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Trimurthi Steels Pvt. Ltd., Uttar ... vs Department Of Income Tax on 27 March, 2001

Relying on the advice of the special prosecuting counsel it has been submitted that in view of decision of Hon'ble Supreme Court in the case of CIT Vs. Gold Coin Health Food Pvt. Ltd. (supra) the effect of decision of the Hon'ble Punjab & Haryana High Court in the case of CIT Vs. Prithipal Singh & Co. (supra) had been nullified and, therefore, the order may be recalled, as there is mistake apparent from record.
Income Tax Appellate Tribunal - Delhi Cites 3 - Cited by 0 - Full Document

Shamji Manekji Shah, Mumbai vs Dcit Circle-3, Thane on 16 November, 2018

CIT V. VA Trivedi (1998)-l72 ITR 95, a Division Bench of the Bombay High Court observed-that to ascertain the true character and the nature of the land, it must be seen whether the land has been put to use for agricultural purposes for a reasonable span of time prior to the relevant date and further whether on the relevant date the land was intended to be put to use for agricultural purpose for a reasonable span of time in the future.
Income Tax Appellate Tribunal - Mumbai Cites 46 - Cited by 2 - Full Document

Dcit, New Delhi vs M/S. Sara Services & Enginners Pvt. ... on 18 January, 2016

The Bombay High Court in 188 ITR 1 in the case of CIT v Good lass Nerolac Paints Ltd. has held that where on the basis of facts and materials on record the Tribunal concluded that the payment of commission was established, and that payments were made for the purpose of business, inspite of the fact that names and addresses of recipients were not given, the Tribunal was held justified in allowing deduction of commissions.
Income Tax Appellate Tribunal - Delhi Cites 40 - Cited by 4 - Full Document

Sara Services & Engineers Pvt. Ltd., New ... vs Acit, New Delhi on 18 January, 2016

The Bombay High Court in 188 ITR 1 in the case of CIT v Good lass Nerolac Paints Ltd. has held that where on the basis of facts and materials on record the Tribunal concluded that the payment of commission was established, and that payments were made for the purpose of business, inspite of the fact that names and addresses of recipients were not given, the Tribunal was held justified in allowing deduction of commissions.
Income Tax Appellate Tribunal - Delhi Cites 40 - Cited by 44 - Full Document

M/S Bosch Limited , Bangalore vs Department Of Income Tax on 10 May, 2012

7.1 During the course of hearing, the learned DR submitted that the learned CIT (A) had erred in relying on the judgment of the Hon'ble High Court of M.P in the case of CIT v. H.E.G. Ltd (supra), which in turn relied on the judgment in Sandvik Asia Ltd. v. CIT (280 ITR 643-SC) and CIT v. Good year India Ltd 249 ITR 527 (Del.). It was contended that the ratio laid down in the above judgments cannot be applied to the instant case inasmuch as these cases relate to assessment year prior to 1989-90 when section 244 and not section 244A was in operation. It was, further, argued that there was a marked difference between these two sections; namely, section 244 which allows interest on the amount of refund as against section 244A which allows interest on any tax. It was, therefore, argued that in view of specific language in s.244A, interest can be paid only on the tax portion in the refund and not on the entire amount of refund.
Income Tax Appellate Tribunal - Bangalore Cites 12 - Cited by 0 - Full Document

Maxima Systems Ltd.,, Valsad vs Assessee on 13 September, 2007

9.1 The above provisions have been substituted by the Finance Act, 2002 with effect from 01-04-2003. The Hon'ble Supreme Court in the case of CIT Vs Gold Coin Health Food Pvt. Ltd. 304 ITR 308 considering the amended provisions in Explanation (4) held that "Explanation 4 to section 271 (1) ( c ) (iii) of the Income-tax Act, 1961, regarding the imposition of penalty8 even if the returned income is a loss, is clarificatory and not substantive. It applies even to assessment years prior to April 1, 2003, the date on which it was brought into force. What the Finance Act, 2002, intended was to make the position explicit which otherwise was implied".
Income Tax Appellate Tribunal - Ahmedabad Cites 16 - Cited by 0 - Full Document
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