Bajaj Tempo Ltd. v. CIT

196 ITR 188Supreme Court of India1992#272 most cited

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.

289

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2004 to 2026.

Also referred to as

Bajaj Tempo v. CIT · liberal interpretation · incentive provisions · economic growth · Section 32(1)(iia) · additional depreciation · Section 80IA · Section 80HHC · deduction provisions · tax exemptions · purposive construction

Also reported as

62 Taxmann 4803 SCC 78

Sections most often in play

Section 143(3)Section 80IASection 143(1)Section 80HHCSection 139(1)Section 80IBSection 10BSection 263

Issues it is cited on

section 32(1)(iia)section 80hhsection 80ia(4)section 80hhcdeduction under section 80iainfrastructure facilitydeduction u/s 80iatax benefitadditional depreciationsection 80iasection 80asection 80i

Judgments citing Bajaj Tempo Ltd. v. CIT

Abhilash Synergetic Constructions & Exports Private Limited, Visakhapatnam vs. The Income Tax Officer, Ward-1(5), Visakhapatnam

In the result, appeals filed by the assessee in ITA No

ITA 108/VIZ/2019[2009-10]Status: DisposedITAT Visakhapatnam19 Jul 2019AY 2009-10

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

For Appellant: Shri C. Subrahmanyam, FCAFor Respondent: Smt. Suman Malik,Sr.DR
Section 133ASection 143(3)Section 148Section 801BSection 801B(10)Section 80ISection 8O

…IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO, HON’BLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, HON’BLE ACCOUNTANT MEMBER ITA No. 104/VIZ/2018 & ITA Nos. 108 & 109/VIZ/2019 (Asst. Year: 2007-08, 2009-10&2012-13) Abhilash Synergetic vs. 1) ACIT, Circle-5(1), Constructions & Exports Pvt. Visakhapatnam. Ltd., D.No. 9-29-14, Balaji Nagar, Siripuram, 2) ITO, Ward-1(5), Visakhapatnam. Visakhapatnam. 3) ACIT, Circle-1(1), Visakhapatnam. PAN No. AAFCA 9530 M (Appellant) (Respondents) Assessee by : Shri C. Subrahmanyam, FCA. Department By : Smt. Suman Malik,Sr.DR Date o…

Abhilash Synergetic Constructions & Exports Private Limited, Visakhapatnam vs. Assistant Commissioner of Income Tax, Circle-5(1), Visakhapatnam

In the result, appeals filed by the assessee in ITA No

ITA 104/VIZ/2018[2007-08]Status: DisposedITAT Visakhapatnam19 Jul 2019AY 2007-08

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

For Appellant: Shri C. Subrahmanyam, FCAFor Respondent: Smt. Suman Malik,Sr.DR
Section 133ASection 143(3)Section 148Section 801BSection 801B(10)Section 80ISection 8O

…IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO, HON’BLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, HON’BLE ACCOUNTANT MEMBER ITA No. 104/VIZ/2018 & ITA Nos. 108 & 109/VIZ/2019 (Asst. Year: 2007-08, 2009-10&2012-13) Abhilash Synergetic vs. 1) ACIT, Circle-5(1), Constructions & Exports Pvt. Visakhapatnam. Ltd., D.No. 9-29-14, Balaji Nagar, Siripuram, 2) ITO, Ward-1(5), Visakhapatnam. Visakhapatnam. 3) ACIT, Circle-1(1), Visakhapatnam. PAN No. AAFCA 9530 M (Appellant) (Respondents) Assessee by : Shri C. Subrahmanyam, FCA. Department By : Smt. Suman Malik,Sr.DR Date o…

ITO, Ward-35(2), New Delhi vs. Vijay Gupta, Delhi

In the result, the appeal of the Revenue is dismissed

ITA 4080/DEL/2018[2014-15]Status: DisposedITAT Delhi18 Jul 2019AY 2014-15

Bench: Shri Kuldip Singh & Shri Anadee Nath Misshra

For Appellant: Shri V.K. Tulsiyan, CAFor Respondent: Shri Surender Pal, Sr. DR
Section 1Section 3Section 6Section 8Section 801CSection 80I

…ict. As is with the words used so is with the language employed in drafting a piece of legislation ..... " Page 17 of 36 ITA No.- 4080/Del/2018. Sh. Vijay Gupta. 37. In Bajaj Tempo Ltd., Bombay v. Commissioner of income Tax, Bombay City-III, Bombay, (1992) 3 SCC 78, the Apex Court observed that: " 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…

Piramal Healthcare Ltd, Mumbai vs. DCIT 7(1), Mumbai

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

ITA 1257/MUM/2014[2009-10]Status: DisposedITAT Mumbai07 May 2019AY 2009-10

Bench: Shri G.S.Pannu & Shri Ravish Soodpiramal Healthcare Limited Deputy Commissioner Of Income (Now Known As Piramal Enterprises Ltd.) Tax- 7(1) Piramal Tower, Room No. 622, Aayakar Bhavan, Ganpatrao Kadam Marg, Vs. M.K. Road Lower Parel, Mumbai- 400 020 Mumbai – 400 013

For Appellant: Sh. J.D, Mistry, Senior Advocate &For Respondent: S/sh. Bhupendra Kumar Singh &
Section 143(3)Section 35

…utical unit of the assessee at Baddi, Himachal Pradesh was set up as on 10.06.2006 i.e the period relevant to A.Y. 2007-08. At this stage, we may further observe that as had been held by the Hon‟ble Supreme Court in the case of Bajaj Tempo Ltd. Vs. CIT (1992) 196 ITR 188 (SC), in order that a new undertaking can be said to be not formed out of the already existing business, there must be a new emergence of physically separate industrial unit which may exist on its own as a viable unit. On the basis of our aforesaid deliberations, we are of the considered view that the manufacturing of new pharmaceutical formulati…

DCIT, Rohtak vs. Sh. Pankaj Sachdeva, Rohtak

In the result, appeal filed by Revenue is dismissed

ITA 3609/DEL/2016[2012-13]Status: DisposedITAT Delhi19 Mar 2019AY 2012-13

Bench: Smt. Diva Singh & Shri Anadee Nath Misshra

For Appellant: Shri Sanjay Nath, CAFor Respondent: Ms. Ashima Neb, Sr. DR
Section 80I

…o the assessee was to be followed in view of the reasoning laid down by the Hon’ble Supreme Court in the case of CIT vs. Vegetable Products Ltd. reported in 88ITR 192 (SC). It has also been held by the Apex Court in the case of CIT vs. Bajaj Tempo reported in 196 ITR 188 that provision for incentive or growth and development should be interpreted liberally so as to achieve the object for which, the deductions are provided in the Act. It is submitted that in the instant case, the deduction has been provided for the development of the State of Himachal Pradesh and as such, since the assessee has undertaken expansio…

Shri Vijay Kumar Aggarwal, Jalandhar vs. Income Tax Oficer, Ward II(4), Jalandhar

In the result, the appeals of the assessee are dismissed

ITA 119/ASR/2018[2014-15]Status: DisposedITAT Amritsar18 Mar 2019AY 2014-15

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryita No. 38/Asr./2017 : Asstt. Year : 2013-14 Ita No. 77/Asr./2017 : Asstt. Year : 2012-13

For Appellant: Sh. J. S. Bhasin, AdvFor Respondent: Ms. Shivani Bansal, DR
Section 43B

…laid down by Hon'ble Apex Court in under noted cases, that an interpretation in favour of the assessee has to be taken when there are two possible interpretations to a Section. (a) Vegetable Products Ltd., 88 ITR 192 (S.C.) (b) Bajaj Tempo Ltd. vs. CIT(1992) 196 ITR 188 (S.C.) (c) CIT vs. Gwalior Rayon Silk Mfg. Co. Ltd. (1992) 196 ITR 149, 153 (SC) (d) CIT 1/5. K.E.Sundara Mudaiiar (1950) 18 ITR 259 (Mad.) 18 ITR 259. Therefore, the appeal of the assessee, in the light of facts and the judicial authorities relied upon supra, deserves to be allowed in full.” 7. On the other hand, the departmental representative…

Sh. Vijay Kumar Aggarwal, Prop., Jalandhar vs. Income Tax Officer, Jalandhar

In the result, the appeals of the assessee are dismissed

ITA 38/ASR/2017[2013-14]Status: DisposedITAT Amritsar18 Mar 2019AY 2013-14

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryita No. 38/Asr./2017 : Asstt. Year : 2013-14 Ita No. 77/Asr./2017 : Asstt. Year : 2012-13

For Appellant: Sh. J. S. Bhasin, AdvFor Respondent: Ms. Shivani Bansal, DR
Section 43B

…laid down by Hon'ble Apex Court in under noted cases, that an interpretation in favour of the assessee has to be taken when there are two possible interpretations to a Section. (a) Vegetable Products Ltd., 88 ITR 192 (S.C.) (b) Bajaj Tempo Ltd. vs. CIT(1992) 196 ITR 188 (S.C.) (c) CIT vs. Gwalior Rayon Silk Mfg. Co. Ltd. (1992) 196 ITR 149, 153 (SC) (d) CIT 1/5. K.E.Sundara Mudaiiar (1950) 18 ITR 259 (Mad.) 18 ITR 259. Therefore, the appeal of the assessee, in the light of facts and the judicial authorities relied upon supra, deserves to be allowed in full.” 7. On the other hand, the departmental representative…

Ntt Data Global Delivery Services Ltd., Bangalore vs. DCIT, New Delhi

The appeal of the assessee is partly allowed

ITA 5196/DEL/2014[2009-10]Status: DisposedITAT Delhi20 Dec 2018AY 2009-10

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishintt Data Global Delivery Vs. Dcit, Services Ltd, Circle-13(1), No. 17, South End Road, New Delhi Bangalore Pan: Aabck7777J (Appellant) (Respondent)

For Appellant: Shri Purushottam, AdvFor Respondent: Shri Amit Katoch, CIT DR
Section 10Section 10ASection 143

…, the play-in- the-joints is allowed to the Legislature and the liberal interpretation of the exemption provisions to make a purposive interpretation, was also propounded by Hon'ble Supreme Court in the following cases:— [I] In Bajaj Tempo Ltd. v. CIT [1992] 196 ITR 188/62 Taxman 480, the Hon'ble Supreme Court held that:— "5. . . . . . 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. But that turned out to be the, unintended, consequence of construing th…

Deputy Commissioner of Income Tax, Circle-7(1)(1), Bangalore vs. M/S Tata Elxsi. Ltd, Bangalore

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

ITA 1517/BANG/2017[2011-12]Status: DisposedITAT Bangalore05 Dec 2018AY 2011-12

Bench: Shri N.V.Vasudevan & Shri Inturi Rama Raom/S.Tata Elxsi Ltd., Itpb Road, Hoody, Whitefield Road, Bengaluru-560 048. … Appellant Pan:Aaact 7872 Q Vs

For Appellant: Shri Padamchand Khincha, CAFor Respondent: Shri Pradeep Kumar, CIT(DR)
Section 10ASection 115JSection 143(3)Section 155

…t, the play-in- the-joints is allowed to the Legislature and the liberal interpretation of the exemption provisions to make a purposive interpretation, was also propounded by Hon'ble Supreme Court in the following cases:— [I] In Bajaj Tempo Ltd. v. CIT [1992] 196 ITR 188/62 Taxman 480, the Hon'ble Supreme Court held that:— "5. . . . . . 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. But that turned out to be the, unintended, consequence of construing the…

Deputy Commissioner of Income Tax, Circle-7(1)(1), Bangalore vs. M/S Tata Elxsi. Ltd., Bangalore

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

ITA 1516/BANG/2017[2010-11]Status: DisposedITAT Bangalore05 Dec 2018AY 2010-11

Bench: Shri N.V.Vasudevan & Shri Inturi Rama Raom/S.Tata Elxsi Ltd., Itpb Road, Hoody, Whitefield Road, Bengaluru-560 048. … Appellant Pan:Aaact 7872 Q Vs

For Appellant: Shri Padamchand Khincha, CAFor Respondent: Shri Pradeep Kumar, CIT(DR)
Section 10ASection 115JSection 143(3)Section 155

…t, the play-in- the-joints is allowed to the Legislature and the liberal interpretation of the exemption provisions to make a purposive interpretation, was also propounded by Hon'ble Supreme Court in the following cases:— [I] In Bajaj Tempo Ltd. v. CIT [1992] 196 ITR 188/62 Taxman 480, the Hon'ble Supreme Court held that:— "5. . . . . . 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. But that turned out to be the, unintended, consequence of construing the…

M/S Tata Elxsi Ltd, Bangalore vs. Deputy Commissioner of Income Tax Circle-7(1)(1), Bangalore

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

ITA 1222/BANG/2017[2011-12]Status: DisposedITAT Bangalore05 Dec 2018AY 2011-12

Bench: Shri N.V.Vasudevan & Shri Inturi Rama Raom/S.Tata Elxsi Ltd., Itpb Road, Hoody, Whitefield Road, Bengaluru-560 048. … Appellant Pan:Aaact 7872 Q Vs

For Appellant: Shri Padamchand Khincha, CAFor Respondent: Shri Pradeep Kumar, CIT(DR)
Section 10ASection 115JSection 143(3)Section 155

…t, the play-in- the-joints is allowed to the Legislature and the liberal interpretation of the exemption provisions to make a purposive interpretation, was also propounded by Hon'ble Supreme Court in the following cases:— [I] In Bajaj Tempo Ltd. v. CIT [1992] 196 ITR 188/62 Taxman 480, the Hon'ble Supreme Court held that:— "5. . . . . . 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. But that turned out to be the, unintended, consequence of construing the…

ITO 15(2)(1), Mumbai vs. Hydrao Pneumatic Accessories India P. Ltd, Mumbai

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

ITA 713/MUM/2016[2010-11]Status: DisposedITAT Mumbai26 Oct 2018AY 2010-11

Bench: Shri C.N. Prasad () & Shri N.K. Pradhan () Assessment Year: 2010-11 Hydro Pneumatic Ito-10(3)(1), Mumbai. Accessories India Pvt. Ltd. Vs. 17, Raja Industrial Estate, P.K. Road, Nahur Village, Mulund (W), Mumbai- 400080. Pan No. Aaach1351A Respondent Appellant Assessment Year: 2010-11 Ito-15(2)(1), Room No. Hydro Pneumatic 452, 4Th Floor, Aayakar Vs. Accessories India Pvt. Ltd. Bhavan, Maharshi 17, Raja Industrial Estate, Karve Road, Mumbai- P.K. Road, Nahur Village, 400020. Mulund (W), Mumbai- 400080. Pan No. Aaach1351A Appellant Respondent Assessee By : Mr. Dharan V. Gandhi, Ar Revenue By : Mr. Abiram Kartikeyan, Dr Date Of Hearing : 31/07/2018 Date Of Pronouncement: 26/10/2018

For Appellant: Mr. Dharan V. Gandhi, ARFor Respondent: Mr. Abiram Kartikeyan, DR
Section 10BSection 142(1)Section 143(3)

…tation and in spite of having all the assessment records of earlier years, the AO disallowed the entire expenditure without doubting the status of the assessee being a 100% EOU for last many years. Reliance is placed by him on the decision in Bajaj Tempo Ltd. 196 ITR 188 (SC). 11. Hydro Pneumatic 11. We have heard the rival submissions and perused the relevant materials on record. We have examined the status of allowability of claim u/s 10B made by the assessee for AYs 2006-07, 2007-08, 2008-09, 2009- 10 and 2011-12 delineated at para 10 hereinbefore. In the instant case the assessee had filed before the AO the a…

Hydro Pneumatic Acccessories India P.Ltd, Mumbai vs. ITO 10(3)(1), Mumbai

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

ITA 517/MUM/2016[2010-11]Status: DisposedITAT Mumbai26 Oct 2018AY 2010-11

Bench: Shri C.N. Prasad () & Shri N.K. Pradhan () Assessment Year: 2010-11 Hydro Pneumatic Ito-10(3)(1), Mumbai. Accessories India Pvt. Ltd. Vs. 17, Raja Industrial Estate, P.K. Road, Nahur Village, Mulund (W), Mumbai- 400080. Pan No. Aaach1351A Respondent Appellant Assessment Year: 2010-11 Ito-15(2)(1), Room No. Hydro Pneumatic 452, 4Th Floor, Aayakar Vs. Accessories India Pvt. Ltd. Bhavan, Maharshi 17, Raja Industrial Estate, Karve Road, Mumbai- P.K. Road, Nahur Village, 400020. Mulund (W), Mumbai- 400080. Pan No. Aaach1351A Appellant Respondent Assessee By : Mr. Dharan V. Gandhi, Ar Revenue By : Mr. Abiram Kartikeyan, Dr Date Of Hearing : 31/07/2018 Date Of Pronouncement: 26/10/2018

For Appellant: Mr. Dharan V. Gandhi, ARFor Respondent: Mr. Abiram Kartikeyan, DR
Section 10BSection 142(1)Section 143(3)

…tation and in spite of having all the assessment records of earlier years, the AO disallowed the entire expenditure without doubting the status of the assessee being a 100% EOU for last many years. Reliance is placed by him on the decision in Bajaj Tempo Ltd. 196 ITR 188 (SC). 11. Hydro Pneumatic 11. We have heard the rival submissions and perused the relevant materials on record. We have examined the status of allowability of claim u/s 10B made by the assessee for AYs 2006-07, 2007-08, 2008-09, 2009- 10 and 2011-12 delineated at para 10 hereinbefore. In the instant case the assessee had filed before the AO the a…

Daimler Chrysler India Pvt. Ltd., Pune vs. Deputy Commissioner of Income-Tax, Pune

In the result, the cross objection of the assessee is dismissed

ITA 1381/PUN/2003[1998-99]Status: DisposedITAT Pune08 Aug 2018AY 1998-99

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.1381/Pun/2003 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 1998-09 वष"

For Appellant: Shri Pramod AchuthanFor Respondent: Shri Rajeev Kumar, CIT
Section 143(3)Section 15ASection 35A

…e submitted that these provisions of section 35AB of the Act, being beneficial one there is a requirement of interpreting the provisions in favour of the assessee. For this proposition, he relied on the following judgmental laws : 1. Bajaj Tempo Ltd. Vs. CIT 196 ITR 188 2. CIT Vs. M/s.Vegetables Products Ltd. 88 ITR 192 3. Gannon Dunkerly & Co. Ltd. Vs. CBDT 159 ITR 162 (Bom.) Ld. Counsel for the assessee submitted that once the assessee incurs any cost towards acquisition of know-how, the deduction for the same was always intended to be allowed to the assessee. In this regard, he referred to amendment of sect…

Deputy Commissioner of Income-Tax vs. Daimler Chrysler India Pvt. Ltd., Pune

In the result, the cross objection of the assessee is dismissed

ITA 1325/PUN/2003[1998-99]Status: DisposedITAT Pune08 Aug 2018AY 1998-99

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.1381/Pun/2003 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 1998-09 वष"

For Appellant: Shri Pramod AchuthanFor Respondent: Shri Rajeev Kumar, CIT
Section 143(3)Section 15ASection 35A

…e submitted that these provisions of section 35AB of the Act, being beneficial one there is a requirement of interpreting the provisions in favour of the assessee. For this proposition, he relied on the following judgmental laws : 1. Bajaj Tempo Ltd. Vs. CIT 196 ITR 188 2. CIT Vs. M/s.Vegetables Products Ltd. 88 ITR 192 3. Gannon Dunkerly & Co. Ltd. Vs. CBDT 159 ITR 162 (Bom.) Ld. Counsel for the assessee submitted that once the assessee incurs any cost towards acquisition of know-how, the deduction for the same was always intended to be allowed to the assessee. In this regard, he referred to amendment of sect…

ACIT, Cir-32, Kolkata vs. Jitendra Seth, Kolkata

Appeal is dismissed

ITA 1420/KOL/2016[2012-13]Status: DisposedITAT Kolkata27 Jul 2018AY 2012-13

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godaraassessment Year:2012-13 Acit, Circle-32, Jitendra Seth बनाम 10B, Middleton Row, 87, Karnani Estate, 209, / 2Nd Floor, Kolkata-71 V/S. A.J.C. Bose Road, Kolkata-700 017 [Pan No.Ajhs 9552 M] .. अपीलाथ" /Appellant ""यथ" /Respondent Shri Saurabh Kumar, Addl. Cit-Sr-Dr अपीलाथ" क" ओर से/By Appellant Shri Miraj D Shah, Ar ""यथ" क" ओर से/By Respondent 04-07-2018 सुनवाई क" तार"ख/Date Of Hearing 27-07-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Revenue’S Appeal For Assessment Year 2012-13 Challenges Commissioner Of Income Tax (Appeals)-9, Kolkata’S Order Dated 31.03.2016 Passed In Case No. 749/Cit(A)-9/Cir-32/2014-15/Kol, Reversing Assessing Officer’S Action Disallowing Assessee’S Commission Paid Of ₹51,56,694/- As Well As Partly Restricting Section 54F Deduction Disallowance To ₹42,39,181/- Out Of ₹56,52,242/-; Respectively, Involving Proceedings U/S. 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’ Heard Both The Parties. Case File Perused.

Section 133(6)Section 143(3)Section 44ASection 54F

…he IT Act 1961 is a benefit giving section and the same should be constructed liberally. Once an assessee falls within the ambit of a beneficial provision, then the said provision should be liberally interpreted. The Apex Court in the case of Bajaj Tempo Ltd. 196 ITR 188 (SC). A provision in a taxing statute granting incentives for promoting growth and development should be construed liberally, and since as provision 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 provision and not frustrate it. While interpreting t…

ITO WD 2(3), Kalyan vs. Nancy Icon Builders and Developers, Ulhasnagar

In the result, appeal filed by Revenue is dismissed

ITA 6491/MUM/2012[2009-10]Status: DisposedITAT Mumbai11 Jul 2018AY 2009-10
Section 143(3)Section 254(1)Section 80I

…assessee, was granted by Calcutta Tribunal, in the case of Bengal Ambuja Housing Developments Ltd. (supra), which was confirmed by the Calcutta High Court in ITA No. 458/2006 by order dated 05.01.2007. 13. The Hon’ble Supreme Court in Bajaj Tempo Ltd Vs CIT 196 ITR 188 SC held that a provision in a taxing statute granting incentives for promoting growth and development should be construed liberally. Since a provision of section 80IB(10) is intended for promoting the need of the housing in the urban area , the provision has to be interpreted liberally the restriction on it too has to be construed so as to adva…

Dy.Commissioner of Income Tax, Circle-2(2), Hyderabad vs. Hyderabad Menzies Air Cargo Private Limited, Hyderabad

In the result, appeals of the assessee are allowed"

ITA 1742/HYD/2017[2014-15]Status: DisposedITAT Hyderabad08 Jun 2018AY 2014-15

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

For Appellant: S/Shri Manish V. Shah &For Respondent: Shri K. Srinivas Reddy
Section 115JSection 143(1)Section 143(3)Section 80Section 801ASection 801A(4)Section 80ISection 80l

…IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH ‘B', HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA Nos. 1574 & 1742/Hyd/2017 Assessment Years: 2013-14 & 2014-15 Dy. Commissioner of vs. Hyderabad Menzies Air Income-tax, Circle – 2(2), Cargo Pvt. Ltd., Hyderabad. Hyderabad. PAN – AACCC9611 N Appellant Respondent Revenue by: Shri K. Srinivas Reddy Assessee by: S/Shri Manish V. Shah & Sunil Jain Date of hearing: 29/05/2018 Date of pronouncement: 08/06/2018 O R D E R PER S. RIFAUR RAHMAN, AM: Both these appeals filed by the Revenue are directed agai…

Dy.Commissioner of Income Tax, Circle-2(2), Hyderabad vs. Hyderabad Menzies Air Cargo Private Limited, Hyderabad

In the result, appeals of the assessee are allowed"

ITA 1574/HYD/2017[2013-14]Status: DisposedITAT Hyderabad08 Jun 2018AY 2013-14

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

For Appellant: S/Shri Manish V. Shah &For Respondent: Shri K. Srinivas Reddy
Section 115JSection 143(1)Section 143(3)Section 80Section 801ASection 801A(4)Section 80ISection 80l

…IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH ‘B', HYDERABAD BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA Nos. 1574 & 1742/Hyd/2017 Assessment Years: 2013-14 & 2014-15 Dy. Commissioner of vs. Hyderabad Menzies Air Income-tax, Circle – 2(2), Cargo Pvt. Ltd., Hyderabad. Hyderabad. PAN – AACCC9611 N Appellant Respondent Revenue by: Shri K. Srinivas Reddy Assessee by: S/Shri Manish V. Shah & Sunil Jain Date of hearing: 29/05/2018 Date of pronouncement: 08/06/2018 O R D E R PER S. RIFAUR RAHMAN, AM: Both these appeals filed by the Revenue are directed agai…

Income Tax Officer, Bangalore vs. Shri. Somchand Kanji, Bangalore

In the result, appeal by the Revenue is dismissed

ITA 1717/BANG/2016[2012-13]Status: DisposedITAT Bangalore02 May 2018AY 2012-13

Bench: Shri N.V Vasudevan & Shri. Jason P Boazthe Asst. Commissioner Of Income-Tax, Circle-5(2)(2), Bangalore. .Appellant Vs. Shri Somchand Kanji, (Rept. By Hiten Somchand Ladhad) No.43, 2Nd Main Road, New Tharagupet, Bangalore. . Respondent Pan – Aezpk 6069E. Appellant By : Shri B.R Ramesh, Jcit Respondent By : Shri G.S Prashanth, C.A Date Of Hearing : 26-04-2018 Date Of Pronouncement : 2-05-2018

For Appellant: Shri B.R Ramesh, JCITFor Respondent: Shri G.S Prashanth, C.A
Section 260ASection 54Section 54F

…F of the Act are beneficial provisions for promoting construction of residential house and requires to be construed liberally in achieving that purpose. The CIT(A) relied on the decision of the Hon'ble Supreme Court held in the case of Bajaj Tempo Ltd. Vs CIT 196 ITR 188(SC) wherein it was held that a provision in taxing statue granting incentive for promoting growth and development should be construed liberally, the restriction on it too has to be construed so as to advance objective of the provision and not to frustrate it. For all the above reasons the CIT(A) directed the AO to allow the claim of the Assessee…