Bhartia Industries Ltd. v. CIT

353 ITR 486High Court2013#24627 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2021.

Judgments citing Bhartia Industries Ltd. v. CIT

M/S.Srl Diagnostics Private Limited, Mumbai vs. Principal Commissioner Income Tax-7, Mumbai

Accordingly, the grounds raised by assessee are allowed

ITA 1528/MUM/2018[2013-14]Status: DisposedITAT Mumbai08 Jan 2021AY 2013-14

Bench: Shri S. Rifaur Rahman, Am & Shri R. L. Negi, Am आयकरअपीलसं./ I.T.A. No. 1528/Mum/2018 (निर्धारणवर्ा / Assessment Year: 2013-14)

For Appellant: Shri V. Sridharan & Shri SFor Respondent: Shri Anand Mohan, DR

Section 14ASection 263Section 37

…submitted, the order of the AO cannot be regarded as erroneous, for not having followed a Circular particularly which is contrary to law laid down by Courts/Tribunals. This principle was explained by Calcutta High Court in Bhartia Industries Ltd v. CIT [20131 353 ITR 486 (Calcutta), in the context of CBDT Circular relating to allowability of VRS compensation paid to employees. The AO in this case had allowed deduction for expenditure incurred by the assessee towards Voluntary Retirement Scheme framed by the assessee. The question of whether such expenditure was allowable in the year of payment or on accrual basis…

Technip Uk Ltd., Gurgaon vs. DIT, New Delhi

In the result, the appeal filed by the assessee is allowed

ITA 4284/DEL/2013[2008-09]Status: DisposedITAT Delhi24 Apr 2017AY 2008-09

Bench: Shri R.K. Panda & Smt. Beena A. Pillai[Assessment Year: 2008-09] Technip Uk Limited Vs. The D.I.T. C/O Bmr & Associates Llp International - Ii 22Nd Floor, Building No. 5 New Delhi Tower ‘A’, Dlf Cyber City, Dlf Phase Iii, Gurgaon Haryana Pan : Aacct 8268 N (Appellant) (Respondent)

For Appellant: Shri Ajay Vohra, AdvFor Respondent: Shri Anuj Arora, Sr- DR

Section 263Section 4Section 44BSection 44D

…nator of India: 323 ITR 231 (Del.) h) CIT vs. Gabriel India Limited: 203 ITR 108 (Bom) i) Hari Iron Trading Co. vs. CIT: 263 ITR 437 (P&H) j) CIT V. D.P. Karai: 266 ITR 113 (Guj.) k) N.N Aggarwal v. CIT: 189 ITR 769 (All.) l) Bhartia Industries Ltd. v. CIT: 353 ITR 486 (Cal.) m) Paul Mathew & Sons V. CIT: 263 ITR 101 (Ker.) n) CIT V. Mepco Industries Limited: 294 ITR 121 (Mad.) o) Delhi Airport Metro Express Pvt. Ltd vs. Pr. CIT: ITA No. 2813/Del/2016 dated 12.01.2017 14. The ld. Counsel for the assessee referring to various pages of the paper book submitted that the assessee had at the time of filing of retu…

M/S. Klj Town Planners (P) Ltd., New Delhi vs. ACIT, New Delhi

Accordingly, the grounds raised by the assessee stands allowed

ITA 308/DEL/2014[2009-10]Status: DisposedITAT Delhi18 Jan 2016AY 2009-10

Bench: Shri S.V. Mehrotra & Smt. Beena A. Pillai

Section 143(1)Section 14A

…Ld.DR has placed his reliance upon the Circular no 5 of 2014 dated 11.2.2014. In our opinion, there is no merit in the above submissions of the Ld. DR in view of the decision of Hon'ble Calcutta High Court in the case of Bhartia Industries Ltd. Vs CIT (2013) 353 ITR 486(Cal) wherein the Hon'ble High Court has observed as under:- "The circular issued by the Central Board of Direct Taxes under section 119 of the Income-tax Act, 1961is meant for guiding the officers of the Revenue for administrative purpose of enforcing the provisions of the Act. But when an authority under the Act is required to perform quasi-judi…