Bechtel India Pvt. Ltd. v. Add!. CIT

32 Taxmann.com 123High Court2013#15613 most cited
6

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2020.

Judgments citing Bechtel India Pvt. Ltd. v. Add!. CIT

DCIT, Central Circle - 2(1), Kolkata vs. M/S. Paharpur Cooling Towers Ltd., Kolkata

ITA 219/KOL/2018[2013-14]Status: DisposedITAT Kolkata28 Feb 2020AY 2013-14

Bench: Shri S.S.Godara & Dr. A.L.Saini

Section 143(3)Section 144C(3)Section 14ASection 154Section 43B

…nce made by the Ld. AO to Instruction No. 3/2010, I find that the said Circular was considered by the Special Bench of ITAT, Mumbai in the case of DCIT Vs. Bank of Bahrain & Kuwait (41 SOT 290) and ITAT, Delhi the case of Bechtel India Pvt. Ltd Vs. Add!. CIT (32 Taxmann.com 123) as also the judgment of the Supreme Court in the case of CIT Vs Woodward Governor India P. Ltd (supra) was considered by the ITAT. Having considered both, the Tribunal held that the view canvassed by the CBOT in its Instruction No.3/2010 was contrary to the ratio laid down by the Hon'ble Supreme Court in the case of CIT Vs Woodward Govern…

DCIT, Central Circle - 2(1), Kolkata vs. M/S. Paharpur Cooling Towers Ltd., Kolkata

ITA 218/KOL/2018[2012-13]Status: DisposedITAT Kolkata28 Feb 2020AY 2012-13

Bench: Shri S.S.Godara & Dr. A.L.Saini

Section 143(3)Section 144C(3)Section 14ASection 154Section 43B

…nce made by the Ld. AO to Instruction No. 3/2010, I find that the said Circular was considered by the Special Bench of ITAT, Mumbai in the case of DCIT Vs. Bank of Bahrain & Kuwait (41 SOT 290) and ITAT, Delhi the case of Bechtel India Pvt. Ltd Vs. Add!. CIT (32 Taxmann.com 123) as also the judgment of the Supreme Court in the case of CIT Vs Woodward Governor India P. Ltd (supra) was considered by the ITAT. Having considered both, the Tribunal held that the view canvassed by the CBOT in its Instruction No.3/2010 was contrary to the ratio laid down by the Hon'ble Supreme Court in the case of CIT Vs Woodward Govern…

DCIT, Central Circle - 2(1), Kolkata vs. M/S. Paharpur Cooling Towers Ltd., Kolkata

ITA 217/KOL/2018[2011-12]Status: DisposedITAT Kolkata28 Feb 2020AY 2011-12

Bench: Shri S.S.Godara & Dr. A.L.Saini

Section 143(3)Section 144C(3)Section 14ASection 154Section 43B

…nce made by the Ld. AO to Instruction No. 3/2010, I find that the said Circular was considered by the Special Bench of ITAT, Mumbai in the case of DCIT Vs. Bank of Bahrain & Kuwait (41 SOT 290) and ITAT, Delhi the case of Bechtel India Pvt. Ltd Vs. Add!. CIT (32 Taxmann.com 123) as also the judgment of the Supreme Court in the case of CIT Vs Woodward Governor India P. Ltd (supra) was considered by the ITAT. Having considered both, the Tribunal held that the view canvassed by the CBOT in its Instruction No.3/2010 was contrary to the ratio laid down by the Hon'ble Supreme Court in the case of CIT Vs Woodward Govern…

DCIT, Cir-4(1), Kolkata vs. M/S Mcleod Russel India Ltd., Kolkata

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

ITA 115/KOL/2016[2009-2010]Status: DisposedITAT Kolkata03 May 2019AY 2009-2010

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

Section 143(3)Section 43B

…. This view was reiterated by the same Court in its later decision in the case of CIT Vs. Oil & Natural Gas Corpn. Limited Vs CIT (322 ITR 180). 10.5 The A/R’s reliance on the decisions of the ITAT, Delhi in the case of Bechtel India PVT. Ltd. Vs. Addl. CIT (32 Taxmann.com 123) and ITAT, Mumbai Special Bench in the case of DCIT v. Bank of Bahrain and Kuwait (41 SOT 290) also found to be relevant. In arriving at the finding that MTM losses were definitive and not notional or contingent, the ITAT Benches had taken into account not only the decisions of the Apex Court referred above but also the CBDT Instruction No…

DCIT, Cir-4(1), Kolkata vs. M/S Mcleod Russel India Ltd., Kolkata

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

ITA 114/KOL/2016[2008-09]Status: DisposedITAT Kolkata03 May 2019AY 2008-09

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

Section 143(3)Section 43B

…. This view was reiterated by the same Court in its later decision in the case of CIT Vs. Oil & Natural Gas Corpn. Limited Vs CIT (322 ITR 180). 10.5 The A/R’s reliance on the decisions of the ITAT, Delhi in the case of Bechtel India PVT. Ltd. Vs. Addl. CIT (32 Taxmann.com 123) and ITAT, Mumbai Special Bench in the case of DCIT v. Bank of Bahrain and Kuwait (41 SOT 290) also found to be relevant. In arriving at the finding that MTM losses were definitive and not notional or contingent, the ITAT Benches had taken into account not only the decisions of the Apex Court referred above but also the CBDT Instruction No…

Pramerica Aspf II Cyprus Holding Ltd, Gurgaon vs. DCIT (It) 3(3)(2), Mumbai

In the result, the appeal of the assessee is allowed as above

ITA 1113/MUM/2015[2010-11]Status: DisposedITAT Mumbai29 Feb 2016AY 2010-11

Bench: Shri G.S.Pannu & Shri Pawan Singhpramerica Aspf Ii Cyprus Holding Limited, C/O. Pricewaterhouse Coopers Pvt. Ltd. 18Th Floor, Building No.10, Tower –C, Dlf Cybercity, Gurgaon - 122002 ... Appellant Pan: Aaecp 5087H Vs. The Dcit ( Intl.Taxation) 3(3)(2), Room No.11,Scindia House, Ground Floor, Ballard Estate Mumbai .... Respondent

For Appellant: S/ Shri Kanchan Kaushal/Dhanesh BafnaFor Respondent: Smt. Vandana Sagar
Section 143(1)Section 143(3)Section 145Section 234BSection 234CSection 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “L”, MUMBAI BEFORE SHRI G.S.PANNU, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER Pramerica ASPF II Cyprus Holding Limited, C/o. Pricewaterhouse Coopers Pvt. Ltd. 18th Floor, building No.10, Tower –C, DLF Cybercity, Gurgaon - 122002 ... Appellant PAN: AAECP 5087H Vs. The DCIT ( Intl.Taxation) 3(3)(2), Room No.11,Scindia House, Ground Floor, Ballard Estate Mumbai .... Respondent Appellant by : S/ Shri Kanchan Kaushal/Dhanesh Bafna Respondent by : Smt. Vandana Sagar Date of hearing : 25/02/2016 Date of pronouncement : 29/2/2016 ORDER PER G.S. PANNU,A…