What is Chowringhee Sales Bureau (P.) Ltd. v. CIT authority for?

Indirect tax components, such as sales tax, are included when calculating gross turnover or sales receipts for determining business income. Deductions relating to these taxes are subject to the provisions of Section 43B, requiring actual payment for deductibility.

How many judgments cite Chowringhee Sales Bureau (P.) Ltd. v. CIT?

155 judgments on BharatTax cite Chowringhee Sales Bureau (P.) Ltd. v. CIT (87 ITR 542), spanning 2000 to 2026.

Which sections of the Income Tax Act does Chowringhee Sales Bureau (P.) Ltd. v. CIT come up under?

It is most often cited in judgments turning on Section 143(3), Section 43B, Section 143(1), Section 115JB, Section 37(1), Section 80HHC.

Chowringhee Sales Bureau (P.) Ltd. v. CIT (87 ITR 542)

Shree Veershaiv Co.Op.Bank Ltd, Kolhapur vs. Assistant Commissioner of Income Tax, Kolhapur

In the result, the appeal in ITA No

ITA 604/PUN/2017[2009-10]Status: DisposedITAT Pune12 Jan 2021AY 2009-10

Bench: Shri Inturi Rama Rao, Am & Shri Partha Sarathi Chaudhury, Jm Sl. No.

For Appellant: Shri M. K. KulkarniFor Respondent: Shri S. P. Walimbe

Section 143(3)Section 194CSection 40

…आयकर अपीलीय अिधकरण “ए” "यायपीठ पुणे म" । IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, PUNE (Through Virtual Court) BEFORE SHRI INTURI RAMA RAO, AM AND SHRI PARTHA SARATHI CHAUDHURY, JM Sl. No. ITA No. Name of Appellant Name of Respondent Asst. Year 1-3 604/PUN/2017 Shree Veershaiv Co.Op. ACIT, Circle-2, 2009-10 605/PUN/2017 Bank Ltd., Kolhapur. 2012-13 606/PUN/2017 517, A-1, Tararanai 2013-14 Chowk, Kolhapur- 416001. PAN: AABAS4688N 4 2611/PUN/2017 Shree Veershaiv Co.Op. ITO, Ward-2(2), 2014-15 Bank Ltd., Kolhapur. 517, A-1, Tararanai Chowk, Kolhapur- 416001. PAN: AABAS4688N Assessee by : Shri M. K. Kulkarni R…

Shree Veershaiv Co.Op .Bank Ltd, Kolhapur vs. Income-Tax Officer, Ward - 2(2), Kolhapur

In the result, the appeal in ITA No

ITA 2611/PUN/2017[2014-15]Status: DisposedITAT Pune12 Jan 2021AY 2014-15

Bench: Shri Inturi Rama Rao, Am & Shri Partha Sarathi Chaudhury, Jm Sl. No.

For Appellant: Shri M. K. KulkarniFor Respondent: Shri S. P. Walimbe

Section 143(3)Section 194CSection 40

…आयकर अपीलीय अिधकरण “ए” "यायपीठ पुणे म" । IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, PUNE (Through Virtual Court) BEFORE SHRI INTURI RAMA RAO, AM AND SHRI PARTHA SARATHI CHAUDHURY, JM Sl. No. ITA No. Name of Appellant Name of Respondent Asst. Year 1-3 604/PUN/2017 Shree Veershaiv Co.Op. ACIT, Circle-2, 2009-10 605/PUN/2017 Bank Ltd., Kolhapur. 2012-13 606/PUN/2017 517, A-1, Tararanai 2013-14 Chowk, Kolhapur- 416001. PAN: AABAS4688N 4 2611/PUN/2017 Shree Veershaiv Co.Op. ITO, Ward-2(2), 2014-15 Bank Ltd., Kolhapur. 517, A-1, Tararanai Chowk, Kolhapur- 416001. PAN: AABAS4688N Assessee by : Shri M. K. Kulkarni R…

The ACIT, Kochi vs. M/S.Kunnel Engineers & Contractors P. Ltd, Kochi

ITA 653/COCH/2019[2012-13]Status: DisposedITAT Cochin19 May 2020AY 2012-13

Bench: S/Shri Chandra Poojari, Am & George George K., Jm

Section 43B

…2), wherein it was held that excise duty collected from customers as part of price of goods will have to be treated as trading receipts and brought to tax following the judgment of the Supreme Court in the case of Chowranghee Sales Bureau Pvt. Ltd. Vs. CIT (87 ITR 542). According to the Assessing Officer, the service tax is also a trading receipt as it is a part of the price for services imposed by statutory provision. Moreover, the service tax collected by the assessee does not belong to it and it is to be paid to the treasury within the time allowed and the principle of diversion by overriding title applies…

M/S Wyzmindz Solutions Private Limited, Bangalore vs. Income Tax Officer Ward-7(1)(4), Bangalore

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

ITA 3417/BANG/2018[2014-15]Status: DisposedITAT Bangalore30 Jan 2020AY 2014-15

Bench: Shri Chandra Poojari

For Appellant: Sri.Mukesh Kumar, CAFor Respondent: Sri.Ganesh R.Ghale, Standing Council for DR

Section 115JSection 143Section 143(2)Section 145ASection 2Section 43B

…ow the question is that when the assessee has not claimed it as expenditure in the profit and loss account, could it be disallowed u/s 43B of the Act. This was considered by the Hon’ble Apex Court in the case of Chowringhee Sales Bureau P. Ltd. v. CIT [(1973) 87 ITR 542 (SC)], in which it was held that the sales tax collected by the assessee is revenue receipt even if it is shown by the assessee under non-revenue head and such treatment by the assessee is not decisive. Further, in the case of M/s.Jain Christopher v. DCIT in ITA No.855/Bang/2012 – order dated 12.04.2013, it was held as under:- “7.2 During the cou…

Sdce Projects Pvt. Ltd., Vadodara vs. The Dy. CIT, Circle-2(1)(1), Vadodara

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

ITA 2556/AHD/2017[2013-14]Status: DisposedITAT Ahmedabad01 Oct 2019AY 2013-14

Bench: Shri Kul Bharat & Shri Waseem Ahmedआयकर अपील सं./Ita No. 2556/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2013-2014 Sdce Projects Pvt. Ltd., D.C.I.T, 2Nd Floor Tower A, Vs. Circle-2(1)(1) Darshnam Oxy Park, Baroda. Nr. Neelkamal Farm House, Vasna-Bhauli Road, Vadodara-390020. Pan: Aalcs7588K

Section 139(1)Section 37Section 43B

…(A) was that the impugned amount of service tax, not deposited within the due date of filing return, has to be treated as trading receipts in view of the judgment of Hon’ble Supreme Court in the case of Chowringhee Sales Bureau (Pvt.) Ltd. Vs. CIT reported in 87 ITR 542 which reads as under: The amount realised on sales tax by the assessee in his character as an auctioneer formed part of its trading or business receipts. The Supreme Court further held that the fact that assessee credited the amount received as sales tax under the head "sales tax collection account" did not make any material difference. The liabil…

Dxn Herbal Manufacturing India Pvt. Ltd., Pondicherry vs. DCIT, Pondicherry

In the result, the appeal filed by the assessee stands

ITA 1752/CHNY/2016[2012-13]Status: DisposedITAT Chennai08 Aug 2019AY 2012-13

Bench: Shri George Mathan & Shri Inturi Rama Rao

For Appellant: Shri. K. Ravi, Advocate

Section 115JSection 143(3)Section 37Section 43B

…आयकर अपील"य अ"धकरण, ’सी’ "यायपीठ, चे"नई IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH : CHENNAI "ी जॉज" माथन, "या"यक सद"य एवं "ी इंटूर" रामा राव, लेखा सद"य के सम" BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A. No.1752/CHNY/2016 "नधा"रण वष" /Assessment year : 2012-2013. M/s. DXN Herbal Manufacturing Vs. The Deputy Commissioner of India Pvt. Ltd, Income Tax, (formerly known as ‘’DXN Herbal Pondicherry Circle, Manufacturing (India) Pvt Ltd, Pondicherry – 605 102. RS No.14/4 & 142/5, Whirlpool Road, Thiruvandar Koil, Pondicherry 605 102. [PAN AABCD 414…

The Peerless Gen.Fin and Investment Company Limited vs. Commnr. of Income Tax

The appeal is allowed

C.A. No.-001265-001265 - 2007Supreme Court09 Jul 2019

Bench: HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

…see the true nature of the receipts and not go only by the entry in the books of account. We agree with the Tribunal that these deposits are really capital receipts and not revenue receipts. In Chowringhee Sales Bureau P. Ltd. V. CIT [1973] 87 ITR 542 (SC) which was followed in Sinclair Murray and Co. P. Ltd. V. CIT [1974] 97 ITR 615, the Supreme Court observed (page 619): “It is the true nature and quality of the receipt and not the head under which it is entered in the account books that would prove decisive. If a receipt is a trading receipt, the fact that it is not so shown in the account…

JCIT (International Taxation), Dehradun vs. M/S. R & B Falcon (A) Pty Ltd., Mumbai

In the result, all these appeals of the Revenue are dismissed

ITA 708/DEL/2016[2011-12]Status: DisposedITAT Delhi10 May 2019AY 2011-12

Bench: : Shri Amit Shukla & Shri L.P. Sahuassessment Year: 2011-12

Section 143(3)Section 144CSection 44B

…h the extraction or production of mineral oil, whether paid in or outside India, are to be included. It was submitted by the Ld. DR that the service tax receipt squarely falls within the principle enunciated in Chowringhee Sales Bureau (P.) Ltd. v. CIT [1973] 87 ITR 542 (SC) wherein it was laid down that sales tax charged forms part of the trading receipts and is as such liable to be assessed to income tax. The Ld. DR submitted that since then the courts have consistently held similarly for all kinds of taxes or government receipts (that were received by the assessee during the relevant PY) that these are taxable…

Deputy Commissioner of Income Tax, Circle -1(1), Bhilai vs. M/S Ganpati Motors, Bhilai

In the result, appeal of the Revenue is dismissed

ITA 239/RPR/2017[2013-14]Status: DisposedITAT Raipur09 May 2019AY 2013-14

Bench: Shri Anil Chaturvedi, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No. 239/Rpr/2017 धनधाारण वषा / Assessment Year : 2013-14 The Deputy Commissioner Of Income Tax -1(1), 32/32 Bungalows, Bhilai. Dist. Durg (C.G.)-490 006 .......अपीलाथी / Appellant बनाम / V/S. M/S. Ganpati Motors, G.E. Road, Supela, Bhilai-490 006. Pan : Aaefg6628E ……प्रत्यथी / Respondent Assessee By : Shri S.R. Rao Revenue By : Shri R.P. Namdev

For Appellant: Shri S.R. RaoFor Respondent: Shri R.P. Namdev

Section 145ASection 43B

….13,424/- made by the Assessing Officer by applying the provisions of Section 43B of the IT Act, 1961 on account of unpaid entry tax and VAT liability when particularly, the Hon'ble Supreme Court in the case of Chowringhee Sales Bureau (P) Ltd. Vs. CIT (1973) 87 ITR 542 has held that unpaid sales tax liability has to be included as part of receipts of the assessee and thereby in the present case, the provision of section 43B are attracted. 2. Whether in law and on facts and circumstances of the case the Ld. CIT(Appeals) was justified in allowing the assessee to route his VAT and Service Tax amount out of his regu…

DCIT, Circle - 6(1), Kolkata vs. M/S. Integrated Coal Mining Limited, Kolkata

Appeal is partly allowed in above terms

ITA 170/KOL/2018[2010-11]Status: DisposedITAT Kolkata15 Mar 2019AY 2010-11

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2010-11 Dcit, Circle-6(1), V/S. M/S Integrated Coal P-7, Chowringhee Mining Ltd., 6, Church Square, Kolkata-69 Lane, 1Ste Floor, Kolakta-700001 [Pan No.Aaaci 5584 L] .. अपीलाथ" /Appellant ""यथ"/Respondent Dr. P.K. Srihari, Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri Diparun Mukherjee, Aca & ""यथ" क" ओर से/By Respondent Shri Alolk Goenka, Aca 15-01-2019 सुनवाई क" तार"ख/Date Of Hearing 15-03-2019 घोषणा क" तार"ख/Date Of Pronouncement

Section 139(1)Section 143(3)Section 43B

…e same are not paid within the due date of filing the return of income, then the same are liable for disallowance u/s 43B of the Act by placing reliance on the decision of the Hon'ble Apex Court in the case of Chowringhee Sales Bureau P Ltd vs CIT reported in 87 ITR 542 (SC). The Learned AO accordingly disallowed Rs.30,44,09,948/- towards RE Cess and Rs.7,61,02,510/- towards PE Cess. On first appeal, the Learned CIT(A) held that the provisions of section 43B of the Act would come into operation in the facts of the case and also held that though the cess collected from customers becomes payable in the succeeding y…

ACIT, Moradabad vs. M/S. Jubilant Organosyes Ltd., Uttar Pradesh

The appeal is dismissed

ITA 4975/DEL/2012[2008-09]Status: DisposedITAT Delhi12 Mar 2019AY 2008-09

Bench: Smt Beena A. Pillai & Shri Prashant Maharishi

For Appellant: Shri R.M. Gupta, AdvFor Respondent: Shri J. K. Mishra, CIT DR

Section 115JSection 43(1)

…o be considered for deduction under 80HHC of Act. He thereafter contended that excise duty paid by Appellant should be added to total turnover while computing deduction under 80HHC of Act relying on judgment of Chowringhee Sales Bureau (P.) Ltd. v. CIT [1973] 87 ITR 542 and he also added miscellaneous receipts in total turnover for computing deduction under 80HHC of Act. 72. On appeal, Ld. CIT(A) remanded back issue to Ld. AO to allow deduction under 80HHC of Act with reference to DEPB if permissible in light of retrospective insertion of fifth proviso to section 80HHC(3) of Act (by Taxation Laws (Amendment) Act,…

ACIT, Moradabad vs. M/S Jubliant Organosys Ltd., Uttar Pradesh

The appeal is dismissed

ITA 2596/DEL/2011[2007-08]Status: DisposedITAT Delhi12 Mar 2019AY 2007-08

Bench: Smt Beena A. Pillai & Shri Prashant Maharishi

For Appellant: Shri R.M. Gupta, AdvFor Respondent: Shri J. K. Mishra, CIT DR

Section 115JSection 43(1)

…o be considered for deduction under 80HHC of Act. He thereafter contended that excise duty paid by Appellant should be added to total turnover while computing deduction under 80HHC of Act relying on judgment of Chowringhee Sales Bureau (P.) Ltd. v. CIT [1973] 87 ITR 542 and he also added miscellaneous receipts in total turnover for computing deduction under 80HHC of Act. 72. On appeal, Ld. CIT(A) remanded back issue to Ld. AO to allow deduction under 80HHC of Act with reference to DEPB if permissible in light of retrospective insertion of fifth proviso to section 80HHC(3) of Act (by Taxation Laws (Amendment) Act,…

Jubilant Organosys Ltd., Noida vs. Addl. CIT, Moradabad

The appeal is dismissed

ITA 2497/DEL/2011[2007-08]Status: DisposedITAT Delhi12 Mar 2019AY 2007-08

Bench: Smt Beena A. Pillai & Shri Prashant Maharishi

For Appellant: Shri R.M. Gupta, AdvFor Respondent: Shri J. K. Mishra, CIT DR

Section 115JSection 43(1)

…o be considered for deduction under 80HHC of Act. He thereafter contended that excise duty paid by Appellant should be added to total turnover while computing deduction under 80HHC of Act relying on judgment of Chowringhee Sales Bureau (P.) Ltd. v. CIT [1973] 87 ITR 542 and he also added miscellaneous receipts in total turnover for computing deduction under 80HHC of Act. 72. On appeal, Ld. CIT(A) remanded back issue to Ld. AO to allow deduction under 80HHC of Act with reference to DEPB if permissible in light of retrospective insertion of fifth proviso to section 80HHC(3) of Act (by Taxation Laws (Amendment) Act,…

Vansun Erectors Private Limited, Secunderabad vs. Income Tax Officer, Ward-17(3), Hyderabad

In the result, assessee’s appeal is allowed

ITA 732/HYD/2018[2014-15]Status: DisposedITAT Hyderabad15 Feb 2019AY 2014-15

Bench: Smt. P. Madhavi Devi & Shri S.Rifaur Rahmanm/S. Vansun Erectors Vs Income Tax Officer Private Limited, Ward 17(3) Secunderabad Hyderabad Pan: Aabcv0428R (Appellant) (Respondent)

For Appellant: Shri K.C. DevdasFor Respondent: Shri Phani Raju, DR

Section 143(3)Section 43B

…he case of VIT vs. Noble and Hewitt (I) P Ltd (Supra), the Hon'ble Delhi High Court, after considering the Page 3 of 5 ITA No 732 of 2018 Vansun Erectors P Ltd Secunderabad. decision of the Kolkata High Court in the case of Chowringhee Sales Bureau vs. CIT (87 ITR 542 (S.C) held as under: “5. Learned Counsel for the revenue urges that the decision of the Calcutta High court in Chowringhee Sales Bureau (P.) Ltd. 's case (supra) covers the point in its favor. We are unable to agree. In that case it was held that the liability to pay sales tax arose the moment a sale or purchase was effected and if an assessee wa…

The Dy.Commissioner of Income Tax, Circle-1(1)(1), Ahmedabad vs. M/S. Adani Petronet( Dahej) Pvt. Ltd., Ahmedabad

In the result, this ground of appeal is dismissed

ITA 3459/AHD/2015[2011-12]Status: DisposedITAT Ahmedabad01 Feb 2019AY 2011-12

Bench: Shri Pramod Kumar & Shri Mahavir Prasad)

For Appellant: Shri Mudit Nagpal, Sr. DR and Smt. Aparna Agarwal, CIT/DRFor Respondent: Shri S. N. Soparkar & Parin Shah, A.R

Section 115JSection 145Section 145ASection 14ASection 5

…nd outstanding at the year end. The Assessing Officer was of the view that the service tax should have been shown as receipts in the P & L A/c on the principle laid down by the Honourable Supreme Court in the case of Chowringhee Sales Bureau (P) Ltd. vs. CIT [87 ITR 542] and also as per the provisions of section 145A. The Assessing Officer made an addition of Rs. 3,91,6807- on account of service tax on the ground that the assessee ought to have made payment of the service-tax in order to claim deduction as per provisions of section 43B. Held: As per the service tax law, service tax is payable as and when the paym…

JCIT (OSD), Chennai vs. Sify Technologies Limited, Chennai

In the result, the Revenue’s appeals in ITA Nos

ITA 1795/CHNY/2016[2011-2012]Status: DisposedITAT Chennai18 Dec 2018AY 2011-2012

Bench: Shri George Mathan & Shri S. Jayaramanआयकर अपील सं/.I.T.A. No. 1650/Chny/2017 "नधा"रण वष"/Assessment Year : 2010-11 Deputy Commissioner Of Income M/S. Sify Technologies Ltd., Tidel Park, 2Nd Floor, Tax, Vs. Large Taxpayer Unit – 1, No.4, Canal Bank Road, Chennai – 600 101. Taramani, Chennai – 600 113. [Pan: Aaacs 9032R] (%&यथ'/Respondent) (अपीलाथ"/Appellant) आयकर अपील सं/.I.T.A. Nos. 1793, 1794 & 1795/Chny/2016 "नधा"रण वष"/Assessment Years : 2009-10, 2010-11 & 2011-12 Joint Commissioner Of Income Tax Vs. M/S. Sify Technologies Ltd., Tidel Park, 2Nd Floor, (Osd), Large Taxpayer Unit – 1, No.4, Canal Bank Road, Chennai – 600 034 Taramani, Chennai – 600 113. [Pan: Aaacs 9032R] (%&यथ'/Respondent) (अपीलाथ"/Appellant)

For Respondent: Shri.Homi Rajvangh, CIT

Section 143(3)Section 194JSection 40

…y at the time of receipt. 3.3 The CIT(A) ought to have followed the decision of the Kerala High Court in the case of Southern Cables & Engineering Works (289 ITR 167) and the decision of the Hon’ble Supreme Court in the case of Chowringee Sales Bureau P Ltd. (87 ITR 542) wherein it was held that if a receipt is a trading receipt, the fact that it was not shown as such in the books does not prevent the taxability of such income. 4.1 The CIT(A) erred in deleting the disallowance u/s 40(a)(ia) of Networking costs made by the Assessing Officer. 4.2 The CIT(A) ought to have appreciated the fact that the assessee is in…

JCIT (OSD), Chennai vs. Sify Technologies Limited, Chennai

In the result, the Revenue’s appeals in ITA Nos

ITA 1794/CHNY/2016[2010-2011]Status: DisposedITAT Chennai18 Dec 2018AY 2010-2011

Bench: Shri George Mathan & Shri S. Jayaramanआयकर अपील सं/.I.T.A. No. 1650/Chny/2017 "नधा"रण वष"/Assessment Year : 2010-11 Deputy Commissioner Of Income M/S. Sify Technologies Ltd., Tidel Park, 2Nd Floor, Tax, Vs. Large Taxpayer Unit – 1, No.4, Canal Bank Road, Chennai – 600 101. Taramani, Chennai – 600 113. [Pan: Aaacs 9032R] (%&यथ'/Respondent) (अपीलाथ"/Appellant) आयकर अपील सं/.I.T.A. Nos. 1793, 1794 & 1795/Chny/2016 "नधा"रण वष"/Assessment Years : 2009-10, 2010-11 & 2011-12 Joint Commissioner Of Income Tax Vs. M/S. Sify Technologies Ltd., Tidel Park, 2Nd Floor, (Osd), Large Taxpayer Unit – 1, No.4, Canal Bank Road, Chennai – 600 034 Taramani, Chennai – 600 113. [Pan: Aaacs 9032R] (%&यथ'/Respondent) (अपीलाथ"/Appellant)

For Respondent: Shri.Homi Rajvangh, CIT

Section 143(3)Section 194JSection 40

…y at the time of receipt. 3.3 The CIT(A) ought to have followed the decision of the Kerala High Court in the case of Southern Cables & Engineering Works (289 ITR 167) and the decision of the Hon’ble Supreme Court in the case of Chowringee Sales Bureau P Ltd. (87 ITR 542) wherein it was held that if a receipt is a trading receipt, the fact that it was not shown as such in the books does not prevent the taxability of such income. 4.1 The CIT(A) erred in deleting the disallowance u/s 40(a)(ia) of Networking costs made by the Assessing Officer. 4.2 The CIT(A) ought to have appreciated the fact that the assessee is in…

JCIT (OSD), Chennai vs. Sify Technologies Limited, Chennai

In the result, the Revenue’s appeals in ITA Nos

ITA 1793/CHNY/2016[2009-10]Status: DisposedITAT Chennai18 Dec 2018AY 2009-10

Bench: Shri George Mathan & Shri S. Jayaramanआयकर अपील सं/.I.T.A. No. 1650/Chny/2017 "नधा"रण वष"/Assessment Year : 2010-11 Deputy Commissioner Of Income M/S. Sify Technologies Ltd., Tidel Park, 2Nd Floor, Tax, Vs. Large Taxpayer Unit – 1, No.4, Canal Bank Road, Chennai – 600 101. Taramani, Chennai – 600 113. [Pan: Aaacs 9032R] (%&यथ'/Respondent) (अपीलाथ"/Appellant) आयकर अपील सं/.I.T.A. Nos. 1793, 1794 & 1795/Chny/2016 "नधा"रण वष"/Assessment Years : 2009-10, 2010-11 & 2011-12 Joint Commissioner Of Income Tax Vs. M/S. Sify Technologies Ltd., Tidel Park, 2Nd Floor, (Osd), Large Taxpayer Unit – 1, No.4, Canal Bank Road, Chennai – 600 034 Taramani, Chennai – 600 113. [Pan: Aaacs 9032R] (%&यथ'/Respondent) (अपीलाथ"/Appellant)

For Respondent: Shri.Homi Rajvangh, CIT

Section 143(3)Section 194JSection 40

…y at the time of receipt. 3.3 The CIT(A) ought to have followed the decision of the Kerala High Court in the case of Southern Cables & Engineering Works (289 ITR 167) and the decision of the Hon’ble Supreme Court in the case of Chowringee Sales Bureau P Ltd. (87 ITR 542) wherein it was held that if a receipt is a trading receipt, the fact that it was not shown as such in the books does not prevent the taxability of such income. 4.1 The CIT(A) erred in deleting the disallowance u/s 40(a)(ia) of Networking costs made by the Assessing Officer. 4.2 The CIT(A) ought to have appreciated the fact that the assessee is in…

DCIT, Circle-6(1), Kolkata vs. M/S Integrated Coal Mining Ltd., Kolkata

In the result, the appeal filed by the Revenue is dismissed

ITA 1031/KOL/2017[2012-13]Status: DisposedITAT Kolkata07 Dec 2018AY 2012-13

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Dcit, Circle 6(1), Kolkata Vs. M/S. Integrated Coal Mining Ltd. P-7, Chowringhee Square, 6, Church Lane, Kolkata – 700 069. Kolkata – 700 001. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaci 5584 L (अपीलाथ" /Appellant) (""यथ" / Respondent) ..

For Appellant: Shri D. Mukherjee & A. Goenka, Ld. ARFor Respondent: Shri R. Chowdhury, Addl. CIT

Section 115JSection 14ASection 43Section 43B

…fically states that amounts payable under the relevant law shall be allowed as deduction only on payment basis. Hence in these facts and circumstances, the decision of the Hon’ble Apex Court in the case of Chowringhee Sales Bureau Pvt. Ltd. vs CIT reported in 87 ITR 542 (SC) is not applicable to the facts of the assessee………. 3 M/s. Integrated Coal Mining Ltd. Assessment Year: 2012-13 In the facts of the instant case, the assessee had commenced its operation from A.Y.2003-04 and in the very first year, this issue was taken up for disallowance and the case was deleted by the Learned CIT(A) and the Revenue chose no…

Assistant Commissioner of Income-Tax vs. M/S. Swati Minerals, Kolhapur

In the result, all the three appeals of the Revenue are dismissed

ITA 1024/PUN/2015[2003-04]Status: DisposedITAT Pune24 Oct 2018AY 2003-04

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Prateek JhaFor Respondent: Shri Alok Singh

Section 143(3)Section 43B

…also cited, viz. CIT Vs. National Duncan Ltd. (2003) 260 ITR 97 (Cal) and CIT Vs. India Carbon Ltd. (2003) 262 ITR 327 (Gau). Since the CIT(A) has not deliberated the Hon’ble Supreme Court decision in the case of Chowringhee Sales Bureau (P) Ltd. reported in 87 ITR 542 (SC) as referred to by the I.T.A.T. Pune Bench ‘A’ in the case of Laxmi Hydraulics P. Ltd. (supra), we have no other alternative than to restore the matter back to the file of the CIT(A) for his decision after providing a reasonable opportunity of being heard to the assessee as well as to the A.O. The whole matter shall remain wide open before the…

Chowringhee Sales Bureau (P.) Ltd. v. CIT

What is Chowringhee Sales Bureau (P.) Ltd. v. CIT authority for?

Also referred to as

Sections most often in play

Issues it is cited on

Judgments citing Chowringhee Sales Bureau (P.) Ltd. v. CIT

Shree Veershaiv Co.Op.Bank Ltd, Kolhapur vs. Assistant Commissioner of Income Tax, Kolhapur

Shree Veershaiv Co.Op .Bank Ltd, Kolhapur vs. Income-Tax Officer, Ward - 2(2), Kolhapur

The ACIT, Kochi vs. M/S.Kunnel Engineers & Contractors P. Ltd, Kochi

M/S Wyzmindz Solutions Private Limited, Bangalore vs. Income Tax Officer Ward-7(1)(4), Bangalore

Sdce Projects Pvt. Ltd., Vadodara vs. The Dy. CIT, Circle-2(1)(1), Vadodara

Dxn Herbal Manufacturing India Pvt. Ltd., Pondicherry vs. DCIT, Pondicherry

The Peerless Gen.Fin and Investment Company Limited vs. Commnr. of Income Tax

JCIT (International Taxation), Dehradun vs. M/S. R & B Falcon (A) Pty Ltd., Mumbai

Deputy Commissioner of Income Tax, Circle -1(1), Bhilai vs. M/S Ganpati Motors, Bhilai

DCIT, Circle - 6(1), Kolkata vs. M/S. Integrated Coal Mining Limited, Kolkata

ACIT, Moradabad vs. M/S. Jubilant Organosyes Ltd., Uttar Pradesh

ACIT, Moradabad vs. M/S Jubliant Organosys Ltd., Uttar Pradesh

Jubilant Organosys Ltd., Noida vs. Addl. CIT, Moradabad

Vansun Erectors Private Limited, Secunderabad vs. Income Tax Officer, Ward-17(3), Hyderabad

The Dy.Commissioner of Income Tax, Circle-1(1)(1), Ahmedabad vs. M/S. Adani Petronet( Dahej) Pvt. Ltd., Ahmedabad

JCIT (OSD), Chennai vs. Sify Technologies Limited, Chennai

JCIT (OSD), Chennai vs. Sify Technologies Limited, Chennai

JCIT (OSD), Chennai vs. Sify Technologies Limited, Chennai

DCIT, Circle-6(1), Kolkata vs. M/S Integrated Coal Mining Ltd., Kolkata

Assistant Commissioner of Income-Tax vs. M/S. Swati Minerals, Kolhapur