SHAPOORJI PALLONJI AND COMPANY PVT. LTD,MUMBAI vs. DCIT CIR 3(3) (1) , MUMBAI
What did the Tribunal hold?
The Tribunal held that the Assessing Officer's finding in the assessment order amounted to recording dissatisfaction with the assessee's claim, rejecting the argument that dissatisfaction was not properly recorded. Regarding advances, the Tribunal upheld the CIT(A)'s deletion of the addition, finding that the assessee's interest-free funds exceeded the advances made. For the property sale, the Tribunal noted that the transaction and consideration receipt occurred in an earlier year, making the current year's addition unsustainable.
What were the facts?
The assessee company, engaged in civil construction, had its income selected for scrutiny. The Assessing Officer made additions and disallowances, leading to an appeal before the CIT(A), who partly allowed the assessee's appeal. Both the Revenue and the assessee filed appeals against the CIT(A)'s order.
What were the issues?
Whether the Assessing Officer properly recorded dissatisfaction for disallowance under Section 14A and Rule 8D, and whether additions related to advances and property sale were justified in the current assessment year.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(8)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Reliance Utilities & Power Ltd.2,118 citing313 ITR 340 · 2009 · HC
- Maxopp Investment Ltd. v. CIT1,596 citing402 ITR 640 · 2018 · SC · Read judgment
- ACIT v. Vireet Investment Pvt. Ltd.789 citing82 Taxmann.com 415 · 2017 · HC
- Ltd. v. DCIT101 citing76 Taxmann.com 268 · 2016 · HC
- Principal Commissioner of Income Tax-2 v. Bombay Stock Exchange Ltd.55 citing113 Taxmann.com 303 · 2020 · HC
- Eicher Motors Ltd. v. CIT38 citing398 ITR 51 · 2017 · HC
- Devarsons Industries Pvt. Limited v. ACIT26 citing84 Taxmann.com 244 · 2017 · HC
- Ld. PCIT v. Vedanta Limited14 citing102 Taxmann.com 95 · 2019 · HC
Income Tax Appellate Tribunal, “H” BENCH, MUMBAI
Before: SHRI B R BASKARAN, AM & MS. KAVITHA RAJAGOPAL, JM & CO No. 55/Mum/2022
per the provisions of the Act in case of each assessee for every year. It is also pertinent to point out that various decisions of the Hon'ble Jurisdictional High Court relied upon by the ld. AR has held tha the letter of comfort given by the assessee on behalf of its AE clearly excludes letter of comfort within the expression of ‘international transaction’.
Having stated so, there is no necessity for determining the ALP for the said transaction.
From the above observation, we are of the considered view that the matter should be remanded back to the file of the ld. TPO for the purpose of applying any of the prescribed methods for determining the ALP of the international transactions only to the extent of the finance guarantee given by the assessee on behalf of its AEs. As the performance guarantee has already expired in 2013, there would not be any necessity to determine the ALP and, hence, we confirm the deletion made by the ld. CIT(A) on this ground. Hence, Ground Nos. 5 to 12 of the Revenue’s appeal and the ground no.1 of the assessee’s appeal are allowed for statistical purpose.
In the result, the appeal and cross objection filed by the assessee and the appeal filed by the Revenue are all partly allowed.
Order pronounced in the open court on 28.03.2024.
More judgments on Section 14A
- Blacksoil Capital Private Limited (As… vs DCIT, Circle-1(1), HyderabadITA 2217/HYD/2026[2017-18]Status: Disposed9 Oct 2026AY 2017-18
- Hiral Construction, Mumbai vs ITO Ward 42(1)(2), MumbaiITA 8431/MUM/2025[2017-18]Status: Disposed8 Oct 2026AY 2017-18
- The Dy DIT (It) 1(2), Mumbai vs M/S Citi Bank N.A, MumbaiITA 4981/MUM/2007[2002-2003]Status: Disposed8 Oct 2026AY 2002-2003
- M/S. Citi Bank N.A., Mumbai vs The Addl DIT (It) RG-1, MumbaiITA 4970/MUM/2007[2002-2003]Status: Disposed8 Oct 2026AY 2002-2003
- M/S American Express Bank Ltd., Mumbai vs The Jt DIT (It)1(1), MumbaiITA 9414/MUM/2004[2000-2001]Status: Disposed8 Oct 2026AY 2000-2001
Recent GST High Court judgments
Search GST case law →- Md. Akhtar Ansari, Proprietor Of M/S Indian Associates vs. State Of Jharkhand, Through Commissioner Of State Tax, Commercial Tax Dept.Jharkhand · 14 Oct 2026
- M/S. Amarjothi Granites (INDIA) PVT. LTD., Berhampur, Ganjam vs. The Commissioner, Commercial Tax And GST, Odisha, CuttackOrissa · 14 Oct 2026
- M/S. Mishka Steels LLP And Anr. vs. The Superintendent Of Central Goods And Service Tax, Cx, Range-Ii, Behala Div. And Ors.Calcutta · 14 Oct 2026
- M/S Gujarat Co-Operative Milk Marketing Federation Limited vs. Union Of INDIAGujarat · 14 Oct 2026
- Ramesh K Devadiga vs. Khernagar Nandadeep Co Operative Housing Society LTDBombay · 14 Oct 2026