Brooke Bond India Limited v. Joint Commissioner of Income-tax

337 ITR 482High Court2011#12648 most cited
8

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2018 to 2022.

Judgments citing Brooke Bond India Limited v. Joint Commissioner of Income-tax

Assistant Commissioner of Income Tax Circle-2(3)(1), Mumbai vs. Tata Sons Limited, Mumbai

In the result, appeal by the Revenue is dismissed

ITA 4323/MUM/2017[2011-12]Status: DisposedITAT Mumbai16 Aug 2022AY 2011-12

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Ms. Aarti Vissanji a/wFor Respondent: Shri Tejinder Pal Singh
Section 143(2)Section 143(3)Section 250Section 92C

…pon the decision of its predecessor in assessee’s own case for assessment M/s. Tata Sons Limited ITA No.4323/Mum./2017 and ITA No.4221/Mum./2017 year 2009 – 10 as well as decision of Hon’ble Calcutta High Court in case of Brooke Bond India Ltd vs JCIT, [2011] 337 ITR 482. We find that in its appeal for assessment year 2009–10, being ITA Nos. 4630 and 4637/Mum/2016, the assessee did not press similar ground and thus same was dismissed by the coordinate bench of the Tribunal as not pressed. Thereby, resulting in no decision on merits by the coordinate bench of the Tribunal in earlier assessment year. However, in th…

Tata Sons Ltd., Mumbai vs. ACIT, Cir 2(3)(1), Mumbai

In the result, appeal by the Revenue is dismissed

ITA 4221/MUM/2017[2011-12]Status: DisposedITAT Mumbai16 Aug 2022AY 2011-12

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Ms. Aarti Vissanji a/wFor Respondent: Shri Tejinder Pal Singh
Section 143(2)Section 143(3)Section 250Section 92C

…pon the decision of its predecessor in assessee’s own case for assessment M/s. Tata Sons Limited ITA No.4323/Mum./2017 and ITA No.4221/Mum./2017 year 2009 – 10 as well as decision of Hon’ble Calcutta High Court in case of Brooke Bond India Ltd vs JCIT, [2011] 337 ITR 482. We find that in its appeal for assessment year 2009–10, being ITA Nos. 4630 and 4637/Mum/2016, the assessee did not press similar ground and thus same was dismissed by the coordinate bench of the Tribunal as not pressed. Thereby, resulting in no decision on merits by the coordinate bench of the Tribunal in earlier assessment year. However, in th…

Tata Sons Ltd, Mumbai vs. Asst CIT Cir 2(3), Mumbai

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

ITA 4637/MUM/2016[2009-10]Status: DisposedITAT Mumbai07 Aug 2020AY 2009-10

Bench: Shri Mahavir Singh, Vp & Shri M.Balaganesh, Am Acit-2(3)(1), Vs. M/S. Tata Sons Ltd., Room No.552, 5Th Floor 24, Bombay House Aayakar Bhavan Homi Mody Street M.K.Road, Fort, Mumbai – 400 001 Mumbai – 400 020 Pan/Gir No.Aaact4060A (Appellant) .. (Respondent) M/S. Tata Sons Ltd., Vs. Commissioner Of Income Tax-58 24, Bombay House 344, Aayakar Bhavan Homi Mody Street M.K.Road, Fort, Mumbai – 400 001 Mumbai – 400 020 Pan/Gir No.Aaact4060A (Appellant) .. (Respondent)

Section 143(3)

…n has not been paid out of any approved pension fund and hence, the same is not an allowable expenditure for the company. The ld. CIT(A) placed reliance on the decision of Hon’ble Calcutta High Court in the case of Brooke bond India Ltd., vs. JCIT reported in 337 ITR 482 to support his conclusion. We find that the issue to be adjudicated by us is as to whether the actual payment of Rs.89 lakhs made by the assessee towards pension to Shri Ratan Tata, Ex-Chairman and Shri. N.A.Soonawala on the basis of their services rendered to the company is an allowable deduction or not. We find that in the facts before the Hon’…

The Royal Bank of Scotland N.V., Kolkata vs. DCIT (International Taxation) - 2(1), Kolkata

In the result, the appeal of assessee is partly allowed

ITA 2619/KOL/2018[2014-15]Status: DisposedITAT Kolkata19 Feb 2020AY 2014-15

Bench: "ी जे. सुधाकर रे"डी, लेखा सद"य एवं/And "ी ऐ. ट". वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

Section 143(3)Section 144C(13)Section 144C(5)Section 36Section 36(1)(iv)Section 90

…s Ltd. vs ACIT (ITA No. 1616/Hyd/2010 dated 16 January, 2015). • Further, we understand that your goodself wishes to place reliance on the decision of the Calcutta High Court in the case of Brooke Bond India Limited vs. Joint Commissioner of Income-tax [2011] 337 ITR 482, while seeking to disallow the payment of Rs. 4.09 crore to employees towards unfunded pension. In this regard, we submit that the aforesaid decision is not applicable to the Bank's case for the following reasons: • In the case of the Bank the deduction for pension has been made in respect of amounts which have been actually paid to the employees…

The Royal Bank of Scotland N.V., Kolkata vs. DCIT, ( International Taxation) Cir-2(1), Kolkata

In the result, the appeals of the assessee are partly allowed for statistical purposes

ITA 36/KOL/2017[2012-13]Status: DisposedITAT Kolkata14 Sept 2018AY 2012-13

Bench: Hon’Ble Shri S.S.Godara, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 36 & 1885/Kol/2017 Assessment Year : 2012-13 & 2013-14 M/S Royal Bank Of Scotland N.V. -Vs- Dcit (It), Circle-2(1), Kolkata [Pan: Aacca 6818 K] (Appellant) (Respondent)

For Appellant: Shri R. N. Bajoria, ARFor Respondent: Shri G. Mallikarjuna, CIT DR
Section 144C(13)Section 43D

…s Ltd. vs ACIT (ITA No. 1616/Hyd/2010 dated 16 January, 2015). • Further, we understand that your goodself wishes to place reliance on the decision of the Calcutta High Court in the case of Brooke Bond India Limited vs. Joint Commissioner of Income-tax [2011] 337 ITR 482, while seeking to disallow the payment of Rs. 4.09 crore to employees towards unfunded pension. In this regard, we submit that the aforesaid decision is not applicable to the Bank's case for the following reasons: • In the case of the Bank the deduction for pension has been made in respect of amounts which have been actually paid to the employees…

The Royal Bank of Scotland N.V., Kolkata vs. DCIT, ( International Taxation) Cir-2(1), Kolkata

In the result, the appeals of the assessee are partly allowed for statistical purposes

ITA 1885/KOL/2017[2013-14]Status: DisposedITAT Kolkata14 Sept 2018AY 2013-14

Bench: Hon’Ble Shri S.S.Godara, Jm & Shri M.Balaganesh, Am ] I.T.A Nos. 36 & 1885/Kol/2017 Assessment Year : 2012-13 & 2013-14 M/S Royal Bank Of Scotland N.V. -Vs- Dcit (It), Circle-2(1), Kolkata [Pan: Aacca 6818 K] (Appellant) (Respondent)

For Appellant: Shri R. N. Bajoria, ARFor Respondent: Shri G. Mallikarjuna, CIT DR
Section 144C(13)Section 43D

…s Ltd. vs ACIT (ITA No. 1616/Hyd/2010 dated 16 January, 2015). • Further, we understand that your goodself wishes to place reliance on the decision of the Calcutta High Court in the case of Brooke Bond India Limited vs. Joint Commissioner of Income-tax [2011] 337 ITR 482, while seeking to disallow the payment of Rs. 4.09 crore to employees towards unfunded pension. In this regard, we submit that the aforesaid decision is not applicable to the Bank's case for the following reasons: • In the case of the Bank the deduction for pension has been made in respect of amounts which have been actually paid to the employees…

The Royal Bank of Scotland N.V., Kolkata vs. DCIT, (It) - 2(1), Kolkata

Accordingly, the Ground Nos. (iv) to (vi) raised by the revenue are dismissed

ITA 505/KOL/2016[2011-2012]Status: DisposedITAT Kolkata05 Sept 2018AY 2011-2012

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 503/Kol/2016 Assessment Year : 2011-12 Dcit (It), Circle-2(1), Kolkata -Vs- M/S Royal Bank Of Scotland N.V. [Pan: Aacca 6818 K] (Appellant) (Respondent) I.T.A No. 505/Kol/2016 Assessment Year : 2011-12 M/S Royal Bank Of Scotland N.V. -Vs- Dcit (It), Circle-2(1), Kolkata [Pan: Aacca 6818 K] (Appellant) (Respondent)

For Appellant: Shri R. N. Bajoria, ARFor Respondent: Shri G. Mallikarjuna, CIT DR
Section 144C(13)Section 144C(5)Section 43D

…s Ltd. vs ACIT (ITA No. 1616/Hyd/2010 dated 16 January, 2015). • Further, we understand that your goodself wishes to place reliance on the decision of the Calcutta High Court in the case of Brooke Bond India Limited vs. Joint Commissioner of Income-tax [2011] 337 ITR 482, while seeking to disallow the payment of Rs. 4.09 crore to employees towards unfunded pension. In this regard, we submit that the aforesaid decision is not applicable to the Bank's case for the following reasons: • In the case of the Bank the deduction for pension has been made in respect of amounts which have been actually paid to the employees…

DCIT, Cir-2(1), Kolkata vs. M/S Royal Bank of Scotland N.V., Kolkata

Accordingly, the Ground Nos. (iv) to (vi) raised by the revenue are dismissed

ITA 503/KOL/2016[2012-2013]Status: DisposedITAT Kolkata05 Sept 2018AY 2012-2013

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 503/Kol/2016 Assessment Year : 2011-12 Dcit (It), Circle-2(1), Kolkata -Vs- M/S Royal Bank Of Scotland N.V. [Pan: Aacca 6818 K] (Appellant) (Respondent) I.T.A No. 505/Kol/2016 Assessment Year : 2011-12 M/S Royal Bank Of Scotland N.V. -Vs- Dcit (It), Circle-2(1), Kolkata [Pan: Aacca 6818 K] (Appellant) (Respondent)

For Appellant: Shri R. N. Bajoria, ARFor Respondent: Shri G. Mallikarjuna, CIT DR
Section 144C(13)Section 144C(5)Section 43D

…s Ltd. vs ACIT (ITA No. 1616/Hyd/2010 dated 16 January, 2015). • Further, we understand that your goodself wishes to place reliance on the decision of the Calcutta High Court in the case of Brooke Bond India Limited vs. Joint Commissioner of Income-tax [2011] 337 ITR 482, while seeking to disallow the payment of Rs. 4.09 crore to employees towards unfunded pension. In this regard, we submit that the aforesaid decision is not applicable to the Bank's case for the following reasons: • In the case of the Bank the deduction for pension has been made in respect of amounts which have been actually paid to the employees…

Brooke Bond India Limited v. Joint Commissioner of Income-tax (337 ITR 482) — Cited in 8 Judgments | BharatTax