once the books of account of an assessee are rejected as unreliable then it is open to the A.O to estimate the assessee's profits considering the profit which was 21 Five Star Construction Company Vs. DCIT-1(1), Bhilai ITA No. 45/RPR/2018 earned in similar business by other similarly placed merchants is supported by the judgment of the Hon'ble Supreme Court in the case of CIT Vs. K.Y Pilliah & Sons (1967) 63 ITR 411 (SC).
Income Tax Appellate Tribunal - Raipur Cites 29 - Cited by 0 - Full Document

Sunil Kumar Agarwal,Jaipur vs Assistant Commissioner Of Income Tax, ... on 14 October, 2025

tax Department, that method should be adopted which approximates most near to the truth. It is also emphasized the fact that the rule of thumb may be very desirable but could not be substituted for the only rule of law that he knew of, namely, that the true gains were to be ascertained as nearly as it could be done. The Supreme Court also held in the case of CIT v. K.Y. Pilliah & Sons [1967] 63 ITR 411 that "in this view of the matter, the power to estimate the turnover, etc., where the accounts are unreliable, must be exercised not arbitrarily but judicially in the light of relevant materials."
Income Tax Appellate Tribunal - Jaipur Cites 147 - Cited by 0 - Full Document

Jaipal Singh,Jaipur vs Deputy Commissioner Of Income Tax, ... on 11 March, 2025

Reliance is also placed on the judgments in Commissioner of Income Tax Vs. K.Y. Pilliah & Sons, (1967) 63 ITR 411 (SC); Deputy Commissioner of Income Tax Vs. Ratan Corpn., (2005) 197 CTR 536 (Gujarat), The Assistant Commissioner of Income Tax, Central Circle, Ajmer Vs. Shri Devendra Kumar Choudhary, 2-S-10 to 2-5-18, Basant Vihar, Bhilwara, ITA No. 828/JP/16; Commissioner of Income Tax Vs. Ashok Kumar Soni, (2007) 291, ITR, 172 (Raj.); Kailashben Manharlal Chokshi Vs. Commissioner of Income Tax, (2008) 174 Taxman 466 (Gujarat), Commissioner of Income Tax, Central-II, Mumbai Vs. Omprakash K. Jain, (2009) 178 Taxman 179 (Bombay); Mehta Parikh & Co. Vs. Commissioner of Income Tax, (1956) 30 ITR 181 (SC); Shree Ganesh Trading Co. Vs. Commissioner of Income Tax, Dhanbad, (2013) 257 CTR 159 (Jharkhand), Commissioner of Income Tax, Karnataka Vs. Shri Ramdas Motor Transport Ltd. (2015) 230 Taxman 187 (Andhra Pradesh); Chetnaben J. Shah Vs. Income Tax Officer, Ward10(3), (2016) 288 CTR 579 (Gujarat)."
Income Tax Appellate Tribunal - Jaipur Cites 54 - Cited by 0 - Full Document

Jaipal Singh,Jaipur vs Deputy Commissioner Of Income Tax, ... on 11 March, 2025

Reliance is also placed on the judgments in Commissioner of Income Tax Vs. K.Y. Pilliah & Sons, (1967) 63 ITR 411 (SC); Deputy Commissioner of Income Tax Vs. Ratan Corpn., (2005) 197 CTR 536 (Gujarat), The Assistant Commissioner of Income Tax, Central Circle, Ajmer Vs. Shri Devendra Kumar Choudhary, 2-S-10 to 2-5-18, Basant Vihar, Bhilwara, ITA No. 828/JP/16; Commissioner of Income Tax Vs. Ashok Kumar Soni, (2007) 291, ITR, 172 (Raj.); Kailashben Manharlal Chokshi Vs. Commissioner of Income Tax, (2008) 174 Taxman 466 (Gujarat), Commissioner of Income Tax, Central-II, Mumbai Vs. Omprakash K. Jain, (2009) 178 Taxman 179 (Bombay); Mehta Parikh & Co. Vs. Commissioner of Income Tax, (1956) 30 ITR 181 (SC); Shree Ganesh Trading Co. Vs. Commissioner of Income Tax, Dhanbad, (2013) 257 CTR 159 (Jharkhand), Commissioner of Income Tax, Karnataka Vs. Shri Ramdas Motor Transport Ltd. (2015) 230 Taxman 187 (Andhra Pradesh); Chetnaben J. Shah Vs. Income Tax Officer, Ward10(3), (2016) 288 CTR 579 (Gujarat)."
Income Tax Appellate Tribunal - Jaipur Cites 54 - Cited by 0 - Full Document
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