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Jan 16 2020 (HC)

M/S Swabhimani Souharda Credit Co Operative Ltd Vs. Government of Indi ...

Court : Karnataka

..... knocked at the doors of writ court in substance for a prayer that they are entitled to seek deduction in respect of their income in terms of the scheme envisaged under section 80p of the income tax act, 1961 (hereafter 1961 act), on the premises that they too are a 4 cooperative society, on par with those registered under the provisions of karnataka co ..... circumstances, these writ petitions succeed; a declaration is made to the effect that the entities registered under the karnataka souharda sahakari act, 1997 fit into the definition of co-operative society as enacted in sec.2(19) of the income tax act, 1961 and therefore subject to all just exceptions, petitioners are entitled to stake their claim for the benefit of sec.80p ..... made at the bar, the following question of law arises for consideration: whether an entity registered under the karnataka souharda sahakari act, 1997 fits into the definition of co-operative society as enacted by sec. 2(19) of the income tax act, 1961 for the purpose of section 80p thereof?.5. having heard the learned counsel for the parties and having perused the ..... two legislations relating to cooperative societies in the state of karnataka viz., the karnataka co-operative societies act, 1959 & the karnataka souharda sahakari act, 1997; the entities registered under the 1997 act also answer the definition of cooperative society enacted in sec. 2(19) of the income tax act 1961 and therefore, they are entitled to seek the benefit of sec.80p thereof; the learned .....

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Dec 06 2019 (HC)

M/S T T K Prestige Ltd Vs. The Union of India Reptd by Its Finance Sec ...

Court : Karnataka

..... day, the court made the following: order in these petitions, petitioners have prayed for striking down the provisions of chapter xii - h inserted in the income tax act, 1961 (for short act, 1961) by the finance act, 2005 (for short act, 2005) w.e.f. 1.4.2005 on the score that it is offending the provisions of article 14 of the constitution and being beyond ..... imposed directly on the taxpayer and paid directly to the government by the persons (juristic or natural) on whom it is imposed. income tax: (entry no.82 of the union list):-"income tax act, 1961 imposes tax on the income of the individuals or hindu undivided families or firms or co- operative societies (other than companies) and trusts (identified as bodies of individuals associations of persons) or ..... court may be pleased to allow the above writ petition in the interest of justice and equity. the rules pertaining 11. question for consideration is chapter xii-h of the income tax act, 1961 or any part thereof would be unconstitutional being violative of articles 14 and 246(1) read with entry 82, list i of the seventh schedule to the constitution of ..... .dilip m., advs for r2) this writ petition is filed under articles226and227of constitution of india praying to strike down the provisions of chapter xii-h inserted in the income tax act, 1961 by the finance act, 2005 with effect from14.2005 as offending the provisions of article14of the constitution of india and as being beyond the legislative competence of parliament in so far as .....

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Dec 06 2019 (HC)

M/S. Mfar Constructions Pvt. Ltd. Vs. Additional Commissioner of Comme ...

Court : Karnataka

..... the authorities are barred from processing the return filed under the it act, 1961 just because it is not filed within the time stipulated either under section 139[1]. or 139[4 ..... this proposition. however, the dispute herein is the claim of input tax made without claiming such credit in the returns.22. in the case of a.balakrishnan v/s. general manager and another, reported in ilr2007kar1336 the learned single judge of this court in the context of section 139 of the income tax act, 1961, held that the said provision does not indicate that ..... ]. of the said act. a return filed is bound to be processed by the income tax authorities for which purpose they are meant unless there is an embargo placed.23. in the case of state of karnataka vs. centum industries private limited case, reported in ..... [2015]. 77 vst117[karn]., the division bench of this court interpreting section 10[3]. of the act inasmuch as the belated claim made by .....

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Dec 02 2019 (HC)

Rolls-Royce Plc vs.deputy Director of Income Tax, Circle-2(1), Interna ...

Court : Delhi

..... not raise a substantial question of law.7. the further submission of mr. billimoria is that the amendment incorporated in the second explanation in section 9(1) of the income tax act with effect from 1st april, 2019 would not have retrospective application. this submission has no merit. this is for the reason that while determining the issue whether rril constituted ..... of the revenue vide its decision dated 30th august, 2011 reported as [2011]. 13 taxmann.com 233 (delhi) rolls royce ita9692019 page 1 of 8 plc vs. director of income-tax (international taxation) that the rolls- royce india ltd (hereinafter referred to as rril?), a hundred percent subsidiary of the appellant, constituted permanent establishment (hereinafter referred to as pe?) ..... new delhi ita9692019 ita9702019 ita9722019 ita9732019 ita9742019 rolls-royce plc ..... appellant through: mr.percival billimoria, mr.sr patnaik, mr.thangadurai vp and mr.sidharth thakur, advocates versus deputy director of income tax, circle-2(1), international taxation, new delhi ..... respondent through: ms.lakshmit gurung, senior standing cousnel with mr.talha a rahman, mr.siddharth gupta and mr. shaz khan, advocates ..... the substituted clause (a) of explanation-2 to section 9(1) of the act, with effect from 1st april, 2019.8. another argument advanced by mr. billimoria is that the income of the assessee, on the basis that rril constituted its pe, has already been subjected to tax in the hands of pe i.e. rril, and the revenue is seeking .....

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Dec 02 2019 (HC)

Rolls-Royce Plc vs.deputy Director of Income Tax

Court : Delhi

..... not raise a substantial question of law.7. the further submission of mr. billimoria is that the amendment incorporated in the second explanation in section 9(1) of the income tax act with effect from 1st april, 2019 would not have retrospective application. this submission has no merit. this is for the reason that while determining the issue whether rril constituted ..... of the revenue vide its decision dated 30th august, 2011 reported as [2011]. 13 taxmann.com 233 (delhi) rolls royce ita9692019 page 1 of 8 plc vs. director of income-tax (international taxation) that the rolls- royce india ltd (hereinafter referred to as rril?), a hundred percent subsidiary of the appellant, constituted permanent establishment (hereinafter referred to as pe?) ..... new delhi ita9692019 ita9702019 ita9722019 ita9732019 ita9742019 rolls-royce plc ..... appellant through: mr.percival billimoria, mr.sr patnaik, mr.thangadurai vp and mr.sidharth thakur, advocates versus deputy director of income tax, circle-2(1), international taxation, new delhi ..... respondent through: ms.lakshmit gurung, senior standing cousnel with mr.talha a rahman, mr.siddharth gupta and mr. shaz khan, advocates ..... the substituted clause (a) of explanation-2 to section 9(1) of the act, with effect from 1st april, 2019.8. another argument advanced by mr. billimoria is that the income of the assessee, on the basis that rril constituted its pe, has already been subjected to tax in the hands of pe i.e. rril, and the revenue is seeking .....

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Nov 28 2019 (HC)

Curewell (India) Ltd. Vs.income Tax Officer

Court : Delhi

..... the aforesaid questions. the assessing officer passed the assessment order in respect of the assessment year 2002-03 under section 144 of the income tax act on ita2592018 page 1 of 7 30.03.2005. eventually, on 07.01.2009, the income tax appellate tribunal (itat) set aside the matter to the file of the assessing officer to adjudicate afresh after considering the documents and ..... court of delhi at new delhi date of decision:28. 11.2019 ita2592018 curewel (india) ltd. ..... appellant through: mr. g.c. srivastava, mr. suvinay dash and mr. siddharth, advocates. versus income tax officer ..... respondent through: ms. vibhooti malhotra and mr.siddharth manocha, advocates. coram: hon'ble mr. justice vipin sanghi hon'ble mr. justice sanjeev narula vipin sanghi, j.(oral) 1. $~7 ..... our consideration: i. whether, in the facts and circumstances of the case and in law, the itat erred in upholding the action of the cit(a) in refusing to adjudicate on the issue of non-taxability of income on account of waiver of loan payable by the appellant to canara bank, without going into the merits of such claim?. ii. whether, in ..... submissions of the assessee. the assessing officer then passed a fresh assessment order on 01.12.2009 under section 143(3) read with section 254 of the act, making certain additions and disallowances. the .....

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Nov 22 2019 (HC)

Union of India vs.maqbool Ahmed Qureshi & Ors.

Court : Delhi

..... exercise administrative or financial powers vested in the full-fledged incumbent of the post but he cannot exercise statutory powers, whether those powers are derived direct from an act of parliament, e.g., income tax act or rules, regulations and by- laws made under various articles of the constitution, e.g., fundamental rules, classification, control and appeal rules, w.p. (c) 6132/2017 page ..... an officer: (i) when an officer is required to discharge all the duties of the other post including the statutory functions, e.g., exercise of power derived from acts of parliament such as income tax act or the rules, regulations, by-laws made under various articles of constitution such as frs, ccs (cca) rules, csrs., dfprs., etc., then steps should be taken to process ..... ? cannot be filled up prior to obtaining its revival? from department of expenditure. c. statutory posts, the name and level/ pay scale of which is specifically provided for in an act of parliament, are exempted from falling in the category of deemed abolished? on remaining vacant for a period of more than 2 years. only the posts mentioned in statute may .....

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Nov 15 2019 (HC)

Vashulinga Finance Pvt. Ltd. Vs.deputy Commissioner of Income Tax

Court : Delhi

..... 1 of 8 30.11.2004 declaring nil? income. however, tax was paid under section 115jb on the book profit of rs.24,86,664 ..... order dated 03.11.2008 of cit (appeals).2. the cit (appeals) had deleted the addition of rs.1.17 crore made by the assessing officer on account of unexplained cash credits under section 68 of the income tax act. the assessee had filed its return of income on ita no.811/2019 page ..... j.(oral) 1. the appellant has preferred the present appeal to assail the order dated 18.04.2019 passed by the income tax appellate tribunal, delhi bench d : delhi in ita no.190/del/2009 in respect of the assessment year 2004-05. the tribunal has allowed ..... finance pvt.ltd. ..... appellant through: dr. rakesh gupta, ms. monika ghai, ms. tani malik and mr. rohit kumar gupta, advocates. versus deputy commissioner of income tax ..... respondent through: ms. vibhooti malhotra and mr.siddharth manocha, advocates. coram: hon'ble mr. justice vipin sanghi hon'ble mr. justice sanjeev narula vipin sanghi, ..... year under appeal, copy of the account of the parties in their-books, copy of the bank statements, copy of the income tax returns along with computation of income and balance-sheet. summons issued under section 131 to principal officer of these companies were required to appear in person with similar .....

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Nov 14 2019 (HC)

The Pr. Commissioner of Income Tax-Central-3 vs.ankush Saluja

Court : Delhi

..... . justice vipin sanghi hon'ble mr. justice sanjeev narula sanjeev narula, j.(oral):1. the present appeal under section 260a of the income tax act (hereinafter referred to as act?) is directed against the order dated 07.12.2017 passed by the income tax appellate tribunal (hereinafter referred to as itat?) bench b new delhi in ita2047de1/2016 for the assessment year (ay) 2007-08, whereby ..... 68 of the act on account of unexplained cash credit ..... the appeal filed by the appellant against the order of cit (a) dated 25.01.2016, challenging the deletion of additions made under section ..... a.o. is directed to charge interest as per provision of the act, on total income, after giving effect to this order. therefore, for statistical purposes, ground no.9, is treated as allowed.8. in the result, the appeal is partly allowed. 5. aggrieved with the aforesaid order of the cit (a), revenue filed an appeal before the itat. the tribunal concurred with .....

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Nov 14 2019 (HC)

Pr. Commissioner of Income Tax-2 vs.m/s Century Metal Recycling Pvt. L ...

Court : Delhi

..... of 5 revive the re-assessment proceedings, in case the order which forms the basis of issuance of the notice under section 148 of the income tax act being eventually upheld, while making it clear that the assessee could not be entitled to raise a plea of limitation.9. learned counsel for ..... now, the very basis of initiating the re-assessment proceedings by virtue of the notice dated 02.02.2010 issued under section 148 of the income tax act, 1961 does not survive. therefore, we are disposing of this writ petition with liberty to both sides to seek revival in case the need ..... be protected. consequently, we are inclined to adopt the approach indicated in national agricultural co-operative marketing federation of india ltd. v. assistant commissioner of income tax - circle 32(1), w.p.(c) 5895/2010 decided on 07.08.2014 wherein we passed the following order:-" in these circumstances, we find ..... said appeal being preferred, the tribunal should have adopted the same course as prescribed by this court in a.t. kearney india ltd. v. income tax officer, (2015) 371 itr179 in that case, though the appeal had not been preferred against the order, setting aside the order which formed the ..... the high court of delhi at new delhi date of decision:14.11.2019 ita5102019 versus ..... appellant through: mr. zoheb hossain, advocate. pr. commissioner of income tax- 2 m/s century metal recycling pvt. ltd..... respondent coram: hon'ble mr. justice vipin sanghi hon'ble mr. justice sanjeev narula vipin sanghi, j .....

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