DALMIA CEMENT (BHARAT) LTD.,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 26, NEW DELHI

ITA 5416/DEL/2017Status: DisposedITAT Delhi31 December 2025AY 2013-14Bench: MS. MADHUMITA ROY (Judicial Member), SHRI AMITABH SHUKLA (Accountant Member)30 pages
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What did the Tribunal hold?

The Tribunal confirmed the CIT(A)'s decision on several issues, including the treatment of provisions for doubtful debts under Section 115JB and the carry forward of long-term capital loss of an amalgamating company. The cross-objections filed by the assessee were dismissed as they became infructuous.

What were the facts?

The appeals involved issues related to disallowance under Section 14A, leave encashment, education cess, capital subsidy, profit on sale of assets, additional depreciation, bad debts, and carry forward of capital loss of an amalgamating company. The assessee and revenue filed appeals and cross-objections concerning assessment years 2013-14 and 2014-15.

What were the issues?

The key issues were the correctness of disallowances under Section 14A, the treatment of various expenses and receipts for book profit computation under Section 115JB, and the eligibility of carrying forward capital losses of an amalgamating company.

Which sections of the Income-tax Act were involved?

Section 14A,Section 115JB,Section 32(1)(iia),Section 72A

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Cases cited in this judgment(14)Show list

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IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘F’: NEW DELHI BEFORE MS. MADHUMITA ROY, JUDICIAL MEMBER AND SHRI AMITABH SHUKLA, ACCOUNTNAT MEMBER [Assessment Year: 2013-14] The Assistant Commissioner of M/s Dalmia Cement Bharat Ltd. Income Tax, Circle-1, Tamil Nadu-620001 PAN-AADCA9414C Assessee Revenue Cross Objection No.63/CHNY/2018 (Arising out of ITA No.3157/CHNY2017) [Assessment Year: 2013-14] M/s Dalmia Cement Bharat Ltd. The Assistant Commissioner of Dalmiapuram, Income Tax, Circle-1, Tamilnadu-621651 Vs Williams Road, Cantonment, Trichy, Tamil Nadu-620001 PAN- AADCA9414C Assessee Revenue [Assessment Year: 2014-15] The Assistant Commissioner of M/s Dalmia Cement Bharat Ltd. Income Tax, Circle-1, Tamil Nadu-620001 PAN-AADCA9414C Assessee Revenue ITA Nos. 5416 & 5417/Del/2017 along with other cases

Cross Objection No.64/CHNY/2018 (Arising out of ITA No.3157/CHNY/2017) [Assessment Year: 2014-15] M/s Dalmia Cement Bharat Ltd. The Assistant Commissioner of Dalmiapuram, Income Tax, Circle-1, Tamilnadu-621651 Vs Williams Road, Cantonment, T

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