166 Taxman 48 (Delhi) (Para 6) (ii). CIT v. Everest Litho Press

285 ITR 297High Court2006#17519 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2022 to 2024.

Sections most often in play

Section 139(1)Section 143(2)Section 143(3)Section 145A(a)(ii)Section 43B

Issues it is cited on

section 35ddasection 36(1)(ii)section 3(1)employees contribution to pfdisallowance of interest expenditurerule of consistencysection 36(1)(iii)section 43bsection 36(1)(va)disallowance u/s 14asection 254revenue expenditure

Judgments citing 166 Taxman 48 (Delhi) (Para 6) (ii). CIT v. Everest Litho Press

Bhanupratap Santprasad Singh, Parbhani Maharashtra vs. Income Tax Officer, Ward Hingoli, Parbhani, Maharashtra

In the result, the appeal filed by the assessee stands allowed for statistical purposes

ITA 251/PUN/2024[2018-19]Status: DisposedITAT Pune23 Oct 2024AY 2018-19

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.251/Pun/2024 िनधा"रण वष" / Assessment Year: 2018-19 Bhanupratap Santprasad Vs. Ito, Ward- Hingoli, Singh, Parbhani. Pandharkar Niwas, Dnayneshwar Nagar, Parbhani- 431401. Pan : Awgps7884J Appellant Respondent Assessee By : Shri Darshan R Gattani Revenue By : Shri Keyur Patel Date Of Hearing : 07.08.2024 Date Of Pronouncement : 23.10.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 14.12.2023 Passed By Ld. Addl./Jcit(A)-3, Bengaluru For The Assessment Year 2018-19 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case, The Cit(Appeals) Has Erred In Upholding The Addition Of Rs.30,46,456/- Made By The Centralized Processing Centre (Cpc) On Account Of Disallowance U/S 43B For Non-Payment Of Service Tax, Even Though Neither The Tax Amount Was Received From The Customer Nor Was The Service Tax Amount Debited To Profit & Loss Account. Therefore, The Same May Be Deleted.

For Appellant: Shri Darshan R GattaniFor Respondent: Shri Keyur Patel
Section 139(1)Section 143(1)Section 36(1)(va)Section 43B

…ITA No.2220/Del/2017, ITAT Delhi; (iii) Srikakollu Subba Rao & Co. & Ors. vs. UOI & Ors. (1988) 173 ITR 708 (AP HC); (iv) India Carbon Ltd. vs. Inspecting Assistant Commissioner of Income-tax (1993) 200 ITR 759 (Gau HC); (v) CIT vs. Everest Litho Press (2006) 285 ITR 297 (Mad HC); (vi) ACIT vs. Biotec Consortium India Ltd. ITA No.2841/Del/12 dated 09.08.2012, ITAT Delhi Bench; (vii) ACIT vs. Real Image Media Technologies (2008) 114 ITD 573, ITAT Chennai Bench; (viii) Wadhwa Residency (P) Ltd. vs. ACIT (2018) 95 taxmann.com 294, Mumbai Bench; (ix) DCIT vs. M/s M.C. Retial Pvt. Ltd., ITA No.419/Mum/2017 dated 28.09…

Platinum Properties, Raigad vs. ITO Ward 5, Panvel

In the result, the ground no

ITA 2681/MUM/2023[2014-15]Status: DisposedITAT Mumbai15 Jan 2024AY 2014-15

Bench: Shri Aby T Varkey & Shri Amarjit Singhplatinum Properties Vs. Ito, Ward-5 Plot No. 6, G-20-24, Panvel, Taloja, Midc, Tal Panvel, Thane Taloja Raigad-410208 Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aajfp4159N Appellant .. Respondent Appellant By : Prateek Jain Respondent By : H.M. Bhatt Date Of Hearing 05.01.2024 Date Of Pronouncement 15.01.2024

For Appellant: Prateek JainFor Respondent: H.M. Bhatt
Section 139(1)Section 143(2)Section 143(3)Section 43B

…submits that the assessee has sought to evade tax under the mercantile system of account. We are of the view that it is not for the revenue authorities to tell the assessee how to maintain its accounts. 10.2 In the case of CIT Vs. Everest Litho Press, [2006] 285 ITR 297 (Mad.), on which reliance placed by the assessee, the Hon’ble Madras High Court has held as under: “6. In the case on hand, the amount collected as sales tax was never claimed as deduction by the assessee. Section. 43B of the Act is not attracted at all when the assessee has not claimed any deduction of the amount collected by it. The Gauhati Hig…

Mafatlal Industries Limited, Mumbai vs. ACIT-6(3), Mumbai

In the result, appeal filed by the assessee is allowed

ITA 4369/MUM/2013[2008-09]Status: DisposedITAT Mumbai25 Jul 2022AY 2008-09

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Arati Vissanji &For Respondent: Nimesh Yadav
Section 143(3)Section 14ASection 36(1)(iii)

…cannot be made u/s. 43B of the Act if expenditure is not debited. In support of the above contention she relied on the following case law: - (i). CIT Vs Noble & Hewitt (I) (P) Ltd [2008] 166 Taxman 48 (Delhi) (Para 6) (ii). CIT Vs. Everest Litho Press [2006] 285 ITR 297 (Madras) 25. Ld. DR vehemently supported the orders of the Assessing Officer. 26. Considered the rival submissions and material placed on record. After considering the facts and circumstances of the case and also the case law relied by the Ld. AR, in our view this issue should be verified by the Assessing Officer afresh, accordingly, we remit t…

Mafatlal Industries Ltd, Mumbai vs. Asst CIT 6(3), Mumbai

In the result, appeal filed by the assessee is allowed

ITA 6963/MUM/2012[2007-08]Status: DisposedITAT Mumbai25 Jul 2022AY 2007-08

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Arati Vissanji &For Respondent: Nimesh Yadav
Section 143(3)Section 14ASection 36(1)(iii)

…cannot be made u/s. 43B of the Act if expenditure is not debited. In support of the above contention she relied on the following case law: - (i). CIT Vs Noble & Hewitt (I) (P) Ltd [2008] 166 Taxman 48 (Delhi) (Para 6) (ii). CIT Vs. Everest Litho Press [2006] 285 ITR 297 (Madras) 25. Ld. DR vehemently supported the orders of the Assessing Officer. 26. Considered the rival submissions and material placed on record. After considering the facts and circumstances of the case and also the case law relied by the Ld. AR, in our view this issue should be verified by the Assessing Officer afresh, accordingly, we remit t…

Mafatlal Industries Ltd, Mumbai vs. Addl CIT 6(3), Mumbai

In the result, appeal filed by the assessee is allowed

ITA 6085/MUM/2011[2006-07]Status: DisposedITAT Mumbai25 Jul 2022AY 2006-07

Bench: Shri Amit Shukla, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

For Appellant: Arati Vissanji &For Respondent: Nimesh Yadav
Section 143(3)Section 14ASection 36(1)(iii)

…cannot be made u/s. 43B of the Act if expenditure is not debited. In support of the above contention she relied on the following case law: - (i). CIT Vs Noble & Hewitt (I) (P) Ltd [2008] 166 Taxman 48 (Delhi) (Para 6) (ii). CIT Vs. Everest Litho Press [2006] 285 ITR 297 (Madras) 25. Ld. DR vehemently supported the orders of the Assessing Officer. 26. Considered the rival submissions and material placed on record. After considering the facts and circumstances of the case and also the case law relied by the Ld. AR, in our view this issue should be verified by the Assessing Officer afresh, accordingly, we remit t…

166 Taxman 48 (Delhi) (Para 6) (ii). CIT v. Everest Litho Press (285 ITR 297) — Cited in 5 Judgments | BharatTax