colorable device, the decision of Honble Supreme Court in the case of Mcdowell & Co. Ltd. was not applicable. The learned CIT(Appeals) held that ... scrutiny of the Full Bench of Supreme Court in the case of Mcdowell & Co. Ltd. v. CTO, 154 ITR 148 (SC), which was thereafter
decision of Hon'ble Supreme Court in the case of Mcdowell & Co. Ltd. was not applicable. The learned CIT(Appeals) held that ... scrutiny of the Full Bench of Supreme Court in the case of Mcdowell & Co. Ltd. v. CTO, 154 ITR 148 (SC), which was thereafter
Mcdowell And Co. Ltd. vs Cce on 20 June, 2005
ORDER
S.L. Peeran, Member (J)
1. The appellants are challenging the correctness
Play World Eelectronics (P) Ltd. 184 ITR 308 and in McDowell & Co. Ltd. v. CIT 154 ITR 148, he disallowed the royalty payment. Learned ... attention to the decision of Hon'ble Supreme Court in McDowell & Co. (154 ITR 148) wherein the court held thus:
Tax planning
light of Supreme Court decision in the case of McDowell & Co. Ltd. v. CTO (1985) 154 ITR 148 a colourable device cannot ... attracted the ratio of the Supreme Court decision in the case of McDowell & Co. (P.) Ltd. (supra). He did not accept that the ratio
relied on a judgment of the Supreme Court in the case of McDowell & Co. Ltd. v. CTO . He invited our attention to the observations ... said submission. He further submitted that the judgment in the case of McDowell & Co. Ltd. v. CTO (supra) had been overruled by the Supreme
ratio of Hon'ble Supreme Court in the case of McDowell ... Supreme Court. He has also grievously erred in not considering the post McDowell developments wherein the Courts (including the Supreme Court) have clearly held that
dictated by the decision of the Supreme Court in the case of McDowell & Co. Ltd. v. CTO and that of Special Bench of Tribunal ... submitted that the impact of the decision of the Supreme Court in McDowell's case has been explained in a subsequent, judgment
decision of the Hon'ble Supreme Court in the case of Mcdowell & Company (154 ITR 148) is not applicable?
(2) Whether the Appellate ... assessing officer, placing reliance on the Supreme Court decision in case of McDowell & Co. Ltd. v. Commercial Tax Officer , (1985) 154 ITR 148 also
relied on a judgment of the Supreme Court in the case of McDowell and Co. Ltd. v. CTO . He invited our attention to the observation ... said submission. He further submitted that the judgment in the case of McDowell and Co. Ltd. v. CTO had been overruled by the Supreme Court
