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M/S U.P State Mineral Development ... vs Assessee

As per this noting of the Tribunal in the first round, it comes out that the loss in question has crystalised in financial year 2004-05 8 itself relevant to assessment year 2005-06 and if that be the situation, such loss cannot be claimed and allowed in the present year but still we feel that since no finding is given by any of the authorities below in the present round, it is fit and proper that CIT(A) should examine this aspect also while deciding the issue and then pass necessary order as per law in the light of the above discussion and also in the light of judgment rendered in the case of Commissioner of Income-tax v. Amalgamation Pvt. Ltd. (supra). We order accordingly.
Income Tax Appellate Tribunal - Lucknow Cites 3 - Cited by 0 - Full Document

Gujarat Narmada Valley Fertilizers ... vs Department Of Income Tax on 2 February, 2015

17. On appeal, the CIT(A) allowed the claim of the assessee purportedly following the said decision of the Tribunal and of the Hon'ble Gujarat High Court in the case of CIT Vs. Amalgamations Pvt. Ltd., (1997) 226 ITR 188 (SC). According to the CIT(A), the loss was crystallized on 3.3.1997 when meeting between the assessee-company and GMDC took place.
Income Tax Appellate Tribunal - Ahmedabad Cites 7 - Cited by 0 - Full Document

Asia Investments P.Ltd,Mumbai vs Addl Cit Rg 2(1), Mumbai on 20 December, 2024

Decision of Hon'ble Supreme Court in case of CIT vs. Amalgamation Pvt. Ltd. (1997) 226 ITR 188 Decision of Hon'ble Supreme Court in case of S.A. Builders Ltd. vs. CIT (Appeals) (2007) 288 ITR 1 Decision of Hon'ble Delhi High Court in case of Eicher Goodearth Ltd v. CIT (2015) 378 ITR 28 Decision of Hon'ble Calcutta High Court in case of CIT v. Jardine Henderson And Company Ltd. 210 ITR 981 Decision of Hon'ble Gujrat High Court in case of ACIT v. Laxmi Agents P. Ltd 125 ITR 227 Decision of Hon'ble Delhi High Court in case of CIT v. Premier Auto Finance P. Ltd. (1980)128 ITR 540 34 ITA No.916/MUM/2016 Asia Investments Pvt. Ltd.; A. Y.2011-12 Decision of Hon'ble Bombay High Court in case of CIT v. Srishti Securities (P.)
Income Tax Appellate Tribunal - Mumbai Cites 35 - Cited by 0 - Full Document

Herbertsons Ltd. vs Dy. Cit on 17 August, 2001

The argument of the department that the decision of the Supreme Court in CIT v. Amalgamation Ltd. (supra) is not applicable is incorrect. We have gone through the decision and have also compared the decision with the facts, of the appellant's case and we find the decision is applicable. Similar view was also taken by the Tribunal, Bangalore Bench in the case of other two companies of the appellant's group, cited above.
Bombay High Court Cites 61 - Cited by 0 - Full Document

Hukum Chand Vijendra Kumar, vs Assessee on 27 September, 2006

8. We have heard the rival submissions of both the parties and have gone through the material available on record. From the facts of the case, it appears to be a simple case of calculation of interest on refund due as per the provisions of law. We have noted that Assessing Officer has not made any speaking order instead he has followed Supreme Court verdict in the case of CIT v. Amalgamation (supra) which is based upon section 214 and has calculated the interest up to 6 ITA No3059 & 3060/Del/2007 completion of original asset which is not correct as w.e.f. 1.4.,1989, the refund has to be paid in accordance with section 244A of the Act which reads as under:-
Income Tax Appellate Tribunal - Delhi Cites 10 - Cited by 0 - Full Document

Malbros Investments Ltd. vs Dcit on 11 March, 2004

33. The next decision cited by the ld. Counsel is CIT v. Amalgamations Pvt. Ltd. 226 ITR 188. This decision has been rendered on the basic premise that the business of the assessee was to furnish guarantees for debts borrowed by the subsidiary companies. In the instant case before us, no such business of furnishing guarantees has admittedly been carried out by the assessee. The decision of Hon'ble Supreme Court, therefore, does not help the assessee.
Income Tax Appellate Tribunal - Delhi Cites 23 - Cited by 13 - Full Document
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