AV Thomas and Co Ltd. v. CIT

159 ITR 431Reported decision1986#16919 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2019 to 2021.

Judgments citing AV Thomas and Co Ltd. v. CIT

AVAYA INDIA PRIVATE LIMITED,MUMBAI vs. ACIT, CIRCLE-1(1), DELHI

In the result, the appeal of the assessee is allowed

ITA 466/DEL/2021[2016-17]Status: DisposedITAT Delhi09 Jul 2021AY 2016-17

Bench: Sh. Kul Bharatdr. B. R. R. Kumar(Through Video Conferencing) Ita No. 466/Del/2021 : Asstt. Year : 2016-17 Avaya India Pvt. Ltd., Vs Acit, 202, Platina, 2Nd Floor, Plot No. Circle-1(1), C-59, G-Block, Bandra Kurla New Delhi Complex, Bandra(E), Mumabi, Maharashtra-400051 (Appellant) (Respondent) Pan No. Aaeca3592N Assessee By : Sh. Kamal Sawhney, Adv. Revenue By : Sh. Surender Pal, Cit Dr Date Of Hearing: 05.07.2021 Date Of Pronouncement: 09.07.2021

For Appellant: Sh. Kamal Sawhney, AdvFor Respondent: Sh. Surender Pal, CIT DR
Section 143(3)Section 144C(13)Section 92C

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘I-1’, NEW DELHI Before Sh. Kul Bharat, Judicial Member Dr. B. R. R. Kumar, Accountant Member (Through Video Conferencing) ITA No. 466/Del/2021 : Asstt. Year : 2016-17 Avaya India Pvt. Ltd., Vs ACIT, 202, Platina, 2nd Floor, Plot No. Circle-1(1), C-59, G-Block, Bandra Kurla New Delhi Complex, Bandra(E), Mumabi, Maharashtra-400051 (APPELLANT) (RESPONDENT) PAN No. AAECA3592N Assessee by : Sh. Kamal Sawhney, Adv. Revenue by : Sh. Surender Pal, CIT DR Date of Hearing: 05.07.2021 Date of Pronouncement: 09.07.2021 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The…

ASIAN PAINTS LTD,MUMBAI vs. ADDL CIT LTU, MUMBAI

Appeal of the revenue is dismissed

ITA 2754/MUM/2014[2009-10]Status: DisposedITAT Mumbai03 Feb 2021AY 2009-10

Bench: Shri Pramod Kumar () & Shri Saktijit Dey ()

…ation of the profits of business under income tax act is concerned. 14. Subsequent judgements of the Apex. Court in the case of Smith Kline and French (India) Ltd (219 ITR 581), judgement of High Court of Kerala in the case of AV Thomas and Co Ltd versus CIT (159 ITR 431) have reiterated this principle and distinguished Jaipuria Collieries judgement. Thus, it is humbly prayed that the judgement of Rajasthan High Court in Chambal Fertilisers and of Bombay High Court in Sesa Goa is per incuriamto this extent as the education cess presently under dispute is based on determination of profits under the head profits an…

M/S HONEYWELL TECHNOLOGY SOLUTIONS LAB PRIVATE LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(2), BANGALORE

In the result, the assessee's appeal is partly allowed

ITA 1210/BANG/2018[2010-11]Status: DisposedITAT Bangalore07 Jan 2021AY 2010-11

Bench: Shri N.V. Vasudevan & Shri Chandra Poojarim/S. Honeywell Technology Solutions Lab Pvt. Ltd., 151/1, Bannerghata Road, Doraisanpalya, Bangalore-560 076 ….Appellant Pan Aaach 4151J Vs. Dy. Commissioner Of Income Tax, Circle 3(1)(2), Bangalore. ……Respondent. Assessee By: Smt. Shreya Loyalka, C.A. Revenue By: Shri B.K. Panda, Cit (D.R)

For Appellant: Smt. Shreya Loyalka, C.AFor Respondent: Shri B.K. Panda, CIT (D.R)
Section 80J

…additional tax on profits and gains of the assessee's business, hence, not deductible in computing the total income under the Income-tax Act. Further, the Ld. DR relied on the judgment of the Hon'ble Kerala High Court in the case of A. V. Thomas and Co. Ltd. 159 ITR 431 wherein it was held as under: “Income-tax is not an expenditure laid out for the purpose of the business. It in fact is paid out of the profits; it is an application of the profits after they have been earned. Thus, taxes such as income-tax, excess profits tax, super-tax, surcharge or surtax being charges on profits, are not deductible.” 15.3 Acc…

SREI INFRASTRUCTURE FINANCE LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result, this ground of the revenue is dismissed

ITA 1318/DEL/2012[2008-09]Status: DisposedITAT Kolkata27 Feb 2019AY 2008-09

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godarai.T.A. No. 1302/Del/2012 (Assessment Year: 2008-09) Acit, Circle-9(1), New Delhi....………………...…….........………………………............….Revenue/Department

Section 115JSection 143(3)Section 14ASection 250Section 45I

…n the case of Smith Kline 5 I.T.A. No. 1302/Del/2012 & I.T.A. No. 1318/Del/2012 SREI Infrastructure Finance Ltd Assessment Year: 2008-09 and French (India) Ltd (219 ITR 581), judgement of High Court of Kerala in the case of AV Thomas and Co Ltd versus CIT (159 ITR 431) have reiterated this principle and distinguished Jaipuria Collieries judgement. Thus, it is humbly prayed that the judgement of Rajasthan High Court in Chambal Fertilisers is per-incurium to this extent as the education cess presently under dispute is based on determination of profits under the head profits and gains of business and is to be com…

ACIT, NEW DELHI vs. M/S. SREI INFRASTRUCTURE FINANCE LTD., NEW DELHI

In the result, this ground of the revenue is dismissed

ITA 1302/DEL/2012[2008-09]Status: DisposedITAT Kolkata27 Feb 2019AY 2008-09

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godarai.T.A. No. 1302/Del/2012 (Assessment Year: 2008-09) Acit, Circle-9(1), New Delhi....………………...…….........………………………............….Revenue/Department

Section 115JSection 143(3)Section 14ASection 250Section 45I

…n the case of Smith Kline 5 I.T.A. No. 1302/Del/2012 & I.T.A. No. 1318/Del/2012 SREI Infrastructure Finance Ltd Assessment Year: 2008-09 and French (India) Ltd (219 ITR 581), judgement of High Court of Kerala in the case of AV Thomas and Co Ltd versus CIT (159 ITR 431) have reiterated this principle and distinguished Jaipuria Collieries judgement. Thus, it is humbly prayed that the judgement of Rajasthan High Court in Chambal Fertilisers is per-incurium to this extent as the education cess presently under dispute is based on determination of profits under the head profits and gains of business and is to be com…

AV Thomas and Co Ltd. v. CIT (159 ITR 431) — Cited in 5 Judgments | BharatTax