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

87 ITR 542Supreme Court of India1973#636 most cited

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.

155

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2000 to 2026.

Also referred to as

Chowringhee Sales Bureau · 87 ITR 542 · indirect tax component · gross turnover · sales receipts · Section 43B · actual payment · deductibility · sales tax

Sections most often in play

Section 143(3)Section 43BSection 143(1)Section 115JBSection 37(1)Section 80HHCSection 234DSection 271(1)(c)

Issues it is cited on

section 80hhc(3)section 28(iv)section 145asection 80hhcsection 80hhsection 43bsection 80ibmercantile system of accountingsection 43section 92ca(3)profits and gains of business or professionsection 80i

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

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

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

ITA 1023/PUN/2015[2002-03]Status: DisposedITAT Pune24 Oct 2018AY 2002-03

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…

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

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

ITA 1022/PUN/2015[2001-02]Status: DisposedITAT Pune24 Oct 2018AY 2001-02

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…

DCIT 4(3)(2), Mumbai vs. Weatherford Drilling International (Bvi) Ltd, Mumbai

The appeals are dismissed

ITA 3724/MUM/2017[2010-11]Status: DisposedITAT Mumbai18 Sept 2018AY 2010-11

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.3724/Mum/2017 (नििाारण वर्ा / Assessment Year : 2010-11) बिाम/ Dcit(It) 4(3)(2) M/S. Weatherford Room No. 1728 Drilling International 17Th Floor, (Bvi) Ltd., V. Air India Building Unit 71 & 74, 7 Th Floor, Nariman Point Kalpataru Square, Mumbai 400021 Kondivita Lane, Andheri (E), Mumbai 400059 स्थायी ऱेखा सं./ Pan : Aaacw7377F (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri. C.S Sharma, Dr Assessee By : Shri. Kishan Kumar Mundhra सुनवाई की तारीख /Date Of Hearing : 18.09.2018 घोषणा की तारीख /Date Of Pronouncement : 18.09.2018 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Revenue, Being Ita No. 3724/Mum/2017, Is Directed Against Appellate Order Dated 23.02.2017 Passed By Learned Commissioner Of Income Tax (Appeals)-58, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2010-11, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Assessment Order Dated 15.05.2013 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 144C(3) R.W.S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Assessment Year 2010-11. I.T.A. No.3724/Mum/2017

For Appellant: Shri. Kishan Kumar MundhraFor Respondent: Shri. C.S Sharma, DR
Section 144C(3)Section 44B

…ting that section 44BB being complete code for presumptive taxation, all receipts irrespective whether they are in nature of income or not were to be considered following the ratio of decision in Halliburton Offshore 300 ITR 265(UT) & Chowranghee Sales Bureau 87 ITR 542(SC).?" 2 "Whether on the facts and circumstances of the case and in Law, the Ld. CIT(A) erred in following the decision of Delhi High Court in Mitchell Drilling and ignoring the decision of Mumbai ITAT in case China Shipping Container Lines(Hongkong) Co. Ltd in ITA 8516 / M/ 2010?" 3. "The Appellate prays that the order of the CIT(A) be sent aside…

Delhi International Airport Authority (P) Ltd., New Delhi vs. CIT-IV, New Delhi

In the result appeal of the assessee is allowed

ITA 137/DEL/2012[2007-08]Status: DisposedITAT Delhi05 Jul 2018AY 2007-08

Bench: Shri R.S. Syal & Shri K.N. Charydelhi Vs Commissioner Of Income Tax-Iv, International Delhi Airport Private Limited Pan: Aaccd3570F & Assessee By Sh. Ronak G.Doshi, Fca Sh. Hardik Nirmal, Ca Revenue By Ms. Rachna Singh, Cit Dr

Section 263

…t of India it is clearly held that the statutory levies collected by an assessee in the course of its business to be eventually turned over to the Government is income within the meaning of the Income Tax Act (Chowringhee Sales Bureau Private Limited vs. CIT (87 ITR 542, 548; (SC)) and in view of this decision of the Hon’ble Supreme Court the PSF constitutes income within the meaning of the Income Tax Act. The CBDT by drawing analogy from section 43 B of the Act held that the whole of the amount of PSF shall be treated as income and thereafter the deductions are permissible only in respect of the expenses actuall…

Wadhwa Residency P.Ltd, Mumbai vs. Addl CIT RG 9(3), Mumbai

In the result, appeal filed by the assessee is allowed

ITA 5413/MUM/2015[2011-12]Status: DisposedITAT Mumbai20 Jun 2018AY 2011-12

Bench: Shri Joginder Singh() & Shri G Manjunatha ()

Section 143(2)Section 143(3)Section 14ASection 14A(2)Section 2(24)(x)Section 43B

…ure in the P&L Account, therefore, the same cannot be disallowed u/s 43B. 15. The AO, after considering relevant submissions of the assessee and also relying upon the decision of Hon’ble Supreme Court in the case of Chouringhee Sales Bureau Pvt Ltd vs CIT 87 ITR 542 (SC) observed that service tax collected from customer is a trading receipt which needs to be treated as part of its business receipts and also to be routed through P&L account. Mere treatment of such receipts in its books of account under the head ‘current liability’ is not a ground for the assessee 16 ITA 5413/Mum/2015 to take shelter from…

M/S. Schlumberger Asia Services Limited, Gurgaon vs. ADIT, Dehradun

In the result, the appeals filed by the assessee are allowed whereas the appeal filed by the revenue is dismissed

ITA 4468/DEL/2014[2008-09]Status: DisposedITAT Delhi24 May 2018AY 2008-09

Bench: Sh. H. S. Sidhu & Sh. N. K. Billaiya

Section 1Section 115Section 250(6)Section 44Section 44BSection 9

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘G’, NEW DELHI BEFORE SH. H. S. SIDHU, JUDICIAL MEMBER AND SH. N. K. BILLAIYA, ACCOUNTANT MEMBER ITA No.4467,4468/DEL/2014 Assessment Year: 2007-08 and 2008-09 Schlumberger Asia Services Vs. ADIT Limited 14th Floor, Towar-C, International Taxation Building No.1, DLF City, Dehradun Phase-II, Gurgaon -122002 PAN AADCS1107J (APPELLANT) (RESPONDENT) Appellant by Shri Amit Arora, CA Shri Vishal Mishra, CA Respondent by Sh. G.K. Dhall, CIT DR Assessment Year: 2012-13 DCIT (International Taxation) Vs Transocean Offshore Circle – 1 Deepwater Drilling Inc. 1st Floor, S…

M/S. Schlumberger Asia Services Limited, Gurgaon vs. ADIT, Dehradun

In the result, the appeals filed by the assessee are allowed whereas the appeal filed by the revenue is dismissed

ITA 4467/DEL/2014[2007-08]Status: DisposedITAT Delhi24 May 2018AY 2007-08

Bench: Sh. H. S. Sidhu & Sh. N. K. Billaiya

Section 1Section 115Section 250(6)Section 44Section 44BSection 9

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘G’, NEW DELHI BEFORE SH. H. S. SIDHU, JUDICIAL MEMBER AND SH. N. K. BILLAIYA, ACCOUNTANT MEMBER ITA No.4467,4468/DEL/2014 Assessment Year: 2007-08 and 2008-09 Schlumberger Asia Services Vs. ADIT Limited 14th Floor, Towar-C, International Taxation Building No.1, DLF City, Dehradun Phase-II, Gurgaon -122002 PAN AADCS1107J (APPELLANT) (RESPONDENT) Appellant by Shri Amit Arora, CA Shri Vishal Mishra, CA Respondent by Sh. G.K. Dhall, CIT DR Assessment Year: 2012-13 DCIT (International Taxation) Vs Transocean Offshore Circle – 1 Deepwater Drilling Inc. 1st Floor, S…

ACIT, Ludhiana vs. M/S Vardhman Textiles Ltd., Ludhiana

In the result appeals of the Assessee and the Revenue are partly allowed

ITA 575/CHANDI/2009[2005-06]Status: DisposedITAT Chandigarh04 May 2018AY 2005-06

Bench: Smt. Diva Singh & Dr. B.R.R. Kumarassessment Year: 2002-03

For Appellant: Shri. Subhash AggarwalFor Respondent: Sh. Ashish Abrol
Section 10BSection 14ASection 80H

…IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH ‘B’, CHANDIGARH BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER Assessment Year: 2002-03 M/s Vardhman Textiles Ltd. Vs. The DCIT (Formerly known as Mahavir Range-I Spinning Mills Ltd.) Ludhiana Chandigarh Road, Ludhiana PAN/GIR No. AABCM4692E Assessment Year: 2002-03 The ACIT Vs. M/s Vardhman Textiles Ltd. Circle-I (Formerly known as Mahavir Ludhiana Spinning Mills Ltd.) Chandigarh Road, Ludhiana Assessment Year: 2003-04 M/s Vardhman Textiles Ltd. Vs. The ACIT (Formerly known as Mahavir Circle-I Spinning Mills Ltd.) Ludhiana C…

M/S Vardhman Textiles Ltd., Ludhiana vs. Addl. CIT, Ludhiana

In the result appeals of the Assessee and the Revenue are partly allowed

ITA 528/CHANDI/2009[2005-06]Status: DisposedITAT Chandigarh04 May 2018AY 2005-06

Bench: Smt. Diva Singh & Dr. B.R.R. Kumarassessment Year: 2002-03

For Appellant: Shri. Subhash AggarwalFor Respondent: Sh. Ashish Abrol
Section 10BSection 14ASection 80H

…IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH ‘B’, CHANDIGARH BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER Assessment Year: 2002-03 M/s Vardhman Textiles Ltd. Vs. The DCIT (Formerly known as Mahavir Range-I Spinning Mills Ltd.) Ludhiana Chandigarh Road, Ludhiana PAN/GIR No. AABCM4692E Assessment Year: 2002-03 The ACIT Vs. M/s Vardhman Textiles Ltd. Circle-I (Formerly known as Mahavir Ludhiana Spinning Mills Ltd.) Chandigarh Road, Ludhiana Assessment Year: 2003-04 M/s Vardhman Textiles Ltd. Vs. The ACIT (Formerly known as Mahavir Circle-I Spinning Mills Ltd.) Ludhiana C…

ACIT, Ludhiana vs. M/S Vardhman Textiles Ltd., Ludhiana

In the result appeals of the Assessee and the Revenue are partly allowed

ITA 981/CHANDI/2008[2004-05]Status: DisposedITAT Chandigarh04 May 2018AY 2004-05

Bench: Smt. Diva Singh & Dr. B.R.R. Kumarassessment Year: 2002-03

For Appellant: Shri. Subhash AggarwalFor Respondent: Sh. Ashish Abrol
Section 10BSection 14ASection 80H

…IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH ‘B’, CHANDIGARH BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER Assessment Year: 2002-03 M/s Vardhman Textiles Ltd. Vs. The DCIT (Formerly known as Mahavir Range-I Spinning Mills Ltd.) Ludhiana Chandigarh Road, Ludhiana PAN/GIR No. AABCM4692E Assessment Year: 2002-03 The ACIT Vs. M/s Vardhman Textiles Ltd. Circle-I (Formerly known as Mahavir Ludhiana Spinning Mills Ltd.) Chandigarh Road, Ludhiana Assessment Year: 2003-04 M/s Vardhman Textiles Ltd. Vs. The ACIT (Formerly known as Mahavir Circle-I Spinning Mills Ltd.) Ludhiana C…

Vardhman Textiles Ltd., Ludhiana vs. JCIT, Ludhiana

In the result appeals of the Assessee and the Revenue are partly allowed

ITA 938/CHANDI/2008[2004-05]Status: DisposedITAT Chandigarh04 May 2018AY 2004-05

Bench: Smt. Diva Singh & Dr. B.R.R. Kumarassessment Year: 2002-03

For Appellant: Shri. Subhash AggarwalFor Respondent: Sh. Ashish Abrol
Section 10BSection 14ASection 80H

…IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH ‘B’, CHANDIGARH BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER Assessment Year: 2002-03 M/s Vardhman Textiles Ltd. Vs. The DCIT (Formerly known as Mahavir Range-I Spinning Mills Ltd.) Ludhiana Chandigarh Road, Ludhiana PAN/GIR No. AABCM4692E Assessment Year: 2002-03 The ACIT Vs. M/s Vardhman Textiles Ltd. Circle-I (Formerly known as Mahavir Ludhiana Spinning Mills Ltd.) Chandigarh Road, Ludhiana Assessment Year: 2003-04 M/s Vardhman Textiles Ltd. Vs. The ACIT (Formerly known as Mahavir Circle-I Spinning Mills Ltd.) Ludhiana C…

ACIT, Ludhiana vs. M/S Vardhman Textiles Ltd., Ludhiana

In the result appeals of the Assessee and the Revenue are partly allowed

ITA 530/CHANDI/2008[2003-04]Status: DisposedITAT Chandigarh04 May 2018AY 2003-04

Bench: Smt. Diva Singh & Dr. B.R.R. Kumarassessment Year: 2002-03

For Appellant: Shri. Subhash AggarwalFor Respondent: Sh. Ashish Abrol
Section 10BSection 14ASection 80H

…IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH ‘B’, CHANDIGARH BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER Assessment Year: 2002-03 M/s Vardhman Textiles Ltd. Vs. The DCIT (Formerly known as Mahavir Range-I Spinning Mills Ltd.) Ludhiana Chandigarh Road, Ludhiana PAN/GIR No. AABCM4692E Assessment Year: 2002-03 The ACIT Vs. M/s Vardhman Textiles Ltd. Circle-I (Formerly known as Mahavir Ludhiana Spinning Mills Ltd.) Chandigarh Road, Ludhiana Assessment Year: 2003-04 M/s Vardhman Textiles Ltd. Vs. The ACIT (Formerly known as Mahavir Circle-I Spinning Mills Ltd.) Ludhiana C…

Vardhman Textile Ltd., Ludhiana vs. ACIT, Ludhiana

In the result appeals of the Assessee and the Revenue are partly allowed

ITA 475/CHANDI/2008[2003-04]Status: DisposedITAT Chandigarh04 May 2018AY 2003-04

Bench: Smt. Diva Singh & Dr. B.R.R. Kumarassessment Year: 2002-03

For Appellant: Shri. Subhash AggarwalFor Respondent: Sh. Ashish Abrol
Section 10BSection 14ASection 80H

…IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH ‘B’, CHANDIGARH BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER Assessment Year: 2002-03 M/s Vardhman Textiles Ltd. Vs. The DCIT (Formerly known as Mahavir Range-I Spinning Mills Ltd.) Ludhiana Chandigarh Road, Ludhiana PAN/GIR No. AABCM4692E Assessment Year: 2002-03 The ACIT Vs. M/s Vardhman Textiles Ltd. Circle-I (Formerly known as Mahavir Ludhiana Spinning Mills Ltd.) Chandigarh Road, Ludhiana Assessment Year: 2003-04 M/s Vardhman Textiles Ltd. Vs. The ACIT (Formerly known as Mahavir Circle-I Spinning Mills Ltd.) Ludhiana C…

ACIT, Ludhiana vs. Vardhman Textiles Ltd., Ludhiana

In the result appeals of the Assessee and the Revenue are partly allowed

ITA 691/CHANDI/2007[2002-03]Status: DisposedITAT Chandigarh04 May 2018AY 2002-03

Bench: Smt. Diva Singh & Dr. B.R.R. Kumarassessment Year: 2002-03

For Appellant: Shri. Subhash AggarwalFor Respondent: Sh. Ashish Abrol
Section 10BSection 14ASection 80H

…IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH ‘B’, CHANDIGARH BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER Assessment Year: 2002-03 M/s Vardhman Textiles Ltd. Vs. The DCIT (Formerly known as Mahavir Range-I Spinning Mills Ltd.) Ludhiana Chandigarh Road, Ludhiana PAN/GIR No. AABCM4692E Assessment Year: 2002-03 The ACIT Vs. M/s Vardhman Textiles Ltd. Circle-I (Formerly known as Mahavir Ludhiana Spinning Mills Ltd.) Chandigarh Road, Ludhiana Assessment Year: 2003-04 M/s Vardhman Textiles Ltd. Vs. The ACIT (Formerly known as Mahavir Circle-I Spinning Mills Ltd.) Ludhiana C…

M/S Vardhman Textiles Ltd., Ludhiana vs. ACIT, Ludhiana

In the result appeals of the Assessee and the Revenue are partly allowed

ITA 681/CHANDI/2007[2002-03]Status: DisposedITAT Chandigarh04 May 2018AY 2002-03

Bench: Smt. Diva Singh & Dr. B.R.R. Kumarassessment Year: 2002-03

For Appellant: Shri. Subhash AggarwalFor Respondent: Sh. Ashish Abrol
Section 10BSection 14ASection 80H

…IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH ‘B’, CHANDIGARH BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER Assessment Year: 2002-03 M/s Vardhman Textiles Ltd. Vs. The DCIT (Formerly known as Mahavir Range-I Spinning Mills Ltd.) Ludhiana Chandigarh Road, Ludhiana PAN/GIR No. AABCM4692E Assessment Year: 2002-03 The ACIT Vs. M/s Vardhman Textiles Ltd. Circle-I (Formerly known as Mahavir Ludhiana Spinning Mills Ltd.) Chandigarh Road, Ludhiana Assessment Year: 2003-04 M/s Vardhman Textiles Ltd. Vs. The ACIT (Formerly known as Mahavir Circle-I Spinning Mills Ltd.) Ludhiana C…

Dic India Ltd, Kolkata vs. DCIT, Circle-10(1), Kolkata

In the result the appeal of the assessee is partly allowed

ITA 552/KOL/2017[2012-13]Status: DisposedITAT Kolkata14 Feb 2018AY 2012-13

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.A.L.Saini, Am] I.T.A No. 552/Kol/2017 Assessment Year : 2012-13 D.I.C.India Ltd. -Vs.- D.C.I.T., Circle-10 (1) Kolkata Kolkata [Pan : Aabcc 0703C] (Respondent) (Appellant) For The Appellant : Shri Akkal Dudhwewala, C.A.(Ar) For The Respondent : Shri G.Mallikarjuna, Cit, (Dr) Date Of Hearing : 07.02.2018. Date Of Pronouncement : 14.02.2018

For Appellant: Shri Akkal Dudhwewala, C.A.(AR)For Respondent: Shri G.Mallikarjuna, CIT, (DR)
Section 144CSection 28Section 36(1)Section 36(1)(vii)Section 43B

…. Counsel for the assessee submitted before us that sales tax is part of the trading or business receipts of the assessee and in this regard drew our attention to the decision of the Hon’ble Supreme court in the case of Chowringhee Sales Bureau P. Ltd. vs CIT 87 ITR 542 (SC). It was held by the Hon’ble Supreme Court that sales tax collected is part of the trading receipt of an assessee. The ld. Counsel also brought to our notice that sales tax charged in the invoice is routed through profit and loss account and therefore a trade receipt and writing off such amount should be considered as in the nature of bad debt…

Vijay Associates Wadhwa Construction P.Ltd, Mumbai vs. Addl CIT RG 9(3), Mumbai

In the result, this appeal filed by the assessee stands allowed

ITA 5460/MUM/2015[2011-12]Status: DisposedITAT Mumbai16 Jan 2018AY 2011-12

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं./I.T.A. No. 5460/Mum/2015 ("नधा"रण वष" / Assessment Year: 2011-12) Vijay Associates Wadhwa Addl. Cit, Range 9(3), Construction Pvt. Limited Mumbai (Merged With Wadhwa Group बनाम/ Holdings Pvt. Ltd.) Vs. 301, 3Rd Floor, Platina, Plot C-59, G Block, Bandra Kurla Complex, Bandra (E), Mumbai-400 051 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaccv 3657 P (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Mahesh O. Rajora ""यथ" क" ओर से/Respondent By : Ms. Pooja Swaroop

For Appellant: Shri Mahesh O. RajoraFor Respondent: Ms. Pooja Swaroop
Section 43Section 43B

…the service tax is a trading receipt and therefore part of income for AY 2011-12 and therefore addition to income to the extent of Rs 60,57,445/- is upheld. Reliance is placed on the Apex Court decisions in the case of Chowringhee Sales Bureau (P) Ltd. Vs CIT 87 ITR 542 (SC) ACIT Vs T. Naggi Reddy 202 ITR 253 (SC) Mcdowell & Co. Ltd. Vs CTO 154 ITR 148 (SC). Much like in the case of sales tax, the levy of service tax is on the service provider which in this case is the appellant. Even if the Rules of Payment is considered, since the appellant had collected the amount towards the service tax, it was liable to pay…

The Dy. CIT., Circle-4, Ahmedabad vs. Infinium Motors Pvt.Ltd., Ahmedabad

ITA 3009/AHD/2014[2008-09]Status: DisposedITAT Ahmedabad22 Dec 2017AY 2008-09
For Appellant: NoneFor Respondent: Shri V. K. Singh, Sr. D.R
Section 143(3)

…here is no question of maintaining closing stock. The appellant has also explained clearly that it has not included the excise duty component in valuation of the depreciable assets. Accordingly, the judgements in the case of Chowringhee Sales Bureau Pvt. Ltd. 87 ITR 542 and Sinclair Murray & Co. Pvt. Ltd. 97 ITR 615 are not applicable in the case of the appellant and are accordingly respectfully distinguished. In view of above discussion, I am of the considered opinion that no addition on this account can be made to the income of the appellant. The addition made is accordingly directed to be deleted. The ground o…

DCIT (International Taxation), Dehradun vs. M/S. Sundowner Offshore International (Bermuda) Ltd., Dehradun

In the result, appeal of the Revenue is dismissed

ITA 1067/DEL/2016[2012-13]Status: DisposedITAT Delhi08 Dec 2017AY 2012-13

Bench: Shri G. D. Agrawal & Ms Suchitra Kamble

Section 44B

…Court in the case of DIT vs. Mitchell Drilling International Pvt. Ltd.(supra) wherein the Hon'ble High Court, after analyzing various judgments of Hon'ble Uttarakhand High Court and the judgment in the case of Chowringhee Sales Bureau Pvt. Ltd. vs. CIT (1973) 87 ITR 542, observed and held as under:- “9. Section 44BB begins with a non obstante clause that excludes the application of Sections 28 to 41 and Sections 43 and 43A to assessments under Section 44 BB. It introduces the concept of presumptive income and states that 10% credit of the amounts paid or payable or deemed to be received by the Assessee on accoun…

Ratan Saha, Kolkata vs. ITO, WD-22(4), Kolkata

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

ITA 296/KOL/2016[2012-2013]Status: DisposedITAT Kolkata29 Nov 2017AY 2012-2013

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 296/Kol/2016 Assessment Year : 2012-13 Ratan Saha -Vs- Ito, Ward-22(4), Kolkata [Pan: Amaps 3981 Q] (Appellant) (Respondent)

For Appellant: Shri Miraj D. ShahFor Respondent: Shri Arindam Bhattacharjee, Addl. CIT
Section 143(3)Section 36(1)(iii)

…x by the assessee from the various cine goers along with sale of tickets constitutes a trading receipt liable to be taxed in terms of the ratio laid down by the Hon'ble Supreme Court in the case of Chowringhee Sales Bureau Pvt. Ltd. vs. CIT reported in [1973] 87 ITR 542 (SC). However, we find that the assessee had shown amusement tax liability as on 31.03.2011 at Rs. 29,77,066/- and as on 31.03.2012 at Rs. 40,83,681/-. Hence, the amusement tax calculated during the year is only Rs. 11,06,615/- (4083681-2977066) which is to be taxed as a trading receipt for assessment year 2012-13. It is not in dispute that the as…