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The Dy. Commissioner Of Income Tax, ... vs Greenland Infracon P. Ltd.,, Ahmedabad on 14 November, 2018 cites

Commissioner Of Income Tax I vs M/S.Chettinad Logistics P Ltd on 25 January, 2016

Notably, the SLP filed against the decision of Hon'ble Madras High Court in Chettinad Logistics (supra) has been dismissed by Hon'ble Supreme Court in CIT vs. Chettinad Logistics (P.) Ltd. (2018) 95 taxmann.com 250 (SC). Hence, in conformity with the judicial precedents, we find substantial merit in the conclusion drawn by the CIT(A) which essentially holds that Section 14A of the Act can be triggered only if assessee seeks to square off expenditure against the income which does not form part of total income under the Act and Section 14A of the Act cannot be invoked where no exempt income was earned in the relevant assessment years. In consonance with the judicial I T A N o s . 2 0 3 9 & 2 0 4 0 / Ah d / 1 6 [ D C I T v s . G r e e n l a n d I n f r a c o n P . L t d . ] A. Y s . 2 0 1 2 - 1 3 & 2 0 1 3 - 1 4 - 5 -
Madras High Court Cites 0 - Cited by 120 - M Jaichandren - Full Document

Commissioner Of Income Tax, Bhopal vs M/S. Shelly Products And Another on 8 May, 2003

9. It is trite that the authorities under the Act are under sacrosanct obligation to act in accordance with law. Tax can be collected only as provided under the Act. If an assessee, under a mistake, mis-conception or not being properly instructed, is over assessed, the authorities under the Act are required to ensure that only legitimate tax dues are collected. This is the view which flows from innumerable judgments including CIT vs. Shelly Products (2003) 261 ITR 367 (SC), S. R. Koshti vs. CIT (2005) 276 ITR 165 (Guj), Ester Industries vs. CIT (2009) 185 TAXMAN 266 (Delhi) and CIT vs. Pruthvi Brokers & Shareholders (P.) Ltd. [2012] 349 I T A N o s . 2 0 3 9 & 2 0 4 0 / Ah d / 1 6 [ D C I T v s . G r e e n l a n d I n f r a c o n P . L t d . ] A. Y s . 2 0 1 2 - 1 3 & 2 0 1 3 - 1 4 - 6 -
Supreme Court of India Cites 38 - Cited by 190 - B P Singh - Full Document

S.R. Koshti vs Commissioner Of Income-Tax on 28 December, 2004

9. It is trite that the authorities under the Act are under sacrosanct obligation to act in accordance with law. Tax can be collected only as provided under the Act. If an assessee, under a mistake, mis-conception or not being properly instructed, is over assessed, the authorities under the Act are required to ensure that only legitimate tax dues are collected. This is the view which flows from innumerable judgments including CIT vs. Shelly Products (2003) 261 ITR 367 (SC), S. R. Koshti vs. CIT (2005) 276 ITR 165 (Guj), Ester Industries vs. CIT (2009) 185 TAXMAN 266 (Delhi) and CIT vs. Pruthvi Brokers & Shareholders (P.) Ltd. [2012] 349 I T A N o s . 2 0 3 9 & 2 0 4 0 / Ah d / 1 6 [ D C I T v s . G r e e n l a n d I n f r a c o n P . L t d . ] A. Y s . 2 0 1 2 - 1 3 & 2 0 1 3 - 1 4 - 6 -
Gujarat High Court Cites 19 - Cited by 119 - Full Document

M/S.Ester Industries Ltd. vs C.I.T.,Delhi-Iv on 21 September, 2016

9. It is trite that the authorities under the Act are under sacrosanct obligation to act in accordance with law. Tax can be collected only as provided under the Act. If an assessee, under a mistake, mis-conception or not being properly instructed, is over assessed, the authorities under the Act are required to ensure that only legitimate tax dues are collected. This is the view which flows from innumerable judgments including CIT vs. Shelly Products (2003) 261 ITR 367 (SC), S. R. Koshti vs. CIT (2005) 276 ITR 165 (Guj), Ester Industries vs. CIT (2009) 185 TAXMAN 266 (Delhi) and CIT vs. Pruthvi Brokers & Shareholders (P.) Ltd. [2012] 349 I T A N o s . 2 0 3 9 & 2 0 4 0 / Ah d / 1 6 [ D C I T v s . G r e e n l a n d I n f r a c o n P . L t d . ] A. Y s . 2 0 1 2 - 1 3 & 2 0 1 3 - 1 4 - 6 -
Supreme Court - Daily Orders Cites 0 - Cited by 16 - Full Document
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