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1 - 10 of 15 (0.24 seconds)C.I.T vs Express Newspapers Ltd on 11 January, 1994
He submitted that the decision of the
Hon'ble Supreme Court in the case of CIT Vs Express Newspapers Ltd.,
cited supra, was considered by the subsequent bench of the Supreme
Court in the case of CIT Vs Cocanada Radhaswami Bank Ltd., cited
supra and after taking into consideration of the same, it has been held
that the break up of income under different head is only for the purpose
of computation of total income and it does not cease to be income from
the business.
Commissioner Of Income-Tax, Andhra ... vs The Cocanada Bank Ltd. Kakinada on 2 April, 1965
He submitted that the decision of the
Hon'ble Supreme Court in the case of CIT Vs Express Newspapers Ltd.,
cited supra, was considered by the subsequent bench of the Supreme
Court in the case of CIT Vs Cocanada Radhaswami Bank Ltd., cited
supra and after taking into consideration of the same, it has been held
that the break up of income under different head is only for the purpose
of computation of total income and it does not cease to be income from
the business.
Section 147 in The Income Tax Act, 1961 [Entire Act]
Section 148 in The Income Tax Act, 1961 [Entire Act]
Section 71 in The Income Tax Act, 1961 [Entire Act]
M/S. Killick Nixon & Company vs Commissioner Of Income-Tax, Bombay on 5 May, 1967
The AO furnished the reasons recorded for reopening of the
assessment to the assessee. In the proceedings u/s 143(3) read with
Sec.148 of the IT Act, the AO held that the brought forward business
loss and unabsorbed depreciation cannot be set off against the income
from capital gains. He observed that the assessee has sold the land
situated at Tumkur road along with the building and bore well which
were all used for the business. Taking note of the decision of the
Hon'ble Apex Court in the case of M/s Killick Nixon & Co., Vs CIT
reported in 66 ITR 714(SC), wherein it was held that only income which
is earned by carrying on business is entitled to be set off, he held that
the carry forward business loss cannot be set off against the income
from capital gains, as it is against the provisions of law. He also
observed that the assessee has admitted the profit and sale of land etc.
s
3 ITA No.1546(B)2008 (SB)
as long term capital gains and offered to tax at the rate of 20%. He
accordingly, computed the income of the assessee.
The Income Tax Act, 1961
Karsondas Ranchhoddass (Legal Heir Of ... vs Commissioner Of Income-Tax, Bombay on 19 January, 1971
4. M/s Karsondas Ranchhoddass Vs CIT (1972) 83 ITR 1(Bom)
L. Ve. Vairavan Chettiar vs Commissioner Of Income-Tax on 9 April, 1965
5. L.VE Vairavan Chettiar Vs CIT (1969) 72 ITR 114(Mad.)