KILLICK NIXON LIMITED MUMBAI Vs. DEPUTY COMMISSIONER OF INCOME TAX MUMBAI
LAWS(SC)-2002-11-49
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on
November 25,2002
KILLIEK NIXON LIMITED,MUMBAI
Appellant
VERSUS
DEPUTY COMMISSIONER OF INCOME TAX,MUMBAI
Respondents
Cited Judgements :-
JANKI DAS LACHCHMI NARAIN VS. COMMISSIONER OF INCOME TAX [LAWS(ALL)-2004-11-10] [REFERRED TO]COMMISSIONER OF INCOME TAX VS. ELECTRONIC RESEARCH LTD [LAWS(KAR)-2003-4-32] [REFERRED TO]
BHAGWAT PRASAD PODDAR VS. COMMISSIONER OF INCOME TAX [LAWS(ALL)-2003-4-217] [REFERRED TO]
BHAWARALAL VS. ASSISTANT COMMISSIONER OF INCOM TAX [LAWS(KAR)-2008-4-32] [REFERRED TO]
A RAMAMURTHY VS. INCOME TAX OFFICER [LAWS(MAD)-2008-2-231] [REFERRED TO]
SIRAJ SIDDIQUE VS. INCOME TAX OFFICER [LAWS(MPH)-2012-9-119] [REFERRED TO]
ASHOK LEYLAND LIMITED VS. STATE OF TAMIL NADU [LAWS(SC)-2004-1-1] [REFERRED TO]
UNION OF INDIA VS. NITDIP TEXTILE PROCESSORS PVT LTD [LAWS(SC)-2011-11-1] [REFERRED TO]
S. JAGATRAKSHAGAN VS. DEPUTY COMMISSIONER OF INCOME TAX [LAWS(MAD)-2012-4-203] [REFERRED TO]
DESOUZA MOTORS, VS. INCOME-TAX SETTLEMENT COMMISSION [LAWS(BOM)-2005-8-234] [REFERRED TO]
SIDDHARTHA TUBES LTD VS. CIT [LAWS(MPH)-2006-4-148] [REFERRED TO]
COMMISSIONER OF INCOME-TAX VS. MCDERMOTT INTERNATIONAL INC [LAWS(UTN)-2008-5-11] [REFERRED TO]
DIRECTOR GENERAL OF CENTRAL EXCISE INTELLIGENCE VS. MURARILAL HARISHCHANDRA JAISWAL PVT. LTD. AND ORS. [LAWS(DLH)-2010-9-404] [REFERRED TO]
R. RAJAGOPAL VS. S. RAMAYAMMA AND ORS. [LAWS(MAD)-2015-11-52] [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. SPR GROUP HOLDINGS (P.)LTD. [LAWS(KAR)-2013-3-130] [REFERRED TO]
S JAGATRAKSHAGAN VS. DEPUTY COMMISSIONER OF INCOME TAX [LAWS(MAD)-2012-4-326] [REFERRED]
SARANSH SHARMA VS. STATE OF U.P. AND 2 OTHERS [LAWS(ALL)-2017-3-103] [REFERRED TO]
DABUR INDIA LTD VS. COMMISSIONER OF TRADE TAX, U P , LUCKNOW [LAWS(ALL)-2018-4-143] [REFERRED TO]
SARANSH SHARMA VS. STATE OF U P AND 2 OTHERS [LAWS(ALL)-2017-4-475] [REFERRED TO]
JUDGEMENT
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(1.)This appeal by special leave is directed against the judgment of the High Court of Bombay dated 4-12-2000 dismissing the Writ Petition under Article 226 of the Constitution by which the appellant challenged the notice issued under Section 142(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act').
(2.)The brief facts necessary to decide this appeal are as under :
On 26th February, 1993 the appellant filed its return for assessment year 1992-93 and followed it up with a revised return. The Assessing Officer made an order dated 27th March, 1995 under Section 143(3) of the Act disallowing certain claims and rejecting the contentions of the assessee. The appellant filed an appeal before the Commissioner of Income-tax (Appeals). The Appellate Authority by its order dated 25-9-1998 confirmed the order of the Assessing Officer in respect of the following items :
(a) Premium amount of Rs. 3,57,153.00
(b) Depreciation to the extent of Rs. 2,13,000.00
(c) Interest of Rs. 27,14,000.00
(Totaling Rs. 32,84,153.00)
(3.)With regard to four items/heads the Appellate Authority set aside the order of assessment and remitted the matter back to the Assessing Authority with the direction to recompute/reassess after giving an opportunity of hearing to the assessee. The four items/heads remitted to the Assessing Officer were :
"(a) Whether receipt of Rs. 27,93,977.00 represented income from house property or whether it represented business income.
(b) Claim for bad debt of Rs. 68,02,046.00.
(c) Determination of capital gains to the extent of Rs. 4,00,000.00
(d) Disallowance under Rule 6D to the extent of Rs. 31,963.00."
(2.)The brief facts necessary to decide this appeal are as under :
On 26th February, 1993 the appellant filed its return for assessment year 1992-93 and followed it up with a revised return. The Assessing Officer made an order dated 27th March, 1995 under Section 143(3) of the Act disallowing certain claims and rejecting the contentions of the assessee. The appellant filed an appeal before the Commissioner of Income-tax (Appeals). The Appellate Authority by its order dated 25-9-1998 confirmed the order of the Assessing Officer in respect of the following items :
(a) Premium amount of Rs. 3,57,153.00
(b) Depreciation to the extent of Rs. 2,13,000.00
(c) Interest of Rs. 27,14,000.00
(Totaling Rs. 32,84,153.00)
(3.)With regard to four items/heads the Appellate Authority set aside the order of assessment and remitted the matter back to the Assessing Authority with the direction to recompute/reassess after giving an opportunity of hearing to the assessee. The four items/heads remitted to the Assessing Officer were :
"(a) Whether receipt of Rs. 27,93,977.00 represented income from house property or whether it represented business income.
(b) Claim for bad debt of Rs. 68,02,046.00.
(c) Determination of capital gains to the extent of Rs. 4,00,000.00
(d) Disallowance under Rule 6D to the extent of Rs. 31,963.00."
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