Bharat Electronics Ltd. v. DCIT

59 ITD 116Income Tax Appellate Tribunal1996#10684 most cited

What is Bharat Electronics Ltd. v. DCIT authority for?

An ad hoc provision for pay revision, even if based on a Cabinet Note, is not deductible if Cabinet approval was not received by the end of the accounting period and the amount was paid in the following year.

10

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2022 to 2022.

Also referred to as

Bharat Electronics Ltd. v. DCIT · provision for pay revision · ad hoc provision · Cabinet approval · accounting period · allowable deduction · executive wages · prior period

Judgments citing Bharat Electronics Ltd. v. DCIT

DCIT, Circle-4(1), Bhubaneswar vs. M/S. the Orissa State Co-Operative Milk Producers Federation Ltd., Bhubaneswar

In the result, appeal of the revenue is partly allowed for statistical purposes

ITA 319/CTK/2017[2009-10]Status: HeardITAT Cuttack20 Sept 2022AY 2009-10

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2009-10 Dcit, Circle Dcit, Circle-4(1), Vs. The Orissa State Co The Orissa State Co-Op.Milk Bhubaneswar. Bhubaneswar. Producers Federation Ltd., Producers Federation Ltd., D-2, 2, Sahid Sahid Nagar, Nagar, Bhubaneswar. Bhubaneswar. Pan/Gir No. Pan/Gir No.Aabtt 3220 G (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri B.K.Mahapatra, Ca B.K.Mahapatra, Ca Revenue By : Shri M.K.Gautam, Cit M.K.Gautam, Cit Dr Date Of Hearing : 21 /9 9/2022 Date Of Pronouncement : 21/9 9/2022 O R D E R Per Bench This Is An Appeal Filed By The Revenue Against The Order Of The Ld Against The Order Of The Ld Cit(A)-2, Bhubaneswar 2, Bhubaneswar Dated 31.5.2017 In Appeal No In Appeal No.0251/2015-16 For The Assessment Year For The Assessment Year 2009-2010. 2. Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue & Shri Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue & Shri Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue & Shri B.K.Mahapatra, Ld Ar Appeared For The Assessee. B.K.Mahapatra, Ld Ar Appeared For The Assessee.

For Appellant: Shri B.K.Mahapatra, CAFor Respondent: Shri M.K.Gautam, CIT

…IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE BEFORE S/SHRI GEORGE MATHAN, JUDICIAL JUDICIAL MEMBER AND ARUN KHODPIA, ACCOUNTANT MEMBER AND ARUN KHODPIA, ACCOUNTANT MEMBER AND ARUN KHODPIA, ACCOUNTANT MEMBER Assessment Year : 2009-10 DCIT, Circle DCIT, Circle-4(1), Vs. The Orissa State Co The Orissa State Co-op.Milk Bhubaneswar. Bhubaneswar. Producers Federation Ltd., Producers Federation Ltd., D-2, 2, Sahid Sahid Nagar, Nagar, Bhubaneswar. Bhubaneswar. PAN/GIR No. PAN/GIR No.AABTT 3220 G (Appellant (Appellant) .. (…

M/S. Odisha Power Generation Corporation Limited, Bhubaneswar vs. DCIT, Corporate Circle-1(2), Bhubaneswar

In the result, appeal of the assessee is partly allowed

ITA 131/CTK/2019[2014-15]Status: DisposedITAT Cuttack12 Sept 2022AY 2014-15

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita No Ita No.114/Ctk/2014: Assessment Year Assessment Year : 2010-11

For Appellant: S/Shri Dilip Kr. Mohanty/Pradyumna Kumar Sahu

…ed by the assessee and confirm the impugned order of the Ld. CIT (A) on this issue, sustaining the disallowance of Rs. 1,60,00,000/- on account of ad hoc provision for pay revision". P a g e 16 | 52 OPGC v.) In the case of Bharat Electronics Ltd. vs. DCIT (59 ITD 116), the assessee was a Government company. It claimed allowance of the amount of executive wages payable. This was provision for revision of executive wages made in the accounts which also included certain amount relating to prior period. It was contended by the assessee that the provision had been made on the basis of the Cabinet Note dated 26.09.1…

M/S. Odisha Power Generation Corporation Limited, Bhubaneswar vs. DCIT, Corporate Circle-1(2), Bhubaneswar

In the result, appeal of the assessee is partly allowed

ITA 130/CTK/2019[2013-14]Status: DisposedITAT Cuttack12 Sept 2022AY 2013-14

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita No Ita No.114/Ctk/2014: Assessment Year Assessment Year : 2010-11

For Appellant: S/Shri Dilip Kr. Mohanty/Pradyumna Kumar Sahu

…ed by the assessee and confirm the impugned order of the Ld. CIT (A) on this issue, sustaining the disallowance of Rs. 1,60,00,000/- on account of ad hoc provision for pay revision". P a g e 16 | 52 OPGC v.) In the case of Bharat Electronics Ltd. vs. DCIT (59 ITD 116), the assessee was a Government company. It claimed allowance of the amount of executive wages payable. This was provision for revision of executive wages made in the accounts which also included certain amount relating to prior period. It was contended by the assessee that the provision had been made on the basis of the Cabinet Note dated 26.09.1…

M/S. Odisha Power Generation Corporation Ltd., Bhubaneswar vs. ACIT, Corporate Circle-1(2), Bhubaneswar

In the result, appeal of the assessee is partly allowed

ITA 64/CTK/2017[2009-10]Status: DisposedITAT Cuttack12 Sept 2022AY 2009-10

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita No Ita No.114/Ctk/2014: Assessment Year Assessment Year : 2010-11

For Appellant: S/Shri Dilip Kr. Mohanty/Pradyumna Kumar Sahu

…ed by the assessee and confirm the impugned order of the Ld. CIT (A) on this issue, sustaining the disallowance of Rs. 1,60,00,000/- on account of ad hoc provision for pay revision". P a g e 16 | 52 OPGC v.) In the case of Bharat Electronics Ltd. vs. DCIT (59 ITD 116), the assessee was a Government company. It claimed allowance of the amount of executive wages payable. This was provision for revision of executive wages made in the accounts which also included certain amount relating to prior period. It was contended by the assessee that the provision had been made on the basis of the Cabinet Note dated 26.09.1…

ACIT, Corporate Circle-1(2), Bhubaneswar vs. M/S. Orissa Power Generation Corporation Ltd., Bhubaneswar

In the result, appeal of the assessee is partly allowed

ITA 288/CTK/2016[2011-12]Status: DisposedITAT Cuttack12 Sept 2022AY 2011-12

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita No Ita No.114/Ctk/2014: Assessment Year Assessment Year : 2010-11

For Appellant: S/Shri Dilip Kr. Mohanty/Pradyumna Kumar Sahu

…ed by the assessee and confirm the impugned order of the Ld. CIT (A) on this issue, sustaining the disallowance of Rs. 1,60,00,000/- on account of ad hoc provision for pay revision". P a g e 16 | 52 OPGC v.) In the case of Bharat Electronics Ltd. vs. DCIT (59 ITD 116), the assessee was a Government company. It claimed allowance of the amount of executive wages payable. This was provision for revision of executive wages made in the accounts which also included certain amount relating to prior period. It was contended by the assessee that the provision had been made on the basis of the Cabinet Note dated 26.09.1…

M/S. Odisha Power Generation Corporation Ltd., Bhubaneswar vs. DCIT, Circle-1(1), Bhubaneswar

In the result, appeal of the assessee is partly allowed

ITA 267/CTK/2016[2011-12]Status: DisposedITAT Cuttack12 Sept 2022AY 2011-12

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita No Ita No.114/Ctk/2014: Assessment Year Assessment Year : 2010-11

For Appellant: S/Shri Dilip Kr. Mohanty/Pradyumna Kumar Sahu

…ed by the assessee and confirm the impugned order of the Ld. CIT (A) on this issue, sustaining the disallowance of Rs. 1,60,00,000/- on account of ad hoc provision for pay revision". P a g e 16 | 52 OPGC v.) In the case of Bharat Electronics Ltd. vs. DCIT (59 ITD 116), the assessee was a Government company. It claimed allowance of the amount of executive wages payable. This was provision for revision of executive wages made in the accounts which also included certain amount relating to prior period. It was contended by the assessee that the provision had been made on the basis of the Cabinet Note dated 26.09.1…

ACIT, Corporate Circle-1(2), Bhubaneswar vs. M/S. Odisha Power Generation Corporation Ltd., Bhubaneswar

In the result, appeal of the assessee is partly allowed

ITA 175/CTK/2016[2012-13]Status: DisposedITAT Cuttack12 Sept 2022AY 2012-13

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita No Ita No.114/Ctk/2014: Assessment Year Assessment Year : 2010-11

For Appellant: S/Shri Dilip Kr. Mohanty/Pradyumna Kumar Sahu

…ed by the assessee and confirm the impugned order of the Ld. CIT (A) on this issue, sustaining the disallowance of Rs. 1,60,00,000/- on account of ad hoc provision for pay revision". P a g e 16 | 52 OPGC v.) In the case of Bharat Electronics Ltd. vs. DCIT (59 ITD 116), the assessee was a Government company. It claimed allowance of the amount of executive wages payable. This was provision for revision of executive wages made in the accounts which also included certain amount relating to prior period. It was contended by the assessee that the provision had been made on the basis of the Cabinet Note dated 26.09.1…

M/S. Odisha Power Generation Corporation Ltd., Bhubaneswar vs. ACIT, Corporate Circle-1(2), Bhubaneswar

In the result, appeal of the assessee is partly allowed

ITA 173/CTK/2016[2012-13]Status: DisposedITAT Cuttack12 Sept 2022AY 2012-13

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita No Ita No.114/Ctk/2014: Assessment Year Assessment Year : 2010-11

For Appellant: S/Shri Dilip Kr. Mohanty/Pradyumna Kumar Sahu

…ed by the assessee and confirm the impugned order of the Ld. CIT (A) on this issue, sustaining the disallowance of Rs. 1,60,00,000/- on account of ad hoc provision for pay revision". P a g e 16 | 52 OPGC v.) In the case of Bharat Electronics Ltd. vs. DCIT (59 ITD 116), the assessee was a Government company. It claimed allowance of the amount of executive wages payable. This was provision for revision of executive wages made in the accounts which also included certain amount relating to prior period. It was contended by the assessee that the provision had been made on the basis of the Cabinet Note dated 26.09.1…

M/S. Odisha Power Generation Corporation Ltd., Bhubaneswar vs. DCIT, Circle-1(1), Bhubaneswar

In the result, appeal of the assessee is partly allowed

ITA 84/CTK/2014[2010-11]Status: DisposedITAT Cuttack12 Sept 2022AY 2010-11

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita No Ita No.114/Ctk/2014: Assessment Year Assessment Year : 2010-11

For Appellant: S/Shri Dilip Kr. Mohanty/Pradyumna Kumar Sahu

…ed by the assessee and confirm the impugned order of the Ld. CIT (A) on this issue, sustaining the disallowance of Rs. 1,60,00,000/- on account of ad hoc provision for pay revision". P a g e 16 | 52 OPGC v.) In the case of Bharat Electronics Ltd. vs. DCIT (59 ITD 116), the assessee was a Government company. It claimed allowance of the amount of executive wages payable. This was provision for revision of executive wages made in the accounts which also included certain amount relating to prior period. It was contended by the assessee that the provision had been made on the basis of the Cabinet Note dated 26.09.1…

DCIT, Bhubaneswar vs. Orissa Power Generation Corporation Ltd, Bhubaneswar

In the result, appeal of the assessee is partly allowed

ITA 114/CTK/2014[2010-11]Status: DisposedITAT Cuttack12 Sept 2022AY 2010-11

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaita No Ita No.114/Ctk/2014: Assessment Year Assessment Year : 2010-11

For Appellant: S/Shri Dilip Kr. Mohanty/Pradyumna Kumar Sahu

…ed by the assessee and confirm the impugned order of the Ld. CIT (A) on this issue, sustaining the disallowance of Rs. 1,60,00,000/- on account of ad hoc provision for pay revision". P a g e 16 | 52 OPGC v.) In the case of Bharat Electronics Ltd. vs. DCIT (59 ITD 116), the assessee was a Government company. It claimed allowance of the amount of executive wages payable. This was provision for revision of executive wages made in the accounts which also included certain amount relating to prior period. It was contended by the assessee that the provision had been made on the basis of the Cabinet Note dated 26.09.1…