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1 - 10 of 13 (0.52 seconds)Continental Construction Ltd vs Commissioner Of Income-Tax, Central-1 on 15 January, 1992
Ratio laid on by Hon'ble Bombay High Court in case of B.R Bamsi
vs. CIT (supra), supports the argument advanced by Ld.AR. We
are therefore inclined to consider the plea of assessee by setting
aside the issue back to Ld.AO for re-computation of disallowance
under section 14A having regards to the decision of Hon'ble
Supreme Court in the case of Maxxop investments Ltd vs CIT
reported in (2018) 91 taxman.com 154.
R & B Falcon (A) Pty Ltd vs Commissioner Of Income Tax on 6 May, 2008
Ratio laid on by Hon'ble Bombay High Court in case of B.R Bamsi
vs. CIT (supra), supports the argument advanced by Ld.AR. We
are therefore inclined to consider the plea of assessee by setting
aside the issue back to Ld.AO for re-computation of disallowance
under section 14A having regards to the decision of Hon'ble
Supreme Court in the case of Maxxop investments Ltd vs CIT
reported in (2018) 91 taxman.com 154.
Section 33 in The Income Tax Act, 1961 [Entire Act]
The Code of Civil Procedure, 1908
Section 28 in The Income Tax Act, 1961 [Entire Act]
C.I.T Central-Iii vs M/S Excel Industries Ltd on 8 October, 2013
89. On perusal of the same, it is observed that assessee had not
undertaken any import of goods during years under consideration
which is an admitted position. In our considered view, income
does not accrue until imports are made and raw materials are
consumed by assessee. Ld.DR has not brought any material
contrary on record so as to deviate from findings of Ld.CIT(A).
Respectfully, following the decision of Hon'ble Supreme Court in
the case of CIT vs. Excel Industries P Ltd. (supra), we are inclined
to dismiss this ground raised by revenue.
The Income Tax Act, 1961
Commissioner Of Income Tax vs Bses Rajdhani Powers Lld. on 31 August, 2010
3. Ground No.2 raised by Revenue relates to depreciation at 60%
of computer peripherals. At the outset both the parties submit
that the issue stands covered by decision of Hon'ble Delhi High
Court in the case of CIT vs. BSES Rajdhani Powers Ltd. reported
in 258 ITR 47 (Del.) wherein it has been held as under:
Kanpur Industrial Works vs Commissioner Of Income-Tax, U.P. on 12 April, 1965
A Division Bench of the Allahabad
High Court has taken a similar view in Kanpur Industrial
Works v. Commissioner of Income-tax [1966] 59 ITR 407 (All.). That
judgment has considered the position of an appeal under section
33 of the Income-tax Act along with the relevant Rules and that of
an appeal under the Code of Civil Procedure and the provisions of
Order XLI, rule 22. The judgment holds that when the department
files an appeal for an increase in the assessed income, the subject-
matter of the appeal is the increase claimed by the department and
the assessee can urge any ground of defence even though it might
have been rejected by the Appellate Assistant Commissioner for
showing that there should be no increase.