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2015 (3) TMI 279 - BOMBAY HIGH COURT

2015 (3) TMI 279 - BOMBAY HIGH COURT - [2015] 372 ITR 429 (Bom) - Taxability of income earned by the joint venture company - ITAT held the entire income of JVC in the hand of one of the members of the assessee company - Held that:- If the TDS claim was not erroneous, the income could have been shown in the account of joint venture/ assessee. If leave to withdraw was being sought with some ulterior motive, the income would have been reflected in the account of joint venture/ assessee. The conside .....

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ing of receipt of any income by joint venture assessee on account of said contract.

The finding of fact, therefore, reached by the Commissioner of Income Tax (Appeals)I, Nagpur [CIT(A)] and sustained by ITAT, cannot be said to be perverse. No substantial questions of law arising out of impugned order - Decided against assessee. - I T A No.44 of 2013 - Dated:- 2-3-2015 - B.P. Dharmadhikari And A.P. Bhangale, JJ. For the Appellant : Shri Anand Parchure, Advocate. For the Respondent : Sh .....

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ating the fact that the contract was awarded to the assessee company and not to the individual member of the assessee company? [2] Whether on the facts of the case and in law, the Hon ble ITAT was correct in not applying the principle laid down by the Supreme Court in the case of C.H. Achhaiya 218 ITR 239 and Madras High Court in the case of Murugesa Naicker Mansion reported in 244 ITR 461 wherein it was held that, Assessing Officer is not precluded from taxing the right person merely on the gro .....

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epted by the Assessing Officer in the assessment made under Section 153A read with Section 143 (3) of the Income Tax Act, 1961. It found that, therefore, some income could not have been taxed again in the hands of joint venture/assessee. 4] Efforts of Advocate Shri Anand Parchure is to demonstrate that the contract was entered by the joint venture, the joint venture has received the consideration and then parted with part of work in favour of one of its constituents namely SMS Infrastructure Lim .....

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