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M/S. East India Pharmaceutical Works ... vs Commissioner Of Income Tax. West Bengal on 11 March, 1997

Respectfully following the decision of Hon'ble Bombay High Court in the case of Zandu Pharmaceuticals Works Ltd (supra), we hold that the sums of rupees for Rs.4.25 crores and Rs.1.96 crores has to be shown under corporate division and the excess along with other corporate expenses has been rightly been allocated to the 3 manufacturing units by the assessee."
Supreme Court of India Cites 13 - Cited by 184 - S C Agrawal - Full Document

Rain Cii Carbon (India) Limited, ... vs Dcit, Circle 3(1), Hyderabad on 26 April, 2017

17. Now coming to the issue, whether such capital receipt in the form of excise duty refund should be treated as part income while computing book profit u/s.115JB. Ld. CIT(A) I.T.As. No.5124/Del/2011, 92/Del/2012, 144, 475, 4426 & 4906/Del/2013 17 has held assessee is not entitled to the exclusion of the said amount following the judgment of ITAT Hyderabad in the case of Rain Commodities Ltd. Vs. DCIT, [2014] 149 ITD 732 (Hyd.).
Income Tax Appellate Tribunal - Hyderabad Cites 65 - Cited by 98 - Full Document

Goetze (India) Ltd. vs Cit on 24 March, 2006

There cannot be imposition of tax without the authority of law. One has to look what is envisaged under the Act to be taxed and there is no room for intendment or tax authorities can capitalize on acquiescence by assessee sans any authority by law. The court and taxing authorities have bounden duty to decide as to whether a particular category of assessee is to pay a particular tax or not. Even if we agree that Assessing Officer could not have entertained such a fresh claim but in view of the decision of Hon'ble Supreme Court in the case of Goetz India Ltd. vs. CIT (supra) as heavily relied upon by the Ld. CIT D.R., however, it does not impinge upon the powers of the appellate authorities including Ld. CIT (A) and Tribunal. This has been clarified by the Hon'ble Supreme Court itself in the concluding part of the said judgment. There is no such bar or statutory restrain on the appellate authorities to permit/entertain such additional claims which has been raised by the assessee before them.
Supreme Court of India Cites 3 - Cited by 1246 - Full Document
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