What is Bajaj Tempo Ltd. v. CIT authority for?

Provisions in taxing statutes that grant incentives, concessions, or exemptions for promoting economic growth and industrialization must be interpreted liberally and purposively. Any restrictions placed on such provisions should also be construed reasonably to advance their objective, not frustrate it.

How many judgments cite Bajaj Tempo Ltd. v. CIT?

289 judgments on BharatTax cite Bajaj Tempo Ltd. v. CIT (196 ITR 188), spanning 2004 to 2026.

Which sections of the Income Tax Act does Bajaj Tempo Ltd. v. CIT come up under?

It is most often cited in judgments turning on Section 143(3), Section 80IA, Section 143(1), Section 80HHC, Section 139(1), Section 80IB.

Bajaj Tempo Ltd. v. CIT (196 ITR 188)

DCIT, Cir-12(1), Kolkata vs. M/S Bengal Ambuja Housing Development Ltd., Kolkata

Appeal is partly allowed in above terms

ITA 1298/KOL/2016[2012-2013]Status: DisposedITAT Kolkata20 Nov 2019AY 2012-2013

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13

Section 143(3)Section 22Section 27

…e is on account of rather restricted and narrow interpretation of the provisions of clause (c) of section 80-IB(10) while coming to such conclusion, we also find support from the order of the hon'ble Supreme Court in the case of Bajaj Tempo Ltd. v. CIT [1992] 196 ITR 188 (SC), wherein it was held that the provisions should be interpreted liberally and since in the present case also, the assessee by claiming pro rata income on qualifying units has complied with all the provisions as contained in the said section, in our considered opinion, such ITA No.1298/Kol/2016 A.Y. 2012-13 DCIT Cir-12(1), Kol. Vs. M/s Bengal…

Mrs. Rajyashree Shyam, Chennai vs. ACIT, Corporate Circle - 18 (1), Chennai

In the result, the appeal filed by the assessee stands

ITA 2114/CHNY/2019[2016-17]Status: DisposedITAT Chennai08 Nov 2019AY 2016-17

Bench: Shri N.R.S. Ganesan & Shri Inturi Rama Rao] आयकर अपील सं./I.T.A. No.2114/Chny/2019 "नधा"रण वष" /Assessment Year : 2016-2017. Rajyashree Shyam, Vs. The Assistant Commissioner No.A-1405, Of Income Tax, Radiance Mandarin, Corporate Circle 18(1) No.1, Pallavaram Chennai 600 034. Thioraipakkam Raidal Road, Chennai 600 097. [Pan Agcps 0649F] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Respondent: Shri. AR.V. Sreenivasan, JCIT

Section 143(3)Section 54

…आयकर अपील"य अ"धकरण, ‘बी’ "यायपीठ, चे"नई IN THE INCOME TAX APPELLATE TRIBUNAL ‘ B’ BENCH : CHENNAI "ी एन.आर.एस. गणेशन, "या"यक सद"य एवं "ी इंटूर" रामा राव, लेखा सद"य के सम" [BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER] आयकर अपील सं./I.T.A. No.2114/CHNY/2019 "नधा"रण वष" /Assessment year : 2016-2017. Rajyashree Shyam, Vs. The Assistant Commissioner No.A-1405, of Income Tax, Radiance Mandarin, Corporate Circle 18(1) No.1, Pallavaram Chennai 600 034. Thioraipakkam Raidal Road, Chennai 600 097. [PAN AGCPS 0649F] (अपीलाथ"/Appellant) (""यथ"/Respondent) : Shri.R. Vijayaragha…

M/S. Vaibhav Construction, Anand vs. The Income Tax Officer, Ward-1, Anand

In the result the appeal of the assessee is partly allowed

ITA 2692/AHD/2012[2006-07]Status: DisposedITAT Ahmedabad25 Oct 2019AY 2006-07

For Appellant: Shri Aseem L. Thakkar, A.RFor Respondent: Shri O.P. Sharma, CIT.DR &

Section 143(3)Section 154Section 271(1)(c)Section 80I

…doubt that the ultimate size of the plot exceeds 1 acre. Under such circumstances to deny the benefit would not be justifiable proposition. Reliance is placed on the following judicial pronouncements in support of our contention: Bajaj Tempo Ltd. v CIT (1992) 196 ITR 188 (SC) A provision in a taxing statute granting incentives for promoting growth and development should be construed liberally. Since a provision intended for promoting economic growth has to be interpreted liberally the restriction on it too has to be construed so as to advance the objective of the section and not to frustrate it. Under clause (i)…

M/S. Vaibhav Construction, Anand vs. The Income Tax Officer, Ward-1, Anand

In the result the appeal of the assessee is partly allowed

ITA 1597/AHD/2012[2005-06]Status: DisposedITAT Ahmedabad25 Oct 2019AY 2005-06

For Appellant: Shri Aseem L. Thakkar, A.RFor Respondent: Shri O.P. Sharma, CIT.DR &

Section 143(3)Section 154Section 271(1)(c)Section 80I

…doubt that the ultimate size of the plot exceeds 1 acre. Under such circumstances to deny the benefit would not be justifiable proposition. Reliance is placed on the following judicial pronouncements in support of our contention: Bajaj Tempo Ltd. v CIT (1992) 196 ITR 188 (SC) A provision in a taxing statute granting incentives for promoting growth and development should be construed liberally. Since a provision intended for promoting economic growth has to be interpreted liberally the restriction on it too has to be construed so as to advance the objective of the section and not to frustrate it. Under clause (i)…

DCIT, Cir-12(1), Kolkata vs. M/S Bengal Ambuja Housing Development Ltd., Kolkata

In the result, the both appeals of the Revenue are dismissed

ITA 1514/KOL/2015[2010-2011]Status: DisposedITAT Kolkata18 Oct 2019AY 2010-2011

Bench: Shri A. T. Varkey, Jm & Shri A.L.Saini, Am]

Section 80ISection 80i

…e is on account of rather restricted and narrow interpretation of the provisions of clause (c) of section 80-IB(10) while coming to such conclusion, we also find support from the order of the hon'ble Supreme Court in the case of Bajaj Tempo Ltd. v. CIT [1992] 196 ITR 188 (SC), wherein it was held that the provisions should be interpreted liberally and since in the present case also, the assessee by claiming pro rata income on qualifying units has complied with all the provisions as contained in the said section, in our considered opinion, such claim of the assessee was rightly allowed by the learned Commissioner…

The Dy. CIT., Anand Circle, Anand vs. M/S. Kaira Dist. Co.-Op. Milk Producers Union Ltd., Anand

In the result, the appeal of the revenue is dismissed

ITA 2218/AHD/2016[2012-13]Status: DisposedITAT Ahmedabad03 Oct 2019AY 2012-13

Bench: Shri Kul Bharat & Shri Waseem Ahmedआयकर अपील सं./Ita No.2218/Ahd/2016 "नधा"रण वष"/Asstt. Year: 2012-2013 D.C.I.T, M/S. Kaira District Co-Op. Milk, Anand Circle, Vs. Producers Union Ltd., Anand. Amul Dairy Road, Anand-388001. Pan: Aaaak8694F

For Appellant: Shri Yogesh Shah A.R

Section 143(3)Section 15Section 32(1)Section 36Section 80P(2)(d)

…machinery is new and first put to use and not for any succeeding year." 6. Whether on the facts and circumstances of the case and in law the Ld.C.I.T.(A) erred in relying on the decision of Hon'ble Supreme Court in the case of Bajaj Tempo Ltd. vs. CIT (1992) 196 ITR 188(SC) to hold that the assessee should not be denied the claim of additional depreciation without appreciating that the fact of the case of Bajaj Tempo Ltd. (supra) is distinguishable from the facts of the present case in as much in that case the issue pertained to disallowance u/s. 15 of the Act, Asstt. Year 2012-13 3 whereas in the instant case…

Shirala Taluka Sahakari Dudh Utpadak & Puravatha Sanstha Ltd, Sangli vs. Income-Tax Officer, Ward - 2(1), Sangli

In the result, the appeal of the assessee is partly allowed

ITA 2326/PUN/2017[2009-10]Status: DisposedITAT Pune05 Sept 2019AY 2009-10

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri C.V. Deshpande &For Respondent: Shri Rajesh Gawli

Section 143(3)Section 80PSection 80P(2)Section 80P(2)(a)Section 80P(2)(b)

…A.R. placed on record a tabulated statement indicating rate and quantity of milk sold to outside parties and the Federal Society. The ld.A.R. further relied on the decision of Hon’ble Apex Court in the case of Bajaj Tempo Limited Vs. CIT reported in (1992) 196 ITR 188 for the proposition that a provision in a taxing statute granting incentives for promoting growth and development should be construed liberally. 5. The ld. D.R. on the other hand submitted that Sec.80P(2)(b) of the Act contemplates that deduction can only be allowed to the extent of sale of milk made to the Federal Co-operative Society or Gover…

The ACIT, Ernakulam vs. M/S.Nitta Gelatine India Ltd, Cochin

In the result, the appeal of the Revenue in ITA No

ITA 301/COCH/2017[2009-10]Status: DisposedITAT Cochin29 Aug 2019AY 2009-10

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 143(3)Section 253(1)Section 32Section 40A(3)

…2008-09, and not in the year relevant to the Assessment Year 2009-10, hence the additional depreciation claimed I.T.A. Nos. 301 & 303/Coch/2017 was disallowed. The assessee relied on the judgment of the Supreme Court in the case of Bajaj Tempo Ltd. vs. CIT (196 ITR 188) wherein it was that provisions should be applied reasonable and liberally in keeping with the spirit of section 32(1)(iia) of the Act. The Assessing Officer was of the opinion that the said proviso was brought into the Act to provide incentive or creating job and increase the production and it is not merely for buying more plant and machinery.…

Deputy Commissioner of Income-Tax, Panvel vs. M/S. Sai Homes, Navi Mumbai

In the result, the appeal of the Revenue is dismissed

ITA 1198/PUN/2017[2012-13]Status: DisposedITAT Pune26 Aug 2019AY 2012-13

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.1198/Pun/2017 िनधा"रण वष" / Assessment Year : 2012-13 Dcit, Panvel Circle, .......अपीलाथ" / Appellant Panvel. बनाम / V/S. M/S. Sai Homes, 310/313, 3Rd Floor, Persipolis Co-Op. Society, Plot No.74-A, Sector-17, Vashi, New Mumbai-400703. ……""यथ" / Respondent Pan : Abafs3226K Revenue By : Shri Vilas Munde Assessee By : Shri Nikhil Pathak सुनवाई क" तारीख / Date Of Hearing : 20.08.2019 घोषणा क" तारीख / Date Of Pronouncement : 26.08.2019 आदेश / Order Per D. Karunakara Rao, Am: This Appeal Is Filed By The Revenue Against The Order Of Cit(A)-2, Thane Dated 28.02.2017 For The Assessment Year 2012-13. 2. The Issue Raised In This Appeal Relates To The Granting Of Proportionate Deduction U/S 80Ib(10) Of The Act When There Is Violation To The Conditions Specified In The Clauses (C) & (F) I.E. Merger Of Flats & Sale Of Flats To Relatives Of Section 80Ib(10) Of The Act In Respect Of Certain Flats As Well As The On-Money Receipts In Respect Of Few Flats.

For Appellant: Shri Nikhil PathakFor Respondent: Shri Vilas Munde

Section 133ASection 143(3)Section 69Section 80I

…e’s own case for AY 2009-10 as well as various 4 Courts’ decisions including, Happy Homes Enterprises, 271 CTR 524 (Bom-2014), Rohan Homes, Brahma Associates Vs. JCIT (2009), 122 TTJ (Pune) 433, Hon'ble Supreme Court in the case of Bajaj Tempo Ltd. V/s. CIT, 196 ITR 188 and so on etc. 9. As regards the preponment of sales, the CIT(A) directed the Assessing Officer to work out the sales made after 31.03.2012 and work out the profits thereof to be excluded from computation of deduction u/s. 80IB(10) of the Act. 10. As regards the on-money, the CIT(A) directed that the on-money pertaining to Project Aster amounting…