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Hela Holdings Pvt. Ltd. vs Commissioner Of Income-Tax And Anr. on 27 September, 2002

In the instant case, the learned counsel for the revenue is not in a position to demonstrate or satisfy us that due to the change of accounting method adopted by the respondent/assessee, which is permissible in law as per the ratio laid down in (i) COMMISSIONER OF INCOME TAX v. MATCHWELL ELECTRICALS (I) LTD, [2003] 263 ITR 227; and (ii) HELA HOLDINGS PVT. LTD v. COMMISSIONER OF INCOME TAX, [2003] 263 ITR 129 , the revenue suffered any loss or such a change of methodology attracts tax evasion. Concededly, there is no finding to that effect in the assessment order or in the order of the Commissioner of Income Tax (Appeals).
Calcutta High Court Cites 10 - Cited by 7 - I Banerjee - Full Document

First Leasing Co. Of India Ltd. vs Assistant Commissioner Of Income Tax on 9 May, 2000

5.2. This question is settled by a decision of this Court in FIRST LEASING CO. OF INDIA LTD. v. COMMISSIONER OF INCOME TAX, [2000] 244 ITR 238, wherein this Court held that each bottle was an independent unit and was not dependent for its user on the availability of other bottles whether empty or filled. The use of one bottle was not interconnected with the use of other bottles. Since each bottle was an individual unit and all bottles together did not constitute a single integrated unit depreciation under the proviso to Section 32(1)(ii) of the Act was allowable. Even in the instant case, the issue is relating to the allowance of 100% depreciation on each bottle and the said decision squarely applies.
Madras High Court Cites 14 - Cited by 12 - Full Document

Commissioner Of Income-Tax vs Matchwell Electricals (I) Ltd. on 11 December, 2002

In the instant case, the learned counsel for the revenue is not in a position to demonstrate or satisfy us that due to the change of accounting method adopted by the respondent/assessee, which is permissible in law as per the ratio laid down in (i) COMMISSIONER OF INCOME TAX v. MATCHWELL ELECTRICALS (I) LTD, [2003] 263 ITR 227; and (ii) HELA HOLDINGS PVT. LTD v. COMMISSIONER OF INCOME TAX, [2003] 263 ITR 129 , the revenue suffered any loss or such a change of methodology attracts tax evasion. Concededly, there is no finding to that effect in the assessment order or in the order of the Commissioner of Income Tax (Appeals).
Bombay High Court Cites 3 - Cited by 7 - S H Kapadia - Full Document
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