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 366,470 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

Issues it is cited on

Judgments citing Ahmedabad Electricity Co. Ltd. v. CIT

Tata Steel Limited (Successor to Tata Steel Long Products Limited), Kolkata vs. ACIT, Circle Rourkela, Rourkela

In the result, the appeal of the assessee is allowed

ITA 241/CTK/2023[2014-15]Status: DisposedITAT Cuttack22 May 2024AY 2014-15

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalassessment Year : 2014-15 Tata Steel Ltd. ( Tata Steel Ltd. (Successor To Vs. Asst. Commis Asst. Commissioner Of Income Tata Steel Long Products Ltd. Tata Steel Long Products Ltd.), Tax-, Circle Circle- Rourkela Bileipada, Joda, Keonjhar Bileipada, Joda, Keonjhar Pan/Gir No Pan/Gir No.Aaact 2803 M (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Ms Shreya Loyalka, Ca : Ms Shreya Loyalka, Ca Revenue By : Shri Sanjay Kumar, Cit : Shri Sanjay Kumar, Cit Dr Date Of Hearing : 22/0 05/2024 Date Of Pronouncement : 22/0 /05/2024 O R D E R Per Bench

For Appellant: Ms Shreya Loyalka, CAFor Respondent: Shri Sanjay Kumar, CIT
Section 147Section 148Section 37

…n placed on various judicial pronouncements which are as under: P a g e 2 | 11 Assessment Year : 2014-15 1) NTPC Ltd vs CIT (1998) 229 ITR 383 (SC) 2. Jute Corporation of India Ltd vs CIT(1991) 187 ITR 688 (SC) 3. Ahmedabad Electricity Co Ltd. Vs CIT(1993) 199 ITR 351 (Bom) 4. DCIT vs Wheels India Ltd (ITA No.251/Chny/2010 order dated 14th March, 2014 5. All Cargo Global Logistics Ltd vs DCIT (ITA No.5018/Mum/2010) order dated 6th July, 2012. 5. Per contra, ld. CIT D.R objected to the admission of the additional grounds taken and submits that if the assessee has any objections regarding the validity of the re-…

Dhanterash Sales Private Limited., Kolkata vs. ITO, Ward-12(1), Kolkata.

In the result, the appeal of the assessee stands allowed

ITA 1184/KOL/2023[2014-15]Status: DisposedITAT Kolkata26 Feb 2024AY 2014-15

Bench: Shri Sanjay Garg & Shri Rajesh Kumari.T.A. No.1184/Kol/2023 Assessment Year: 2014-15 Dhanterash Sales Pvt. Ltd………….........................…………………….……Appellant 229, Ajc Bose Road, Kolkata – 700020. [Pan: Aadcd2722L] Vs. Ito, Ward-12(1), Kolkata………..…..…….…..….........…........……...…..…..Respondent Appearances By: Shri Akkal Dudhewala, Ar, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit- Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 21, 2024 Date Of Pronouncing The Order : February 26, 2024 Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 01.11.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’).

Section 143(3)Section 250Section 263Section 69C

…the additional grounds and decide on merits. In respect of the above proposition, we rely on the following decisions:  National Thermal Power Co. Ltd. Vs. CIT 229 ITR 383 (SC)  Jute Corporation Of India Ltd. 187 ITR 688 (SC)  Ahmedabad Electricity Co. Ltd. 199 ITR 351 (Bom) (FB) In view of the above, we request your Honour to kindly consider our additional ground of appeal and decide on merits.” 4. A perusal of the above grounds of appeal would reveal that apart from challenging the additions made/confirmed by the lower authorities on merits, the assessee has also assailed the validity of the assessment order…