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1 - 8 of 8 (0.22 seconds)Commissioner Of Income Tax vs Chhattisgarh Urology Society 20 ... on 11 March, 2019
6. On
having heard both the learned Senior Counsel and on having examined
the material on record, it needs to be noted at the outset that
identical question has been examined expensively in the case of Joint
Commissioner of Income-Tax Vs. Saheli Leasing & Industries Ltd
reported in (2010) 324 ITR 170 and in the decision of this Bench in
Tax Appeal No. 1601 of 2009 in case of Commissioner of Income-Tax-II
vs. Good Luck Marketing Ltd. It would be apt to reproduce relevant
findings of Tax Appeal No.1601 of 2009, which are as follows:-
M/S Virtual Soft Systems Ltd vs Commissioner Of Income Tax, Delhi-I on 6 February, 2007
23. We
may recall that in the case of Gold Coin Health Food P.Ltd. Private
Limited (supra), the Apex Court while overruling the previous
decision in the case of Virtual Soft Systems Ltd. vs. CIT reported in
[2007] 289 ITR 83 (SC) held that even in a case where claim of loss
is found to have been wrongly made, by virtue of Explanation 4 of
Section 271(1)(c) (iii), penalty can be levied.
Jt.Commr.Of Income Tax,Surat vs Saheli Leasing & Industries Ltd on 7 May, 2010
6. On
having heard both the learned Senior Counsel and on having examined
the material on record, it needs to be noted at the outset that
identical question has been examined expensively in the case of Joint
Commissioner of Income-Tax Vs. Saheli Leasing & Industries Ltd
reported in (2010) 324 ITR 170 and in the decision of this Bench in
Tax Appeal No. 1601 of 2009 in case of Commissioner of Income-Tax-II
vs. Good Luck Marketing Ltd. It would be apt to reproduce relevant
findings of Tax Appeal No.1601 of 2009, which are as follows:-
Commissioner Of Income Tax vs Manglam Ricinus Ltd. on 30 August, 2022
42. Here also various statutory
provisions and judicial pronouncements cited before us were not cited
before the High Court. The High Court, therefore, did not have the
benefit of examining such judicial pronouncements. Even otherwise we
have given detailed reasons for holding the belief that we have
expressed in this judgment. We are unable to persuade ourselves to
follow Delhi High court in above mentioned cases of Commissioner of
Income-Tax vs. Nanak Ram Jaisinghania (supra) and in the case of
Commissioner of Income-Tax, Delhi-II vs. Manglam Ricinus Ltd.
(supra).
Section 268 in The Income Tax Act, 1961 [Entire Act]
Commissioner Of Income-Tax vs Concord Industries Ltd. on 28 January, 1997
30. A clarificatory circular
came to be issued on 29.6.2000 in the form of instruction No.1985 by
the Board clarifying principally that while applying monetary limits
laid down in Circular dated 27.3.2000, each case shall be taken
singly.
Deputy Commissioner Of Income Tax vs Bhanwara Ram Nayak S/O Shera Ram Nayak on 17 December, 2019
42. Here also various statutory
provisions and judicial pronouncements cited before us were not cited
before the High Court. The High Court, therefore, did not have the
benefit of examining such judicial pronouncements. Even otherwise we
have given detailed reasons for holding the belief that we have
expressed in this judgment. We are unable to persuade ourselves to
follow Delhi High court in above mentioned cases of Commissioner of
Income-Tax vs. Nanak Ram Jaisinghania (supra) and in the case of
Commissioner of Income-Tax, Delhi-II vs. Manglam Ricinus Ltd.
(supra).
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