Ahmedabad Electricity Co. Ltd. and Godavari Sugar Mills Ltd. v. CIT

Tech Mahindra Business Services Ltd., Mumbai vs. The Assistant Commissioner of Income Tax, Circle-13(3)(2), Mumbai

In the result, appeal by the assessee is partly allowed

Bench: Shri Vikas Awasthy & Shri Gagan Goyalआअसं.1256/मुं/ 2022 (िन.व.2017-18) Tech Mahindra Business Services Limited. Ground Floor, Spectrum Towers, Mindspace, Chincholi Bunder Link Road, Malad West, Mumbai – 400 064. Pan: Aabch-8136-L ...... अपीलाथ" /Appellant बनाम Vs. The Assistant Commissioner Of Income Tax, Circle – 13(3)(2), Room No.229, 2Nd Floor, Aaykar Bhavan, Mk Road, Mumbai – 400 020. ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri J.D,Mistri, Sr. Advocate With Shri Harsh Kapadia, Advocate "ितवादी "ारा/Respondent By : Ms. Richa Gulati, Sr.Ar सुनवाई क" ितिथ/ Date Of Hearing : 28/04/2023 घोषणा क" ितिथ/ Date Of Pronouncement : 24/07/2023 आदेश आदेश/ Order आदेश आदेश Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 30/03/2022, For The Assessment Year 2017-18. 2. The Assessee In Appeal Has Raised Solitary Ground Assailing Disallowance Made U/S. 14A Of Income Tax Act, 1961 (In Short ‘The Act’) R.W. Rule 8D Of The Income Tax Rules, 1962 (In Short ‘The Rules’) Amounting To Rs.80,08,567/-. The Assessee Vide Application Dated 13/09/2022 Has Raised An Additional Ground

…ce is required to be furnished for adjudication of the said ground. The ld.Counsel for the assessee placed reliance on various decisions including the decision rendered in the case of Jute Corporation of India Ltd., 187 ITR 688(SC), New India Industries Ltd., 207 ITR 1010 (Guj) and Contoller of Estate Duty vs. R. Brahadeeswaran, 163 ITR 680 (Mad) for admission of additional ground. 4. Ms. Richa Gulati representing the Department vehemently opposed admission of additional ground at this belated stage. 5. We have heard the submissions made by rival sides on the admission of additional ground. We find that the add…

Satyam Computer Services Ld, Mumbai vs. DCIT 2(3)(1), Mumbai

Bench: Shri Pramod Kumar, Vice- & Shri Ravish Sood.

…dmitted. In support of his aforesaid contention the ld. A.R had relied on the judgments of the Hon‟ble Supreme Court in the case of viz. (i). Jute Corporation of India Ltd. Vs. CIT & Anr. (1991) 187 ITR 688 (SC); (ii). New India Industries Ltd. Vs. CIT (1994) 207 ITR 1010 (Guj); and (iii). Controller of Estate Duty Vs. R. Brahadeeswaran (1987) 163 ITR 680 (Mad). Relying on the aforesaid judgments, it was submitted by the ld. A.R that in the absence of any statutory provision, the appellate authority is vested with all the plenary powers, which the subordinate authority may have in the matter. Also, support was dr…