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Ved Parkash Contractors, Patiala vs Assessee on 3 November, 2015

Similarly, profits have also been distributed amongst the partners as per the profit sharing ratio written in the aforesaid partnership deed. In our opinion, the conclusion drawn by the CIT on this issue is erroneous. Therefore, the CIT was not justified in stating that assessment order is erroneous in as much as prejudicial to the interest of this Revenue. Recently, the Hon'ble Calcutta Hon'ble High Court in the case of CIT Vs. S.R. Batliboi & Associates in ITA No. 190 of 2009 vide its order dated 24.2.2015 held that Section 185 read with Section 184, although worded in emphatic terms, is not intended to be a mandatory provisions. The question before the Hon'ble High Court was as under:-
Income Tax Appellate Tribunal - Chandigarh Cites 25 - Cited by 0 - Full Document

Doctor Punjabrao Deshmukh Krushi ... vs Income Tax Officer, Ward-1, Akola on 19 June, 2024

11. Since the legal issue raised by the appellant is directly covered in the judgment of Shelcon Properties P. Ltd. (supra) and the view expressed therein does not require to be revisited notwithstanding the aberration in the case of S.R. Batliboi Associates (supra), the appeal is dismissed at the admission stage. ITAT No.385 of 2016 and GA No.690 of 2018 stand dismissed. GA No. 3162 of 2016 was the application under Section 5 of the Limsilation Act, 1963, which has been allowed at the beginning."
Income Tax Appellate Tribunal - Nagpur Cites 64 - Cited by 0 - Full Document
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