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Documents citing Commissioner Of Income-Tax vs Paul Brothers on 16 October, 1992

Hindumal Blmukund Investment Co. Pvt. ... vs Deputy Commissioner Of Income-Tax,, on 24 August, 2018

Considering the above, we are of the considered opinion, in view of the binding ratio in the case of CIT Vs. Paul Brothers (supra) that the assessee is entitled to relief for both the years on this legal issue alone. Considering the relief granted to the assessee on technicalities, we are opinion that adjudication of the grounds on merits becomes an academic exercise. Accordingly, the relevant grounds are dismissed.
Income Tax Appellate Tribunal - Pune Cites 9 - Cited by 1 - Full Document

Hindumal Balmukund Investment ... vs Deputy Commissioner Of Income Tax,, on 10 October, 2018

Considering the above, we are of the considered opinion, in view of the binding ratio in the case of CIT Vs. Paul Brothers (supra) that the assessee is entitled to relief for both the years on this legal issue alone. Considering the relief granted to the assessee on technicalities, we are opinion that adjudication of the grounds on merits becomes an academic exercise. Accordingly, the relevant grounds are dismissed."
Income Tax Appellate Tribunal - Pune Cites 6 - Cited by 0 - Full Document

Apex Packing Products (P) Ltd., Panaji vs Department Of Income Tax on 28 November, 2013

The tribunal has considered the various decision and the CIT(A) has held that assessee is entitled for the deduction and he allowed accordingly and he directed AO to allow deduction u/s. 80IB(4) to the Assessee for assessment year 2004-05 2005-06, 2006-07,2007-08, 2008-09 and 2009-10. We find that in the case of CIT vs. Paul Brothers in 216 ITR 548, the Bombay High Court has taken the view that if the Assessment Year is initial assessment which is in this case the first Assessment Year is 2002-03 and which was not reopened. Therefore, assessee is eligible for deduction in respect of all rest of the years.
Income Tax Appellate Tribunal - Panji Cites 19 - Cited by 0 - Full Document

M/S. Ygyan Consulting Pvt. Ltd.,, Pune vs Deputy Commissioner Of Income-Tax,, on 13 October, 2017

Though the ld. AR could not place on record assessee's return of income in assessment year 2001-02 and the assessment order for the said assessment year, however, the assessee has furnished a copy of assessment order for assessment year 2004-05. A perusal of the said assessment order at pages 30 to 40 of the paper book clearly indicate that the assessee has claimed deduction u/s. 10A in respect of profits from STPI unit and the same has been allowed by the Assessing Officer in scrutiny assessment. Once having accepted the claim of assessee, the Revenue cannot question assessee's eligibility for claiming such deduction in subsequent assessment years. The Hon'ble Jurisdictional High Court in the case of Commissioner of Income Tax Vs. Paul Brothers (supra) has observed that there is no provision for withdrawal of special deduction for the subsequent years for breach of certain conditions. Unless the relief 8 ITA No. 65/PUN/2015, A.Y. 2005-06 granted for the initial assessment year is withdrawn, the ITO could not have withheld the relief for the subsequent years.
Income Tax Appellate Tribunal - Panji Cites 12 - Cited by 0 - Full Document

M/S Kinko Computer Industries, Solan vs Dcit, Parwanoo on 24 January, 2018

(1980) 123 ITR 669 (Guj) in the context of provisions of s. 80J of the Act that once Page 21 of 23 ITA No. 377/Chd/2017 relief had been granted in the initial year of assessment then he cannot examine the question again and decide the withdraw the relief, which has been already once granted without disturbing the relief granted in the initial year. Similar view has been expressed by Bombay High Court in the case of CIT vs. Paul Brothers (1995) 216 ITR 548 (Bom) and it was held that there is no provision for withdrawal of deduction for subsequent years unless and until it could be established that such deduction had been withdrawn in the initial assessment year. Applying the above to the facts of the instant case, we are firstly of the considered opinion that since industrial undertaking of the assessee has been accepted to be an eligible undertaking for the purposes of allowability of claim of deduction under s. 80-IA of the Act in the initial assessment year it remains an eligible undertaking even in the instant year, since the relief granted in the said year has not been disturbed and has acquired finality. Thus/, the undertaking of the assessee at Parwanoo is an eligible undertaking.
Income Tax Appellate Tribunal - Chandigarh Cites 24 - Cited by 11 - Full Document
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