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1 - 9 of 9 (0.28 seconds)The Companies Act, 1956
The Electricity Act, 2003
Jute Corporation Of India Ltd vs Commissioner Of Income Tax And Anr on 4 September, 1990
Rejection of the grounds based on
law is not in compliance with the principle laid down in Jute Corporation of India Ltd vs.
CIT [1991] 187 ITR 688 (SC). The Ld. CIT(A) should have entertained the grounds urged
before him basing on the applicability of section 115JB of the Act.
Exide Industries Ltd. vs Union Of India . on 7 January, 2015
27. We have heard the both the sides. From the impugned order in ITA No. 891/K/2013,
we find that the CIT(A) confirmed the disallowance as made by the Ld. AO on account of
claim for provision for leave encashment. Ld. counsel for the assessee stated that the
deduction on account of provision for leave encashment was made on the basis of the
judgment of Hon'ble jurisdictional High Court in the case of Exide Industries Ltd. Vs.
Union of India (2007) 292 ITR 470 (Cal). However, it has come to our notice that
subsequently Hon'ble Supreme Court has stayed this judgment of Hon'ble jurisdictional
High Court vide order 08-05-2009 by following observations:-
The Commissioner Of Income Tax-2 vs Hdfc Bank Ltd. on 5 September, 2014
In this factual scenario, we find that the decision reported in CIT vs.
HDFC Bank Ltd. (2014) 366 ITR 0505 (Bom) applies on all fours. In that decision it was
held that when assessee's capital, profit reserves, surplus and current account deposits were
higher than the investment in tax-free securities, it would have to be presumed that
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ITA Nos. 1656 & 891/Kol/2013
DPSC Limited, AYs 2009-09 & 2009-10
investment made by the Assessee would be out of the interest-free funds available with
Assessee, and the additions made by the AO under Section 14A of the Act by disallowing
the expenditure, have to be deleted.
National Thermal Power Co. Ltd. vs Commissioner Of Income Tax on 4 December, 1996
23. It is the settled principle of law vide decisions in National Thermal Power Co. Ltd.
Vs. CIT (1998) 229 ITR 383 SC and Jute Corporation Of India Ltd vs. CIT [1991] 187 ITR
688 (SC) that when a new ground which does not require any further investigation of facts
and purely legal in nature, is raised it may be admitted.
Commissioner Of Income Tax vs Ashish Jhunjhunwala on 8 January, 2014
15. Further reliance is placed on a decision in the case of CIT Vs. ASHISH
JHUNJHUNWALA G.A. No. 2990 of 2013, wherein the Hon'ble Jurisdictional High Court
of Calcutta confirmed the following observations of this Tribunal in ITA No
1809/Kol/2012:
Uifmc Ltd., Hyderabad vs Assessee on 29 February, 2016
), State Bank of Hyderabad Vs. DCIT reported in (2013) 33 taxmann.com
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ITA Nos. 1656 & 891/Kol/2013
DPSC Limited, AYs 2009-09 & 2009-10
312 (Hyd. Trib.)
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