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0Somerset Place Cooperative Housing ... vs Income Tax Officer, 16 (2) (1) on 13 February, 2015
cites
Section 256 in The Income Tax Act, 1961 [Entire Act]
M/S. Karamchand Premchand Pvt. Ltd. ... vs The Commissioner Of Income-Tax, ... on 1 December, 1992
10. As regards the decision in the case of "Karamchand Premchand
Pvt. Ltd. Vs. Commissioner of Income Tax, Gujarat", the challenge before the
Court was to an order dated 29.1.1970 passed by the Commissioner of Income
Tax who had dismissed the petitioner's Revision Application filed under Section
33A and Section 264(1) of the Act on the ground of limitation. The issue
pertaied to the Assessment Year 1961-62, 1962-63, 1963-64, for which period
the petitioner had incurred certain expenditure, however no deduction was
claimed in respect of the same, relying upon the decision of this Court and other
High Courts in respect of deductibility of such expenses. The Income Tax
Officer had also not allowed this deduction during the course of respective
assessment. The assessments were finalised subsequently in the year 1966.
Collector Land Acquisition, Anantnag & ... vs Mst. Katiji & Ors on 19 February, 1987
12. A reliance on behalf of the applicant on the decision of the
Supreme Court in the case of "Collector, Land Acquisition Vs. MST.Katiji &
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Ors." (supra) and the decision in the case of "N.Balakrishnan Vs.
M.Krishnamurthy" (supra) is also inappropriate in the facts of the present case.
Section 5 in The Limitation Act, 1963 [Entire Act]
Prem Chand Bansal And Sons vs Income-Tax Officer on 9 October, 1998
11. The decision in the case of "Prem Chand Bansal and Sons Vs.
Income Tax Officer" (supra) the Division Bench of Delhi High Court, as relied
on behalf of applicant, was concerned a similar issue as fell for consideration in
the decision of Gujarat High Court in the case "Karamchand Premchand Pvt.
N. Balakrishnan vs M. Krishnamurthy on 3 September, 1998
12. A reliance on behalf of the applicant on the decision of the
Supreme Court in the case of "Collector, Land Acquisition Vs. MST.Katiji &
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Ors." (supra) and the decision in the case of "N.Balakrishnan Vs.
M.Krishnamurthy" (supra) is also inappropriate in the facts of the present case.
Commissioner Of Income-Tax vs Sothia Mining And Manufacturing ... on 13 March, 1989
9. The decision in the "Commissioner of Income Tax Vs. Sothia
Mining and Manufacturing Corporation Ltd." (supra), the same arose out of an
order passed by the Tribunal which had condoned the delay in filing the appeal
by the respondent. The Tribunal had condoned the delay on the ground that there
was a decision of the Supreme Court on the controversy raised and because of
the said decision the Assessee had found that it had good reason to prefer an
appeal. This decision does not refer to the period of delay except for the fact that
the delay was condoned in view of the decision of the Supreme Court which was
available when the order was passed by the Assessing Officer. The Tribunal had
merely agreed with the discretion exercised by the Appellate Assistant
Commissioner in condoning the delay. The High Court did not interfere with the
decision of the Tribunal.
Continental Construction Ltd vs Commissioner Of Income-Tax, Central-1 on 15 January, 1992
Ltd. Vs. CIT , (1991) 224 ITR 677". The
petitioner, therefore, approached the High Court by a petition under Section
256(2) of the Act which was filed with a delay of about 25 days. The case of the
petitioner interalia was that there was a change in law as brought about by the
decision of the Supreme Court. The Delhi High Court while holding that in
considering a delay condonation application facts and circumstances of the each
case are required to be considered, held that the facts of the case warranted
condonation of delay of 25 days. The High Court has made the following
observations:-
India Cements Ltd., Madras vs Commissioner Of Income-Tax, Madras on 8 December, 1965
The
Supreme Court had reversed the view taken by this Court and other High Courts
in India and same was reported in the case "India Cements Ltd. Vs.
Commissioner of Income Tax" and held that such expenditure must be treated as
revenue expenditure and therefore, deduction thereof should be given from the
gross income earned by the concerned assessee. The petitioner having received
the knowledge of the decision of the Supreme Court, moved the Commissioner
of Income Tax by a revision application on 26.4.1966. The Commissioner issued
a notice to the petitioner recording as to why the application be not treated as
time barred. The petitioner responded to the show cause notice stating that the
view taken by the Bombay and other High Courts as regards the allowance of
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expenditure was upset by the Supreme Court in the case of "India Cements Ltd."