JINDAL STEEL & POWER LTD.,HARYANA vs. DCIT, HISAR

ITA 413/DEL/2010Status: DisposedITAT Delhi01 December 2021AY 2006-07104 pages
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What did the Tribunal hold?

The Tribunal held that the CIT(A) erred in not adjudicating the subsidy claim on merits, referencing the Supreme Court's clarification on the Tribunal's power to admit new claims. It also followed its earlier decisions on other grounds related to aircraft expenditure and commission payments.

What were the facts?

The assessee claimed exemption for sales tax, entry tax, and electricity duty as capital receipts, but the CIT(A) did not adjudicate on merits, citing a Supreme Court decision. The assessee also claimed deductions for aircraft expenditure and commission payments, which were partly disallowed or directed to be verified.

What were the issues?

Whether subsidies claimed as capital receipts should be adjudicated on merits by the Tribunal, and the allowability of expenses related to aircraft and commission payments.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 254,Section 37,Section 32(1)(i),Section 115JB,Section 80HHC,Section 80IA

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Cases cited in this judgment(30)Show list

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Income Tax Appellate Tribunal, [ DELHI BENCH “D”: NEW DELHI ]

Before: SHRI AMIT SHUKLA & DR. B.R.R. KUMAR

For Appellant: Shri Salil Kapoor, Advocate, Shri Sumit Lalchandani, Ms. Ananya Kapoor, Adv, Shri S. Najmi, [CIT] – D.R
Hearing: 02/09/2021Pronounced: 01/12/2021

Heard together (4 matters)

ITA. No. 167/Del/2009
ITA. No. 413/Del/2010
ITA. No. 220/Del/2009
ITA. No. 341/Del/2010

Read from the judgment's own cause title. This page is filed under one of them.

PER AMIT SHUKLA, J. M.: These eight cross appeals, four by the assessee and four by the Revenue are filed for assessment years 2003-04, 2006-07, 2007-08 and 2008-09. These were heard tog

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