Bishnu Krishna Shrestha v. CIT

414 ITR 405High Court2019#12814 most cited
8

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2022 to 2025.

Sections most often in play

Section 115JBSection 143(3)Section 144BSection 144C(3)Section 201(1A)Section 234CSection 32(1)(ii)Section 37(1)

Issues it is cited on

profit split methodsection 54esection 115jcsection 54ecfunctional analysisminimum alternate taxsection 40(a)(ii)section 112section 80ib(10)section 115japrejudicial to interest of revenuesection 92f

Judgments citing Bishnu Krishna Shrestha v. CIT

SHREE CEMENT LIMITED,BANGUR NAGAR vs. ACIT, CENTRAL CIRCLE, AJMER

In the result, the appeal of the assessee - appellant in ITA No

ITA 1517/JPR/2024[2019-2020]Status: DisposedITAT Jaipur24 Jun 2025AY 2019-2020

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Shri Dilip B. Desai, FCAFor Respondent: Shri Arvind Kumar, CIT-DR
Section 115JSection 143(1)Section 254Section 36(1)(va)Section 80Section 801A

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”A” JAIPUR Mk0 ,l- lhrky{eh] U;kf;d lnL; ,oa Jh jkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, vk;dj vihy la-@ITA No. 1517/JP/2024 fu/kZkj.k o"kZ@Assessment Year : 2019-20 cuke Shree Cement Limited Assistant Commissioner of Vs. Admin Block Masuda Road, Income Tax, Beawar [Raj.] , H. O. Beawar, Central Circle, Ajmer Ajmer LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AACCS 8796 G vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@ Assessee by : Sh…

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, the appeal of the Revenue in ITA No

ITA 500/JPR/2023[215-16]Status: DisposedITAT Jaipur21 Feb 2024

Bench: or at the time of hearing of this appeal.

For Appellant: Sh. Dilip B Desai(C.A.)For Respondent: Sh. Alka Gautam (CIT) (V.H) &
Section 115JSection 143Section 143(3)Section 144BSection 144B(1)(xvi)Section 80Section 80I

…ed. It is not the case of the appellant that it is exempt from the provisions of Section 115JB of the Act. Similarly, in all other judgements of Hon’ble High Court in Jaintia Alloys P Ltd vs UOI (2010) 320 ITR 442 (Gau), Bishnu Krishna Shrestha vs CIT (2019) 414 ITR 405 (Raj), Sidcul Industrial Association vs State of Uttarakhand (2011) 331 ITR 491 (Uttarakhand) pertains to writ petition challenging the vires of Section 115JB. The Courts in above decisions have not examined the provisions of Section 115JB (5) of the Act. Hence, the aforesaid decisions are distinguishable and not applicable in the present fact…

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DEPUTY COMMISSIONEROF INCOME TAX, CIRCLE -2, AJMER, AJMER

In the result, the appeal of the Revenue in ITA No

ITA 496/JPR/2023[2016-17]Status: DisposedITAT Jaipur21 Feb 2024AY 2016-17

Bench: or at the time of hearing of this appeal.

For Appellant: Sh. Dilip B Desai(C.A.)For Respondent: Sh. Alka Gautam (CIT) (V.H) &
Section 115JSection 143Section 143(3)Section 144BSection 144B(1)(xvi)Section 80Section 80I

…ed. It is not the case of the appellant that it is exempt from the provisions of Section 115JB of the Act. Similarly, in all other judgements of Hon’ble High Court in Jaintia Alloys P Ltd vs UOI (2010) 320 ITR 442 (Gau), Bishnu Krishna Shrestha vs CIT (2019) 414 ITR 405 (Raj), Sidcul Industrial Association vs State of Uttarakhand (2011) 331 ITR 491 (Uttarakhand) pertains to writ petition challenging the vires of Section 115JB. The Courts in above decisions have not examined the provisions of Section 115JB (5) of the Act. Hence, the aforesaid decisions are distinguishable and not applicable in the present fact…

SHREE CEMENT LIMITED,BEAWAR vs. DEPUTY COMMISSIONER OF INCOME TAX, AJMER

In the result, this appeal of the assessee is partly allowed and appeal of the Revenue is dismissed

ITA 152/JPR/2023[2014-15]Status: DisposedITAT Jaipur07 Aug 2023AY 2014-15

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Vijay Shah, CAFor Respondent: Shri Arvind Kumar, CIT
Section 115JSection 250Section 32(1)(ii)Section 80Section 80I

…relied on the following decisions:- - Sankhla Polymers (P) Ltd. -vs.- ITO (2013) 352 ITR 452 (Kar - HC) - Jaintia Alloys (P) Ltd. & Ors. -vs.- UOI (2010) 320 ITR 442 (Gua - HC) Shree Cement Limited, Beawar. - Bishnu Krishna Shrestha -vs.- CIT & Ors. (2019) 414 ITR 405 (Raj - HC) - Sidcul Industrial Association -vs.- State of Uttarakhand (2011) 331 ITR 491 (Uttarakhand - HC) The appellant would humbly like to submit that the aforesaid decisions are not applicable due to the following reasons :- - In the decision of Sankhla Polymers (P) Ltd (Supra) it has been stated that no provision of a statute can be so in…

LAXMI CIVIL ENGINEERING SERVICES PVT.LTD.,,KOLHAPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX,,

In the result, the appeal filed by the assessee in ITA

ITA 2589/PUN/2016[2013-14]Status: DisposedITAT Pune21 Jun 2022AY 2013-14

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita Nos.2588 & 2589/Pun/2016 िनधा"रण वष" / Assessment Years: 2012-13 & 2013-14 Laxmi Civil Engineering Vs. Acit (Central) Circle, Services Pvt. Ltd., Kolhapur. 1148 E, Sykes Extension, Kolhapur- 416001. Pan : Aaacl5602N Appellant Respondent Assessee By : Shri S. N. Puranik Revenue By : Shri Shivraj B Morey Date Of Hearing : 31.05.2022 Date Of Pronouncement : 21.06.2022 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Assessee Directed Against The Common Orders Of Ld. Commissioner Of Income Tax (Appeals)- 11, Pune [‘The Cit(A)’] Dated 09.08.2016 For The Assessment Years 2012-13 & 2013-14. 2. Since The Identical Facts & Issues Are Involved In The Above Captioned Two Appeals, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal In Ita No.2588/Pun/2016 For The Assessment Year 2012-13 Are Stated Herein.

For Appellant: Shri S. N. PuranikFor Respondent: Shri Shivraj B Morey
Section 143(3)Section 14ASection 37(1)Section 80I

…igh Courts, which were prevailing on the date of hearing by the Mumbai Bench, were not brought to its notice. 19. At this stage it would be relevant to take note of another judgment of the Hon’ble Rajasthan High Court in Bishnu Krishna Shrestha vs. CIT (2019) 414 ITR 405 (Raj). The assessee in that case challenged the provisions of Section 115JB & 80IC of the Act on the ground that the benefit granted under Section 80IC could not have been withdrawn by introduction of section 115JB. Thus the dispute was on the non-granting of deduction u/s 80IC in the computation of tax liability u/s 115JB. Contention of the asse…

LAXMI CIVIL ENGINEERING SERVICES PVT.LTD.,,KOLHAPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX,,

In the result, the appeal filed by the assessee in ITA

ITA 2588/PUN/2016[2012-13]Status: DisposedITAT Pune21 Jun 2022AY 2012-13

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita Nos.2588 & 2589/Pun/2016 िनधा"रण वष" / Assessment Years: 2012-13 & 2013-14 Laxmi Civil Engineering Vs. Acit (Central) Circle, Services Pvt. Ltd., Kolhapur. 1148 E, Sykes Extension, Kolhapur- 416001. Pan : Aaacl5602N Appellant Respondent Assessee By : Shri S. N. Puranik Revenue By : Shri Shivraj B Morey Date Of Hearing : 31.05.2022 Date Of Pronouncement : 21.06.2022 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Assessee Directed Against The Common Orders Of Ld. Commissioner Of Income Tax (Appeals)- 11, Pune [‘The Cit(A)’] Dated 09.08.2016 For The Assessment Years 2012-13 & 2013-14. 2. Since The Identical Facts & Issues Are Involved In The Above Captioned Two Appeals, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal In Ita No.2588/Pun/2016 For The Assessment Year 2012-13 Are Stated Herein.

For Appellant: Shri S. N. PuranikFor Respondent: Shri Shivraj B Morey
Section 143(3)Section 14ASection 37(1)Section 80I

…igh Courts, which were prevailing on the date of hearing by the Mumbai Bench, were not brought to its notice. 19. At this stage it would be relevant to take note of another judgment of the Hon’ble Rajasthan High Court in Bishnu Krishna Shrestha vs. CIT (2019) 414 ITR 405 (Raj). The assessee in that case challenged the provisions of Section 115JB & 80IC of the Act on the ground that the benefit granted under Section 80IC could not have been withdrawn by introduction of section 115JB. Thus the dispute was on the non-granting of deduction u/s 80IC in the computation of tax liability u/s 115JB. Contention of the asse…

M/S. CHHEDA ELECTRICALS AND ELECTRONICS PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE

In the result, both the appeals are dismissed

ITA 400/PUN/2018[2013-14]Status: DisposedITAT Pune04 May 2022AY 2013-14

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhury

Section 80ASection 80A(1)Section 80A(2)Section 80B(5)Section 80I

…Courts, which were prevailing on the date of hearing by the Mumbai Bench, were not brought to its notice. 19. At this stage it would be relevant to take note of another judgment of the Hon’ble Rajasthan High Court in Bishnu Krishna Shrestha vs. CIT (2019) 414 ITR 405 (Raj). The assessee in that case challenged the provisions of Section 115JB & 80IC of the M/s. Chheda Electricals and Electronics Pvt. Ltd., Act on the ground that the benefit granted under Section 80IC could not have been withdrawn by introduction of section 115JB. Thus the dispute was on the non-granting of deduction u/s 80IC in the computat…

M/S. CHHEDA ELECTRICALS AND ELECTRONICS PVT.LTD,,PUNE vs. INCOME-TAX OFFICER, WARD - 1(3),, PUNE

In the result, both the appeals are dismissed

ITA 668/PUN/2018[2014-15]Status: DisposedITAT Pune04 May 2022AY 2014-15

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhury

Section 80ASection 80A(1)Section 80A(2)Section 80B(5)Section 80I

…Courts, which were prevailing on the date of hearing by the Mumbai Bench, were not brought to its notice. 19. At this stage it would be relevant to take note of another judgment of the Hon’ble Rajasthan High Court in Bishnu Krishna Shrestha vs. CIT (2019) 414 ITR 405 (Raj). The assessee in that case challenged the provisions of Section 115JB & 80IC of the M/s. Chheda Electricals and Electronics Pvt. Ltd., Act on the ground that the benefit granted under Section 80IC could not have been withdrawn by introduction of section 115JB. Thus the dispute was on the non-granting of deduction u/s 80IC in the computat…

Bishnu Krishna Shrestha v. CIT (414 ITR 405) — Cited in 8 Judgments | BharatTax