18, Hindustan Motors Ltd. v. CIT (

239 ITR 355High Court#11338 most cited
9

judgments rely on this decision, according to BharatTax’s citation analysis of 346,713 Indian tax judgments — from 2010 to 2023.

Issues it is cited on

associated enterprisestransfer pricing adjustmentsection 92casection 92cassociated enterprisesection 43bsection 92section 144cinternational transactionsection 43section 37(1)double taxation

Judgments citing 18, Hindustan Motors Ltd. v. CIT (

Asst CIT (Ltu) 1, Mumbai vs. Grasim Industries Limited (As A Successor to Aditya Birla Nuvo Ltd, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 1248/MUM/2017[2011-12]Status: DisposedITAT Mumbai28 Dec 2023AY 2011-12

Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am

For Appellant: Shri Yogesh Thar, ARFor Respondent: Ms. A. Alankrutha, Sr. DR
Section 10BSection 115JSection 14ASection 234BSection 271(1)(c)Section 32(1)(iia)Section 37Section 40Section 43BSection 80I

…tax. The ld. AR place reliance on the decision of the Cuttack Bench of the Tribunal in the case of National Aluminium Company Ltd. Vs. DCIT (2006) 153 taxman 18, Hindustan Motors Ltd vs CIT (218 ITR 450 (Calcutta HC)), CIT vs Padmavati Raje Cotton Mills Ltd (239 ITR 355 (Calcutta HC)) and Southern Electrodes Ltd vs ACIT (111 TTJ 143 (Hyderabad Trib)). 28. The ld. DR on the other hand, submitted that as per section 43B(a) interest is very much part of the statutory liability and therefore, should be included for the purpose of allowability under the said section. The ld. DR placed reliance on the decision of the…

Grasim Industries Limited (As A Successor to Aditya Birla Nuvo Ltd), Mumbai vs. Addl CIT Ltu, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 1065/MUM/2017[2011-12]Status: DisposedITAT Mumbai28 Dec 2023AY 2011-12

Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am

For Appellant: Shri Yogesh Thar, ARFor Respondent: Ms. A. Alankrutha, Sr. DR
Section 10BSection 115JSection 14ASection 234BSection 271(1)(c)Section 32(1)(iia)Section 37Section 40Section 43BSection 80I

…tax. The ld. AR place reliance on the decision of the Cuttack Bench of the Tribunal in the case of National Aluminium Company Ltd. Vs. DCIT (2006) 153 taxman 18, Hindustan Motors Ltd vs CIT (218 ITR 450 (Calcutta HC)), CIT vs Padmavati Raje Cotton Mills Ltd (239 ITR 355 (Calcutta HC)) and Southern Electrodes Ltd vs ACIT (111 TTJ 143 (Hyderabad Trib)). 28. The ld. DR on the other hand, submitted that as per section 43B(a) interest is very much part of the statutory liability and therefore, should be included for the purpose of allowability under the said section. The ld. DR placed reliance on the decision of the…

Hp India Sales Private Limited, Bangalore vs. Joint Commissioner of Income Tax Ltu, Bangalore

In the result, the appeal filed by the assessee is partly allowed

ITA 524/BANG/2017[2012-13]Status: DisposedITAT Bangalore18 Aug 2022AY 2012-13

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am It(Tp)A No.524/Bang/2017 : Asst.Year 2012-2013 M/S.Hp India Sales Private The Joint Commissioner Of Limited (Formerly Known As Income-Tax, Ltu V. Bangalore. Hewlett-Packard India Sales Private Limited), 24 Salarpuria Area, Hosur Main Road, Adugodi Bangalore – 560 030. Pan : Aaacc9862F. (Appellant) (Respondent) Appellant By : Sri.Ajay Vohra, Senior Counsel / Sri. Neeraj Jain, Sri.Lalit Attal & Sri.Karon Dhanuka, Advoicates Respondent By : Sri.Harishchandra Naik, Cit-Dr Date Of Pronouncement : 18.08.2022 Date Of Hearing : 27.07.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 03.01.2017 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2012-2013. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company Engaged In Import Of Computer Peripherals From Its Associated Enterprises (Aes) For Sale In India & Also Rendered Certain Support Services. The Return Of Income For Assessment Year 2012-2013 Was Filed On 29.02.2012, Admitting Total Income Of Rs.544,61,99,276. The Return Was Revised On 25.03.2014

For Appellant: Sri.Ajay Vohra, Senior Counsel / Sri. Neeraj JainFor Respondent: Sri.Harishchandra Naik, CIT-DR
Section 143(2)Section 143(3)Section 144CSection 92BSection 92C

…disallow the same. The DRP confirmed the action of the AO. 18. Aggrieved, the assessee has raised this issue before the ITAT. The learned AR relies on the decisions in Hindustan Motors Ltd v CIT 218 ITR 450 (Calcutta), CIT v Padmavathi Raje Cotton Mills Ltd 239 ITR 355 (Calcutta) and CIT v India Pistons Ltd [2001] 119 Taxman 384 (Madras) and contends that interest on customs duty is not covered by section 43B, hence deduction should be allowed even if actual payment is not made. 19. On the other hand, the learned DR relies on the decisions in the case of Shri Pipes v DCIT 289 ITR 154 (Rajasthan) and CIT v Andh…

The DCIT, Cochin vs. M/S.Aspinwall & Co. Ltd, Cochin

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

ITA 133/COCH/2017[2012-13]Status: DisposedITAT Cochin19 May 2020AY 2012-13

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

Section 14A

…under Section 37 of the Act (Ref; Bhai Jaspal Singh (2011) 1 SCC 39, Consolidated Coffee Ltd. - (2001) 1 SCC 278, Prakash Cotton Mills P. Ltd.(1993) (201 ITR 684), Hoshiari Lal Kewal Krishan (2009) (311 ITR 336), and Padmavathy Raje Cotton Mills Ltd., (1999) (239 ITR 355). The decisions governing the above aspect, relied on by the appellant are highly brushed aside by the first appellate authority, and further, the first appellate authority holds that it is not clear as to whether the interest in the instant case is compensatory or not. (Ref: Page 32 Paragraph (ii)). The first appellate authority statesthat wheth…

M/S Aspinwall & Co., Ltd, Cochin vs. The ACIT, Cochin

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

ITA 128/COCH/2017[2012-13]Status: DisposedITAT Cochin19 May 2020AY 2012-13

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

Section 14A

…under Section 37 of the Act (Ref; Bhai Jaspal Singh (2011) 1 SCC 39, Consolidated Coffee Ltd. - (2001) 1 SCC 278, Prakash Cotton Mills P. Ltd.(1993) (201 ITR 684), Hoshiari Lal Kewal Krishan (2009) (311 ITR 336), and Padmavathy Raje Cotton Mills Ltd., (1999) (239 ITR 355). The decisions governing the above aspect, relied on by the appellant are highly brushed aside by the first appellate authority, and further, the first appellate authority holds that it is not clear as to whether the interest in the instant case is compensatory or not. (Ref: Page 32 Paragraph (ii)). The first appellate authority statesthat wheth…

Aspinwall & Company Ltd, Cochin vs. The ACIT, Cochin

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

ITA 61/COCH/2015[2006-07]Status: DisposedITAT Cochin19 May 2020AY 2006-07

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

Section 14A

…under Section 37 of the Act (Ref; Bhai Jaspal Singh (2011) 1 SCC 39, Consolidated Coffee Ltd. - (2001) 1 SCC 278, Prakash Cotton Mills P. Ltd.(1993) (201 ITR 684), Hoshiari Lal Kewal Krishan (2009) (311 ITR 336), and Padmavathy Raje Cotton Mills Ltd., (1999) (239 ITR 355). The decisions governing the above aspect, relied on by the appellant are highly brushed aside by the first appellate authority, and further, the first appellate authority holds that it is not clear as to whether the interest in the instant case is compensatory or not. (Ref: Page 32 Paragraph (ii)). The first appellate authority statesthat wheth…

Aspinwall & Company Ltd, Cochin vs. The ACIT, Cochin

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

ITA 60/COCH/2015[2006-07]Status: DisposedITAT Cochin19 May 2020AY 2006-07

Bench: S/Shri Chandra Poojari, Am&George George K., Jm

Section 14A

…under Section 37 of the Act (Ref; Bhai Jaspal Singh (2011) 1 SCC 39, Consolidated Coffee Ltd. - (2001) 1 SCC 278, Prakash Cotton Mills P. Ltd.(1993) (201 ITR 684), Hoshiari Lal Kewal Krishan (2009) (311 ITR 336), and Padmavathy Raje Cotton Mills Ltd., (1999) (239 ITR 355). The decisions governing the above aspect, relied on by the appellant are highly brushed aside by the first appellate authority, and further, the first appellate authority holds that it is not clear as to whether the interest in the instant case is compensatory or not. (Ref: Page 32 Paragraph (ii)). The first appellate authority statesthat wheth…

ACIT, Trichy vs. Metro Fabrics, Karur

Appeal is partly allowed for statistical

ITA 299/CHNY/2014[2008-09]Status: DisposedITAT Chennai04 Feb 2015AY 2008-09

Bench: Shri B.R. Baskaran & Shri S. S. Godara] आयकर अपील सं./I.T.A.No.299/Mds/2014 "नधा"रण वष" /Assessment Year : 2008-09

For Appellant: Shri Guru Bhashyam, JCITFor Respondent: Shri Quadir Hoseyn, Advocate
Section 143(3)Section 40A(3)

…I do not find any reason to disallow the claim u/s 40A(3) as these payments were also covered under Rule 6DD(k) of the I.T. Rules and the reliance placed by the I.T.A.No.299/14 :- 5 -: Assessing Officer on the case laws mentioned vide citations 173 ITR 340, 239 ITR 355 and 184 ITR 264 are hereby distinguished and are not applicable to the facts of the Appellant’s case in toto and hence the Assessing Officer is directed to allow the claim made by the Appellant. In the result, this ground of appeal is in favour of the Assessee.” 10. We have considered the rival contentions and perused the orders of the lower aut…

Commissioner of Income Tax Delhi -IV vs. Govind Nagar Sugar Ltd

Appeals are allowed and orders passed by the Tribunal are set aside and the

ITA/1208/2008HC Delhi19 Nov 2010

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE SURESH KUMAR KAIT

Section 4Section 43B

…hough this plea was rejected by the AO, the CIT (A) accepted this plea and allowed the appeal of the assessee. The CIT (A) relied upon the judgment of the Calcutta High Court in the case of Commissioner of Income-tax Vs. Padmavati Raje Cotton Mills Ltd. [239 ITR 355] holding that the interest on late payment was outside the scope of Section 43B of the Act and therefore, the rigour of that provision was not attracted. The Income Tax Appellate Tribunal (hereinafter referred to as „the Tribunal‟) has concurred with the view of the CIT (A). It is how the Department is in appeal and has raised the aforesai…

18, Hindustan Motors Ltd. v. CIT ( (239 ITR 355) — Cited in 9 Judgments | BharatTax