CiteTEXT
..., [2003] 263 ITR 706 (SC). We may address ourselves to that issue. The judgment in McDowell and Co. (Supra) was of a Constitution Bench. The majority j...).9. In our opinion this would be the ratio of that judgment.10. In Azadi Bachao Andolan, [2003] 263 ITR 706 (SC) the..., [2003] 263 ITR-706 (SC). In our opinion, therefore, the ratio of McDowell...
...148 (SC), the above observations were sought to be disapproved but in Union of India v. Azadi Bachao Andolan, [2003] 263 ITR 706 (SC), it...planning is permissible even if it results in avoidance of tax as observed in Azad Bachao Andolan, [2003] 263 ITR 706 (SC). The legitimacy of claim for deduction has still to be made out on the.... CTO, [1985] 154 ITR 148 (SC) is applicable, as the appellant has adopted circuitous method, where it was observed...
...[2003] 184 CTR (SC) 450 : [2003] 263 ITR 706 (SC) , wherein, in an almost similar situation, it was stated (p. 741) 'in our view, the...[2003] 184 CTR (SC) 450 : [2003] 263 ITR 706 (SC) ; we remand the matter to the authorities concerned to find out the facts in the light of t...57 (Guj) : [2005] 274 ITR 125 (Guj) where this Court has laid down some conditions when this benefit of agreement to avoid double...
...contrary to the separate legal entity principle endorsed by the Hon'ble Supreme Court in Azadi Bachao Andolan 263 ITR 706 (SC) and Vodafone International Holdings 3441TR1(SC...by us in ITA 272/2013,
1 (2003) 263 ITR 706 (SC)
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...Union of India v. Azadi Bachao Andolan [2003] 263 ITR 706 (SC) wherein the question of there being a sham transaction was discussed in...should be ignored. The assessee is free to enter into a transaction which is genuine and it cannot be done away with. This is also stated in the above case of Azadi Bachao Andolan [2003] 263 ITR 706 (SC) wherein...Union of India v. Azadi Bachao Andolan [2003] 263 ITR 706 (SC) held that the transaction of sale of shares in the present case cannot be considered as...
...Union of India v. Azadi Bachao Andolan [2003] 263 ITR 706 (SC) wherein the question of there being a sham transaction was discussed in...should be ignored. The assessee is free to enter into a transaction which is genuine and it cannot be done away with. This is also stated in the above case of Azadi Bachao Andolan [2003] 263 ITR 706 (SC) wherein...Union of India v. Azadi Bachao Andolan [2003] 263 ITR 706 (SC) held that the transaction of sale of shares in the present case cannot be considered as...
.... Commissioner Of Income Tax, W.B, [1999] 237 ITR 889, Union of India v. Azadi Bachao Andolan, [2003] 263 ITR 706 (SC) and the decision o...matter of Commissioner Of Income Tax v. Malayala Manorama Co. Ltd., [1983] 143 ITR 29 it is argued that the Board's circulars though...Kerala Financial Corporation v. Commissioner Of Income Tax, [1994] 210 ITR 129 it is submitted that the circular of the Board, relied upon by the Tribunal, was...
...in the case Union of India v. Azadi Bachao Andolan, [2003] 263 ITR 706 (SC) dealing with this provision held as under (pages 722 and 724...under ([1989] 177 ITR (St.) 72, 99):“If after the signature of this Convention, under any Convention or Agreement between India and third State which is a member of the...Melle Holding B.V, In re, [2012] 342 ITR 200 (AAR) where it was held as under (page 212):“The expression ‘make available’ only means that the recipient of the service...
...India v. Azadi Bachao Andolan, [2003] 263 ITR 706. Reliance is placed on Bolani Ores Ltd. v. State Of Orissa , (...would not arise. Without going into that issue, considering the ratio in Azadi Bachao Andolan, [2003] 263 ITR 706 (SC) such income would...Bachao Andolan, [2003] 263 ITR 706. Dealing with that issue the court observed as under (page 724):“A survey of the aforesaid cases makes it clear that the judicial consensus in India...
..., (2003) 263 ITR 706 (SC), even if the tax rate for the activity which would form part of the expression 'fees for technical services' is higher, n... Others v. UOI, MANU/SC/1219/2003 : (2003) 263 ITR 706 (SC) has upheld the proposition that the provi...: (2009) 312 ITR 225 (SC) observed that the provisions of tax withholding i.e. section 195 of the Act would apply only to sums which...
...reference to other case law, the court in Azadi Bachao Andolan, [2003] 263 ITR 706 (SC) held (page 758):“With respect, therefore, we are unable to agree with the view that...:Union of India v. Azadi Bachao Andolan, [2003] 263 ITR 706—wherein the Supreme Court thought it necessary to consider the earlier judgment of the Supreme Court in...., [1968] 67 ITR 11 (SC) are very much relevant even today.”14. Further the court has agreed with the view of the Madras High Court in...
...in [2003] 263 ITR 706 (SC) and the decision of this court in the case of Banyan and Berry v. CIT, [1996] 222 ITR 831 (Guj), it was...become a colourable device and consequently earn any disqualification. The hon'ble Supreme Court in the concluding paras of its judgment in Azadi Bachao Andolan, [2003] 263 ITR 706 (SC) has rejected the.... Relying on and referring to the decision in the case of McDowell and Co. Ltd. v. CTO reported in [1985] 154 ITR 148 (SC...
...(2003) 263 ITR 706 (SC), and CIT versus Ely Lily and company (2009) 312 ITR 225 (...) 263 ITR 706 (SC) has upheld the proposition that the provisions made in the DTAAs will prevail over the general provisions contained in the Act to the extent they are beneficial to the assessee...charging provision. In-fact, in the context of section 195 of the Act also, the Hon'ble Supreme Court in the case of CIT vs. Eli Lily & Co., (2009) 312 ITR 225 (SC...
.../assessee our attention is drawn to the case of Union of India v. Azadi Bachao Andolan, [2003] 263 ITR 706 (SC) (at page 722), and it is argued that the provision of section...Ishikawajma-Harima Heavy Industries Ltd. v. Director Of Income Tax, Mumbai., [2007] 288 ITR 408 (SC) (at page 446), which was read out before us by lea...(see [1994] 209 ITR (St.) 130, 133):Article 5 : Permanent establishment“For the purposes of this Convention, the term ‘permanent establishment’ means a...
...Union of India v. Azadi Bachao Andolan reported in [2003] 263 ITR 706 (SC); (...AIR 1966 SC 269, a three-judge Bench of the honourable Supreme Court, speaking through Chief Justice Gajendragadkar, was considering the ambit of...(1969) 3 SCC 868 : AIR 1971 SC 862, which is a case under the...
...Union of India v. Azadi Bachao Andolan [2003] [263 ITR 706 (SC)] it has been held that a citizen is free to carry on its business within the four...the Apex Court in “CIT v. WALFORT SHARES AND STOCK BROKERS P. LTD.”, (2010) 326 ITR 1 [SC], wherein, the Apex Court, under the similar...McDowell & Co. Ltd. v. Commercial Tax Officer [[1985] 154 ITR 148 (SC)], it may be stated that in the later decision of this Court in...
...benefit of the assessee. He placed reliance on the decisions of the Apex Court in Union of India v. Azadi Bachao Andolan (2003) 263 ITR 706 (SC...:
Provided that the Central Government shall cause every order issued under this clause to be laid before each House of Parliament."
In Azadi Bachao Andolan (2003) 263 ITR 706 (...(2003) 263 ITR 706 (SC), is the only restriction on the powers of the Board under section 119 of the Act.
9. The power of the Board under section 19(2)(b) to...
...Union of India v. Azadi Bachao Andolan [2003] 263 ITR 706 (SC); CIT v. P.V.A.L Kulandagan...hon'ble Supreme Court in Union of India v. Azadi Bachao Andolan [2003] 263 ITR 706 (SC) has laid down that the provisions of the DTAA...India Technology Centre P. Ltd. v. CIT [2010] 327 ITR 456 (SC)) and connected matters, by setting aside the judgment passed by the Division Bench of this court dated September 24, 2009...
...[1988] 170 ITR 238 (Mad), Union of India v. Azadi Bachao Andolan reported in [2003] 263 ITR .... v. CTO reported in [1985] 154 ITR 148 (SC), M.V Valliappan v. LTO reported in...reported in [1971] 82 ITR 591 (SC) and CIT v. Carbo Industrial Holdings Ltd. reported in [2000] 244 ITR 422 (Cal) relied upon by learned...
.... This majority decision was approved in the subsequent decision in the case of Union of India v. Azadi Bachao Andolan, [2003] 263 ITR 706 (SC).8. Based on the above..., [1998] 231 ITR 53 (SC) as also not properly appreciated the decision of the apex court rendered in the case of...ITR 53. The Tribunal has erro-neously held that the word “record” used in section 263(1) of the Act would not mean the record as it stands at the time of examination by the Commissioner but it means...