Ahmedabad Electricity Co. Ltd. v. CIT

Futura Polysters Ltd, Mumbai vs. Income Tax Officer 6(3)(1), Mumbai

Bench: Shri Pramod Kumar & Shri Ravish Soodita Nos.1459-1460/Mum/2018 (Assessment Year: 2013-14) Futura Polyster Limited Ito 6(3)(1) B-22, T.V. Indl Estate, Aayakar Bhavan, Vs. S.K. Ahire Marg, Worli, M.K. Road, Churchgate, Mumbai – 400 030 Mumbai – 400 020 Pan – Aaaci3404K (Appellant) (Respondent) Appellant By: Shri Vijay Mehta & Shri Anuj Kisnadwala, A.R‘S Respondent By: Shri Debashis Chanda, D.R Date Of Hearing: 15.01.2020 Date Of Pronouncement: 16.07.2020

…229 ITR 383 (SC); and (ii) Jute Corporation of India Ltd. Vs. CIT (1991) 187 ITR 688 (SC). Also support was drawn by him from the judgment of the ‗full bench‘ of the Hon‘ble High Court of Bombay in the case of Ahmedabad Electricity Company Ltd. Vs. CIT (1993) 199 ITR 351 (Bom) (FB). Per contra, the ld. Departmental Representative (for short ‗D.R‘) objected to the admission of the additional grounds of appeal. 3. We have heard the authorized representatives for both the parties in context of the issue pertaining to the admission of the additional grounds of appeal. In our considered view there is substantial force…

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

The appeal of the revenue is dismissed

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

…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, P a g e | 14 unlike an ordinary appeal, the basic purpose of a…

Volkswagen Finance P.Ltd, Mumbai vs. ITO (It) 4(3)(2), Mumbai

In the result, the appeal is dismissed

…the Tribunal is more than clear as per decision of Allahabad High Court in the case of Phool Chand Gajanand v. CIT [1966] 62 ITR 232 which has been applied by Full Bench of jurisdictional High Court in the case of Ahmedabad Electricity Co. Ltd. v. CIT [1993] 199 ITR 351 (Bom.). Their Lordships have discussed in detail, as to how powers of the Tribunal are to be exercised. In the case of Hukumchand Mills Ltd. v. CIT [1967] 63 ITR 232 (SC), which has been followed by the Hon'ble Bombay High Court's Full Bench judgment in the case of Ahmedabad Electricity Co. Ltd. (supra). Their Lordships of Hon'ble Supreme Court w…

Manubhai Gems Pvt Ltd, Mumbai vs. DCIT CC2 (3), Mumbai

The appeal stands partly allowed in terms of our order

Bench: Hon’Ble Shri Amarjit Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am

…has been placed on the decision of Hon'ble Supreme Court in National Thermal Power Corporation Vs. CIT [229 ITR 383]; Jute Corporation of India Ltd. Vs. CIT [187 ITR 688] and the decision of Hon’ble Bombay High Court in Ahmedabad Electricity Co. Ltd. vs. CIT [199 ITR 351]. Going by the ratio of aforesaid decisions, the additional ground was admitted. 3 Manubhai Gems Private Limited Assessment Year :2010-11 1.3 We have carefully heard the arguments advanced by both the representatives vis-à-vis grounds of appeal. We have also perused relevant material on record including documents placed in the paper- book. The j…

Essar Ports Ltd, Mumbai vs. DCIT 5(1)(2), Mumbai

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

Bench: Shri M.Balaganesh & Shri Ravish Soodm/S Essar Ports Ltd. Dcit, 5(1)(2) (Formerly Known As Essar Shipping Ports & Logistics Ltd.) Aayakar Bhavan, 11, K.K. Marg, Mahalaxmi, Vs. Mumbai - 400020 Mumbai – 400 034

…Pvt. Ltd. Vs. Dy. CIT [ITA 3307/Mum/2014, dated 13.12.2017] (Mum). In the said case, the Tribunal relying on the judgment of the Hon‟ble High Court of Bombay in the case of Ahmedabad Electricity Company ltd. Vs. CIT, & Godavari Sugar Mills Ltd. Vs. CIT (1993) 199 ITR 351 (Bom), had observed, that the purpose of an appeal in an income tax matter is to ascertain the correct tax liability of the assessee in accordance with law. On the basis of its aforesaid observation, the tribunal had observed that as there is no estoppel against law, therefore, income wrongly declared under a wrong notion or under mistaken notion…

The DCIT Cir 3(1), Mumbai vs. M/S. Gujarat Ambuja Cements Ltd, Mumbai

Appeal stand partly allowed to the extent indicated in the order

Bench: Hon’Ble Shri Mahavir Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ I.T.A. No.7486/Mum/2007 (िनधा"रण वष" / Assessment Year:2004-05) Acit-(Ltu)-1 Ambuja Cements Limited बनाम/ World Trade Centre [Earlier Known As Gujarat Ambuja Cements Ltd.] Elegant Business Park Centre-1, 29Th Floor, Vs. Midc Cross Road “B”, Off Andheri-Kurla Road Cuffe Parade, Mumbai-05. Andheri (E), Mumbai-400 059. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacg-0569-P (अपीलाथ"/Appellant) (""थ" / Respondent) : & आयकरअपील सं./ I.T.A. No.7494/Mum/2007 (िनधा"रण वष" / Assessment Year:2004-05) Ambuja Cements Limited Dcit–Range-3(1) [Earlier Known As Gujarat Ambuja Cements Ltd] बनाम/ Aaykar Bhavan, M.K. Road Elegant Business Park Mumbai-400 020. Vs. Midc Cross Road “B”, Off Andheri-Kurla Road Andheri (E), Mumbai-400 059. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacg 0569 P (अपीलाथ"/Appellant) (""थ" / Respondent) : & C.O. No.222/Mum/2017 [Arising Out Of Ita No. 7494/Mum/2007] (िनधा"रण वष" / Assessment Year:2004-05) Acit-(Ltu)-1 Ambuja Cements Limited बनाम/ [Earlier Known As Gujarat Ambuja Cements Ltd.] World Trade Centre Elegant Business Park Centre-1, 29Th Floor, Vs. Midc Cross Road “B”, Off Andheri-Kurla Road Cuffe Parade, Mumbai-05. Andheri (E), Mumbai-400 059. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacg-0569-P (अपीलाथ"/Appellant) (""थ" / Respondent) :

…been raised to admit the said additional ground of appeal. Reliance has been placed on the decision of Hon’ble Apex Court in Jute Corporation of India Ltd. V/s CIT (187 ITR 688), decision of jurisdictional High Court in Ahmedabad Electricity Co. Ltd. V/s CIT (199 ITR 351) and the decision of this Tribunal in Nivea India P.Ltd. V/s DCIT (2017 189 TTJ 422). 5.2 Au Contraire, the revenue has filed cross-objections, against admission of additional ground of appeal, at this stage. The objection raised by revenue read as under: - Whether on the facts and in the circumstances of the case, the assessee is right in filing…

Mentor Capital Ltd, Mumbai vs. DCIT Cen Cir 3(3), Mumbai

In the result, appeals of the assessee are allowed as indicated above and appeals of the revenue are dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

…and having a bearing on the tax liability of the assessee. 52 The full bench of the Hon'ble Bombay High Court in the cases of "Ahmedabad Electricity Company Ltd. vs. CIT" and "Godavari Sugar Mills Ltd. vs. CIT" by way of a common order dated 30.04.1992 (1993) 199 ITR 351 has observed that the basic purpose of an appeal procedure in an income tax matter is to ascertain the correct 9 ITA.NOs. 605, 606, 1476 & 1479/MUM/2018 M/s. Mentor Capital Limited tax liability of the assessee in accordance with law. Therefore, at both the stages, either by the Appellate Assistant Commissioner or before the Appellate Tribunal,…

Mentor Capital Ltd, Mumbai vs. DCIT Cen Cir 3(3), Mumbai

In the result, appeals of the assessee are allowed as indicated above and appeals of the revenue are dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

…and having a bearing on the tax liability of the assessee. 52 The full bench of the Hon'ble Bombay High Court in the cases of "Ahmedabad Electricity Company Ltd. vs. CIT" and "Godavari Sugar Mills Ltd. vs. CIT" by way of a common order dated 30.04.1992 (1993) 199 ITR 351 has observed that the basic purpose of an appeal procedure in an income tax matter is to ascertain the correct 9 ITA.NOs. 605, 606, 1476 & 1479/MUM/2018 M/s. Mentor Capital Limited tax liability of the assessee in accordance with law. Therefore, at both the stages, either by the Appellate Assistant Commissioner or before the Appellate Tribunal,…

DCIT Cen Cir 3(3), Mumbai vs. Mentor Capital Ltd, Mumbai

In the result, appeals of the assessee are allowed as indicated above and appeals of the revenue are dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

…and having a bearing on the tax liability of the assessee. 52 The full bench of the Hon'ble Bombay High Court in the cases of "Ahmedabad Electricity Company Ltd. vs. CIT" and "Godavari Sugar Mills Ltd. vs. CIT" by way of a common order dated 30.04.1992 (1993) 199 ITR 351 has observed that the basic purpose of an appeal procedure in an income tax matter is to ascertain the correct 9 ITA.NOs. 605, 606, 1476 & 1479/MUM/2018 M/s. Mentor Capital Limited tax liability of the assessee in accordance with law. Therefore, at both the stages, either by the Appellate Assistant Commissioner or before the Appellate Tribunal,…

DCIT Cen Cir 3(3), Mumbai vs. Mentor Capital Ltd, Mumbai

In the result, appeals of the assessee are allowed as indicated above and appeals of the revenue are dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

…and having a bearing on the tax liability of the assessee. 52 The full bench of the Hon'ble Bombay High Court in the cases of "Ahmedabad Electricity Company Ltd. vs. CIT" and "Godavari Sugar Mills Ltd. vs. CIT" by way of a common order dated 30.04.1992 (1993) 199 ITR 351 has observed that the basic purpose of an appeal procedure in an income tax matter is to ascertain the correct 9 ITA.NOs. 605, 606, 1476 & 1479/MUM/2018 M/s. Mentor Capital Limited tax liability of the assessee in accordance with law. Therefore, at both the stages, either by the Appellate Assistant Commissioner or before the Appellate Tribunal,…