Ambuja Cements Limited. (i) PCIT v. Rashmi Metaliks Ltd.

444 ITR 75Reported decision#9797 most cited

What is Ambuja Cements Limited. (i) PCIT v. Rashmi Metaliks Ltd. authority for?

The case is cited for the proposition that deduction under Section 80IA(4) is available for infrastructure facilities that serve a public purpose.

11

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2023 to 2023.

Also referred to as

Ambuja Cements Limited · PCIT v. Rashmi Metaliks Ltd. · 444 ITR 75 · Section 80IA · Section 80IA(4) · infrastructure facility · public facility · deduction

Sections most often in play

Section 14ASection 41(1)

Judgments citing Ambuja Cements Limited. (i) PCIT v. Rashmi Metaliks Ltd.

Acc Limited, Mumbai vs. DCIT (Ltu), Mumbai

In the result, appeal filed by department is dismissed

ITA 800/MUM/2022[2013-14]Status: DisposedITAT Mumbai30 Jun 2023AY 2013-14

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Blem/S. Acc Limited V. Dcit (Ltu) 121, Cement House, M.K. Road 29Th Floor, Center-1 Churchgate, Mumbai-400020 World Trade Centre, Cuffe Parade Mumbai - 400005 Pan: Aaact1507C (Appellant) (Respondent) Asst. Cit – 3(4) V. M/S. Acc Limited 29Th Floor, Center-1 Cement House,121, M.K. Road World Trade Centre, Cuffe Parade Churchgate, Mumbai-400020 Mumbai-400005 Pan: Aaact1507C (Appellant) (Respondent)

Section 14A

…nce, we cancel the orders passed by the ld. Pr. CIT u/s 263 of the Act and allow all these four appeals of the assessee. 41. In the result all the appeals by the assessee are allowed. 32. The above decision is also confirmed by Hon’ble Calcultta High court in 444 ITR 75. 33. In view of above discussion and following decisions referred supra, claim of assessee is found to be correct and Assessing Officer is directed to allow deduction u/s.80IA on Rail Infrastructure. This ground of appeal is allowed.” 70. Respectfully following the above said decision, we allow the ground raised by the assessee. 40. Respectfully…

Asst. Commissioner of Income Tax-3(4), Mumbai-400005 vs. M/S. Acc Limited, Mumbai-400020

In the result, appeal filed by department is dismissed

ITA 1171/MUM/2022[2013-14]Status: DisposedITAT Mumbai30 Jun 2023AY 2013-14

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Blem/S. Acc Limited V. Dcit (Ltu) 121, Cement House, M.K. Road 29Th Floor, Center-1 Churchgate, Mumbai-400020 World Trade Centre, Cuffe Parade Mumbai - 400005 Pan: Aaact1507C (Appellant) (Respondent) Asst. Cit – 3(4) V. M/S. Acc Limited 29Th Floor, Center-1 Cement House,121, M.K. Road World Trade Centre, Cuffe Parade Churchgate, Mumbai-400020 Mumbai-400005 Pan: Aaact1507C (Appellant) (Respondent)

Section 14A

…nce, we cancel the orders passed by the ld. Pr. CIT u/s 263 of the Act and allow all these four appeals of the assessee. 41. In the result all the appeals by the assessee are allowed. 32. The above decision is also confirmed by Hon’ble Calcultta High court in 444 ITR 75. 33. In view of above discussion and following decisions referred supra, claim of assessee is found to be correct and Assessing Officer is directed to allow deduction u/s.80IA on Rail Infrastructure. This ground of appeal is allowed.” 70. Respectfully following the above said decision, we allow the ground raised by the assessee. 40. Respectfully…

DCIT(Ltu) - 1, Mumbai vs. Acc Ltd., Mumbai

In the result, appeal filed by assessee is partly allowed and appeal filed by the revenue is dismissed

ITA 3178/MUM/2019[2011-12]Status: DisposedITAT Mumbai28 Feb 2023AY 2011-12

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

Section 14Section 143(3)Section 14A

…nce, we cancel the orders passed by the ld. Pr. CIT u/s 263 of the Act and allow all these four appeals of the assessee. 41. In the result all the appeals by the assessee are allowed. 32. The above decision is also confirmed by Hon’ble Calcultta High court in 444 ITR 75. 33. In view of above discussion and following decisions referred supra, claim of assessee is found to be correct and Assessing Officer is directed to allow deduction u/s.80IA on Rail Infrastructure. This ground of appeal is allowed.” 70. Respectfully following the above said decision, we allow the ground raised by the assessee. 71. In the Groun…

DCIT(Ltu) - 1, Mumbai vs. Acc Ltd., Mumbai

In the result, appeal filed by assessee is partly allowed

ITA 3177/MUM/2019[2010-11]Status: DisposedITAT Mumbai28 Feb 2023AY 2010-11

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

Section 143(3)Section 147Section 148Section 151

…ce, we cancel the orders passed by the ld. Pr. CIT u/s 263 of the Act and allow all these four appeals of the assessee. 41. In the result all the appeals by the assessee are allowed. 32. The above decision is also confirmed by Hon’ble Calcultta High court in 444 ITR 75. 33. In view of above discussion and following decisions referred supra, claim of assessee is found to be correct and Assessing Officer is directed to allow deduction u/s.80IA on Rail Infrastructure. This ground of appeal is allowed.” 27. Respectfully following the above decision, we allow the ground raised the assessee. 28. In the Ground No.3,…

DCIT(Ltu) - 1, Mumbai vs. Acc Ltd., Mumbai

In the result, appeal filed by assessee is partly allowed

ITA 3176/MUM/2019[2009-10]Status: DisposedITAT Mumbai28 Feb 2023AY 2009-10

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

Section 143(3)Section 147Section 148Section 151Section 55A

…cture facility qualifies for deduction u/s 80IA(4). The Ld. AR has also referred to following Judicial pronouncements in support of its claim in addition to decision of coordinate bench in the case of Ambuja Cements Limited. (i) PCIT v. Rashmi Metaliks Ltd. (444 ITR 75) (Calcutta HC) (ii) Ultratech Cement Ltd. v. ACIT [ITA No.5065 of 2014 (Mumbai Tribunal)] (iii) JSW Steel Ltd. [ITA No.4062 of 2017 & Others (Mumbai Tribunal)] (iv) Rashmi Metaliks Ltd. v. DCIT [ITA No.813-816 of 2017 (Kolkata Tribunal)] 28. On the other hand, Ld. DR has mainly relied upon finding of lower authorities. During the course of appell…

Acc Ltd., Mumbai vs. Addl CIT(Ltu), Mumbai

In the result, appeal filed by assessee is partly allowed and appeal filed by the revenue is dismissed

ITA 3139/MUM/2019[2011-12]Status: DisposedITAT Mumbai28 Feb 2023AY 2011-12

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

Section 14Section 143(3)Section 14A

…nce, we cancel the orders passed by the ld. Pr. CIT u/s 263 of the Act and allow all these four appeals of the assessee. 41. In the result all the appeals by the assessee are allowed. 32. The above decision is also confirmed by Hon’ble Calcultta High court in 444 ITR 75. 33. In view of above discussion and following decisions referred supra, claim of assessee is found to be correct and Assessing Officer is directed to allow deduction u/s.80IA on Rail Infrastructure. This ground of appeal is allowed.” 70. Respectfully following the above said decision, we allow the ground raised by the assessee. 71. In the Groun…

Acc Ltd., Mumbai vs. Addl CIT(Ltu), Mumbai

In the result, appeal filed by assessee is partly allowed

ITA 3137/MUM/2019[2010-11]Status: DisposedITAT Mumbai28 Feb 2023AY 2010-11

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

Section 143(3)Section 147Section 148Section 151

…ce, we cancel the orders passed by the ld. Pr. CIT u/s 263 of the Act and allow all these four appeals of the assessee. 41. In the result all the appeals by the assessee are allowed. 32. The above decision is also confirmed by Hon’ble Calcultta High court in 444 ITR 75. 33. In view of above discussion and following decisions referred supra, claim of assessee is found to be correct and Assessing Officer is directed to allow deduction u/s.80IA on Rail Infrastructure. This ground of appeal is allowed.” 27. Respectfully following the above decision, we allow the ground raised the assessee. 28. In the Ground No.3,…

Acc Ltd., Mumbai vs. DCIT(Ltu) - 1, Mumbai

In the result, appeal filed by assessee is partly allowed

ITA 3136/MUM/2019[2009-10]Status: DisposedITAT Mumbai28 Feb 2023AY 2009-10

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

Section 143(3)Section 147Section 148Section 151Section 55A

…cture facility qualifies for deduction u/s 80IA(4). The Ld. AR has also referred to following Judicial pronouncements in support of its claim in addition to decision of coordinate bench in the case of Ambuja Cements Limited. (i) PCIT v. Rashmi Metaliks Ltd. (444 ITR 75) (Calcutta HC) (ii) Ultratech Cement Ltd. v. ACIT [ITA No.5065 of 2014 (Mumbai Tribunal)] (iii) JSW Steel Ltd. [ITA No.4062 of 2017 & Others (Mumbai Tribunal)] (iv) Rashmi Metaliks Ltd. v. DCIT [ITA No.813-816 of 2017 (Kolkata Tribunal)] 28. On the other hand, Ld. DR has mainly relied upon finding of lower authorities. During the course of appell…

Acc Ltd., Mumbai vs. DCIT(Ltu) - 1, Mumbai

In the result, appeal filed by assessee is partly allowed

ITA 3135/MUM/2019[2009-10]Status: DisposedITAT Mumbai28 Feb 2023AY 2009-10

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

Section 143(3)Section 147Section 148Section 151Section 55A

…cture facility qualifies for deduction u/s 80IA(4). The Ld. AR has also referred to following Judicial pronouncements in support of its claim in addition to decision of coordinate bench in the case of Ambuja Cements Limited. (i) PCIT v. Rashmi Metaliks Ltd. (444 ITR 75) (Calcutta HC) (ii) Ultratech Cement Ltd. v. ACIT [ITA No.5065 of 2014 (Mumbai Tribunal)] (iii) JSW Steel Ltd. [ITA No.4062 of 2017 & Others (Mumbai Tribunal)] (iv) Rashmi Metaliks Ltd. v. DCIT [ITA No.813-816 of 2017 (Kolkata Tribunal)] 28. On the other hand, Ld. DR has mainly relied upon finding of lower authorities. During the course of appell…

DCIT(Ltu) - 1, Mumbai vs. Acc Ltd., Mumbai

In the result, appeal filed by assessee is partly allowed

ITA 3246/MUM/2018[2012-13]Status: DisposedITAT Mumbai28 Feb 2023AY 2012-13

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Blem/S. Acc Ltd., V. Dcit – Range – 1(1) Mumbai {Formerly Known As The Associated Cement Companies, Ltd.,} Cement House, 121 M.K. Road, Churchgate Mumbai - 400020 Pan: Aaact1507C (Appellant) (Respondent) Dcit (Ltu)-1 V. M/S. Acc Ltd., 29Th Floor, Centre No.1 Cement House, 121 World Trade Centre, Cuffe Parade M.K. Road, Churchgate Mumbai - 400005 Mumbai - 400020 Pan: Aaact1507C (Appellant) (Respondent)

Section 143(3)Section 14A

…ence, we cancel the orders passed by the ld. Pr. CIT u/s 263 of the Act and allow all these four appeals of the assessee. 41. In the result all the appeals by the assessee are allowed. 32 The above decision is also confirmed by Hon’ble Calcultta High court in 444 ITR 75. 33 In view of above discussion and following decisions referred supra, claim of assessee is found to be correct and Assessing Officer is directed to allow deduction u/s.80IA on Rail Infrastructure. This ground of appeal is allowed.” 48. Respectfully following the above decision in assessee case, we allow the ground raised by the assessee. 49. I…

Acc Limited (Formerly Known As the Associated Cement Companies Ltd.), Mumbai vs. Addll. CIT, RG. 1(1), Mumbai

In the result, appeal filed by assessee is partly allowed

ITA 3203/MUM/2018[2012-13]Status: DisposedITAT Mumbai28 Feb 2023AY 2012-13

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Blem/S. Acc Ltd., V. Dcit – Range – 1(1) Mumbai {Formerly Known As The Associated Cement Companies, Ltd.,} Cement House, 121 M.K. Road, Churchgate Mumbai - 400020 Pan: Aaact1507C (Appellant) (Respondent) Dcit (Ltu)-1 V. M/S. Acc Ltd., 29Th Floor, Centre No.1 Cement House, 121 World Trade Centre, Cuffe Parade M.K. Road, Churchgate Mumbai - 400005 Mumbai - 400020 Pan: Aaact1507C (Appellant) (Respondent)

Section 143(3)Section 14A

…ence, we cancel the orders passed by the ld. Pr. CIT u/s 263 of the Act and allow all these four appeals of the assessee. 41. In the result all the appeals by the assessee are allowed. 32 The above decision is also confirmed by Hon’ble Calcultta High court in 444 ITR 75. 33 In view of above discussion and following decisions referred supra, claim of assessee is found to be correct and Assessing Officer is directed to allow deduction u/s.80IA on Rail Infrastructure. This ground of appeal is allowed.” 48. Respectfully following the above decision in assessee case, we allow the ground raised by the assessee. 49. I…

Ambuja Cements Limited. (i) PCIT v. Rashmi Metaliks Ltd. (444 ITR 75) — Cited in 11 Judgments | BharatTax