Bennet Coleman & Co. Ltd. v. V.P. Damle, Third ITO

157 ITR 812High Court1986#5332 most cited

What is Bennet Coleman & Co. Ltd. v. V.P. Damle, Third ITO authority for?

Interest chargeable under section 201(1A) of the Income Tax Act is not penal in nature and therefore cannot be waived on the basis of intentional default or other grounds.

22

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2011 to 2024.

Also referred to as

Bennet Coleman & Co. Ltd. v. V.P. Damle · Third ITO · section 201(1A) · interest u/s 201(1A) · not penal · waiver of interest · mandatory interest · TDS interest

Also reported as

120 Taxmann 584

Sections most often in play

Section 143(3)Section 201(1A)Section 35(1)(ii)Section 37(1)Section 40A(2)(a)Section 40A(2)(b)Section 46A

Issues it is cited on

section 221intra group servicesinterest under section 201(1a)far analysissection 273benchmarking analysistransactional net margin methodsection 201(1a)section 273bcup methodrule of consistencymost appropriate method

Judgments citing Bennet Coleman & Co. Ltd. v. V.P. Damle, Third ITO

CIT vs. Cj International Hotels Ltd

The appeals are allowed

ITA/445/2011HC Delhi11 May 2011

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE M.L. MEHTA

Section 133ASection 192Section 201Section 201(1)

…e payment of interest under that provision is not penal. There is, therefore, no question of waiver of such interest on the basis that the default was not intentional or on any other basis. (See Bennet Coleman & Co. Ltd. v. V.P. Damle, Third ITO, [1986] 157 ITR 812 (Bom.) and CIT v. Prem Nath Motors (P.) Ltd., [2002] 120 Taxman 584 (Delhi). ITAs No.475/2010, 476/2010, 870/2010 & 445/2011 Page 28 of 28 31. In view of our discussions, we thus answer the questions accordingly as indicated above. The appeals are allowed without any order as to costs. M.L.MEHTA (JUDGE)…

CIT vs. Cj International Hotels Ltd

The appeals are allowed

ITA - 445 / 2011HC Delhi11 May 2011
Section 133ASection 192Section 201Section 201(1)

…e payment of interest under that provision is not penal. There is, therefore, no question of waiver of such interest on the basis that the default was not intentional or on any other basis. (See Bennet Coleman & Co. Ltd. v. V.P. Damle, Third ITO, [1986] 157 ITR 812 (Bom.) and CIT v. Prem Nath Motors (P.) Ltd., [2002] 120 Taxman 584 (Delhi). 2011:DHC:2639-DB ITAs No.475/2010, 476/2010, 870/2010 & 445/2011 Page 28 of 28 31. In view of our discussions, we thus answer the questions accordingly as indicated above. The appeals are allowed without any order as to costs. M.L.MEH…