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Commissioner Of Income-Tax vs Smt. Saroj Agarwal on 21 May, 1971

8. The Ld. DR, on the other hand, argued that the loss pertained to the erstwhile firm and if the loss is not carried forward by the predecessor firm then the said loss cannot be allowed to the successor concern. In the present case, the erstwhile firm did not claim the carry forward of the loss and therefore, to avail of the loss in the successor concern of which assessee is the proprietor, the same cannot be allowed. The Ld. DR accordingly relied 6 ITA No.520 & 480(Asr)/2011 upon the decision of the Hon'ble Allahabad High Court in the case of CIT vs. Smt. Saroj Agarwal reported in 83 ITR 875 and the decision of the Hon'ble Karnataka High Court in the case of Hindustan Aeronautics Ltd. vs. CIT reported in 149 ITR 795.
Allahabad High Court Cites 29 - Cited by 6 - R S Pathak - Full Document

M/S Hindustan Aeronautics Ltd., ... vs Commissioner Of Income Tax, ... on 11 May, 2000

8. The Ld. DR, on the other hand, argued that the loss pertained to the erstwhile firm and if the loss is not carried forward by the predecessor firm then the said loss cannot be allowed to the successor concern. In the present case, the erstwhile firm did not claim the carry forward of the loss and therefore, to avail of the loss in the successor concern of which assessee is the proprietor, the same cannot be allowed. The Ld. DR accordingly relied 6 ITA No.520 & 480(Asr)/2011 upon the decision of the Hon'ble Allahabad High Court in the case of CIT vs. Smt. Saroj Agarwal reported in 83 ITR 875 and the decision of the Hon'ble Karnataka High Court in the case of Hindustan Aeronautics Ltd. vs. CIT reported in 149 ITR 795.
Supreme Court of India Cites 8 - Cited by 75 - S R Babu - Full Document
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