116 TAXMANN 606 (SC); Indian Molasses Co. (Private) Ltd. v. CIT (53 ITR 134)

DCIT., CIRCLE-13(1), HYDERABAD vs. THE SINGARENI COLLIERIES COMPANY LIMITED, KOTHAGUDEM

In the result, assessee’s appeals for the A

ITA 308/HYD/2024[AY-2020-2]Status: DisposedITAT Hyderabad12 Jun 2025

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita Nos.283, 284 & 286/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2015-16, 2016-17 & 2020-21) Singareni Collieries Vs. Acit, Circle – 1 Company Limited Khammam & Kothagudem Acit, Circle 13(1) Pan:Aaact8873F Hyderabad & आ.अपी.सं /Ita Nos.300, 301 & 308/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2015-16, 2016-17 & 2020-21) Vs. Singareni Collieries Dy. Cit, Circle 13(1) Company Limited Hyderabad Kothagudem Pan:Aaact8873F (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri M.V.Anil Kumar, Advocate राज" व "ारा/Revenue By:: Shri B Balakrishna, Cit (Dr) सुनवाई की तारीख/Date Of Hearing: 10/06/2025 घोषणा की तारीख/Pronouncement: 12/06/2025 आदेश/Order Per Bench: These 3 Sets Of Cross Appeals Filed By The Assessee As Well As The Revenue Are Directed Against The 3 Separate Orders All Dated 30/01/2024 Of The Learned Cit (A)-Nfac Delhi, For The A.Ys 2015-16, 2016-17 & 2020-21 Respectively. The Assessee As Well As The Revenue Have Raised The Following Grounds Of Appeals For 3 A.Ys:

For Appellant: Shri M.V.Anil Kumar, AdvocateFor Respondent: : Shri B Balakrishna, CIT (DR)

Section 40A(9)

…nd in favour of the assessee and against the Revenue." 2. Mr. Bajoria further relied on two decisions of the Supreme Court being respectively the decision in CIT v. A. Gajapathy Naidu [1964] 53 ITR 114 and CIT v. Swadeshi Cotton & Flour Mills (P.) Ltd. [1964] 53 ITR 134 (SC). In A. Gajapathy Naidu (supra ) on the question of power of the ITO to relate back an income the apex Court was of the following view: "When an ITO proceeds to include a particular income in the assessment, he should ask himself, inter alia, two questions, namely : (i) what is the system of accountancy adopted by the assessee, and (ii) if it…

DCIT., CIRCLE-13(1), HYDERABAD vs. THE SINGARENI COLLIERIES COMPANY LTD, KOTHAGUDEM

In the result, assessee’s appeals for the A

ITA 300/HYD/2024[2015--16]Status: DisposedITAT Hyderabad12 Jun 2025

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita Nos.283, 284 & 286/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2015-16, 2016-17 & 2020-21) Singareni Collieries Vs. Acit, Circle – 1 Company Limited Khammam & Kothagudem Acit, Circle 13(1) Pan:Aaact8873F Hyderabad & आ.अपी.सं /Ita Nos.300, 301 & 308/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2015-16, 2016-17 & 2020-21) Vs. Singareni Collieries Dy. Cit, Circle 13(1) Company Limited Hyderabad Kothagudem Pan:Aaact8873F (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri M.V.Anil Kumar, Advocate राज" व "ारा/Revenue By:: Shri B Balakrishna, Cit (Dr) सुनवाई की तारीख/Date Of Hearing: 10/06/2025 घोषणा की तारीख/Pronouncement: 12/06/2025 आदेश/Order Per Bench: These 3 Sets Of Cross Appeals Filed By The Assessee As Well As The Revenue Are Directed Against The 3 Separate Orders All Dated 30/01/2024 Of The Learned Cit (A)-Nfac Delhi, For The A.Ys 2015-16, 2016-17 & 2020-21 Respectively. The Assessee As Well As The Revenue Have Raised The Following Grounds Of Appeals For 3 A.Ys:

For Appellant: Shri M.V.Anil Kumar, AdvocateFor Respondent: : Shri B Balakrishna, CIT (DR)

Section 40A(9)

…nd in favour of the assessee and against the Revenue." 2. Mr. Bajoria further relied on two decisions of the Supreme Court being respectively the decision in CIT v. A. Gajapathy Naidu [1964] 53 ITR 114 and CIT v. Swadeshi Cotton & Flour Mills (P.) Ltd. [1964] 53 ITR 134 (SC). In A. Gajapathy Naidu (supra ) on the question of power of the ITO to relate back an income the apex Court was of the following view: "When an ITO proceeds to include a particular income in the assessment, he should ask himself, inter alia, two questions, namely : (i) what is the system of accountancy adopted by the assessee, and (ii) if it…

SINGARENI COLLIERIES COMPANY LIMITED,KOTHAGUDEM vs. ACIT., CIRCLE-1, KHAMMAM

In the result, assessee’s appeals for the A

ITA 284/HYD/2024[2016-17]Status: DisposedITAT Hyderabad12 Jun 2025AY 2016-17

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita Nos.283, 284 & 286/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2015-16, 2016-17 & 2020-21) Singareni Collieries Vs. Acit, Circle – 1 Company Limited Khammam & Kothagudem Acit, Circle 13(1) Pan:Aaact8873F Hyderabad & आ.अपी.सं /Ita Nos.300, 301 & 308/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2015-16, 2016-17 & 2020-21) Vs. Singareni Collieries Dy. Cit, Circle 13(1) Company Limited Hyderabad Kothagudem Pan:Aaact8873F (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri M.V.Anil Kumar, Advocate राज" व "ारा/Revenue By:: Shri B Balakrishna, Cit (Dr) सुनवाई की तारीख/Date Of Hearing: 10/06/2025 घोषणा की तारीख/Pronouncement: 12/06/2025 आदेश/Order Per Bench: These 3 Sets Of Cross Appeals Filed By The Assessee As Well As The Revenue Are Directed Against The 3 Separate Orders All Dated 30/01/2024 Of The Learned Cit (A)-Nfac Delhi, For The A.Ys 2015-16, 2016-17 & 2020-21 Respectively. The Assessee As Well As The Revenue Have Raised The Following Grounds Of Appeals For 3 A.Ys:

For Appellant: Shri M.V.Anil Kumar, AdvocateFor Respondent: : Shri B Balakrishna, CIT (DR)

Section 40A(9)

…nd in favour of the assessee and against the Revenue." 2. Mr. Bajoria further relied on two decisions of the Supreme Court being respectively the decision in CIT v. A. Gajapathy Naidu [1964] 53 ITR 114 and CIT v. Swadeshi Cotton & Flour Mills (P.) Ltd. [1964] 53 ITR 134 (SC). In A. Gajapathy Naidu (supra ) on the question of power of the ITO to relate back an income the apex Court was of the following view: "When an ITO proceeds to include a particular income in the assessment, he should ask himself, inter alia, two questions, namely : (i) what is the system of accountancy adopted by the assessee, and (ii) if it…

SINGARENI COLLIERIES COMPANY LIMITED,KOTHAGUDEM vs. ACIT., CIRCLE- 1, KHAMMAM

In the result, assessee’s appeals for the A

ITA 283/HYD/2024[2015-16]Status: DisposedITAT Hyderabad12 Jun 2025AY 2015-16

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Manjunatha, G.आ.अपी.सं /Ita Nos.283, 284 & 286/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2015-16, 2016-17 & 2020-21) Singareni Collieries Vs. Acit, Circle – 1 Company Limited Khammam & Kothagudem Acit, Circle 13(1) Pan:Aaact8873F Hyderabad & आ.अपी.सं /Ita Nos.300, 301 & 308/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2015-16, 2016-17 & 2020-21) Vs. Singareni Collieries Dy. Cit, Circle 13(1) Company Limited Hyderabad Kothagudem Pan:Aaact8873F (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri M.V.Anil Kumar, Advocate राज" व "ारा/Revenue By:: Shri B Balakrishna, Cit (Dr) सुनवाई की तारीख/Date Of Hearing: 10/06/2025 घोषणा की तारीख/Pronouncement: 12/06/2025 आदेश/Order Per Bench: These 3 Sets Of Cross Appeals Filed By The Assessee As Well As The Revenue Are Directed Against The 3 Separate Orders All Dated 30/01/2024 Of The Learned Cit (A)-Nfac Delhi, For The A.Ys 2015-16, 2016-17 & 2020-21 Respectively. The Assessee As Well As The Revenue Have Raised The Following Grounds Of Appeals For 3 A.Ys:

For Appellant: Shri M.V.Anil Kumar, AdvocateFor Respondent: : Shri B Balakrishna, CIT (DR)

Section 40A(9)

…nd in favour of the assessee and against the Revenue." 2. Mr. Bajoria further relied on two decisions of the Supreme Court being respectively the decision in CIT v. A. Gajapathy Naidu [1964] 53 ITR 114 and CIT v. Swadeshi Cotton & Flour Mills (P.) Ltd. [1964] 53 ITR 134 (SC). In A. Gajapathy Naidu (supra ) on the question of power of the ITO to relate back an income the apex Court was of the following view: "When an ITO proceeds to include a particular income in the assessment, he should ask himself, inter alia, two questions, namely : (i) what is the system of accountancy adopted by the assessee, and (ii) if it…

JAIPRAKASH ASSOCIATES LTD.,NOIDA vs. DCIT, CIRCLE- 1, NOIDA

In the result, the appeal of the assessee in ITA No

ITA 3876/DEL/2018[2010-11]Status: DisposedITAT Delhi07 May 2024AY 2010-11

Bench: Ms. Madhumita Roy & Shri Naveen Chandra

For Appellant: Shri Ashwani Kumar Garg, AdvFor Respondent: Shri Sandeep Kumar Mishra, Sr. DR

Section 28

…ld. counsel for the assessee further argued that provisions of section 35D were not relevant at all on the issue of prior period expenses. He placed reliance on the decision of the Hon'ble Supreme Court in the case of Swadeshi Cotton and Flour Mills Pvt Ltd 53 ITR 134 [SC]. 20. On the other hand, the ld. DR argued that the expenses do not pertain to this year and that it is not clear when these expenses became ascertainable. There is no evidence available to show that these expenses were incurred or ascertained in this year. The ld. DR contended that the rationality of these expenses need to be examined an…

SANMAR SPECIALITY CHEMICALS LTD.,CHENNAI vs. DCIT, CHENNAI

In the result, appeal filed by the assessee is treated as allowed for statistical purposes

ITA 392/CHNY/2019[2014-15]Status: DisposedITAT Chennai31 Jan 2023AY 2014-15

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.: 392/Chny/2019 िनधा"रण वष" / Assessment Year: 2014-15 Sanmar Speciality Chemicals Deputy Commissioner Of Limited, V. Income-Tax, 9 Cathedral Road, Corporate Circle 6(1), Chennai 600 086. Chennai. [Pan: Aabcs-0201-P] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. R. Vijayaraghavan, Advocate ""यथ" क" ओर से/Respondent By : Shri. P. Sajit Kumar, Jcit सुनवाई क" तारीख/Date Of Hearing : 01.12.2022 घोषणा क" तारीख/Date Of Pronouncement : 31.01.2023

For Appellant: Shri. R. Vijayaraghavan, AdvocateFor Respondent: Shri. P. Sajit Kumar, JCIT

Section 144A

…Court in the case of TYCO San mar Limited in TC No.512 of 2014 wherein the facts are identical. The learned Commissioner of Income Tax (Appeals) - 16 also erred in following the decision of Apex Court in the case of CIT Vs Swadeshi Cottom ft Flour Mills Ltd (53 ITR 134) wherein the facts are entirely different. The Appellant craves leave to add, alter or modify the grounds of appeal at any time before or during the hearing of appeal. For these and other reasons to be adduced at the time of hearing, the Appellant prays for a favourable Order on the points of appeal. 3. The brief facts of the case are that, the as…

DCIT (LTU) 1, MUMBAI vs. AMBUJA CEMENTS LTD, MUMBAI

In the result, the appeal of the revenue is thus dismissed

ITA 3307/MUM/2015[2008-09]Status: DisposedITAT Mumbai07 Nov 2022AY 2008-09

Section 115JSection 14Section 143(3)Section 14A

…nd in favour of the assessee and against the Revenue." 4. Mr. Bajoria further relied on two decisions of the Supreme Court being respectively the decision in CIT v. A. Gajapathy Naidu [1964] 53 ITR 114 and CIT v. Swadeshi Cotton & Flour Mills (P.) Ltd. [1964] 53 ITR 134 (SC). In A. Gajapathy Naidu (supra ) on the question of power of the ITO to relate back an income the apex Court was of the following view: "When an ITO proceeds to include a particular income in the assessment, he should ask himself, inter alia, two questions, namely : (i) what is the system of accountancy adopted by the assessee, and (ii) if it…

AMBUJA CEMENTS LTD ( FORMERLY KNOWN AS GUJARAT AMBUJA CEMENTS LTD),MUMBAI vs. ADDL CIT 3(1), MUMBAI

In the result, the appeal of the revenue is thus dismissed

ITA 2428/MUM/2013[2006-07]Status: DisposedITAT Mumbai07 Nov 2022AY 2006-07

Section 115JSection 14Section 143(3)Section 14A

…nd in favour of the assessee and against the Revenue." 4. Mr. Bajoria further relied on two decisions of the Supreme Court being respectively the decision in CIT v. A. Gajapathy Naidu [1964] 53 ITR 114 and CIT v. Swadeshi Cotton & Flour Mills (P.) Ltd. [1964] 53 ITR 134 (SC). In A. Gajapathy Naidu (supra ) on the question of power of the ITO to relate back an income the apex Court was of the following view: "When an ITO proceeds to include a particular income in the assessment, he should ask himself, inter alia, two questions, namely : (i) what is the system of accountancy adopted by the assessee, and (ii) if it…

GRASIM INDUSTRIES LTD. vs. ADDL. CIT RANGE 6(3),

In the result, appeal filed by the assesse and revenue are partly allowed

ITA 4753/MUM/2004[2002-03]Status: DisposedITAT Mumbai14 Dec 2021AY 2002-03

Bench: Shri Saktijit Dey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blegrasim Industries Limited V. Addl. Cit, Range 6(3) Corporate Finance Division 5Th Floor, Room No. 505 Aditya Birla Centre “A” Wing Aayakar Bhavan 2Nd Floor, S.K. Ahire Marg, Worli Mumbai Mumbai-400025 Pan: Aaacg4464B Appellant Respondent Dy. Cit, Range 6(3), V. Grasim Industries Limited, 5Th Floor, Room No. 505, Corporate Finance Division, Aayakar Bhavan, Aditya Birla Centre, “A” Wing, Mumbai-20. 2Nd Floor, S.K. Ahire Marg Worli, Mumbai-400025 Pan: Aaacg4464B Appellant Respondent Assessee By : Shri J.D. Mistry Revenue By : Shri Sandeep Raj & Shri Vijay Kumar Menon

For Appellant: Shri J.D. MistryFor Respondent: Shri Sandeep Raj &

Section 143(3)Section 36(1)(vii)Section 43BSection 80Section 80H

…ore arose during the year and, therefore, the same is correctly allowable in the relevant year even though the same was not paid during the year. Reliance was placed on decision of the Supreme Court in the case of CIT Vs Swadeshi Cotton Clothes Mills Put Ltd (53 ITR 134). 7. The assessee continue to carry on the same business and therefore, the payment of Rs 15 crores is allowable as deduction as has been 54 ITA No. 4753 & 5584/MUM/2004 (A.Y. 2002-03) Grasim Industries Limited, held by the Supreme Court in the case of K. Ravindranathan Nair (247 ITR 178) and the jurisdictional High Court in the case of Western In…

THE TRAVANCORE COCHIN CHEMICALS LIMITED,UDYOGAMANDAL vs. DCIT, ERNAKULAM

In the result, appeal of the assessee is allowed

ITA 673/COCH/1995[1992-93]Status: DisposedITAT Cochin22 Jan 2020AY 1992-93

Bench: S/Shri N.V. Vasudevan, Vp & Chandra Poojari, Am Assessment Year: 1992-93

…h admittedly fell outside the accounting period ended on June 30,1979. Therefore, it was clear that the provision made in the accounts after the close of the accounting period was not a permissible deduction. 2) CIT vs. Swadeshi Cotton and Flour Mills (1964) 53 ITR 134 (SC) wherein it was held that it was only in 1949 that the claim to profit bonus was settled by an award of the Industrial Tribunal and the only year to which the liability under the award could be properly attributed was 1949 and that therefore I.T.A. No. 673/Coch/1995 the sum of Rs.1,08,325-9-3 had to be deducted in the calendar year 1949 rele…

ACIT 6(1)(2), MUMBAI vs. ASK INVESTMENT MANAGERS P.LTD, MUMBAI

In the result, appeal is dismissed

ITA 5633/MUM/2017[2007-08]Status: DisposedITAT Mumbai31 May 2019AY 2007-08

Bench: Shri Saktijit Deyand Shri Manoj Kumar Aggarwal

For Appellant: Shri J.D. MistryFor Respondent: S/Shri Anadi Varma a/w Ram Tiwari

Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBERAND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER ITA no.5633, 5634 & 5635/Mum./2017 (Assessment Year : 2007–08, 2008–09 & 2009–10) Asstt. Commissioner of Income Tax ……………. Appellant Circle–6(1)(2), Mumbai v/s Ask Investment Managers Pvt. Ltd. 1st Floor, Bandbox House 254–D, Dr. Annie Besant Road ……………. Respondent Worli, Mumbai 400 030 PAN – AAFCA2302P Revenue by : S/Shri Anadi Varma a/w Ram Tiwari Assessee by : Shri J.D. Mistry Date of Hearing – 16.04.2019 Date of Order – 31.05.2019 O R D E R PER SAKTIJIT DEY. J.…

GOPALDAS VISRAM & CO. LTD,MUMBAI vs. ACIT 4(2)(2), MUMBAI

ITA 3519/MUM/2016[2009-10]Status: DisposedITAT Mumbai31 May 2018AY 2009-10

Bench: Shri R. C. Sharma, Am & Shri Amarjit Singh, Jm

For Appellant: Rajeev KhandelwalFor Respondent: Shri V. Vidyadhar (DR)

Section 142(1)Section 143(1)Section 143(2)Section 14A

…xmann.com 384 in support of the proposition that loss on abandoned project was liable to be allowed as business loss. Reliance was also placed on the decision of Hon’ble Supreme Court in case of A. Gajapathi Naidu 53 ITR 114 and Swadesh Cotton and Flour Mills 53 ITR 134. 6. We have considered rival contentions and carefully gone through the orders of the authorities below. We had also deliberated on the judicial pronouncements referred by lower authorities in their ITA. No.3519/M/2016 A.Y.2009-10 respective orders as well as cited by learned AR and DR before us, in the context of factual matrix of the case. Fro…