Click Here For Best Books On Taxation & Law. Upto 60% Off On Select Titles. Free Shipping & Pay On Delivery!
 

Click Here To Subscribe To Our Free Newsletter

This section is now closed. Click here for new judgements

Home › All Judgements › Pradip Mehta vs. CIT (Supreme Court)

Pradip Mehta vs. CIT (Supreme Court)

Posted on by editor
COURT:
CORAM:
SECTION(S):
GENRE:
CATCH WORDS:
COUNSEL:
DATE: (Date of pronouncement)
DATE: April 12, 2008 (Date of publication)
AY:
FILE:
CITATION:

(i) U/s 6 (6), a person will become an ordinarily resident only if (a) he has been residing in nine out of ten preceding years; and (b) he has been in India for at least 730 days in the previous seven years;

(ii) Though judgments given by a High Court are not binding on the other High Court(s), judicial decorum, propriety and discipline requires that the High Court should, especially in the event of its contra view or dissent, discuss the aforesaid judgments of the different High Courts and record its own reasons for its contra view;

(iii) It is well settled that when two interpretations are possible, then invariably the Court would adopt the interpretation which is in favour of the tax payer and against the Revenue;

(iv) Circulars issued by the Department are binding on the Department.

Related Judgements

  1. M/s Ahmed Anis vs. CIT (Supreme Court) 

    Where the assessee had led satisfactory evidence that its business was that of a commission agent and not a trader and 10-11 years had passed, the assessee could not be held responsible for non-appearance of five traders to whom summons … M/s Ahmed Anis vs. CIT (Supreme…
  2. K.C.C. Software Ltd vs. DIT (Inv.) (Supreme Court) 

    Cash in bank is conceptually different from cash in hand. It is not permissible for the Revenue to withdraw money from the attached bank accounts. However, as the order u/s 132B was not challenged, no relief given. Directions given for … K.C.C. Software Ltd vs. DIT (Inv.)…
  3. DCIT vs. Gujarat Alkalies (Supreme Court) 

    Commitment charges paid in respect of borrowed moneys are allowable as a deduction u/s 37(1) of the Act.
  4. JCIT vs. United Phosphorus (Supreme Court) 

    The question as to whether the assessee had an option in law to claim partial depreciation in respect of any block of assets is remanded to the High Court to consider in the light of Mahendra Mills 243 ITR 56 … JCIT vs. United Phosphorus (Supreme Court) Read…
  5. CIT vs. Bilahari Investments (Supreme Court) 

    In the case of a chit fund following the ‘completed contract method of accounting’ and offering income at the end of the chit, held, approving the method: (i) Recognition/identification of income under the Act is attainable by several methods of … CIT vs. Bilahari Investments (Supreme Court) Read…