Ahmedabad Electricity Co. Ltd. v. CIT

199 ITR 351High Court1993#162 most cited

What is Ahmedabad Electricity Co. Ltd. v. CIT authority for?

Appellate authorities can consider additional grounds for deduction, even if not originally claimed before the Assessing Officer or Appellate Assistant Commissioner, provided the facts are not disputed and it pertains to a legal claim for correct tax liability. This is because the purpose of an appeal is to ascertain the correct tax liability.

441

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2015 to 2026.

Also referred to as

Ahmedabad Electricity Co. Ltd. v. CIT · 199 ITR 351 · Bombay HC · additional grounds · appellate authority · legal claim · ascertain correct tax liability · revenue account deduction

Also reported as

66 Taxmann 27

Sections most often in play

Section 143(3)Section 148Section 147Section 1961Section 153ASection 139(1)Section 132Section 153C

Issues it is cited on

section 253(2)section 253(1)section 119chief commissionersection 115jsection 254cross objectionfinal assessment ordersection 29section 234bsection 43draft assessment order

Judgments citing Ahmedabad Electricity Co. Ltd. v. CIT

Bachhraj & Company Pvt Ltd., Mumbai vs. Asst CIT Circle- 3 (1)(1), Mumbai

Accordingly, the appeal filed by the assessee is allowed on the same terms

ITA 7348/MUM/2019[2014-15]Status: DisposedITAT Mumbai08 Oct 2021AY 2014-15

Bench: Shri Pramod Kumar () & Shri Ravish Sood () Ita Nos.7348 & 7349/Mum/2019 (Assessment Years: 2014-15 & 2015-16) Bachhraj & Company The Assistant Commissioner Private Limited, 2Nd Floor, Vs. Of Income-Tax, Circle 3(1)(1), Bajaj Bhawan, Room No. 607, Aayakar 226, Nariman Point, Bhavan, M.K. Road, Mumbai – 400 021 Mumbai – 400 020 Pan No. Aaacb5589N (Assessee) (Revenue) Assessee By : Shri Kirit Kamdar, A.R Revenue By : Shri Kprr Murty, D.R Date Of Hearing : 04/10/2021 Date Of Pronouncement : 08/10/2021

For Appellant: Shri Kirit Kamdar, A.RFor Respondent: Shri KPRR Murty, D.R
Section 143(3)Section 14A

…ITA Nos. 7348 & 7349/Mum/2019 A.Ys. 2014-15 & 2015-16 1 Bachhraj & Company Private Limited Vs. The ACIT, Circle-3(1)(1) IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “B” MUMBAI BEFORE SHRI PRAMOD KUMAR (VICE PRESIDENT) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA Nos.7348 & 7349/MUM/2019 (Assessment Years: 2014-15 & 2015-16) Bachhraj & Company The Assistant Commissioner Private Limited, 2nd Floor, Vs. of Income-tax, Circle 3(1)(1), Bajaj Bhawan, Room No. 607, Aayakar 226, Nariman Point, Bhavan, M.K. Road, Mumbai – 400 021 Mumbai – 400 020 PAN No. AAACB5589N (Assessee) (Revenue) Assessee by : Shri Kirit Ka…

DCIT 6(2)(1), Mumbai vs. Ceat Ltd, Mumbai

In the result, appeal of the assessee is allowed, and departmental appeal is treated as infructuous

ITA 673/MUM/2017[2008-09]Status: DisposedITAT Mumbai22 Sept 2021AY 2008-09

Bench: Shri Shamim Yahya, Am & Shri Pavan Kumar Gadale, Jm Dcit-6(2)(1) M/S. Ceat Ltd. Room No.563, Aaykar Bhawan Rpg House, 463 M.K.Road, Churchgate Vs. Dr. Annie Besant Road, Worli Mumbai-400 020 Mumbai-400 030

For Appellant: Shri Vijay MehtaFor Respondent: Shri V. Sreekar & Shri Manprit Duggal
Section 143(3)Section 147Section 148Section 2Section 47

…by your Honor. That in this regard, reliance is placed on the following decisions: a. National Thermal Pozver Corporation v, CIT (229 ITR 383)(SC) b. Jute Corporation of India Ltd v. CJT[187 ITR 688 (Supreme Court) L. Ahemdabad Elect rid I y Co. Ltd v. CIT [199 ITR 351 (Bom) (FB). d. Maruti Suzuki India Ltd Vs. Dy. CIT 16(1), New Delhi [ITA No: 961/Del/20151 in interim order dated 31.10.2019 f. Grasim Industries Ltd (successor to the Aditya Birla Nuvo Ltd) v. Addl. CIT (LTU/I.T.A 2525/Mum/2014 dated 20.12 2019. We find that this issue is duly covered in favour of the assessee by the decision of Hon'ble Bombay H…

Perfetti Van Melle India Pvt. Ltd., Gurgaon vs. ACIT, Circle-3(1), Gurgaon

In the result, the additional ground raised by the assessee is allowed

ITA 463/DEL/2021[2016-17]Status: DisposedITAT Delhi22 Sept 2021AY 2016-17

Bench: The Income Tax Appellate Tribunal, Delhi Bench “I-2”, New Delhi

For Appellant: Mr. Deepak Chopra, AdvFor Respondent: Ms. Meera Shrivastava, CIT (DR)
Section 142(1)Section 143(2)Section 143(3)Section 271(1)(c)Section 80Section 80ISection 92C

…power, proceeded to hold that the Appellate Authority under the IT Act had sufficient powers to permit such a deduction. In taking this view, the Division Bench relied upon the Full Bench decision of this Court in Ahmedabad Electricity Co. Ltd. v. CIT [1993] 199 ITR 351/66 Taxman 27 (Bom.) to hold that the Appellate Authorities under the IT Act have very wide powers while considering an appeal which may be filed by the Assessee. The Appellate Authorities may confirm, reduce, enhance or annul the assessment or remand the case to the Assessing Officer. This is because, unlike an ordinary appeal, the basic purpose…

Reliance Industries Limited, Mumbai vs. DCIT (Ltu)-2, Mumbai

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

ITA 5421/MUM/2019[2009-10]Status: DisposedITAT Mumbai03 Sept 2021AY 2009-10

Bench: Hon’Ble Justice P.P.Bhatt & Shri Shamim Yahya

For Appellant: Shri Nimesh Vora-ARFor Respondent: Ms. R.M.Madhavi-CIT(DR)
Section 115JSection 143(1)Section 154Section 154(7)Section 234D

…n this respect, reliance is placed on following decisions: • Mahalakshmi Textile Mills Limited 66 ITR 710 (SC) • Jute Corporation of India 187 ITR 688 (SC) • National Thermal Power Company Ltd. v. CIT[1998] 229 ITR 383 (SC) • Ahmedabad Electricity Company Ltd 199 ITR 351 (Bom)(FB) In view of the above, the additional ground of appeal filed may be admitted and decided on merits. 10. It has been submitted that the order under section 154 passed on 30-11-2018 is barred by limitation as per section 154(7) of the Act. For ready reference, section 154(7) is reproduced below: (7) Save as otherwise provided in section…

Ashok Kirtanlal Shah, Mumbai vs. Add. CIT CC-22 (1), Mumbai

The appeal of the assessee is allowed in terms of our aforesaid observations

ITA 5842/MUM/2019[2010-11]Status: DisposedITAT Mumbai01 Sept 2021AY 2010-11

Bench: Shri M.Balalganesh () & Shri Ravish Sood () Ashok Kirtanlal Shah Addl. Cit-Range 19(1) (Presently, Addl, Circle 22(1) 401, 4Th Floor, Anand House, Vs. Piramal Chambers, Lal Baug, 13Th Road, Off. Linking Road, Mumbai 400 012 Khar West, Mumbai – 400 052

For Appellant: Shri Dharmesh Shah, A.RFor Respondent: Shri Brajendra Kumar, D.R
Section 143(1)Section 143(2)Section 143(3)Section 14A

…had no power, proceeded to hold that the Appellate Authority under the IT Act had sufficient powers to permit such a deduction. In taking this view, the Division Bench relied upon the Full Bench decision of this Court in Ahmedabad Electricity Co. Ltd Vs CIT (199 ITR 351) to hold that the Appellate Authorities under the IT Act have very wide powers while considering an appeal which may be filed by the Assessee. The Appellate Authorities may confirm, reduce, enhance or annul the assessment or remand the case to the Assessing Officer. This is because, unlike an ordinary appeal, the basic purpose of a tax appeal is…

DCIT-11(1)(2), Mumbai vs. M/S. Sangam India Ltd., Mumbai

Appeal stand dismissed whereas the assessee‟s appeal stands partly allowed for statistical purposes

ITA 1490/MUM/2019[2015-16]Status: DisposedITAT Mumbai26 Jul 2021AY 2015-16

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील िं./ I.T.A. No.1490/Mum/2019 (धििाारण वर्ा / Assessment Year: 2015-16) Dcit-11(1)(2) M/S. Sangam India Ltd. Gf, Room No.1 306, „B‟ Wing बिाम/ Aaykar Bhavan, M.K. Road Dynasty Business Park Vs. Mumbai-400 020 J.B. Nagar, A.K. Road Andheri (E), Mumbai-400 059 स्थायीलेखा िं./ जीआइआर िं./ Pan/Gir No. Aaccs-0486-K (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : & Co No.01/Mum/2021 (धििाारण वर्ा / Assessment Year: 2015-16) M/S. Sangam India Ltd. Dcit-11(1)(2) 306, „B‟Wing Gf, Room No.1 बिाम/ Dynasty Business Park Aaykar Bhavan, M.K. Road Vs. J.B. Nagar, A.K. Road Mumbai-400 020 Andheri (E), Mumbai-400 059 स्थायीलेखा िं./ जीआइआर िं./ Pan/Gir No. Aaccs-0486-K (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee By : Shri Dharmesh Shah-Ld. Ar Revenue By : Shri Ajit Kumar Shrivastava-Ld. Cit-Dr ुनवाई की तारीख/ : 02/07/2021 Date Of Hearing घोषणा की तारीख / : 26/07/2021 Date Of Pronouncement

For Appellant: Shri Dharmesh Shah-Ld. ARFor Respondent: Shri Ajit Kumar Shrivastava-Ld
Section 2(24)

…Bombay High Court in Ultratech Cement Ltd. V/s Addl. CIT (81 Taxmann.com 74; 18/04/2017) wherein the Hon‟ble Court held as under: - 22. Mr.Agarwal then placed reliance upon the Full Bench decision of this Court in Ahmedabad Electricity Co. Ltd. v. CIT [1993] 199 ITR 351/66 Taxman 27. In the above case, the issue involved was whether an additional ground could be raised before the Tribunal with regard to deductibility of the sums transferred to the contingency reserve and dividend control reserve. During the proceedings before the Assessing Officer for the AY 1962-63 to 1971-72, the appellant - assessee did not c…

Perot Systems Business Process Solutions India Private Limited, Bangalore vs. JCIT, Bangalore

In the result, the appeal by the Assessee is allowed while the appeal by the revenue is dismissed

ITA 1248/BANG/2015[2010-11]Status: DisposedITAT Bangalore07 Jul 2021AY 2010-11

Bench: Shri N. V. Vasudevan & Shri Chandra Poojariit(Tp)A No.1246/Bang/2015 Assessment Year : 2010-11 The Joint Commissioner Of Vs. M/S. Dell International Services India Income Tax (Ltu), Pvt. Ltd., (Now Merged Entity M/S. Perot Bengaluru. Systems Business Process Solutions India Pvt. Ltd.,) 12/1, 12/2A, 13/1A, Diyashree Greens, Challaghatta Village, Varthur Hobli, Bengaluru-560 071. Pan : Aaacv 9201 H Appellant Respondent It(Tp)A No.1248/Bang/2015 Assessment Year : 2010-11 M/S. Dell International Services Vs. The Joint Commissioner Of India Pvt. Ltd., (Now Merged Entity Income Tax (Ltu), M/S. Perot Systems Business Process Bengaluru. Solutions India Pvt. Ltd.,) Bengaluru-560 071. Pan : Aaacv 9201 H Appellant Respondent Revenue By : Shri. Muzzafar Hussain, Cit(Dr)(Itat), Bangalore Assessee By : Shri. T.Suryanarayana, Advocate Date Of Hearing : 05.07.2021 Date Of Pronouncement : 07.07.2021 O R D E R Per N. V. Vasudevan: It(Tp)A.No.1246/Bang/2015 Is An Appeal By The Revenue While It(Tp)A.No.1248/Bang/2015 Is An Appeal By The Assessee. Both The Appeals Are It(Tp)A Nos.1246 & 1248/Bang/2015 Page 2 Of 13

For Appellant: Shri. T.Suryanarayana, AdvocateFor Respondent: Shri. Muzzafar Hussain, CIT(DR)(ITAT), Bangalore
Section 142(1)Section 143(2)Section 143(3)Section 144CSection 391

…t set forth in the memorandum of appeal, and in deciding the appeal the Tribunal is not restricted to the grounds set forth in the memorandum of appeal or taken by leave of the Tribunal. Ahmedabad Electricity Co. Ltd. and Godavari Sugar Mills Ltd. vs.  CIT [199 ITR 351 (Bom)] wherein it was held that there is nothing in section 254(1) of the Income Tax Act which limits the jurisdiction of the Appellate Tribunal in any manner. The phrase "pass such order thereon" found in Sec. 254(1) of the Act does not in any way restrict the jurisdiction of the Tribunal but, on the contrary, confers the widest possible jurisdi…

JCIT, Bangalore vs. M/S Perot Systems Business Process Solutions India Pvt. Ltd., Bangalore

In the result, the appeal by the Assessee is allowed while the appeal by the revenue is dismissed

ITA 1246/BANG/2015[2010-11]Status: DisposedITAT Bangalore07 Jul 2021AY 2010-11

Bench: Shri N. V. Vasudevan & Shri Chandra Poojariit(Tp)A No.1246/Bang/2015 Assessment Year : 2010-11 The Joint Commissioner Of Vs. M/S. Dell International Services India Income Tax (Ltu), Pvt. Ltd., (Now Merged Entity M/S. Perot Bengaluru. Systems Business Process Solutions India Pvt. Ltd.,) 12/1, 12/2A, 13/1A, Diyashree Greens, Challaghatta Village, Varthur Hobli, Bengaluru-560 071. Pan : Aaacv 9201 H Appellant Respondent It(Tp)A No.1248/Bang/2015 Assessment Year : 2010-11 M/S. Dell International Services Vs. The Joint Commissioner Of India Pvt. Ltd., (Now Merged Entity Income Tax (Ltu), M/S. Perot Systems Business Process Bengaluru. Solutions India Pvt. Ltd.,) Bengaluru-560 071. Pan : Aaacv 9201 H Appellant Respondent Revenue By : Shri. Muzzafar Hussain, Cit(Dr)(Itat), Bangalore Assessee By : Shri. T.Suryanarayana, Advocate Date Of Hearing : 05.07.2021 Date Of Pronouncement : 07.07.2021 O R D E R Per N. V. Vasudevan: It(Tp)A.No.1246/Bang/2015 Is An Appeal By The Revenue While It(Tp)A.No.1248/Bang/2015 Is An Appeal By The Assessee. Both The Appeals Are It(Tp)A Nos.1246 & 1248/Bang/2015 Page 2 Of 13

For Appellant: Shri. T.Suryanarayana, AdvocateFor Respondent: Shri. Muzzafar Hussain, CIT(DR)(ITAT), Bangalore
Section 142(1)Section 143(2)Section 143(3)Section 144CSection 391

…t set forth in the memorandum of appeal, and in deciding the appeal the Tribunal is not restricted to the grounds set forth in the memorandum of appeal or taken by leave of the Tribunal. Ahmedabad Electricity Co. Ltd. and Godavari Sugar Mills Ltd. vs.  CIT [199 ITR 351 (Bom)] wherein it was held that there is nothing in section 254(1) of the Income Tax Act which limits the jurisdiction of the Appellate Tribunal in any manner. The phrase "pass such order thereon" found in Sec. 254(1) of the Act does not in any way restrict the jurisdiction of the Tribunal but, on the contrary, confers the widest possible jurisdi…

M/S Novozymes South Asia Pvt Ltd, Bangalore vs. Assistant Commissioner of Income Tax Circle-5(1)(1), Bangalore

In the result, both the appeals of the assessee are allowed

ITA 895/BANG/2018[2013-14]Status: DisposedITAT Bangalore29 Jun 2021AY 2013-14

Bench: Shri George George K. & Shri B.R. Baskaranit(Tp)A No.894/Bang/2018 Assessment Year:2012-13

For Appellant: Shri T. Suryanarayan, A.RFor Respondent: Ms. Neera Malhotra, D.R

…power, proceeded to hold that the Appellate Authority under the IT Act had sufficient powers to permit such a deduction. In taking this view, the Division Bench relied upon the Full Bench decision of this Court in Ahmedabad Electricity Co. Ltd. v. CIT [1993] 199 ITR 351/66 Taxman 27 (Bom.) to hold that the Appellate Authorities under the IT Act have very wide powers while considering an appeal which may be filed by the Assessee. The Appellate Authorities may confirm, reduce, enhance or annul the assessment or remand the case to the Assessing Officer. This is because, unlike an ordinary appeal, the basic purpose…

M/S Novozymes South Asia Pvt Ltd, Bangalore vs. Joint Commissioner of Income Tax (OSD) Circle-5(1)(1), Bangalore

In the result, both the appeals of the assessee are allowed

ITA 894/BANG/2018[2012-13]Status: DisposedITAT Bangalore29 Jun 2021AY 2012-13

Bench: Shri George George K. & Shri B.R. Baskaranit(Tp)A No.894/Bang/2018 Assessment Year:2012-13

For Appellant: Shri T. Suryanarayan, A.RFor Respondent: Ms. Neera Malhotra, D.R

…power, proceeded to hold that the Appellate Authority under the IT Act had sufficient powers to permit such a deduction. In taking this view, the Division Bench relied upon the Full Bench decision of this Court in Ahmedabad Electricity Co. Ltd. v. CIT [1993] 199 ITR 351/66 Taxman 27 (Bom.) to hold that the Appellate Authorities under the IT Act have very wide powers while considering an appeal which may be filed by the Assessee. The Appellate Authorities may confirm, reduce, enhance or annul the assessment or remand the case to the Assessing Officer. This is because, unlike an ordinary appeal, the basic purpose…

The Sarswat Co-Operative Bank Ltd., Mumbai vs. ITO 1 (3)(1), Mumbai

ITA 6609/MUM/2019[2013-14]Status: DisposedITAT Mumbai28 Jun 2021AY 2013-14

Bench: Shri S. Rifaur Rahman & Shri Ravish Sood

For Appellant: Shri Anil Sathe, A.RFor Respondent: Shri Neehar Pandey, CIT D.R
Section 143(3)Section 14ASection 3Section 36(1)(vii)Section 36(1)(viia)

…r a fresh or new ground or claim is not restricted to cases where such a ground did not exist when the return was filed and the assessment order was made. 16(A). A Full Bench of this Court in Ahmedabad Electricity Limited v. Commissioner of Income-tax, (1993) 199 ITR 351 considered a similar situation. In that case, the appellant/assessee did not claim a deduction in respect of the amounts it was required to transfer to contingencies reserve and dividend and tariff reserve either before the Income Tax Officer or before the Appellate Assistant Commissioner in appeal. Subsequently, this Court had, in Amalgamated El…

Textron India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-5(1)(1), Bangalore

In the result, the appeal of the assessee is allowed

ITA 1342/BANG/2017[2008-09]Status: DisposedITAT Bangalore23 Jun 2021AY 2008-09

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2008-09

For Appellant: Shri Sumeet Khurana, CAFor Respondent: Shri Kannan Narayanan, Jt.CIT(DR)(ITAT), Bengaluru
Section 10ASection 143(3)Section 148Section 271(1)(c)Section 40

…was available on record before the CIT(Appeals) and pleaded that the additional grounds be admitted relying on the following judgments:- • Jute Corporation of India Ltd. 187 ITR 688 (SC) • Ahmedabad Electricity Co. Ltd. and Godavari Sugar Mills Ltd. v. CIT, 199 ITR 351 (Bom) • New India Industries Ltd., 207 ITR 1010 (Guj) • National Thermal Power Co. Ltd. v. CIT, 229 ITR 383 (SC) • Ashok Vardhan Birla, 208 ITR 958 (Bom) • Controller of Estate Duty v. R. Brahadeeswaran, 163 ITR 680 (Mad) 5. On the other hand, the ld. DR raised serious objections for admission of additional grounds. Page 4 of 17 6. We have peru…

Ajanta Pharma Ltd., Mumbai vs. DCIT, CC-7(2), Mumbai

The appeal of the assessee is allowed in terms of our aforesaid observations

ITA 4785/MUM/2019[2015-16]Status: DisposedITAT Mumbai25 May 2021AY 2015-16

Bench: Shri Rajesh Kumar () & Shri Ravish Sood () Ita No.4784 & 4785/Mum/2019 (Assessment Years: 2015-16 & 2016-17) M/S Ajanta Pharma Ltd. Dy. Commissioner Of 98, Ajanta House, Vs. Income-Tax-Central Circle 6(2),19Th Floor, Air India Govt. Industrial Area, Hindustan Naka, Building, Nariman Point, Charkop,Kandivli (West), Mumbai – 400 021. Mumbai – 400 067. Pan No. Aaaca5579P (Appellant) (Respondent)

For Appellant: Shri J.D. Mistri, Senior AdvocateFor Respondent: Shri Rajeev Harit, CIT D.R
Section 143(2)Section 37(1)

…a fresh or new ground or claim is not restricted to cases where such a ground did not exist when the return was filed and the assessment order was made. 16(A). A Full Bench of this Court in Ahmedabad Electricity Limited v. Commissioner of Income-tax, (1993) 199 ITR 351 considered a similar situation. In that case, the appellant/assessee did not claim a deduction in respect of the amounts it was required to transfer to contingencies reserve and dividend and tariff reserve either before the Income Tax Officer or before the Appellate Assistant Commissioner in appeal. Subsequently, this Court had, in Amalgamated El…

Ajanta Pharma Ltd., Mumbai vs. DCIT, CC-7(2), Mumbai

The appeal of the assessee is allowed in terms of our aforesaid observations

ITA 4784/MUM/2019[2016-17]Status: DisposedITAT Mumbai25 May 2021AY 2016-17

Bench: Shri Rajesh Kumar () & Shri Ravish Sood () Ita No.4784 & 4785/Mum/2019 (Assessment Years: 2015-16 & 2016-17) M/S Ajanta Pharma Ltd. Dy. Commissioner Of 98, Ajanta House, Vs. Income-Tax-Central Circle 6(2),19Th Floor, Air India Govt. Industrial Area, Hindustan Naka, Building, Nariman Point, Charkop,Kandivli (West), Mumbai – 400 021. Mumbai – 400 067. Pan No. Aaaca5579P (Appellant) (Respondent)

For Appellant: Shri J.D. Mistri, Senior AdvocateFor Respondent: Shri Rajeev Harit, CIT D.R
Section 143(2)Section 37(1)

…a fresh or new ground or claim is not restricted to cases where such a ground did not exist when the return was filed and the assessment order was made. 16(A). A Full Bench of this Court in Ahmedabad Electricity Limited v. Commissioner of Income-tax, (1993) 199 ITR 351 considered a similar situation. In that case, the appellant/assessee did not claim a deduction in respect of the amounts it was required to transfer to contingencies reserve and dividend and tariff reserve either before the Income Tax Officer or before the Appellate Assistant Commissioner in appeal. Subsequently, this Court had, in Amalgamated El…

Morgan Stanley Advantage Services P.Ltd, Mumbai vs. DCIT Cir 9(2), Mumbai

In the result, appeal is partly allowed

ITA 625/MUM/2014[2009-10]Status: DisposedITAT Mumbai10 May 2021AY 2009-10

Bench: Shri Saktijit Dey & Shri S. Rifaur Rahman

For Appellant: Shri Sunil LalaFor Respondent: Shri A Mohan
Section 10ASection 143(3)Section 144C(5)

…in it has been held that the additional ground of appeal can be raised if the facts are on record:- i. Jute Corporation Of India Limited 187 ITR 688 (SC); ii. National Thermal Power Co. Limited Vs. CIT 229 ITR 383 (SC); iii. Ahmedabad Electricity Co. Limited 199 ITR 351 (Bom) (FB). 4. The learned Departmental Representative, on the other hand, made following submissions on the issue of “additional ground” raised by the assessee. “On 12.02.2021 assessee has filed a copy of „additional ground‟ filed before the bench. It was followed up by a written note on 15.02.2021. 6 Morgan Stanley Advantage Services Pvt. Ltd…

Income Tax Officer, Ward-17(2), Hyderabad vs. Elgen (India) Private Limited, Hyderabad

In the result, appeal of the revenue is allowed

ITA 244/HYD/2019[2015-16]Status: DisposedITAT Hyderabad30 Apr 2021AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahuassessment Year: 2015-16 Income-Tax Officer, Vs. Elgen (India) Pvt Ltd., Ward - 17(2), Hyderabad. Hyderabad. Pan – Aaace 8520C (Appellant) (Respondent) Revenue By: Shri Rohit Mujumdar Assessee By: Shri M. Poorna Chander Rao Date Of Hearing: 15/03/2021 Date Of Pronouncement: 30/04/2021

For Appellant: Shri M. Poorna Chander RaoFor Respondent: Shri Rohit Mujumdar
Section 143(3)

…ces to others also and could not respond to our query during the course of hearing. Exercising the powers u/s 254 of the IT Act and relying on the decision of Bombay High Courts full Bench decision in the case of Ahmedabad Electricity CO. Ltd., Vs. CIT [1993] 199 ITR 351 (Bom), we observed that section 254 involving the statutory expression “may pass such orders” ‘as it thinks fit’ confers widest possible jurisdiction on the Tribunal. :- 8 -: Elgen (India) Pv. Ltd., Hyd. 8.1 The ld. AO and the Sr. DR has discussed this issue and facts of the case in detail and has relied on the decision of the Hon’ble Apex cour…

Itd Cementation India Ltd., Mumbai vs. DCIT- 14(2)(1), Mumbai

In the result, appeal of the assessee in ITA

ITA 5869/MUM/2018[2014-15]Status: DisposedITAT Mumbai21 Apr 2021AY 2014-15

Bench: Us For Which Necessary Endorsement Was Made By Him In Our Files. Accordingly, The Ground No.4 Is Dismissed As Not Pressed For Both The Years.

Section 143(3)Section 14A

…ITD Cementation India Ltd., Thermal Power Co. Ltd. v. CIT‟, 229 ITR 383 (SC) and „Jute Corporation of India Ltd. Vs. CIT‟, 187 ITR 688 (SC), and the Full Bench decision of the Hon'ble Bombay High Court in the case of „Ahmedabad Electricity Co. Ltd. Vs. CIT‟, 199 ITR 351 (Bom.). In fact, as rightly submitted on behalf of the assessee, this is the settled position of law, as has been held by the Hon'ble Bombay High Court in the case of „Ultratech Cement Ltd. Vs. ACIT‟, 81 taxmann.com 74. It remains undisputed that this issue could not be raised either at the time of filing of the return of income on 15 th October,…

Bachhraj Factories Pvt Ltd., Mumbai vs. ACIT Circle-3(1)(1), Mumbai

In the result, the appeal of the assessee is hereby partly allowed

ITA 3986/MUM/2019[2014-15]Status: DisposedITAT Mumbai07 Apr 2021AY 2014-15
For Appellant: Shri Kirit KamdarFor Respondent: Shri Tharian Oommen (DR)
Section 143(2)Section 14A

…power, proceeded to hold that the Appellate Authority under the IT Act had sufficient powers to permit such a deduction. In taking this view, the Division Bench relied upon the Full Bench decision of this Court in Ahmedabad Electricity Co. Ltd. v. CIT [1993] 199 ITR 351/66 Taxman 27 (Bom.) to hold that the Appellate Authorities under the IT Act have very wide powers while considering an appeal which may be filed by the Assessee. The Appellate Authorities may confirm, reduce, enhance or annul the assessment or remand the case to the Assessing Officer. This is because, unlike an ordinary appeal, the basic purpose…

Nagar Urban Co-Operative Bank Limited, Ahmednagar vs. Deputy Commissioner of Income-Tax, Ahmednagar Circle, Ahmednagar

In the result, the appeal of the assessee stands partly allowed for statistical purposes

ITA 2555/PUN/2017[2012-13]Status: DisposedITAT Pune24 Mar 2021AY 2012-13

Bench: Shri Inturi Rama Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.2555/Pun/2017 िनधा"रण वष" / Assessment Year : 2012-13 Nagar Urban Co-Operative Bank Ltd., Post Box No.7, Central Bank Road, Ahmednagar-414001. .......अपीलाथ" / Appellant Pan : Aaaan0509L बनाम / V/S. Dcit, Ahmednagar Circle, ……""यथ" / Respondent Ahmednagar. Assessee By : None Revenue By : Shri Vitthal Bhosale सुनवाई क" तारीख / Date Of Hearing : 23.03.2021 घोषणा क" तारीख / Date Of Pronouncement : 24.03.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)- 2, Pune (‘Cit(A)’ For Short) Dated 20.07.2017 For The Assessment Year 2012-13. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. That The Learned Acit Ahmednagar Has Erred On The Facts & In The Circumstances In Not Allowing Claims Made During The Course Of Hearing For Exempted Income Of Dividend Of Rs. 1487135/- & Expenses Debited To P & L A/C On Account Of Depreciation On Govt. Securities Rs. 11200000/- To Be Allowed As Exempted Income As Well As Allowable Expenses & The Same Were Also Dismissed By The Commissioner Of Income Tax (Appeals) Ii Pune. 2. That Your Appellant Prays That He May Be Allowed To Add, To Alter Or Amend The Above Grounds Of Appeal.”

For Appellant: NoneFor Respondent: Shri Vitthal Bhosale
Section 41(1)

…ies. The Hon’ble Jurisdictional High Court in the following decisions held as above :- (i) Sesa Goa Ltd. vs. JCIT, 117 taxman 96 (Bom.); (ii) CIT vs. Pruthvi Brokers and Shareholders Pvt. Ltd., 349 ITR 336 (Bom.); (iii) Ahmedabad Electricity Co. Ltd. vs. CIT, 199 ITR 351 (Bom.) 9. In view of the series of decisions of the Hon’ble Jurisdictional High Court cited above (supra), we find that there are no fetters on the powers of 4 ld. CIT(A) to admit and adjudicate the additional grounds of appeal made before him, notwithstanding the fact that no such claims were made before the Assessing Officer. That apart, it has…

Il & Fs Transportation Networks Limited, Mumbai vs. Assistant Commissioner of Income Tax - Range - 14(2)(1), Mumbai

ITA 4177/MUM/2018[2012-13]Status: DisposedITAT Mumbai15 Feb 2021AY 2012-13

Bench: Shri S. Rifaur Rahman & Shri Ravish Soodil & Fs Transportation Networks Asstt. Commissioner Of Limited, The Il & Fs Financial Income-Tax, Range -14(2)(1), Center, Plot No.C-22, Room No. Aaykar Bhavan, Maharshi Karve Vs. 460, 4Th Floor, G Block, Bandra- Road, Marine Lines, Kurla Complex, Bandra (E), Mumbai – 400 020 Mumbai – 400 051 Pan – Aabcc5460A (Appellant) (Respondent) Dcit -14(2)(1), M/S Il & Fs Transportation Network 432, 4Th Floor, Aayakar Bhavan, Ltd., Il & Fs Financial Centre, 8Th Vs. Mumbai – 400 020 Floor, C-22, G Block, B.K.C. Bandra (E), Mumbai – 400051

For Appellant: Shri Sandeep Bhalla, A.RFor Respondent: Shri Sushil Kumar Mishra, D.R
Section 143(3)Section 14A

…had no power, proceeded to hold that the Appellate Authority under the IT Act had sufficient powers to permit such a deduction. In taking this view, the Division Bench relied upon the Full Bench decision of this Court in Ahmedabad Electricity Co. Ltd Vs CIT (199 ITR 351) to hold that the Appellate Authorities under the IT Act have very wide powers while considering an appeal which may be filed by the Assessee. The Appellate Authorities may confirm, reduce, enhance or annul the assessment or remand the case to the Assessing Officer. This is because, unlike an ordinary appeal, the basic purpose of a tax appeal is…