Arihantam Infraprojects Pvt. Ltd. v. JCIT

156 ITD 425Income Tax Appellate Tribunal2016#22906 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2019.

Judgments citing Arihantam Infraprojects Pvt. Ltd. v. JCIT

MDINDIA HEALTHCARE SERVICES (TPA) PVT.LTD,,PUNE vs. INCOME-TAX OFFICER,, PUNE

In the result, the appeal of assessee is allowed

ITA 1366/PUN/2017[2012-13]Status: DisposedITAT Pune19 Aug 2019AY 2012-13

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1366/Pun/2017 यििाारण वषा / Assessment Year : 2012-13 Mdindia Healthcare Services (Tpa) Pvt. Ltd. (Now Known As Mdindia Health Insurance Tpa Pvt. Ltd.) S.No.46/1, E-Space Building, A-2 Wing, 3Rd Floor, Pune Nagar Road, Vadgaon Sheri, अऩीऱाथी/Appellant Pune – 411014 …. Pan: Aadcm4828N Vs. The Income Tax Officer, …. प्रत्यथी / Respondent Ward 14(2), Pune

For Appellant: Shri Kishor PhadkeFor Respondent: Shri Pankaj Garg

Section 143(3)Section 36(1)(ii)Section 40A(2)Section 40A(2)(b)

…ma offered incentive in the year of receipt. In this regard, reliance was placed on the ratio laid down by Hon'ble Supreme Court in CIT Vs. Glaxo Smithkline Asia (P.) Ltd. (supra) and Pune Bench of Tribunal in Arihantam Infraprojects (P.) Ltd. Vs. JCIT (2016) 156 ITD 425 (Pune-Trib.). He further pointed out that the Tribunal 5 in para 21 has decided the issue on the basis of tax neutrality and in para 22, it has also decided that the provisions of section 36(1)(ii) of the Act are not attracted. 8. The learned Departmental Representative for the Revenue on the other hand, pointed out that the Resolution of payme…

M/S. SRC AVIATION PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

The appeal of the assessee is dismissed

ITA 1065/DEL/2016[2011-12]Status: DisposedITAT Delhi28 Feb 2019AY 2011-12

Bench: Shri H.S.Sidhu & Shri Prashant Maharishiacit, Vs. Src Aviation Pvt. Ltd, Circle-22(2), 507, G-5, Building, New Delhi Terminal1, Igi Airport, New Delhi Pan: Aabcs2455F (Appellant) (Respondent) Src Aviation Pvt. Ltd, Vs. Acit, 507, G-5, Building, Circle-22(2), Terminal1, Igi Airport, New Delhi New Delhi Pan: Aabcs2455F (Appellant) (Respondent)

For Appellant: Shri Atul Puri, CAFor Respondent: Ms Rinku Singh, Sr. DR

Section 143

…squarely covered in favour of the assessee by the decision of the honourable Delhi High Court in case of CIT V Carrier Launcher India Ltd 358 ITR 179 . He also relied upon the decision of the coordinate bench in case of ARihnatam Infraprojetcs P Ltd V Jt CIT 156 ITD 425 . He further submitted a copy of the resolution dated 29/03/2016 passed in the board meeting of the company wherein dividend of INR 1 130/– per share was declared. He therefore submitted that the assessees declaring bonus. He further referred to the order of the learned Commissioner of income tax appeals for assessment year 2012 – 13 stating that…

UPL ENVIRONMENTAL ENGINEERS LTD.,,BARODA vs. THE ACIT.,RANGE-4,, BARODA

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

ITA 2191/AHD/2014[2010-11]Status: DisposedITAT Ahmedabad30 Aug 2017AY 2010-11

Section 40A(2)Section 40A(2)(b)

…ayments may be camouflage to make payments of defacto dividend without payment of dividend distribution tax. Such a speculation is also devoid of any basis, and, as held by a co- ordinate bench in the case of Arihantam Infraprojects Pvt. Ltd. vs. JCIT [(2016) 156 ITD 425 (Pune)], this kind of a speculation or doubt cannot be reason enough to disallow the expenditure involving payment to holding company. In view of these discussions, we delete this disallowance as well.” 4. Respectfully following the views so expressed by the co-ordinate bench, we uphold the grievances of the assessee and delete the disallowances…