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1 - 10 of 39 (0.57 seconds)Chembra Peak Estates Ltd. vs Commissioner Of Income-Tax on 18 November, 1971
Therefore, the ld. CIT(A) has erred in placing reliance on 'Chembra Peak
Estate Ltd. vs CIT' (supra).
Section 10A in The Income Tax Act, 1961 [Entire Act]
Section 84 in The Income Tax Act, 1961 [Entire Act]
Section 80IB in The Income Tax Act, 1961 [Entire Act]
Income Tax Rules, 1962
Textile Machinery Corporation ... vs The Commissioner Of Income-Tax, West ... on 25 January, 1977
It was post 'Chembra Peak Estate Ltd. vs. CIT',
(supra), that the Hon'ble Supreme Court decision in 'Textile Machinery
Corpn. Ltd.,' (supra) was delievered on 25.01.1977, reversing the High
Court order. Hence, obviously the Hon'ble High Court did not have the
benefit of the said Supreme Court decision.
Honda Siel Power Products Ltd vs Commissioner Of Income Tax, Delhi on 26 November, 2007
In
case of DSM software(p) Ltd (supra) , the Hon'ble ITAT noted that there
was substantial addition to the nature and type of services rendered to
clients , to the volume of the business and also that there was increase in
number of customers , while holding that the new business was not split
35 ITA No. 345,(Asr)/2009
ITA Nos. 55, 410,238 & 284(Asr)/2011
from the existing business. In the present case , the nature and type of
products supplied in the
New business is the same as in the exiting business, there is no change in
the customers which remains the same as in the earlier business and there
is no increase in volume of business on account of setting up of new unit
other than the normal growth. This decision also in my opinion does not
help the same of the appellant.
The Commissioner Of Income Tax-9 vs M/S. Earnest Exports Ltd on 25 February, 2010
25. 'Commissioner of Income Tax vs. Earnest Exports Ltd.' (supra) also
does not further the cause of the department. In that case, in its original
order, the Tribunal specifically dealt with two Tribunal decisions cited by
12 ITA No. 345,(Asr)/2009
ITA Nos. 55, 410,238 & 284(Asr)/2011
the assessee and distinguished the same. The issue concerning deduction u/s
80HHC of the Act, was decided on merits by dealing with the said two
decisions. The appeal of the assessee was not dismissed only on technical
grounds. However, while dealing with the application u/s 254(2) of the Act
the Tribunal virtually reconsidered the entire matter and came to the
conclusion that deduction u/s 80HHC of the Act was allowable in view of
these decisions. The Hon'ble Bombay High Court held that this amounted to
re-appreciation of the correctness of the earlier decision on merits, which
was not permissible. It was held that power u/s 254(2) of the Act is confined
to rectification of mistakes apparent from the record and that section 254(2)
is not a carte blanche for the Tribunal to change its own view by substituting
a view which it believes should have been taken in the first instance. Now,
again, these are not facts in pari-materia with those of the present case. In
the present case, the earlier order was recalled since mistakes apparent from
the record, calling for rectification, were found to exist in the earlier order of
the Tribunal and it was as such that the entire earlier order was ordered to be
recalled. It is not a case of substitution of an earlier view with a fresh one
thought ought to have been taken earlier.
Commissioner Of Income-Tax vs Dandeli Ferro Alloys Pvt. Ltd. on 30 November, 1994
7.11 In the case of CIT vs Dandeli Ferro Alloys Pvt Ltd. 212 ITR 1 (Bob)
the matter was with reference to amalgamation and the issue was transfer of
machinery from the old concern to the new concern. The facts and the issues
are quits different than the present case.