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...assessee was in service with M/s Sandvik Asia Ltd. as an Industrial Officer. He expressed his desire to leave the service and sought waiver of six months notice period by accepting his resignation with...effect from 25.5.1979 allowing him to avail earned leave due to him from 2.3.1979 to 24.5.1979 It appears that the request of the assessee was accepted by his employer M/s Sandvik Asia Ltd. and on the.../s Sandvik Asia Ltd.; like M/s Widia & Drilleco. In order to prevent the assessee from accepting such offers, it appears that M/s Sandvik Asia Ltd. had offered additional amount of Rs. 96,000/...
...Sandvik Asia Ltd. v. CIT (2006) 2 SCC 508. Ed., a Bench of two learned Judges has referred the following question of law for our consideration ...Court has briefly noticed the facts and the discussion in Sandvik case (2006) 2 SCC 508. Ed. wherein, the main issue for consideration and determination by this Court was, whether the assessee is...short “the Act”) and in light of the same has doubted the correctness of the decision in Sandvik case (2006) 2 SCC 508. Ed..3. In order to answer the aforesaid issue...
...paid under section 234D. The ld. CIT(A), keeping in view the decision of the Tribunal in the case of Pudumjee Paper Mills Ltd. (supra) and the decision of the Hon'Ble Apex Court in the case of Sandvik...Asia Ltd. reported in 200 CTR 505 (SC), held that the assessee is entitled to interest on refund arising out of MAT credit. Aggrieved with the order of the ld. CIT(A), the Revenue is..., Pune Bench in the case of Pudumjee Paper Mills Ltd. v. ACIT reported in 118 TTJ 280, held that interest would be payable under section 244A on interest charged and...
...decision of the Hon'ble Supreme Court in the case of Sandvik Asia Ltd. v. CIT, (280 ITR 643) (SC), dismissed the Revenue's Appeal.3. Learned Senior...Standing Counsel for the Appellant/Revenue has submitted before us that the view of Hon'ble Supreme Court in Sandvik Asia Ltd., cited supra, has since been reversed by the Hon'ble Supreme Court in a...note of the said decision of Sandvik Asia Ltd., as well as the later amendment of law with effect from 01.04.1989 by insertion of Section 244A of the Act, the Hon'ble Supreme Court has clarified that...
...Tribunal, relying upon the earlier decision of the Hon'ble Supreme Court in the case of Sandvik Asia Ltd. v. CIT (280 ITR 643) (SC), dismissed the Revenue's Appeals....3. Learned Senior Standing Counsel for the Appellant/Revenue has submitted before us that the view of Hon'ble Supreme Court in Sandvik Asia Ltd., cited supra, has since been reversed...., (2013) 358 ITR 291 (SC), in which, taking note of the said decision of Sandvik Asia Ltd., as well as the later amendment of law with effect from 01.04.1989 by insertion of Section 244A of the Act, the...
...against the assessee by this court's judgment in CIT v. Sandvik Asia Ltd., [1983] 141 ITR 585. However, it is pointed out by Mr. Munim...
...case of Sandvik Asia Ltd. v. CIT, (2006) 280 ITR 643, but as per the later judgment rendered by the Hon'ble Apex Court in the case of...its judgment rendered in the case of Sandvik Asia Ltd. (supra). He has submitted a copy of this judgment of the Hon'ble Apex Court rendered in the case of...rendered by a Bench of Two Hon'ble Judges of the Hon'ble Apex Court in the case of Sandvik Asia Ltd. (supra), and this later judgment is rendered by a Larger Bench of the Hon'ble Apex Court and...
...impugned order. The findings of the Commissioner (Appeals) are as follows :(a) I have seen both the judgments. In the case of Sandvik Asia Ltd., the Hon’ble Supreme Court has ruled that...Court in the case of Sandvik Asia Ltd. v. Commissioner of Income Tax and Other - 2004 (IT2) - GJX-0020-BOM/1 [2004 (267) ITR-0078-BOM]. has ruled that for want of any...Sandvik Asia Ltd. case has been over-ruled by the Apex Court in the case of Sandvik Asia Ltd. v. Commissioner of Income Tax on Pune - (S.C.) = (S.C.)wherein interest on interest...
...impugned order. The findings of the Commissioner (Appeals) are as follows :(a) I have seen both the judgments. In the case of Sandvik Asia Ltd., the Hon’ble Supreme Court has ruled that...Court in the case of Sandvik Asia Ltd. v. Commissioner of Income Tax and Other - 2004 (IT2) - GJX-0020-BOM/1=2004 (267...out that Bombay High Court decision in the Sandvik Asia Ltd. case has been over-ruled by the Apex Court in the case of Sandvik Asia Ltd....
...the Commissioner (Appeals) are as follows: (a) I have seen both the judgments. In the case of Sandvik Asia Ltd., the Honble Supreme Court has ruled that interest on interest wrongfully withheld is...Sandvik Asia Ltd. Vs. Commissioner of Income Tax and Other 2004 (IT2) GJX-0020-BOM/1=2004 (267) ITR-0078-BOM. has ruled that for want of any...Sandvik Asia Ltd. case has been over-ruled by the Apex Court in the case of Sandvik Asia Ltd. Vs. Commissioner of Income Tax on Pune...
.... It is not in dispute that the assessee was in service with M/s Sandvik Asia Ltd. as an Industrial Officer. He expressed his desire to leave the service and sought waiver of six months notice period...25.5.1979 allowing him to avail earned leave due to him from 2.3.1979 to 24.5.1979. It appears that the request of the assessee was accepted by his employer M/s Sandvik Asia Ltd. and on the same day, i.e...competitors of M/s Sandvik Asia Ltd.; like M/s Widia & Drilleco. In order to prevent the assessee from accepting such offers, it appears that M/s Sandvik Asia Ltd. had offered additional amoun...
...the case of Sandvik Asia Ltd. v. C.I.T (280 ITR 643). The Ld. Commissioner of Income Tax (Appeals) found that the said decision ITA NOS. 3398-3399.DEL/2011 is distinguishable from the...:“10. We find that Hon'ble Apex Court in the case of Sandvik Asia Ltd. v. C.I.T 280 ITR 643 had held that “assessee was entitled to compensation by way of interest under...contends that the reliance placed upon Sandvik Asia Ltd. (supra) is erroneous. It is submitted on its behalf that Sandvik Asia Ltd. (supra) was delivered in respect of facts prior to the insertion...
...essentially relying on the decision of the Hon'ble Suprmee court in the case of Sandvik Asia Ltd. (280 ITR 643) and the Narendra Dos hi case (254 ITR 606). In Sandvik Asia case there was a...is in appeal here before the Tribunal.5. The ld counsel for the assessee referring to the decisions of the Hon'ble Supreme Court in the case of Sandvik Asia Ltd. reported in...period from Jan 2007 till the date of grant of refund in view of the ratio laid down by the Hon'ble Supreme Court in the case of Sandvik Asia Ltd. (supra).5.1 The ld DR, on the other hand...
.../s. Sandvik Asia Ltd., Pune, as taxable being royalty/FTS. The assessee has taken the following grounds:1.1 The Learned Deputy Director of Income-tax, (International.... 1,05,83,086/- from Sandwich Asia Ltd., and Rs. 1,88,802/- from Walter Tools India Pvt. Ltd. So far as the payment received from Sandvik Asia Ltd., and Walter Tools India Pvt. Ltd., the ..., as no technical services are made available to its group companies in India, the payment is exempt. The A.O. also referred to the agreement made between the assessee and the Sandvik Asia Ltd., date...
.... Hon'ble Madras High Court has relied upon the Hon'ble Supreme Court judgment in the case of Sandvik Asia Ltd. Vs CIT 280 ITR 643. Similar view has also been taken by...solitary ground of the Revenue is dismissed.
The decision of the Tribunal is based on the various decisions including the decision of the Apex Court in the case of Sandvik Asia Ltd. vs...concur with the views of the ld. CIT(A) that Hon'ble Karnataka High Court in the case of CIT vs. NGEF Ltd., 244 ITR 665 has held that tax paid by way of self...
...the case of Sandvik Asia Ltd. v. C.I.T (280 ITR 643). The Ld. Commissioner of Income Tax (Appeals) found that the said decision ITA NOS. 3398-3399.DEL/2011 is distinguishable from the...:“10. We find that Hon'ble Apex Court in the case of Sandvik Asia Ltd. v. C.I.T 280 ITR 643 had held that “assessee was entitled to compensation by way of interest under...contends that the reliance placed upon Sandvik Asia Ltd. (supra) is erroneous. It is submitted on its behalf that Sandvik Asia Ltd. (supra) was delivered in respect of facts prior to the insertion...
...under section 244A to the assessee as claimed by it. 2.2. It is submitted that in the decision of the Supreme Court in the case of M/s. Sandvik Asia Ltd Vs CIT (280 ITR...M/s. Sandvik Asia Ltd. vs. CIT 280 ITR 643 (SC). In as much as in that case the Apex Court has a matter of compensation on account of inordinate...Hon'ble ITAT has decided the issue in favour of the appellant. While deciding the issue, the Hon'ble ITAT has relied on the decision of the Hon'ble Supreme Court in the case of Sandvik Asia Ltd v. CIT...
...Sandvik Asia Ltd. v. CIT (2006) 280 ITR 643(SC). After considering the facts of the case and the submissions of the assessee, the CIT(Appeals) relying on the...decision of Hon'ble Supreme Court in the case of Sandvik Asia Ltd. (supra) directed the A.O. to allow interest under section 244A of the Act on any amount of refund including the interest due to the.... insisted on the non-applicability of the decision of Hon'ble Supreme Court in the case of Sandvik Asia Ltd. (supra) relied on by the learned counsel for the assessee as well as ld. CIT(Appeals). He...
...Sandvik Asia Ltd. v. CIT (2006) 280 ITR 643(SC). After considering the facts of the case and the submissions of the assessee, the CIT(Appeals) relying on the...decision of Hon'ble Supreme Court in the case of Sandvik Asia Ltd. (supra) directed the A.O. to allow interest under section 244A of the Act on any amount of refund including the interest due to the.... insisted on the non-applicability of the decision of Hon'ble Supreme Court in the case of Sandvik Asia Ltd. (supra) relied on by the learned counsel for the assessee as well as ld. CIT(Appeals). He...
.... Reliance has been placed on the judgment of Hon'ble Supreme Court in case of Sandvik Asia Ltd. v. CIT (280 ITR 643). The learned DR placed reliance on the orders of...view of the Judgment of Hon'ble Supreme Court in case of Sandvik Asia Ltd. v. CIT (Supra). We, therefore, direct the AO to allow the assessee interest on interest if due as per law in...the light of Judgment of Hon'ble Supreme Court in case of Sandvik Asia Ltd. (Supra).7. In the result appeal of the assessee is allowed....