Friday, November 18, 2011

Compilations of case law: STATUS OF ASSESSEE ; General

Assessment can be made in a different status than what was claimed in the return.
Munilal Shivnarain Kothari Vs CIT (Raj) 149 ITR 567
Correct person to be assessed – Assessment of different persons in respect of same income will not absolve the correct person's liability
CIT Vs Sriram Jagannath ( Raj ) 250 ITR 689
S.P. Jaiswal etc. Vs CIT (SC) 224 ITR 619
CIT Vs Ch. Atchaiah (SC) 218 ITR 239
K. Bhoomiamma Vs CIT (Kar) 194 ITR 723
ACIT Vs Puri Brs (ITAT, Asr) 69 ITD 165
CIT Vs Murugesa Naicker Mansion (Mad) 244 ITR 461
Status of deity is individual.
Shri Shankar Bhagwan Estate Vs ITO (ITAT, Cal) 61 ITD 196
State Forest Corporation is not a local authority.
CIT Vs U.P. Forest Corporation (SC) 230 ITR 945
Co-operative Society has no power to make retrospective amendment to by-laws
CIT Vs Bazpur Co-operative Sugar Factory Ltd. (SC) 172 ITR 321
Private Ltd. Company becoming a Public Ltd. Company by virtue of deeming fiction under Companies Act – Articles of Association restricting transferability of shares – Company cannot be treated as a Company in which public are substantially interested.
CIT Vs Light Publications Ltd (Guj) 251 ITR 120
Trusts for the benefit of general public holds more than 50% shares in a company – But members of the Trust does not have interest in the company – So Company is not one in which public are substantially interested
Tata Sons Ltd. Vs DCIT (ITAT, Mum-TM) 104 ITD 45
Official liquidator is principal officer of company – can be directed to file I.T. Returns
ITO, Nellore Vs Official Liquidator (AP) 106 ITR 119
Official receiver is not Representative of insolvent – He hold properties on behalf of creditors of insolvent – Transfer of property by official receiver – Capital gains are assessable in his hands.
CIT Vs J. Narayana Murthy (AP) 228 ITR 99
Scheme of amalgamation specifying date of transfer – Court not modifying date of transfer – amalgamation takes effect on date of transfer specified in scheme and not on date of court's order. – From that date income of subsidiary company belongs to holding company.
Marshall Sons & Co. (India) Ltd. Vs ITO (SC) 223 ITR 809
Administrator of estate – sale of assets declared – Capital Gains arises
James Anderson Vs CIT (SC) 39 ITR 123
Firm of clearing, forwarding and shipping agents – Not professional firm.
CIT Vs International clearing & Shipping Agency (Mad) 241 ITR 172
Firm – Dissolution – Winding up under supervision of Court – Subsequent sale of assets after few years – Capital Gains assessable in the hands of firm – income earned for the period upto sale assessable in the hands of AOP.
Raghurama Prabhu Estate, Executrix, M. Kaveri Bai & Ors. Vs JCIT (Kar) 264 ITR 124
Suit for dissolution of firm – Receivers appointed to carry on the business till winding up – Receivers carried on business on behalf of erstwhile partners with their consent – Profits to be assessed as an AOP.
N.V. Shanmugham & Co. Vs CIT (SC) 81 ITR 310
The executor will continue to be assessed until the estate is distributed among the beneficiaries according to their several interests.
Navnit Lal Sakarlal Vs CIT (SC) 193 ITR 16
Mother can be natural guardian even during life time of father.
Githa Hariharan & Anr. Vs Reserve bank of India & Anr. (SC) 236 ITR 380
As per contract, export benefit received by assessee would be passed on to foreign buyers – Assessee was   treated as agent of non-resident foreign buyers u/s 163 in respect of said benefit
DCIT Vs A. Tosh & Sons Ltd. (ITAT, Kol) 89 ITD 138
Tax paid by representative assessee would be grossed up for purpose of computing taxable income in hands of beneficiary assessee.
Clouth Gummiwerke Aktiengesellschaft Vs CIT (AP) 238 ITR 861
Income arising to Non-resident through agent – Direct assessment of non-Resident in respect of other income – would not bar assessment of agent u/s.163 
CIT Vs Fertilizers & Chemicals (Travancore) Ltd. (Ker) 166 ITR 823
Assessee bed-ridden – His son was doing business using license in the name of assessee – Books of accounts and assets seized from the bedroom of son – Son to be assessed
CIT Vs Nikunja Behari das ( Cal ) 244 ITR 244
Investment by firm shown in Balance Sheet of assessee – subsequent claim that amount belonged to partners – Not relevant – Interest on investment assessable as income of firm .
G. Ramchand Vs CIT (Mad) 185 ITR 140
Liquor business – Person paying license fee and taking contract for sale of liquor – Assessment on such person on profits from liquor business justified.
Rampal Thakurdin Gupta Vs CIT (MP) 234 ITR 304
CIT Vs Oswal Enterprises (P) Ltd. (Del) 234 ITR 483
Agency in the name of assessee – Agreement to transfer income to firm – Firm not having  license to carry on  insurance  business – insurance commission income of assessee
CIT Vs L. Alagappan (Mad) 254 ITR 77

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