AGS Tiber v. CIT

233 ITR 207High Court1998#4478 most cited

What is AGS Tiber v. CIT authority for?

Statutory provisions, especially those that disallow deductions, must be interpreted strictly and literally. Courts cannot read words or concepts into a provision that are not expressly stated, even if the intent seems logical.

26

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2020 to 2022.

Also referred to as

AGS Tiber v. CIT · section 40(a)(ii) · deduction of tax · profits and gains of business or profession · interpretation of statutes · legislative intent · cess vs tax · rule of strict construction

Also reported as

92 Taxmann 268

Issues it is cited on

section 40(a)(ii)section 90asection 91profits and gains of business or professioncomparable companiessection 30interest under section 234bsection 90section 40(a)associated enterpriseassociated enterprisestransfer pricing adjustment

Judgments citing AGS Tiber v. CIT

Asst.C.I.T., Bangalore vs. M/S Wipro Ltd., Bangalore

ITA 609/BANG/2016[2011-12]Status: DisposedITAT Bangalore05 Oct 2020AY 2011-12

Bench: Shri B.R. Baskaran, Accountantmember & Shri Pavan Kumar Gadaleit(Tp)A No.99/Bang/2014 Assessmentyear:2009-10

Section 143(3)

…and in favour of the assessee and it should be so construed as to effectuate the object of the legislature and not to defeat it. Further, the interpretation cannot go to the extent of reading something that is not stated in the provision [See AGS Tiber Vs CIT 233 ITR 207]. 22. Applying the aforesaid principles, we find that the legislature, in Section 40(a)(ii) has provided that “any rate or tax levied” on “profits and gains of business or profession” shall not be deducted in computing the income chargeable under the head “profits and gains of business or profession”. There is no reference to any “cess”. Obviousl…

DCIT, Bangalore vs. M/S Wipro Ltd., Bangalore

ITA 467/BANG/2015[2010-11]Status: DisposedITAT Bangalore05 Oct 2020AY 2010-11

Bench: Shri B.R. Baskaran, Accountantmember & Shri Pavan Kumar Gadaleit(Tp)A No.99/Bang/2014 Assessmentyear:2009-10

Section 143(3)

…and in favour of the assessee and it should be so construed as to effectuate the object of the legislature and not to defeat it. Further, the interpretation cannot go to the extent of reading something that is not stated in the provision [See AGS Tiber Vs CIT 233 ITR 207]. 22. Applying the aforesaid principles, we find that the legislature, in Section 40(a)(ii) has provided that “any rate or tax levied” on “profits and gains of business or profession” shall not be deducted in computing the income chargeable under the head “profits and gains of business or profession”. There is no reference to any “cess”. Obviousl…

DCIT, Circle- 8(1), New Delhi vs. Ebix Software India Pvt. Ltd., New Delhi

ITA 5274/DEL/2017[2013-14]Status: DisposedITAT Delhi30 Sept 2020AY 2013-14

Bench: Shri R.K. Panda & Ms Suchitra Kamble

For Appellant: Shri Gautam Jain, AdvocateFor Respondent: Ms Nidhi Srivastava, CIT, DR
Section 10ASection 115J

…ew that the relief would be available for the successor. Referring to the following decisions, he submitted that following the aforesaid Circular, relief u/s 80J of the Act was granted:- i) 87 Taxman 101 (Cal) CIT v. P. K. Engineering and Forging (P) Ltd. ii) 233 ITR 207 (Mad) AGS Timber & Chemical Industries Pvt. Ltd. v. CIT iii) 98 ITR 119 (Mad) Madras Machine Tools Manufacturers Ltd. v. CIT iv) 205 ITR 19 (Ker) Kerala State Cashew Dev. Corpn. v. CIT v) 213 ITR 660 (Bom) CIT v. Tyresoles Concessionaries Pvt. Ltd. vi) 212 ITR 1 (Bom) CIT v. Dandeli Ferro Alloy (P) Ltd.. vii) 160 ITD 540 (Asr) Aggarwal & Co. v. D…

Midland Credit Management India Pvt. Ltd., New Delhi vs. Addl. CIT, Special Range- 6, New Delhi

In the result the appeal of the assessee is allowed in part on the grounds argued before us whereas the appeal of the revenue stands

ITA 3892/DEL/2017[2010-11]Status: DisposedITAT Delhi14 Sept 2020AY 2010-11

Bench: Shri N.K. Billaiya & Shri Sudhanshu Srivastava[Assessment Year: 2010-11]

For Appellant: Shri Nageshwar Rao, AdvFor Respondent: Shri Surendra Pal, CIT - DR
Section 10ASection 115JSection 92C

…and in favour of the assessee and it should be so construed as to effectuate the object of the legislature and not to defeat it. Further, the interpretation cannot go to the extent of reading something that is not stated in the provision [See AGS Tiber Vs CIT 233 ITR 207]. 22. Applying the aforesaid principles, we find that the legislature, in Section 40(a)(ii) has provided that “any rate or tax levied” on “profits and gains of business or profession” shall not be deducted in computing the income chargeable under the head “profits and gains of business or profession”. There is no reference to any “cess”. Obviousl…

Addl.CIT, New Delhi vs. M/S Midland Credit Management India Pvt. Ltd., New Delhi

In the result the appeal of the assessee is allowed in part on the grounds argued before us whereas the appeal of the revenue stands

ITA 3765/DEL/2017[2010-11]Status: DisposedITAT Delhi14 Sept 2020AY 2010-11

Bench: Shri N.K. Billaiya & Shri Sudhanshu Srivastava[Assessment Year: 2010-11]

For Appellant: Shri Nageshwar Rao, AdvFor Respondent: Shri Surendra Pal, CIT - DR
Section 10ASection 115JSection 92C

…and in favour of the assessee and it should be so construed as to effectuate the object of the legislature and not to defeat it. Further, the interpretation cannot go to the extent of reading something that is not stated in the provision [See AGS Tiber Vs CIT 233 ITR 207]. 22. Applying the aforesaid principles, we find that the legislature, in Section 40(a)(ii) has provided that “any rate or tax levied” on “profits and gains of business or profession” shall not be deducted in computing the income chargeable under the head “profits and gains of business or profession”. There is no reference to any “cess”. Obviousl…

Voltas Ltd, Mumbai vs. ACIT 8(3)(2), Mumbai

The appeal of the revenue is dismissed

ITA 6612/MUM/2018[2012-13]Status: DisposedITAT Mumbai30 Jun 2020AY 2012-13

Bench: Shri Pramod Kumar() & Shri Ravish Sood () Assessment Year: 2012-13 Voltas Limited Asst. Cit Range-8(3)(2) Voltas House-A, 4Th Floor, Vs. Room No. 615, 6Th Floor, Dr. Babasaheb Ambedkar Aayakar Bhavan, M.K. Road Road, Chinchpokli, Mumbai – 400 020 Mumbai 400 033 Pan No. Aaacv2809D Appellant Respondent & Assessment Year: 2012-13 Dcit-8(3)(2) Voltas Limited R. No.615, 6Th Floor, Vs. Voltas House-A, 4Th Floor, Aayakar Bhavan, M.K. Road Dr. Babasaheb Ambedkar Road, Mumbai- 400 020 Chinchpokli, Mumbai 400 033 Pan No. Aaacv2809 Appellant Respondent

For Appellant: Shri. Nitesh JoshiFor Respondent: Shri. Uodal Raj Singh, D.R
Section 143(3)Section 14ASection 40

…and in favour of the assessee and it should be so construed as to effectuate the object of the legislature and not to defeat it. Further, the interpretation cannot go to the extent of reading something that is not stated in the provision [See AGS Tiber Vs CIT 233 ITR 207]. 22. Applying the aforesaid principles, we find that the legislature, in Section 40(a)(ii) has provided that “any rate or tax levied” on “profits and gains of business or profession” shall not be deducted in computing the income chargeable under the head “profits and gains of business or profession”. There is no reference to any “cess”. Obvious…