APOLLO TYRES LIMITED Vs. COMMISSIONER OF INCOME TAX KOCHI
LAWS(SC)-2002-5-40
SUPREME COURT OF INDIA (FROM: KERALA)
Decided on May 02,2002

APOLLO TYRES,COMMISSIONER OF INCOME TAX,ERNAKULAM Appellant
VERSUS
COMMISSIONER OF INCOME TAX,KOCHI,APOLLO TYRES LIMITED Respondents


Cited Judgements :-

COMMISSIONER OF INCOME TAX VS. JINDAL POLYESTER AND STEEL LTD. [LAWS(ALL)-2014-4-221] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. HINDUSTAN PIPE UDYOG LTD [LAWS(ALL)-2012-8-211] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. ORCHARD MICROSYSTEMS LTD [LAWS(MAD)-2009-4-450] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. BEARDSELL LTD [LAWS(MAD)-2009-4-111] [REFERRED TO]
COMMISSIONER OF INCOMETAX VS. HARRISONS MALAYALAM LTD [LAWS(KER)-2012-7-369] [REFERRED TO]
Britannia Industries LTD VS. Joint Commissioner of Income Tax [LAWS(CAL)-2004-9-31] [REFERRED TO]
DEPUTY COMMISSIONER OF INCOME TAX VS. GUJARAT FILAMENTS LTD. [LAWS(GJH)-2014-9-202] [REFERRED TO]
COMMISSIONER OF INCOME TAX BANGALORE VS. BRINDAVAN BEVERAGES LTD [LAWS(KAR)-2009-9-17] [REFERRED TO]
PRINCIPAL COMMISSIONER OF INCOME TAX VS. KANSARA POPATLAL TRIBHUVAN METAL PVT. LTD. [LAWS(GJH)-2023-8-427] [REFERRED TO]
COMMISSIONER OF WEALTH TAX VS. K.R. USHASREE [LAWS(KER)-2009-7-140] [REFERRED TO]
PROTOS ENGINEERING CO. P. LTD VS. DEPUTY COMMISSIONER OF INCOME-TAX [LAWS(BOM)-2005-10-239] [REFERRED TO]
CIT VS. DENSO HARYANA (P) LTD [LAWS(DLH)-2010-5-417] [REFERRED]
COMMISSIONER OF INCOME TAX VS. E.I. DUPONT INDIA LTD. [LAWS(DLH)-2008-1-189] [REFERRED TO]
UNION OF INDIA VS. KILPEST P LTD [LAWS(DLH)-2008-1-247] [REFERRED]
COMMISSIONER OF INCOME TAX VS. BISLERI SALES LTD. [LAWS(BOM)-2015-6-291] [REFERRED TO]
VADILAL CHEMICALS LTD VS. STATE OF A P [LAWS(SC)-2005-8-75] [REFERRED TO]
COMMISSIONER OF CUSTOMS VS. LUNA INFRAPROP PVT. LTD. [LAWS(CE)-2015-5-3] [REFERRED TO]
COMMISSIONER OF INCOME-TAX VS. PARLE BISCUITS LTD [LAWS(BOM)-2004-8-185] [REFERRED TO]
AMICHAND INVESTMENT PVT LTD VS. DY CIT ASSTT S R [LAWS(GJH)-2008-4-159] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. CITI TILES LTD [LAWS(GJH)-2014-4-105] [REFERRED TO]
SUPER CASSETTES INDUSTRIES LTD VS. DY.COMMISSIONER OF INCOME TAX [LAWS(DLH)-2012-11-262] [REFERRED TO]
HIND SYNTEX LTD VS. COMMISSIONER OF INCOME TAX [LAWS(MPH)-2009-11-97] [REFERRED TO]
PORRITS AND SPENCER (ASIA) LTD. VS. COMMISSIONER OF INCOME-TAX [LAWS(P&H)-2010-3-165] [REFERRED TO]
Commissioner of Income Tax and another VS. Mysore Paper Mills Ltd. [LAWS(KAR)-2008-1-68] [REFERRED TO]
SWASTIC SAFE DEPOSIT AND INVESTMENTS LTD VS. ASSISTANT COMMISSIONER OF INCOME TAX 8(3)(1) [LAWS(BOM)-2019-6-112] [REFERRED TO]
RALLIS INDIA LTD VS. DEPUTY COMMISSIONER OF INCOME TAX [LAWS(BOM)-2017-12-255] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. MAGNA ELECTRO CASTINGS LTD [LAWS(MAD)-2009-4-300] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. K G DENIM LTD [LAWS(MAD)-2009-4-580] [REFERRED TO]
J Thomas and Co P LTD VS. Commissioner of Income Tax [LAWS(CAL)-2005-1-16] [REFERRED TO]
PREETI SAINI VS. STATE [LAWS(RAJ)-2013-8-93] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. SONA WOOLLEN MILLS P LIMITED [LAWS(P&H)-2006-10-473] [REFERRED TO]
COMMISSIONER OF INCOME TAX HALDWANI VS. KUMAON GASES LTD [LAWS(UTN)-2010-10-51] [REFERRED TO]
Commissioner of Income Taxa VS. Ambur Co operative Sugar Mills Ltd [LAWS(MAD)-2004-11-69] [REFERRED TO]
COMMISSIONER OF INCOME TAX III VS. METAL & CHROMIUM PLATER(P) LTD [LAWS(MAD)-2016-11-291] [REFERRED TO]
MALAYALA MANORAMA CO LTD VS. COMMISSIONER OF INCOME TAX TRIVANDRUM [LAWS(SC)-2008-4-82] [REFERRED TO]
ICI INDIA LIMITED VS. COMMISSIONER OF INCOME TAX [LAWS(CAL)-2011-9-98] [REFERRED TO]
COMMISSIONER OF INCOME-TAX VS. AMRIT BANASPATI CO. LTD [LAWS(ALL)-2009-7-379] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. JUMBO BAG LTD [LAWS(MAD)-2009-4-303] [REFERRED]
COMMISSIONER OF INCOME TAX VS. MEENAKSHI INDIA LTD [LAWS(MAD)-2009-4-449] [REFERRED TO]
YOKOGAWA INDIA LTD VS. DEPUTY COMMISSIONER OF INCOME TAX [LAWS(KAR)-2020-6-120] [REFERRED TO]
YOKOGAWA INDIA LTD VS. DEPUTY COMMISSIONER OF INCOME TAX [LAWS(KAR)-2020-6-120] [REFERRED TO]
PARRY AGRO INDUSTRIES LTD VS. COMMISSIONER OF INCOME TAX [LAWS(KER)-2006-7-86] [REFERRED TO]
PARRY AGRO INDUSTRIES LTD VS. COMMISSIONER OF INCOME TAX [LAWS(KER)-2005-10-21] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. AKSHAY TEXTILES TRADING AND AGENCIES (P) LTD [LAWS(BOM)-2007-10-212] [REFERRED TO]
COMMISSIONER OF INCOME TAX, KOTA VS. ALLEN CAREER INSTITUTE [LAWS(RAJ)-2017-9-154] [REFERRED TO]
CIT VS. RANBAXY LABORATORIES LTD. [LAWS(DLH)-2013-9-606] [REFERRED TO]
PEPSI FOODS LIMITED VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-1-942] [REFERRED]
GILT PACK LTD. VS. COMMISSIONER OF INCOME TAX [LAWS(MPH)-2007-2-120] [REFERRED TO]
CIT VS. BINANI CEMENT LTD. [LAWS(CAL)-2016-3-9] [REFERRED TO]
Assam Brook LTD VS. Commissioner of Income tax [LAWS(CAL)-2004-1-25] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. PERIAKARAMALAI TEA & PRODUCE CO. LTD. [LAWS(KER)-2010-9-347] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. HCL COMNET SYSTEMS AND SERVICES LTD [LAWS(SC)-2008-9-107] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. NEPC INDIA LIMITED [LAWS(MAD)-2012-7-225] [REFERRED TO]
I T C LIMITED VS. COMMISSIONER OF CENTRAL EXCISE NEW DELHI [LAWS(SC)-2004-9-73] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. SHYAM TEX INTERNATIONAL LTD [LAWS(DLH)-2010-8-97] [REFERRED TO]
GITA FORGING (P) LTD. VS. COMMISSIONER OF INCOME TAX, PATIALA [LAWS(P&H)-2020-2-97] [REFERRED TO]
COMMISSIONER OF INCOME TAX I CHENNAI VS. VIJAYASHREE FINANCE AND INVESTMENT CO PVT LTD [LAWS(MAD)-2007-12-144] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. GOETZE (INDIA) LIMITED [LAWS(DLH)-2013-12-99] [REFERRED TO]
PEICO ELECTRONICS AND ELECTRICALS LIMITED VS. COMMISSIONER OF INCOME TAX [LAWS(CAL)-2011-8-101] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. BHARI INFORMATION TECHNOLOGY SYSTEMS PRIVATE LIMITED [LAWS(MAD)-2009-4-448] [REFERRED TO]
COMMISSIONER OF WEALTH TAX VS. A A SALAM [LAWS(KER)-2009-7-132] [REFERRED TO]
THE PR. COMMISSIONER OF INCOME TAX-I VS. M/S J.K. SYNTHETICS LTD. [LAWS(ALL)-2016-4-462] [REFERRED TO]
DY. C.I.T VS. GUJARAT FILAMENTS LTD. [LAWS(GJH)-2014-11-59] [REFERRED TO]
COMMISSIONER OF INCOME TAX - II VS. M/S MBL & CO. LTD [LAWS(DLH)-2013-5-200] [REFERRED TO]
SERAJUDDIN & BROTHERS VS. COMMISSIONER OF INCOME TAX [LAWS(CAL)-2012-5-129] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. FUTURA POLYMERS LTD [LAWS(MAD)-2009-4-377] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. FUTURA POLYESTER LIMITED [LAWS(MAD)-2009-4-429] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. M/S J.K. SYNTHETICS LTD. KAMLA TOWER, KANPUR [LAWS(ALL)-2015-10-215] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. AMBIKA COTTON MILLS LTD. [LAWS(MAD)-2009-12-668] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. ARKAY LEDER FASHILS PVT LTD [LAWS(MAD)-2009-4-236] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. KOVAI MARUTHI PAPER AND BOARD P LTD [LAWS(MAD)-2007-8-395] [REFERRED TO]
COMMISSIONER OF INCOME-TAX VS. RAJANIKANT SCHNELDER AND ASSOCIATES P. LTD [LAWS(MAD)-2007-9-435] [REFERRED TO]
KUMUDAM PRINTERS P LTD VS. COMMISSIONER OF INCOME TAX [LAWS(MAD)-2011-3-755] [REFERRED TO]
Commissioner of Income Tax and The Deputy Commissioner of Income Tax VS. Monarch Citadel Pvt. Ltd. [LAWS(KAR)-2010-1-114] [REFERRED TO]
COMMISSINER OF INCOME TAX, COCHIN VS. TBI EDUCATION TRUST ENANALLOOR [LAWS(KER)-2018-7-581] [REFERRED TO]
ASSTT. COMMISSIONER OF INCOME TAX VS. INLAY MARKETING PVT. LTD. [LAWS(IT)-2014-11-3] [REFERRED TO]
STEWAR HOLL (INDIA) LTD. VS. COMMISSIONER OF INCOME TAX [LAWS(CAL)-2012-1-698] [REFERRED TO]
KINETIC MOTOR CO LTD VS. DY COMMISSIONER OF INCOME TAX [LAWS(BOM)-2003-1-47] [REFERRED TO]
COCHIN CADALAS P LTD VS. COMMISSIONER OF INCOME TAX [LAWS(KER)-2002-6-41] [REFERRED TO]
EDY CIT VS. AHMEDABAD STEEL CRAFT AND ROLLING MILLS LTD [LAWS(GJH)-2009-2-196] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. SWAMIJI MILLS LTD [LAWS(MAD)-2011-8-413] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. HEWLETT PACKARD INDIA P LTD [LAWS(DLH)-2008-3-172] [REFERRED TO]
COMMISSIONER OF INCOME TAX DELHI VS. C J INTERNATIONAL HOTELS LTD [LAWS(DLH)-2008-9-62] [REFERRED TO]
RALLIS INDIA LIMITED A COMPANY INCORPORATED VS. ASSISTANT COMMISSIONER OF INCOME TAX [LAWS(BOM)-2010-3-283] [REFERRED TO]
M/S. CHETTINAD CEMENT CORPN., LTD. VS. DEPUTY COMMISSIONER OF INCOME TAX [LAWS(MAD)-2018-11-30] [REFERRED TO]
L R N FINANCE LIMITED VS. ASSISTANT COMMISSIONER OF INCOME-TAX [LAWS(MAD)-2018-4-158] [REFERRED TO]
RALSON (INDIA) LTD. VS. DY. COMMISSIONER OF INCOME TAX [LAWS(DLH)-2014-1-388] [REFERRED TO]
COMMISSIONER OF INCOME-TAX FARIDABAD VS. NHPC LTD [LAWS(P&H)-2018-2-390] [REFERRED TO]
RAJASTHAN SPINNING AND WEAVING VS. DEPUTY COMMISSIONER OF INCOME TAX [LAWS(RAJ)-2005-7-78] [REFERRED TO]
JINDAL ALUMINIUM LTD. VS. DEPUTY COMMISSIONER OF INCOME TAX (ASSESSMENT) [LAWS(KAR)-2014-6-224] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. AYYANAR SPINNING AND WEAVING MILLS LTD [LAWS(MAD)-2014-8-364] [REFERRED]
SRI HARIRAM HOTELS (P.) LTD. VS. COMMISSIONER OF INCOME TAX-(III), BANGALORE [LAWS(KAR)-2015-12-202] [REFERRED TO]
B AND B INFRATECH LTD. VS. INCOME-TAX OFFICER [LAWS(KAR)-2016-11-131] [REFERRED TO]
CAIRN INDIA LIMITED VS. DEPUTY COMMISSIONER OF INCOME TAX AND ORS. [LAWS(P&H)-2016-1-185] [REFERRED TO]
STATE OF KERALA VS. P S JOSEPH [LAWS(KER)-2005-8-62] [REFERRED TO]
COMMISSIONER OF INCOMETAX VS. PARRY AGRO INDUSTRIES LTD [LAWS(KER)-2006-7-10] [REFERRED TO]
PARLE PRODUCTS LIMITED VS. DEPUTY COMMISSIONER OF INCOME TAX SPECIAL RANGE [LAWS(BOM)-2008-7-229] [REFERRED TO]
ICDS LIMITED VS. DEPUTY COMMISSIONER OF INCOME-TAX [LAWS(KAR)-2021-8-14] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. AL-KABEER EXPORTS LTD. [LAWS(BOM)-2010-7-267] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. DENSO HARYANA (P) LTD. [LAWS(DLH)-2010-5-173] [REFERRED TO]
ALANKAR BUSINESS CORPORATION LTD. VS. INCOME TAX OFFICER COMPANY WARD – I (1) [LAWS(MAD)-2019-4-439] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. JAJODIA ENGINEERING P. LTD. [LAWS(GAU)-2016-3-40] [REFERRED TO]
COROMANDEL STAMPINGS & STONES LTD. VS. ASSISTANT COMMISSIONER OF INCOME TAX [LAWS(IT)-2014-7-5] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. TIDEL PARK LTD. [LAWS(MAD)-2009-7-788] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. INTERNATIONAL AUTO LTD [LAWS(JHAR)-2012-9-147] [REFERRED TO]
BINANI INDUSTRIES LIMITED VS. DEPUTY COMMISSIONER OF INCOME TAX OFFICER [LAWS(CAL)-2018-9-86] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. RAMPUR DISTILLERY AND CHEMICAL CO. LTD [LAWS(ALL)-2012-11-146] [REFERRED TO]
NIKO RESOURCES LIMITED VS. UNION OF INDIA AND ORS. [LAWS(GJH)-2015-3-186] [REFERRED TO]
MADHYA GUJARAT VIJ COMPANY LTD VS. ASST COMMISSIONER OF INCOME TAX [LAWS(GJH)-2018-3-45] [REFERRED TO]
Brindavan Beverages Limited, rep. by its Managing Director, S.N. Ladhani VS. The Deputy Commissioner of Income Tax [LAWS(KAR)-2009-9-61] [REFERRED TO]


JUDGEMENT

Santosh Hegde, J. - (1.)These appeals arise out of a common judgment delivered by a Division Bench of the Kerala High Court in ITR Nos. 70/1994 and 43/1997.
(2.)Civil Appeal No. 6100/1998 is preferred by the assessee company and Civil Appeal Nos. 2518-19/1999 are preferred by C.I.T., Ernakulam.
(3.)Though a number of questions came up for consideration before the High Court, in these appeals based on the arguments addressed before us, we are mainly concerned with the following three questions:
(i)Can an Assessing Officer while assessing a company for income tax under Section 115-J of the Income Tax Act question the correctness of the profit and loss account prepared by the assessee company and certified by the statutory auditors of the company as having been prepared in accordance with the requirements of Parts II and III of Schedule VI to the Companies Act (ii) Whether the dividend income earned by the assessee company from its investment made in the units of Unit Trust of India, can be included in computing the profit of the eligible business under Section 32AB of the Income Tax Act

(iii) Whether the business of buying and selling of units of Unit Trust of India by the assessee company amounts to a speculation business or not, for the purpose of allowing set off as to the loss suffered by the company in such a business



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