Cheminvest Ltd. v. CIT

378 ITR 33High Court2015#24 most cited

What is Cheminvest Ltd. v. CIT authority for?

A disallowance under Section 14A of the Income-tax Act, 1961, for expenditure incurred in relation to exempt income cannot be made if the assessee has not earned any exempt income during the relevant previous year.

1,569

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

Cheminvest Ltd. v. CIT · Section 14A disallowance · no exempt income · exempt dividend income · expenditure related to exempt income · Section 8D · Section 115JB · Income-tax Act 1961 · Delhi High Court

Also reported as

61 Taxmann.com 118234 Taxmann 761317 ITD 33281 CTR 447

Sections most often in play

Section 14ASection 143(3)Section 8DSection 115JBSection 250Section 1961Section 37(1)Section 143(2)
Read the full judgment

Issues it is cited on

disallowance u/s 14adisallowance under section 14asection 14asection 36(1)(iii)section 115jbrevenue expendituresection 37(1)section 37section 36previous yearscrutiny assessmentsection 115

Judgments citing Cheminvest Ltd. v. CIT

Carlsberg India Pvt. Ltd., New Delhi vs. DCIT, Circle- 5(2), New Delhi

In the result, the appeal filed by the assessee is allowed and appeal filed by the Revenue stands dismissed

ITA 3150/DEL/2019[2010-11]Status: DisposedITAT Delhi31 Jul 2025AY 2010-11

Bench: Shri Prakash Chand Yadav & Shri Manish Agarwalcarlsberg India Private Limited, Dy. Cit, 4Th Floor, Rectangle No.1, Circle-5(2), Commercial Complex,D-4, Saket, Vs. New Delhi. New Delhi-110017. Pan-Aajcs8454J (Appellant) (Respondent) (Assessment Year 2010-11 Dy. Cit, Carlsberg India Private Circle-5(2), Limited, New Delhi. Vs. 4Th Floor, Rectangle No.1, Commercial Complex, D-4, Saket, New Delhi-110017. Pan-Aajcs8454J (Appellant) (Respondent) Assessee By Shri S.K. Aggarwal, Ca & Shri Paras Sharma, Ar & Ms. Ruchika Mittal, Ca Department By Shri S.K. Jadhav, Cit-Dr Date Of Hearing 28/07/2025 Date Of Pronouncement 31/07/2025 Order

Section 143(1)Section 14ASection 36(1)(iii)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘H’: NEW DELHI BEFORE SHRI PRAKASH CHAND YADAV, JUDICIAL MEMBER AND SHRI MANISH AGARWAL, ACCOUNTANT MEMBER Carlsberg India Private Limited, Dy. CIT, 4th Floor, Rectangle No.1, Circle-5(2), Commercial Complex,D-4, Saket, Vs. New Delhi. New Delhi-110017. PAN-AAJCS8454J (Appellant) (Respondent) (ASSESSMENT YEAR 2010-11 Dy. CIT, Carlsberg India Private Circle-5(2), Limited, New Delhi. Vs. 4th Floor, Rectangle No.1, Commercial Complex, D-4, Saket, New Delhi-110017. PAN-AAJCS8454J (Appellant) (Respondent) Assessee by Shri S.K. Aggarwal, CA & Shri Paras Sharma, AR &…

Dice Districts India Private Limited, Mumbai vs. ITO Ward 6(2)(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 3506/MUM/2025[2018-19]Status: DisposedITAT Mumbai30 Jul 2025AY 2018-19

Bench: Shri Om Prakash Kant () & Shri Rahul Chaudhary () Assessment Year: 2018-19 Dice Districts (India) Pvt. Ltd., Ito Ward 6(2)(1), 307-308, Midas, Sahar Plaza, Aayakar Bhavan, Vs. Andheri East, Mumbai-400020. Mumbai-400069. Pan No. Aaecd 2751 N Appellant Respondent

For Appellant: Mr. Pravin Salunkhe, Sr. DRFor Respondent: Mr. Dharan Gandhi
Section 14ASection 234B

…Court in Industries Ltd. (ITA No. 51 of 2016) and the judgment of the Hon (ITA No. 51 of 2016) and the judgment of the Hon (ITA No. 51 of 2016) and the judgment of the Hon’ble Delhi High Court in Chem Investment Ltd. v. CIT Chem Investment Ltd. v. CIT [(2015) 378 ITR 33 [(2015) 378 ITR 33 (Del)]. Per contra, the ld DR referred to Explanation below the (Del)]. Per contra, the ld DR referred to Explanation below the (Del)]. Per contra, the ld DR referred to Explanation below the section 14A of the Act to support that section 14A is application section 14A of the Act to support that section 14A is applica section 14…

Mahadhan Agritech Limited (Formerly Known As Smartchem Technologies Ltd), Mumbai vs. Assistant Commissioner of Income Tax Central Circle 8(1), Mumbai

In the result, the appeals filed by the assessee are

ITA 5423/MUM/2024[2020-21]Status: DisposedITAT Mumbai24 Jul 2025AY 2020-21
Section 115JSection 132Section 143(3)Section 153ASection 69A

…income. In the absence of any dividend income which is exempt from tax, the provisions of section 14A, per se, cannot be applied. Reliance was placed by the ld. AR on the following decisions to support the above contentions: - Cheminvest Limited v. CIT [2015] 378 ITR 33 (DelhiHC), 77 ITA No.2227/Mum/2024 and others Mahadhan Agritech Limited - PCIT v. GVK Project and Technical Services Ltd. [2019] 106taxmann.com 180 (Del. HC). SLP dismissed by Supreme Court - CIT v. Chettinad Logistics (P) Ltd [2018] 248 Taxman 55 (Mad. HC). SLP dismissed by the Supreme Court 121. The amendment made to Sec. 14A vide Finance 2022 c…

Mahadhan Agritech Limited (Formerly Known As Smartchem Technologies Limited ), Mumbai vs. Deputy Commissioner of Income Tax, Central Circle -8(1), Mumbai

In the result, the appeals filed by the assessee are allowed, and the appeal filed by the Revenue is dismissed

ITA 3937/MUM/2024[2019-20]Status: DisposedITAT Mumbai24 Jul 2025AY 2019-20

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 115JSection 132Section 143(3)Section 153ASection 69A

…d income. In the absence of any dividend income which is exempt from tax, the provisions of section 14A, per se, cannot be applied. Reliance was placed by the ld. AR on the following decisions to support the above contentions: Cheminvest Limited v. CIT [2015] 378 ITR 33 - (DelhiHC), PCIT v. GVK Project and Technical Services Ltd. - [2019] 106taxmann.com 180 (Del. HC). SLP dismissed by Supreme Court CIT v. Chettinad Logistics (P) Ltd [2018] 248 Taxman - 55 (Mad. HC). SLP dismissed by the Supreme Court 121. The amendment made to Sec. 14A vide Finance 2022 cannot be presumed to have retrospective effect and hence n…

DCIT Central Circle 8(1), Mumbai vs. Mahadhan Agritech Limited, Pune

In the result, the appeals filed by the assessee are allowed, and the appeal filed by the Revenue is dismissed

ITA 3569/MUM/2024[2019-20]Status: DisposedITAT Mumbai24 Jul 2025AY 2019-20

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 115JSection 132Section 143(3)Section 153ASection 69A

…d income. In the absence of any dividend income which is exempt from tax, the provisions of section 14A, per se, cannot be applied. Reliance was placed by the ld. AR on the following decisions to support the above contentions: Cheminvest Limited v. CIT [2015] 378 ITR 33 - (DelhiHC), PCIT v. GVK Project and Technical Services Ltd. - [2019] 106taxmann.com 180 (Del. HC). SLP dismissed by Supreme Court CIT v. Chettinad Logistics (P) Ltd [2018] 248 Taxman - 55 (Mad. HC). SLP dismissed by the Supreme Court 121. The amendment made to Sec. 14A vide Finance 2022 cannot be presumed to have retrospective effect and hence n…

Mahadhan Agritech Limited (Formerly Known As Smartchem Technologies Ltd, Mumbai vs. Commissioner of Income Tax(Appeal)--50, Mumai

In the result, the appeals filed by the assessee are allowed, and the appeal filed by the Revenue is dismissed

ITA 2229/MUM/2024[2018-19]Status: DisposedITAT Mumbai24 Jul 2025AY 2018-19

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 115JSection 132Section 143(3)Section 153ASection 69A

…d income. In the absence of any dividend income which is exempt from tax, the provisions of section 14A, per se, cannot be applied. Reliance was placed by the ld. AR on the following decisions to support the above contentions: Cheminvest Limited v. CIT [2015] 378 ITR 33 - (DelhiHC), PCIT v. GVK Project and Technical Services Ltd. - [2019] 106taxmann.com 180 (Del. HC). SLP dismissed by Supreme Court CIT v. Chettinad Logistics (P) Ltd [2018] 248 Taxman - 55 (Mad. HC). SLP dismissed by the Supreme Court 121. The amendment made to Sec. 14A vide Finance 2022 cannot be presumed to have retrospective effect and hence n…

Mahadhan Agritech Limited (Formerly Knwon As Smartech Technologies Ltd ), Mumbai vs. Commissioner of Income Tax (Appeals)-Mumbai-50, Mumbai

In the result, the appeals filed by the assessee are

ITA 2228/MUM/2024[2016-17]Status: DisposedITAT Mumbai24 Jul 2025AY 2016-17
Section 115JSection 132Section 143(3)Section 153ASection 69A

…income. In the absence of any dividend income which is exempt from tax, the provisions of section 14A, per se, cannot be applied. Reliance was placed by the ld. AR on the following decisions to support the above contentions: - Cheminvest Limited v. CIT [2015] 378 ITR 33 (DelhiHC), ITA No.2227/Mum/2024 and others Mahadhan Agritech Limited 78 - PCIT v. GVK Project and Technical Services Ltd. [2019] 106taxmann.com 180 (Del. HC). SLP dismissed by Supreme Court - CIT v. Chettinad Logistics (P) Ltd [2018] 248 Taxman 55 (Mad. HC). SLP dismissed by the Supreme Court 121. The amendment made to Sec. 14A vide Finance 2022…

Mahadhan Agritech Limited (Formerly Known As Smartech Technologies Ltd, Mumbai vs. Commissioner of Income Tax (Appeals)-Mumbai.50, Mumbai

In the result, the appeals filed by the assessee are allowed, and the appeal filed by the Revenue is dismissed

ITA 2227/MUM/2024[2017-18]Status: DisposedITAT Mumbai24 Jul 2025AY 2017-18

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 115JSection 132Section 143(3)Section 153ASection 69A

…d income. In the absence of any dividend income which is exempt from tax, the provisions of section 14A, per se, cannot be applied. Reliance was placed by the ld. AR on the following decisions to support the above contentions: Cheminvest Limited v. CIT [2015] 378 ITR 33 - (DelhiHC), PCIT v. GVK Project and Technical Services Ltd. - [2019] 106taxmann.com 180 (Del. HC). SLP dismissed by Supreme Court CIT v. Chettinad Logistics (P) Ltd [2018] 248 Taxman - 55 (Mad. HC). SLP dismissed by the Supreme Court 121. The amendment made to Sec. 14A vide Finance 2022 cannot be presumed to have retrospective effect and hence n…

DCIT, C-1(1), Chandigarh vs. M/S Rana Polycot Ltd., Chandigarh

In the result, all the appeals are dismissed

ITA 1050/CHANDI/2018[2009-10]Status: DisposedITAT Chandigarh23 Jul 2025AY 2009-10

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 1050/Chd/2018 &

For Appellant: Shri Parikshit Aggarwal, CA and Ms. Shruti Khandelwal, AdvocateFor Respondent: Shri Sarabjeet Singh, CIT, DR
Section 36(1)(iii)

…dgement of Hon'ble Gujrat High Court in the ITA-1050, 1013 to 1015/CHD/2018 A.Y. 2009-10 to 2012-13 18 case of CIT Vs Corrtech Energy Ltd. 372 ITR 97. We also put reliance upon the judgement of Hon'ble Delhi High Court in the case of Cheminvest Limited v CIT 378 ITR 33 whereby Hon'ble Delhi High Court has reversed the Special Bench decision of the ITAT. 8. In view of these judgements, we do not find any error in the order of the ld. CIT (Appeals). Accordingly, this ground of appeal is rejected in both the years. 9. In the result, all the appeals are dismissed. Order pronounced on 23rd July,2025. (MANOJ KUMAR…

DCIT, C-1(1), Chandigarh vs. M/S Rana Polycot Ltd., Chandigarh

In the result, all the appeals are dismissed

ITA 1015/CHANDI/2018[2012-13]Status: DisposedITAT Chandigarh23 Jul 2025AY 2012-13

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 1050/Chd/2018 &

For Appellant: Shri Parikshit Aggarwal, CA and Ms. Shruti Khandelwal, AdvocateFor Respondent: Shri Sarabjeet Singh, CIT, DR
Section 36(1)(iii)

…dgement of Hon'ble Gujrat High Court in the ITA-1050, 1013 to 1015/CHD/2018 A.Y. 2009-10 to 2012-13 18 case of CIT Vs Corrtech Energy Ltd. 372 ITR 97. We also put reliance upon the judgement of Hon'ble Delhi High Court in the case of Cheminvest Limited v CIT 378 ITR 33 whereby Hon'ble Delhi High Court has reversed the Special Bench decision of the ITAT. 8. In view of these judgements, we do not find any error in the order of the ld. CIT (Appeals). Accordingly, this ground of appeal is rejected in both the years. 9. In the result, all the appeals are dismissed. Order pronounced on 23rd July,2025. (MANOJ KUMAR…

DCIT, C-1(1), Chandigarh vs. M/S Rana Polycot Ltd., Chandigarh

In the result, all the appeals are dismissed

ITA 1014/CHANDI/2018[2011-12]Status: DisposedITAT Chandigarh23 Jul 2025AY 2011-12

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 1050/Chd/2018 &

For Appellant: Shri Parikshit Aggarwal, CA and Ms. Shruti Khandelwal, AdvocateFor Respondent: Shri Sarabjeet Singh, CIT, DR
Section 36(1)(iii)

…dgement of Hon'ble Gujrat High Court in the ITA-1050, 1013 to 1015/CHD/2018 A.Y. 2009-10 to 2012-13 18 case of CIT Vs Corrtech Energy Ltd. 372 ITR 97. We also put reliance upon the judgement of Hon'ble Delhi High Court in the case of Cheminvest Limited v CIT 378 ITR 33 whereby Hon'ble Delhi High Court has reversed the Special Bench decision of the ITAT. 8. In view of these judgements, we do not find any error in the order of the ld. CIT (Appeals). Accordingly, this ground of appeal is rejected in both the years. 9. In the result, all the appeals are dismissed. Order pronounced on 23rd July,2025. (MANOJ KUMAR…

DCIT, C-1(1), Chandigarh vs. M/S Rana Polycot Ltd., Chandigarh

In the result, all the appeals are dismissed

ITA 1013/CHANDI/2018[2010-11]Status: DisposedITAT Chandigarh23 Jul 2025AY 2010-11

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 1050/Chd/2018 &

For Appellant: Shri Parikshit Aggarwal, CA and Ms. Shruti Khandelwal, AdvocateFor Respondent: Shri Sarabjeet Singh, CIT, DR
Section 36(1)(iii)

…dgement of Hon'ble Gujrat High Court in the ITA-1050, 1013 to 1015/CHD/2018 A.Y. 2009-10 to 2012-13 18 case of CIT Vs Corrtech Energy Ltd. 372 ITR 97. We also put reliance upon the judgement of Hon'ble Delhi High Court in the case of Cheminvest Limited v CIT 378 ITR 33 whereby Hon'ble Delhi High Court has reversed the Special Bench decision of the ITAT. 8. In view of these judgements, we do not find any error in the order of the ld. CIT (Appeals). Accordingly, this ground of appeal is rejected in both the years. 9. In the result, all the appeals are dismissed. Order pronounced on 23rd July,2025. (MANOJ KUMAR…

Dwarka Investment Pvt Ltd, Delhi vs. ITO Ward-7(1), Delhi

Appeal is allowed

ITA 3125/DEL/2025[2018-19]Status: DisposedITAT Delhi22 Jul 2025AY 2018-19
Section 143(3)Section 14A

…the case and in light of the fact that the legislature has inserted Explanation to section 14A making the same applicable even in absence of any exempt income vide Finance Act, 2021 with prospective effect only, I hereby quote Cheminvest Limited Vs.CIT (2015) 378 ITR 33 (Delhi HC) to conclude that the impugned disallowance is not sustainable once the assessee has not declared any exempt income in its case. 3. This assessee’s appeal is allowed. Order pronounced in the open court on 22nd July, 2025 (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated: 22nd July, 2025. RK/-…

Precision Camshafts Ltd., Solapur vs. Assessment Unit, Income Tax Department (NFAC), Solapur

In the result, appeal of the assessee is allowed

ITA 1962/PUN/2024[2020-21]Status: DisposedITAT Pune10 Jul 2025AY 2020-21

Bench: Ms. Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.1962/Pun/2024 िनधा"रण वष" / Assessment Year: 2020-21 Precision Camshafts Ltd., V Assessment Unit, Income Tax E-102/103, Akkalkot Road, S Department (National Midc, Solapur – 413006. Faceless Assessment Center), Maharashtra. Jurisdiction Details : Pne- C(1), Range 63, Circle-1, Solapur. Pan: Aabcp1086B Appellant/ Assessee Respondent / Revenue Assessee By Shri Nikhil Pathak – Ar Revenue By Shri Prakash L Pathade – Cit(Dr) Date Of Hearing 17/06/2025 Date Of Pronouncement 10/07/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Assessment Unit, Income Tax Department Under Section 143(3) R.W.S 144C(3) Read With Section 144B Of The Income Tax Act, 1961 For A.Y.2020-21 Dated 25.07.2024, Emanating From Order Of Dispute Resolution Panel U/S.144C(5) Of The Act For A.Y.2020-21

Section 143(3)Section 144BSection 144C(5)Section 92(3)Section 928Section 92C

…Proceeding further, it is noted from the impugned order that the assessee earned exempt income of Rs.40,750/- against which disallowance u/s.14A read with Rule 8D has been made at Rs.17,52,712/-. The Hon'ble Delhi High Court in Cheminvest Ltd. vs. CIT (2015) 378 ITR 33 (Del) has held that if there is no exempt income, there can be no question of making any disallowance u/s 14A of the Act. ITA No.1962/PUN/2024 [A] Similar view has been taken by the Hon'ble Delhi High Court in CIT vs. Holcim India P. Ltd. (2014) 90CCH 081-Del-HC. 8. It is seen that an amendment has been carried out to section 14A by the Finance…

ACIT-6(1)(1), Mumbai vs. Aditya Birla Sun Life Amc Ltd., Mumbai

In the result, the appeal by the Revenue is partly allowed

ITA 792/MUM/2025[2020-21]Status: DisposedITAT Mumbai08 Jul 2025AY 2020-21

Bench: Shri Narendra Kumar Billaiyashri Sandeep Singh Karhailaditya Birla Sun Life Amc Ltd., Tower 1, Jupiter Mill Compound, 17Th Floor, One World Center, 841, Senapati Bapat Marg, ............... Appellant Mumbai - 400013 Pan : Aaacb6134D V/S

For Appellant: Shri Ronak DoshiFor Respondent: Shri Rajesh Kumar Yadav, CIT-DR
Section 139(1)Section 142(1)Section 143(2)Section 143(3)Section 144BSection 250Section 40

…e year under consideration, the assessee did not earn any exempt income, and thus, claimed no exemption under section 10(34) of the Act while filing its return of income. We find that the Hon'ble Delhi High Court in Cheminvest Ltd. vs. CIT, reported in [2015] 378 ITR 33 (Delhi), held that section 14A will not apply if no exempt income is received or receivable during the relevant previous year. We further find that the Hon'ble Jurisdictional High Court in Pr. CIT v/s Kohinoor Project (P) Ltd., reported in [2020] 121 taxmann.com 177 (Bom.), rendered similar findings and dismissed the Revenue's appeal on a similar…

Aditya Birla Sun Life Amc Limited, Mumbai vs. Assessment Unit, Income-Tax Department, National Faceless Assessment Centre (NFAC), Delhi

In the result, the appeal by the Revenue is partly allowed

ITA 494/MUM/2025[2020-21]Status: DisposedITAT Mumbai08 Jul 2025AY 2020-21

Bench: Shri Narendra Kumar Billaiyashri Sandeep Singh Karhail

For Appellant: Shri Ronak DoshiFor Respondent: Shri Rajesh Kumar Yadav, CIT-DR
Section 139(1)Section 142(1)Section 143(2)Section 143(3)Section 144BSection 250Section 40

…e year under consideration, the assessee did not earn any exempt income, and thus, claimed no exemption under section 10(34) of the Act while filing its return of income. We find that the Hon'ble Delhi High Court in Cheminvest Ltd. vs. CIT, reported in [2015] 378 ITR 33 (Delhi), held that section 14A will not apply if no exempt income is received or receivable during the relevant previous year. We further find that the Hon'ble Jurisdictional High Court in Pr. CIT v/s Kohinoor Project (P) Ltd., reported in [2020] 121 taxmann.com 177 (Bom.), rendered similar findings and dismissed the Revenue's appeal on a similar…

Imperial Housing Ventures Private Limited, Delhi vs. Pr, CIT Central Delhi-2, Delhi

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

ITA 2345/DEL/2024[2018-19]Status: DisposedITAT Delhi30 Jun 2025AY 2018-19

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharmaimperial Housing Ventures Pvt. Ltd., Vs. Pr.Cit (Central), Room No.205, Welcome Plaza, Delhi-2. Sector 54, Golf Course Road, Shakarpur, East Delhi, Delhi – 110 092. (Pan : Aacci2023E) (Appellant) (Respondent) Assessee By : Shri Salil Aggarwal, Sr. Advocate Shri Shailesh Gupta, Advocate Revenue By : Shri Kailash Dan Ratnoo, Cit Dr Date Of Hearing : 30.04.2025 Date Of Order : 30.06.2025 O R D E R Per S.Rifaur Rahman:

For Appellant: Shri Salil Aggarwal, Sr. AdvocateFor Respondent: Shri Kailash Dan Ratnoo, CIT DR
Section 143(3)Section 14ASection 194Section 199

…high court  Copy of judgment of Hon'ble High Court of Delhi in the case of PCIT vs Era Infrastructure (India) Ltd. in ITA No. 204/2022 (Pages 92 to 99 of PB).  Copy of judgment of Hon'ble High Court of Delhi in the case of Cheminvest Ltd. vs CIT reported in 378 ITR 33 (Pages 86 to 91 of PB). 4.4 Contention No. 4: The issue of excess TDS was already gone into by learned AO during the course of assessment proceedings and even in preceding AY 2017-18 (as tabulated above), and it is an accepted fact that assessee being builder, follows POCM to book its Revenue and as such, receipts appearing in 26AS being TDS deduc…

Jaypee Infra Ventures Private Limited, Gautam Budh Nagar vs. ACIT Circle 13(1), New Delhi

In the result, the appeal of assessee is partly allowed as above

ITA 3992/DEL/2024[2018-19]Status: DisposedITAT Delhi20 Jun 2025AY 2018-19

Bench: Shri Anubhav Sharma & Shri Avdhesh Kumar Mishra

Section 115JSection 14ASection 249Section 250

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘C’: NEW DELHI BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER AND SHRI AVDHESH KUMAR MISHRA, ACCOUNTANT MEMBER ITA No.3992/Del/2024, A.Y. 2018-19 Jaypee Infra Ventures Pvt. Ltd. Assistant Commissioner of Sector 128, Income Tax, Circle 13(2), Gautam Budh Nagar, C R Building, I P Estate, Noida-201304 New Delhi PAN: AACCJ5628G (Appellant) (Respondent) Appellant by Sh. Parveen Kumar, CA Sh. Anil Kumar Chopra, CA Sh. Gaurav Bhuddi, CA. Respondent by Sh. Om Prakash, Sr. DR Date of Hearing 24/04/2025 Date of Pronouncement 20/06/2025 ORDER PER AVDHESH KUMAR MISHRA, AM…

Mcleod Russel India Limited, Kolkata vs. A.C.I.T., Circle-4(1), Kolkata

The appeals of the assessee are partly allowed

ITA 458/KOL/2022[2018-2019]Status: DisposedITAT Kolkata17 Jun 2025AY 2018-2019

Bench: the due date of filing of return under Section 139(1) of the Act.

Section 115JSection 139(1)Section 143(3)Section 14ASection 2(24)(x)Section 36(1)(va)Section 37

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, KOLKATA SHRI SONJOY SARMA, JUDICIAL MEMBER SHRI SANJAY AWASTHI, ACCOUNTANT MEMBER I.T.A. No. 454/Kol/2022 (Assessment Year 2017-18) I.T.A. No. 458/Kol/2022 (Assessment Year 2018-19) Mcleod Russel India Ltd., Four Mangoe Lane, Surendra Mohan Ghosh Sarani, Kolkata - 700001 [PAN: AAACE6918J] …..…….…...……………..... Appellant vs. ACIT, Circle-4(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata - 700069 .................................. Respondent Appearances by: Assessee represented by : Priyanka Salpuria, AR Department represented by : Praveen Kishore,…

Mecleod Russel India Ltd., Kolkata vs. A.C.I.T., Circle - 4(1), Kolkata

The appeals of the assessee are partly allowed

ITA 454/KOL/2022[2017-2018]Status: DisposedITAT Kolkata17 Jun 2025AY 2017-2018

Bench: the due date of filing of return u/s 139(1) of the Act.

Section 115JSection 139(1)Section 143(3)Section 14ASection 2(24)(x)Section 36(1)(va)Section 37

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, KOLKATA SHRI SONJOY SARMA, JUDICIAL MEMBER SHRI SANJAY AWASTHI, ACCOUNTANT MEMBER I.T.A. No. 454/Kol/2022 (Assessment Year 2017-18) I.T.A. No. 458/Kol/2022 (Assessment Year 2018-19) Mcleod Russel India Ltd., Four Mangoe Lane, Surendra Mohan Ghosh Sarani, Kolkata - 700001 [PAN: AAACE6918J] …..…….…...……………..... Appellant vs. ACIT, Circle-4(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata - 700069 .................................. Respondent Appearances by: Assessee represented by : Priyanka Salpuria, AR Department represented by : Praveen Kishore,…