COMMISIONER OF INCOME TAX vs. O.N.G.C.
What did the High Court hold?
The High Court held that the learned Income Tax Appellate Tribunal was justified in directing the application of single-stage grossing up of tax perquisites paid by ONGC on behalf of the assessee, instead of the multi-stage grossing up applied by the Assessing Officer under Section 195A of the Income Tax Act, 1961. The Court's decision was based on its prior judgment dated September 30, 2003, in Income Tax Appeal No. 470 of 2001 (The Commissioner of Income Tax, Meerut & another Vs O.N.G.C., Dehradun). The ratio decidendi is that single-stage grossing up is the correct method in this context, as affirmed by the Tribunal and upheld by the High Court. The appeal was disposed of in favour of the assessee.
What were the facts?
The assessee is O.N.G.C., Dehradun, representing Mr. Jaden Victor. The assessment year is 1990-91. The appeal is filed by the Commissioner of Income Tax, Meerut, against an order of the Income Tax Appellate Tribunal (ITAT). The dispute concerns the method of grossing up of tax perquisites paid by ONGC on behalf of the assessee. The Assessing Officer applied multi-stage grossing up, while the ITAT directed single-stage grossing up under Section 195A of the Income Tax Act, 1961. This High Court judgment is a decision on the Commissioner's appeal against the ITAT's order.
What were the issues?
1. Whether, in the facts and circumstances of the case, the learned Income Tax Appellate Tribunal was justified in directing to apply single-stage grossing up of the tax perquisites paid by ONGC on behalf of the assessee instead of multi-stage grossing up, applied by the Assessing Officer under section 195-A of the Income Tax Act, 1961? Assessee's Contention: The judgment does not record any specific contentions made by the assessee before the High Court. However, the High Court's decision in favour of the assessee implies acceptance of the ITAT's direction for single-stage grossing up. Revenue's Contention: The revenue, represented by the Commissioner of Income Tax, argued that the Assessing Officer was justified in applying multi-stage grossing up. The judgment does not explicitly detail the revenue's arguments or the authorities/precedents they relied upon, other than the fact that they are challenging the ITAT's order.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Assessment Year 1990-91
IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL
I.T.A No. 355 of 2001 Old No. 12/2000
The Commissioner of Income Tax, Meerut
……… Applicant
Versus
O.N.G.C., Dehradun As representative of Mr. Jaden Victor
………. Respondent
Mr. S.K. Posti, learned Advocate for Income Tax Department. Mr. J.P. Joshi, Advocate for respondent.
Hon. P.C. Verma, A.C.J. Hon. Rajesh Tandon, J.
The matter is squarely covered by our decision dated 30th September, 2003 in Income Tax Appeal No. 470 of 2001; The Commissioner of Income Tax, Meerut & another Vs O.N.G.C., Dehradun.
The question raised before us is as follows: “Whether in the facts and circumstances of the case the learned Income Tax Appellate Tribunal was justified in directing to apply single stage grossing up of the Tax perquisites paid by ONGC on behalf of the assessee instead of multi stage grossing up, applied by the Assessing Officer under section 195-A of the Income Tax Act, 1961?”
For the reasons recorded in the above judgment in Income Tax Appeal No. 470 of 2001 dated 30th September, 2003, we answer this question in the affirmative i.e. in favour of the assessee and against the Department.
Appeal is disposed of accordingly. No order as to costs.
(Rajesh Tandon, J.) (P.C. Verma, A.C.J.)
Dt. 29.05.2004
More judgments on Section 195A
- M/S. Indian Oil Corporation Ltd, Mumbai vs The DDIT (It) - 3(1), MumbaiITA 989/MUM/2008[2006-07]Status: Disposed19 Dec 2023AY 2006-07
- M/S. Indian Oil Corporation Ltd, Mumbai vs The DDIT (It) - 3(1), MumbaiITA 988/MUM/2008[2005-06]Status: Disposed19 Dec 2023AY 2005-06
- M/S. Indian Oil Corporation Ltd, Mumbai vs The DDIT (It) - 3(1), MumbaiITA 987/MUM/2008[]Status: Disposed19 Dec 2023
- Atomstroyexport, Mumbai vs DCIT (It)Circle -1(1)(2), MumbaiITA 575/MUM/2023[2020-2021]Status: Disposed12 Dec 2023AY 2020-2021
- Permali Wallace Pvt. Ltd, Bhopal vs ITO (It & Tp), BhopalITA 552/IND/2018[2016-17]Status: Disposed9 Nov 2023AY 2016-17
Recent GST High Court judgments
Search GST case law →- M/S. Sri Sai Poornima Microns vs. The Deputy Assistant Commissioner(St)Andhra Pradesh · 2 Nov 2026
- Pollisetti Venkata Ramakrishna vs. The State Of Andhra PradeshAndhra Pradesh · 2 Nov 2026
- M/S Ayyappa Enterprises vs. Assistant Commissioner Of State TaxAndhra Pradesh · 2 Nov 2026
- Commissioner Of Customs(Airport And General), New Delhi vs. M/S Mauli Worldwide LogisticsDelhi · 2 Nov 2026
- Padu Paraja vs. The Comnr. Of CT. And GST, OdishaOrissa · 2 Nov 2026