| Case ID |
3a950605-d8b4-41c9-b16c-fd78c8086dec |
| Body |
View case body. Login to View |
| Case Number |
D-2741 of 2016 |
| Decision Date |
Jul 06, 2009 |
| Hearing Date |
|
| Decision |
The Madhya Pradesh High Court ruled in favor of the assessee, allowing the additional ground regarding charging of interest under section 234B of the Income-tax Act. The court held that the Tribunal should have permitted the assessee to raise this plea as it was a pure question of law that could be decided without additional evidence. Furthermore, the court ruled that the compensation received by the assessee constituted a revenue receipt and was taxable, affirming the views of the lower authorities on the matter. The court declined to answer the fourth question raised as it did not arise for consideration. |
| Summary |
In the case of S. Kumar Tyre Manufacturing Co. Ltd. vs. Commissioner of Income Tax, the Madhya Pradesh High Court addressed key issues regarding the Income-tax Act, 1961, particularly focusing on the assessment year 1992-93. The case revolved around whether the Tribunal was justified in declining to admit additional grounds related to interest under section 234B and the nature of compensation received by the assessee. The judgment emphasized the importance of appellate powers and the ability to raise new grounds during appeals. The court's decision highlighted significant precedents, ensuring clarity on the treatment of revenue receipts in tax assessments. This case is pivotal for understanding the nuances of tax law and the rights of taxpayers in appellate proceedings. |
| Court |
Madhya Pradesh High Court
|
| Entities Involved |
Not available
|
| Judges |
A. M. Sapre,
S. K. Seth
|
| Lawyers |
G.M. Chafekar,
D.S. Kale,
R.L. Jain,
Ms. Veena Mandlik
|
| Petitioners |
S. Kumar Tyre Manufacturing Co. Ltd.
|
| Respondents |
Commissioner of Income Tax
|
| Citations |
2012 SLD 3220 = (2012) 344 ITR 581
|
| Other Citations |
Barr, Crombie and Co. Ltd. v. IRC [1947] 15 ITR (E. C.) 56,
CIT v. Ciba of India Ltd. [1968] 69 ITR 692 (SC),
CIT v. Coal Shipments P. Ltd. [1971] 82 ITR 902 (SC),
CIT v. Rai Bahadur Jairam Valji [1959] 35 ITR 148 (SC),
CIT v. Shaw Wallace and Co. [1932] AIR 1932 PC 138,
CIT v. Shoorji Vallabhdas and Co. [1962] 46 ITR 144 (SC),
CIT & EPT v. South India Pictures Ltd. [1956] 29 ITR 910 (SC),
CIT v. B.C. Srinivasa Setty [1981] 128 ITR 294 (SC),
CIT v. Sterling Investment Corporation Ltd. [1980] 123 ITR 441 (Bom),
CIT v. Tata Engineering and Locomotive Co. P. Ltd. [1980] 123 ITR 538 (Bom),
CIT v. Tata Services Ltd. [1980] 122 ITR 594 (Bom.),
Davies (H. M. Inspector of Taxes) v. The Shell Co. of China Ltd. [1952] 22 ITR (E.C.) 1,
Devidas Vithaldas and Co. v. CIT [1972] 84 ITR 277 (SC),
Indermani Jatia v. CIT [1959] 35 ITR 298 (SC),
Jonas Woodhead & Sons (India) Ltd. v. CIT [1997] 224 ITR 342 (SC),
Jute Corporation of India Ltd. v. CIT [1991] 187 ITR 688 (SC),
Kelsall Parsons and Co. [1938] 21 TC 608,
Morvi Industries Ltd. v. CIT [1971] 82 ITR 835 (SC),
National Thermal Power Co. Ltd. v. CIT [1998] 229 ITR 383 (SC),
Raja Bahadur Kamakshya Narain Singh of Ramgarh v. CIT [1943] 11 ITR 513 (PC),
Rustproof Metal Window Co. Ltd. v. IRC [1948] 16 ITR (E.C.) 57,
Scientific Engineering House P. Ltd. v. CIT [1986] 157 ITR 86 (SC),
Short Bros. Ltd. v. IRC [1927] 12 Tax Case 955,
Van Den Berghs Ltd. v. Clark (H.M. Inspector of Taxes) [1935] 3 ITR (E.C.) 17
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| Laws Involved |
Income-tax Act, 1961
|
| Sections |
4,
253
|