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The Commissioner Of Income Tax And ... vs The South India Pictures Ltd., ... on 14 March, 1956

In arriving at the above conclusions the ITO distinguished the case of Govinda Choudhury & Sons (supra) and, instead, relied upon the decisions in the cases of CIT v. South India Pictures Ltd. 11956] 29 ITR 910 (SC), CIT v. Rai Bahadur Jairam Valji [1959] 35 ITR 148 (SO and CIT v. Manna Ramji & Co. [1972] 86 ITR 29 (SO. The assessee-firm appealed to the CIT(Appeals).
Supreme Court of India Cites 8 - Cited by 46 - N H Bhagwati - Full Document

Commissioner Of Income-Tax, Nagpur vs Rai Bahadur Jairam Valji And Others on 7 October, 1958

In arriving at the above conclusions the ITO distinguished the case of Govinda Choudhury & Sons (supra) and, instead, relied upon the decisions in the cases of CIT v. South India Pictures Ltd. 11956] 29 ITR 910 (SC), CIT v. Rai Bahadur Jairam Valji [1959] 35 ITR 148 (SO and CIT v. Manna Ramji & Co. [1972] 86 ITR 29 (SO. The assessee-firm appealed to the CIT(Appeals).
Supreme Court of India Cites 9 - Cited by 127 - Full Document

Commissioner Of Income-Tax Poona vs M/S. Manna Ramji & Co on 29 August, 1972

In arriving at the above conclusions the ITO distinguished the case of Govinda Choudhury & Sons (supra) and, instead, relied upon the decisions in the cases of CIT v. South India Pictures Ltd. 11956] 29 ITR 910 (SC), CIT v. Rai Bahadur Jairam Valji [1959] 35 ITR 148 (SO and CIT v. Manna Ramji & Co. [1972] 86 ITR 29 (SO. The assessee-firm appealed to the CIT(Appeals).
Supreme Court of India Cites 8 - Cited by 51 - H R Khanna - Full Document

T. N. K. Govindarajulu Chetty vs Commissioner Of Income-Tax, Madras on 17 April, 1967

In the case of T.N.K. Govindaraju Chetty v. CIT [19671 66 ITR 465 the Supreme Court has laid down that where interest has been awarded under statute or under contract the same is income exigible to tax and where it is not attributable to either statute or contract, but has been awarded on ex-gratia basis, it would partake the character of compensation.
Supreme Court of India Cites 14 - Cited by 90 - J C Shah - Full Document

Commissioner Of Income-Tax vs Periyar And Pareekanni Rubbers Ltd. on 9 December, 1971

This principle has been followed by Kerala High Court in the case of CIT v. Periyar & Pareekanni Rubbers Ltd. [1973 ] 87 ITR 666 and by Orissa High Court in the case of Govinda Choudhury & Sons (supra) relied upon by Dr. Narayanan. The cases relied upon by the ITO are totally besides the point though the principles enunciated therein are subject to no dispute.
Kerala High Court Cites 9 - Cited by 24 - Full Document

Seth Thawardas Pherumal vs The Union Of India(And Connected ... on 24 March, 1955

11. In the instant case the position comes to this. The relationship between the creditor (the assessee) and the debtor (Union of India) was no doubt governed by the terms and conditions of the Contract Agreement which made a specific provision for referring the dispute to a sole Arbitrator but it made no provision either creating a right in favour of the creditor-assessee to receive interest on the withheld amount or a corresponding obligation on the debtor Union of India to pay such interest. Moreover, it did not empower the Arbitrator to grant interest for the period the same was withheld, pendentelite or future. Section 34 of the Code of Civil Procedure 1908, as was held by Supreme Court in the case of Thawardas Pherumal v. Union of India AIR 1955 SC 468, was not applicable to the proceedings before the Arbitrator as the same had not ensued from any application under the provisions of the Arbitration Act or a suit filed before a Civil Court. The Military Engineers Service Contractor's Labour Regulations, which governed the work contract in this case, also made no provision for creditor's right to receive and/or debtor's obligation to pay interest on withheld amounts. It is thus clear that pendentelite and future interest awarded in this case under (6) & (d) above respectively is not attributable either to any statute or contract but was awarded by the Arbitrator on ex-gratia basis. Arbitrator's not awarding interest for the period from 1965 to 1980 |at (a)| clearly speaks of the absence of any contract to pay and receive interest for the period the money of creditor was withheld by the debtor.
Supreme Court of India Cites 15 - Cited by 272 - Full Document
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