How many judgments cite Allied Motors (P) Ltd. v. CIT?

398 judgments on BharatTax cite Allied Motors (P) Ltd. v. CIT (224 ITR 677), spanning 2005 to 2026.

Which sections of the Income Tax Act does Allied Motors (P) Ltd. v. CIT come up under?

It is most often cited in judgments turning on Section 40(a)(ia), Section 43B, Section 143(3), Section 194C, Section 195, Section 50C.

Allied Motors (P) Ltd. v. CIT

224 ITR 677Supreme Court of India1997#182 most cited

What is Allied Motors (P) Ltd. v. CIT authority for?

Amendments to the Income-tax Act that are curative, clarificatory, or beneficial in nature apply retrospectively from the date the original statutory provision was introduced, even if not explicitly stated.

398

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2005 to 2026.

Also referred to as

Allied Motors (P) Ltd. v. CIT · retrospective application · curative amendment · clarificatory amendment · beneficial amendment · Section 43B · Section 50C · Section 194N · date of introduction · statutory interpretation

Also reported as

3 SCC 47291 Taxmann 205

Sections most often in play

Section 40(a)(ia)Section 43B Section 143(3)Section 194C Section 195 Section 50C Section 147 Section 250

Read the full judgment

Issues it is cited on

section 43(b)section 3(b)section 36(va)section 43b(b)section 34(1)(iv)actual payment basis section 34(1)section 2(c)section 36(1)(iv)section 36(l)section 40a(2)section 2(24)(x)

Judgments citing Allied Motors (P) Ltd. v. CIT

DCIT Corporate Circle 5(1), Chennai vs. Repco Home Finance P Ltd., Chennai

In the result, the appeal of Revenue in ITA no

ITA 2885/CHNY/2017[2013-14]Status: DisposedITAT Chennai17 Jun 2020AY 2013-14

Bench: Shri George Mathan & Shri Ramit Kochar

For Appellant: JCITFor Respondent: Shri M. Viswanathan, C.A

Section 143(3)Section 14ASection 36(1)Section 36(1)(va)Section 36(1)(viii)

…, which is made applicable by the Parliament only with effect from 1-4-2004, would become curative in nature, hence, it would apply retrospectively with effect from 1-4-1988. Secondly, it may be noted that, in the case of Allied Motors (P.) Ltd. v. CIT [1997] 224 ITR 677(SC), the scheme of section 43B of the Act came to be examined. In that case, the question which arose for determination was, whether sales tax collected by the assessee and paid after the end of the relevant previous year but within the time allowed under the relevant Sales Tax law should be disallowed under section 43B of the Act while computing…

Dulari Devi Hetamsaria, Legal Heir of Late Shyam Sunder Hetamsaria, Ranchi vs. ACIT, Circle - 3, Asansol

In the result, the appeal of the assessee is allowed

ITA 1290/KOL/2018[2008-09]Status: DisposedITAT Kolkata12 Jun 2020AY 2008-09

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1290/Kol/2018 ("नधा"रणवष" / Assessment Year:2008-09)

For Appellant: Shri K. M . Roy, FCAFor Respondent: Shri Supriyo Paul, JCIT

Section 142ASection 143(3)Section 69

…which is made applicable by the Parliament only with effect from 1-4-2004, would become curative in nature, hence, it would apply retrospectively with effect from 1-4- 1988. Secondly, it may be noted that, in the case of Allied Motors (P.) Ltd. v. CIT [1997] 224 ITR 677(SC), the scheme of section 43B of the Act came to be examined. In that case, the question which arose for determination was, whether sales tax collected by the assessee and paid after the end of the relevant previous year but within the time allowed under the relevant Sales Tax law should be disallowed under section 43B of the Act while computing…

Brig. Narayan Nayak, Bhubaneswar vs. ACIT-5(1), Bhubaneswar

In the result, ITA No.30/CTK/2017 is partly allowed for

ITA 230/CTK/2019[2012-13]Status: DisposedITAT Cuttack05 Jun 2020AY 2012-13

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.30/Ctk/2017 & आयकर अपीऱ सं./Ita No.230/Ctk/2019 (नििाारण वषा / Assessment Year :2012-2013) Brig. Narayan Nayak, Vs. Dcit, Circle-5(1), Prop: M/S Industrial Security & Bhubaneswar Allied Services, F3-F5, Id Market, Irc Village, Nayapalli, Bhubanesar-751015 स्थायी लेखा सं./Pan No. : Abapn 3373 Q (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee By : Shri P.K.Sahoo, Ca िाजस्व की ओर से /Revenue By : Shri Subhendu Dutta, Dr सुनवाई की तािीख / Date Of Hearing : 25/02/2020 घोषणा की तािीख/Date Of Pronouncement : 05/06/2020 आदेश / O R D E R Per L.P.Sahu, Am: The Assessee Has Filed The Above Two Appeals, One Is Against The Order Passed By The Cit(A)-2, Dated 27.10.2016 Arising Out Of The Order Passed By The Ao U/S.143(3) Of The Act & Another Is Against The Order Passed By The Cit(A)-2, Bhubaneswar, Dated 14.04.2019 Arising Out Of The Order Passed By The Ao U/S.271(1)(C) Of The Act. 2. First We Shall Take Up The Appeal Of The Assessee In Ita No.30/Ctk/2017, Wherein The Assessee Has Raised The Following Grounds :-

For Appellant: Shri P.K.Sahoo, CAFor Respondent: Shri Subhendu Dutta, DR

Section 139(1)Section 143(3)Section 271(1)(c)Section 40Section 43BSection 44A

…आयकर अपीऱीय अधिकरण, कटक न्यायपीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK BEFORE SHRI C.M. GARG, JM & SHRI L.P. SAHU, AM आयकर अपीऱ सं./ITA No.30/CTK/2017 AND आयकर अपीऱ सं./ITA No.230/CTK/2019 (नििाारण वषा / Assessment Year :2012-2013) Brig. Narayan Nayak, Vs. DCIT, Circle-5(1), Prop: M/s Industrial Security & Bhubaneswar Allied Services, F3-F5, ID Market, IRC Village, Nayapalli, Bhubanesar-751015 स्थायी लेखा सं./PAN No. : ABAPN 3373 Q (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee by : Shri P.K.Sahoo, CA िाजस्व की ओर से /Revenue by : Shri Subhendu Dutta, DR सुन…

Brig.Narayan Nayak, Bhubaneswar vs. DCIT, Circle-5(1), Bhubaneswar

In the result, ITA No.30/CTK/2017 is partly allowed for

ITA 30/CTK/2017[2012-13]Status: DisposedITAT Cuttack05 Jun 2020AY 2012-13

For Appellant: Shri P.K.Sahoo, CAFor Respondent: Shri Subhendu Dutta, DR

Section 139(1)Section 143(3)Section 271(1)(c)Section 40Section 43BSection 44A

Commissioner of Customs (Port) Kolkata vs. M/S. Steel Authority of India Ltd

The appeal is dismissed

C.A. No.-006398-006398 - 2009Supreme Court27 Apr 2020

Bench: HON'BLE MR. JUSTICE ANIRUDDHA BOSE

…the Commissioner of Customs (Appeals) by two separate orders passed on 11th July, 2001 and 7th September 2001. We find from the orders of 8 the Appellate authority that the case of TISCO vs. Commissioner of Central Excise Customs reported in (2000) 3 SCC 472 was cited before it by SAIL. This decision was distinguished by the Appellate authority and the findings of the authority of first instance was sustained on the basis of Rule 9(1)(e) of the 1988 Rules. 6. Further appeals of SAIL however, was decided in their favour by Customs, Excise and Service Tax, Appellate Tribunal, Kolkata (CESTAT) by…

Shri Jaikishan Parchani, Indore vs. The ITO-5(5), Indore

Appeal are allowed for

ITA 673/IND/2019[2015-16]Status: DisposedITAT Indore06 Mar 2020AY 2015-16

Bench: Shri Kul Bharatassessment Year: 2015-16

Section 143(3)Section 56(2)(ii)Section 56(2)(vii)

…[ITA No.673/Ind/2019] [Shri Jaykishan Parchani, Indore] IN THE INCOME TAX APPELLATE TRIBUNAL INDORE SMC BENCH, INDORE BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER Assessment Year: 2015-16 Shri Jaykishan Parchani ITO-5(5) S/o Shri Arjun Parchani, 123, Indore बनाम/ B.K. Sindhi Colony, Vs. Indore (Appellant) (Revenue ) P.A. No.AIHPP0129L Appellant by Shri Rajesh Mehta, CA Respondent by Shri R.P. Mourya, Sr. DR Date of Hearing: 03.03.2020 Date of Pronouncement: 06.03.2020 आदेश / O R D E R This appeal by the assessee is directed against order of the CIT(A)-I, Indore dated 06.03.2019 pertaining to the assessment year 2…

Manoj Mittal, Delhi vs. ACIT, New Delhi

Appeal is dismissed

ITA 4596/DEL/2016[2010-11]Status: DisposedITAT Delhi19 Feb 2020AY 2010-11

Bench: Shri Amit Shukla & Shri Anadee Nath Misshra

For Appellant: Sh. C.S.Anand, C.AFor Respondent: Ms. Rakhi Vimal, Sr. DR

Section 2(22)(e)Section 50Section 50CSection 69

NA vs. Ari Malesar Behdin Anjuman, Navsari

In the result, appeal of the assessee is allowed in terms of our aforesaid observations

ITA 272/SRT/2018[2013-14]Status: DisposedITAT Surat07 Feb 2020AY 2013-14

Bench: Shri Sandeep Gosain, Hon'Ble & Shri O.P.Meena, Hon'Bleआ.अ.सं./I.T.A No.272/Srt/2018 "नधा"रण वष"/Assessment Year: 2013-14 Navsari Malesar Behdin Anjuman, V The Income Tax Officer, Agiary Street, Malesar, Navsari S Exemption Ward, Surat. Taluka, Navsari – 396 445. . [Pan: Aaatn 6124 C] अपीलाथ" / Appellant ""यथ"/Respondent "नधा"रतीक"ओरसे /Assessee By Shri H.R.Vepari – Ca राज"वक"ओरसे /Revenue By Shri O.P.Vaishav – Cit - Dr

Section 11Section 11(1)(d)Section 12Section 12A

…ed on 25/05/2012 (copy on record), it has been held that "procedural law, when amended or substituted, is generally retrospective and applies from the date of its enforcement and to this extent, it can be retrospective". 20. In 'Allied Motors (P) Ltd. v. ITO, 224 ITR 677 (SC), it has been held that "a proviso, which is intended to remedy unintended consequences and to make the provision workable, a proviso which supplies an obvious omission in the section and is required to be read into the section to give the section a reasonable interpretation, is required to be treated as retrospective in operation, so that a…

Kishan Motors, Bhubaneswar vs. ITO, Ward-4(3), Bhubaneswar

In the result, appeal in ITA No

ITA 169/CTK/2018[2014-15]Status: DisposedITAT Cuttack24 Jan 2020AY 2014-15

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahu

For Appellant: Shri S.K.Agarwal, ARFor Respondent: Shri J.K.Lenka, DR

Section 143(3)Section 40Section 43B

…eduction or non-payment of TDS on payments made to residents as specified in section 40(a)(ia) of the Act, the disallowance shall be restricted to 30% of the amount of expenditure claimed. The Hon’ble Supreme Court in the case of Allied Motors (P) Ltd. [1997] 224 ITR 677 (SC) has held that amendment was remedial in nature, designed to eliminate unintended P a g e 6 | 14 ITA Nos.169 & 37 1/C TK /2 018 Assessm ent Y ear : 20 14- 201 5 consequences which may cause undue hardship to the assessee and which made the provision unworkable or unjust in a specific situation. Finally, after considering various case laws,…

M/S Khandelwal Steel & Pipes, Bhubaneswar vs. ACIT, Cuttack

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

ITA 138/CTK/2019[2012-13]Status: DisposedITAT Cuttack20 Jan 2020AY 2012-13

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.138/Ctk/2019 (नििाारण वषा / Assessment Year :2012-2013) M/S Khandelwal Steel & Pipes, Vs. Dcit, Circle-4(1), 614, Bomikhal, Cuttack Puri Rd Bhubaneswar Bhubanewswar-751010 स्थायी लेखा सं./Panno. : Aagfk 7718 R (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee By : Shri Shadiram Sharma, Advocate िाजस्व की ओर से /Revenue By : Shri J.K.Lenka, Dr

For Appellant: Shri Shadiram Sharma, AdvocateFor Respondent: Shri J.K.Lenka, DR

Section 143(1)Section 143(2)Section 143(3)Section 145Section 263Section 40Section 40ASection 40A(3)Section 44

…आयकर अपीऱीय अधिकरण, कटक न्यायपीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK BEFORE SHRI C.M. GARG, JM & SHRI L.P. SAHU, AM आयकर अपीऱ सं./ITA No.138/CTK/2019 (नििाारण वषा / Assessment Year :2012-2013) M/s Khandelwal Steel & Pipes, Vs. DCIT, Circle-4(1), 614, Bomikhal, Cuttack Puri Rd Bhubaneswar Bhubanewswar-751010 स्थायी लेखा सं./PANNo. : AAGFK 7718 R (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee by : Shri Shadiram Sharma, Advocate िाजस्व की ओर से /Revenue by : Shri J.K.Lenka, DR सुनवाई की तािीख / Date of Hearing : 23/12/2019 घोषणा की तािीख/Date of Pronouncemen…

Vivek Agarwal, Jharsuguda vs. ITO, Jharsuguda

In the result, appeal of the assessee is partly allowed

ITA 85/CTK/2015[2010-11]Status: DisposedITAT Cuttack20 Jan 2020AY 2010-11

For Appellant: Shri Binod Agarwal, AdvocateFor Respondent: Shri Subhendu Dutta, DR

Section 194ASection 194CSection 40

…आयकर अपीऱीय अधिकरण, कटक न्यायपीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK BEFORE SHRI C.M. GARG, JM & SHRI L.P. SAHU, AM आयकर अपीऱ सं./ITA No.85/CTK/2015 (नििाारण वषा / Assessment Year : 2010-2011) Vivek Agarwal, Vs. ITO, Ward-1, Jharsuguda Marwari Pada, Jharsuguda स्थायी लेखा सं./PAN No. : AGHPA 3341 D (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee by : Shri Binod Agarwal, Advocate िाजस्व की ओर से /Revenue by : Shri Subhendu Dutta, DR सुनवाई की तािीख / Date of Hearing : 19/11/2019 घोषणा की तािीख/Date of Pronouncement : 20/01/2020 आदेश / O R D E R Per L.P.Sahu…

ITO, Ward-3(2), Hyd, Hyderabad vs. R.K. Infra & Engineering (India) Pvt.Ltd., Hyd, Hyderabad

In the result, appeal of the revenue and the CO of the assessee are dismissed

ITA 1227/HYD/2016[2012-13]Status: DisposedITAT Hyderabad05 Sept 2019AY 2012-13

Bench: Smt. P. Madhavi Devi & Shri S. Rifaur Rahman

For Appellant: Shri Nilanjan DeyFor Respondent: Shri Pawan Kumar

Section 40

…le by the Parliament only w.e.f. 1st April, 2004, would become curative in nature, hence, it would apply retrospectively w.e.f. 1st April, 1988. Secondly, it may be noted that, in the case of Allied Motors (P) Ltd. etc: v. CIT [1997] 139 CTR (SC) 364 : (1997) 224 ITR 677 (SC), the scheme of s. 43Bof the Act came to be examined. In that case, the question which arose for determination was, whether sales-tax collected by the assessee and paid after the end of the relevant previous year but within the time allowed under the relevant sales- tax law should be disallowed under s. 43B of the Act while computing the busi…

Income Tax Officer Ward-1 Exemptions, Bangalore vs. M/S Centre Fpr Cellular and Molecular Platforms, Bangalore

In the result, the appeal filed by the revenue is dismissed

ITA 271/BANG/2018[2013-14]Status: DisposedITAT Bangalore28 Aug 2019AY 2013-14

Bench: Shri Arun Kumar Garodia & Shri Pavan Kumar Gadaleassessment Year : 2013-14 M/S. Centre For Cellular & Molecular Platforms, The Income Tax Officer (E), Post Bag No. 6505, Ward -1 , Vs. G.K.V.K. P.O. Bangalore. Bellary Road, Bangalore – 560 065. Pan: Aadcc8572D Appellant Respondent Assessee By : Shri V. Srinivasan, Advocate Revenue By : Shri Ujjwal Kumar, Jcit (Dr) Date Of Hearing : 14.08.2019 Date Of Pronouncement : 28.08.2019

For Appellant: Shri V. Srinivasan, AdvocateFor Respondent: Shri Ujjwal Kumar, JCIT (DR)

Section 11Section 12ASection 2

…py on record), it has been Page 8 of 11 held that "procedural law, when amended" or substituted, is generally retrospective and applies from the date of its enforcement and to this extent, it can be retrospective". 20. In Allied Motors (P.) Ltd. v. CIT [1997] 224 ITR 677/91 Taxman 205 (SC), it has been held that a proviso, which is intended to intended to remedy unintended consequences and to make the provision workable, a proviso which supplies an obvious omission in the section and is required to be read into the section to give the section a reasonable interpretation, is required to be treated as retrospective…

Metal Extrusion India Ltd, Jaipur vs. Additional Commissioner of Income Tax, Circle-1, Jaipur

In the result, the appeal of the assessee is allowed

ITA 163/JPR/2019[2015-16]Status: DisposedITAT Jaipur24 Jul 2019AY 2015-16

Bench: : Shri Vijay Pal Raovk;Dj Vihy La-@Ita No.163/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year : 2015-16 Cuke M/S. Metal Extrusion India Ltd. The Addl. Cit Vs. 36A, Suraj Nagar East, Civil Lines Circle – 1 Jaipur Jaipur Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aafcm 3410 Q Vihykfkhz@Appellant Izr;Fkhz@Respondent

For Appellant: Shri Rohan Sogani, CAFor Respondent: Shri Ashok Khanna, JCIT-DR

Section 143Section 50CSection 60C

…ive in nature, hence, it would apply retrospectively w.e.f. 1st April, 1988 (i.e. the date on which the related legal provision was introduced). Secondly, it may be noted that, in the case of Allied Motors (P.) Ltd. Etc. v. CIT (1997) 139 CTR (SC) 364: (1997) 224 ITR 677 (SC), the scheme of s. 43B of the Act came to be examined. In that case, the question which arose for determination was, whether sales-tax collected by the assessee and paid after the end of the relevant previous year but within the time allowed under the relevant sales-tax law should be disallowed under s. 43B of the Act while computing the busi…

Amul Research & Development Association, Anand vs. The Income Tax Officer, Ward-3, Anand

ITA 3295/AHD/2016[2011-12]Status: DisposedITAT Ahmedabad11 Jun 2019AY 2011-12

Section 12ASection 143(3)Section 2(47)Section 48Section 50C

…ITA No. 3295/Ahd/2016 Amul Research & Development Association Vs. ITO Assessment year: 2011-12 Page 1 of 10 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “B” BENCH, AHMEDABAD [Coram: Pramod Kumar, VP and Ms. Madhumita Roy, JM] Assessment Year: 2011-12 Amul Research & Development Association ............…………......Appellant C/o. Amul Dairy Premises, Anand – 388 001 [PAN : AAATA 2673 H] Vs. The Income Tax Officer ...........................Respondent Ward-3, Anand Appearances by: Sanjay R Shah, for the Appellant Mudit Nagpal, for the Respondent Date of concluding the hearing : 14.03.2019 Date of pronouncing…

Shri Bhaveshbhai O. Lakhani, Bhavnagar vs. The Income Tax Officer, Ward-1(3), Bhavnagar

In the result, the appeal is allowed for statistical purposes in the terms indicated above

ITA 1196/AHD/2017[2012-13]Status: DisposedITAT Ahmedabad10 Jun 2019AY 2012-13

Bench: Us. Bhaveshbhai O Lakhani Vs. Ito Assessment Year: 2012-13 Page 2 Of 9

Section 143(3)Section 48Section 50CSection 50C(1)

…ITA No. 1196/Ahd/2017 Bhaveshbhai O Lakhani Vs. ITO Assessment year: 2012-13 Page 1 of 9 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD “A” BENCH, AHMEDABAD [Coram: Pramod Kumar (Vice President), and Madhumita Roy (Judicial Member)] ITA No.: 1196/Ahd/2017 Assessment year: 2012-13 Bhaveshbhai O Lakhani ……..………………..Appellant Sumati Apartment, Shastri Nagar, Bhavnagar [PAN: ABJPL 8109 P] Vs Income Tax Officer ……………..…........Respondent Ward 1(3), Bhavnagar Appearances by Tushar P Hemani for the appellant SK Dev for the respondent Date of concluding the hearing : 25.04.2019 Date of pronouncement : 10.06.2019…

Kishor Hira Bhandari, Mumbai vs. Income Tax Officer 30(2)(1), Mumbai

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

ITA 370/MUM/2018[2014-15]Status: DisposedITAT Mumbai06 Jun 2019AY 2014-15

Bench: Shri Ramit Kochar & Shri Ravish Soodshri Kishore Hira Bhandari I.T.O 30(2)(1) Kishore Bhandari Chawl, Mumbai Behind Mamta Medical Store, Vs. Marve Road, Malad (West), Mumbai – 400064

For Appellant: Shri Anil Thakrar, A.RFor Respondent: Shri Manoj Kumar Singh, D.R

Section 143(2)Section 143(3)Section 50CSection 54

…ive in nature, hence, it would apply retrospectively w.e.f. 1st April, 1988 (i.e. the date on which the related legal provision was introduced). Secondly, it may be noted that, in the case of Allied Motors (P) Ltd. Etc. vs. CIT (1997) 139 CTR (SC) 364: (1997) 224 ITR 677 (SC), the scheme of s. 43B of the Act came to be examined. In that case, the question which arose for determination was, whether sales-tax collected by the assessee and paid after the end of the relevant previous year but within the time allowed under the relevant sales-tax law should be disallowed under s. 43B of the Act while computing the busi…

Shri Prakashkumar Natvarlal Patel, Ahmedabad vs. The Income Tax Officer, Ward-3(3), Ahmedabad

In the result, the appeal is partly allowed in the terms indicated above

ITA 262/AHD/2015[2010-11]Status: DisposedITAT Ahmedabad03 Jun 2019AY 2010-11

Section 143(3)Section 43(5)Section 43(5)(e)

…loss in as much as the F&O loss is a business loss as per Section 43(5)(e) as inserted by Finance Act, 2013 with effect from 01-04-2014 and that the said insertion is with retrospective effect in view Supreme Court in the case of Allied Motors P. Ltd V/s. CIT 224 ITR 677 and CIT V/s. Alom Extrusions Ltd. 319 ITR 306. 2. The learned CIT(A) has erred in confirming the interest of Rs. 3,00,000 out of Rs. 4,77,240 on the ground that the interest free loans are given in as much as the entire amount of interest paid is for the purpose of business and therefore it is allowable as deduction.” ITA No.: 262/Ahd/2015 Asses…

Patel Engineering Ltd, Mumbai vs. DCIT Cen Cir 24 & 26, Mumbai

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

ITA 9090/MUM/2010[2002-03]Status: DisposedITAT Mumbai22 May 2019AY 2002-03

Bench: Shri G.S. Pannuand Shri Pawan Singhm/S Patel Engineering Ltd., Dy. Commissioner Of Income Patel Estate Road, Jogeshwari Tax-8(2), Mumbai (Formerly Vs. (West), Mumbai-400102. Known Dcit Central 24&26, Mumbai). Pan: Aaacp2567L Appellant Respondent Appellant By : Shri Mayur Kisnadwala (Ar) Respondent By : Shri Ajay Kumar Keshari (Dr) Date Of Hearing : 30.04.2019 Date Of Pronouncement : 22.05.2019

For Appellant: Shri Mayur Kisnadwala (AR)For Respondent: Shri Ajay Kumar Keshari (DR)

Section 115JSection 143(3)Section 253Section 80ISection 85Section 86

…then, it has to be treated as retrospective in nature even though it has not been stated specifically by the amending Act. This proposition find strong support from the judgments of the Hon’ble Supreme Court in the case of Allied Motors (P) Ltd. Etc. v. CIT, 224 ITR 677 and in the case of CIT v. Alom Extrusions Ltd. 319 ITR 306. The Hon’ble Apex Court while interpreting the proviso to section 43B brought in the statute with a particular date was treated as curative and was held to be applicable retrospectively. The relevant observation of the Hon’ble Supreme Court in the case of Alom Extrusions Ltd. following th…

M/S Snowtex Investment Limited vs. Principal Commissioner of Income Tax, Central -2, Kolkata

The appeal is dismissed in terms of the signed reportable

C.A. No.-004483-004483 - 2019Supreme Court30 Apr 2019

Bench: HON'BLE THE CHIEF JUSTICE

Section 143(1)Section 143(2)Section 260ASection 43(5)Section 43(5)(d)Section 73

…erest free lending of Rs. 9.58 crores. In this background, the High Court came to the conclusion that the principal business for the assessment year was not the granting of loans and advances. This finding was supported on the above two 2 (1997) 3 SCC 472 3 (2010) 1 SCC 489 6 grounds. 11 On the second issue of the claim of retrospectivity, it was urged that though the Court has the power in an appropriate case, based on the intent of the legislature to hold that an amendment is retrospective, the position in this case is quite distinct. In the present case, it was submitted that when the prov…