Beach Minerals Company Pvt. Ltd. v. ACIT

64 Taxmann.com 218Reported decision2015#5547 most cited

What is Beach Minerals Company Pvt. Ltd. v. ACIT authority for?

Disallowances made under section 14A cannot be added back to book profits when computing taxable income under section 115JB. This interpretation has been consistently followed by tribunals.

21

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2023.

Also referred to as

Beach Minerals Company Pvt. Ltd. v. ACIT · 64 Taxmann.com 218 · section 115JB · section 14A · book profits · disallowance · MAT computation

Issues it is cited on

section 8d(2)(ii)ready for usesection 35(1)(i)section 35(1)(iv)section 35(1)(ii)r&d expendituresection 35(1)section 244weighted deductionsection 35(2ab)section 234dextension of limitation

Judgments citing Beach Minerals Company Pvt. Ltd. v. ACIT

M/S. Saint Gobain Glass India Private Limited, Kancheepuram vs. DCIT, Chennai

ITA 2096/CHNY/2011[2007-08]Status: DisposedITAT Chennai13 Jul 2016AY 2007-08

Bench: Shri A.Mohan Alankamony & Shri Duvvuru Rl Reddy

Section 10Section 115JSection 143(3)Section 144C(5)Section 14A

…rofit and loss under normal computation. 5 Disallowance under section 14A of the Act r.w.r.8D of the Rules under section 115 JB of the Act: 4.3 On this issue, this Bench of the Tribunal in the case of M/s. Beach Minerals Company P.Ltd. Vs. ACIT reported in 64 Taxmann.com 218 has held that disallowance under section 14A cannot be made while computing profit and loss of the assessee under section 115JB of the Act because a section with legal fiction cannot be imposed on another section with legal fiction. Undoubtedly both sections 14A & 115JB of the Act are provisions with legal fictions. For the aforesaid re…