CIT v. Andhra Sugars Ltd.

367 ITR 195Reported decision2014#24685 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 346,713 Indian tax judgments — from 2016 to 2022.

Judgments citing CIT v. Andhra Sugars Ltd.

Hp India Sales Private Limited, Bangalore vs. Joint Commissioner of Income Tax Ltu, Bangalore

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

ITA 524/BANG/2017[2012-13]Status: DisposedITAT Bangalore18 Aug 2022AY 2012-13

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am It(Tp)A No.524/Bang/2017 : Asst.Year 2012-2013 M/S.Hp India Sales Private The Joint Commissioner Of Limited (Formerly Known As Income-Tax, Ltu V. Bangalore. Hewlett-Packard India Sales Private Limited), 24 Salarpuria Area, Hosur Main Road, Adugodi Bangalore – 560 030. Pan : Aaacc9862F. (Appellant) (Respondent) Appellant By : Sri.Ajay Vohra, Senior Counsel / Sri. Neeraj Jain, Sri.Lalit Attal & Sri.Karon Dhanuka, Advoicates Respondent By : Sri.Harishchandra Naik, Cit-Dr Date Of Pronouncement : 18.08.2022 Date Of Hearing : 27.07.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 03.01.2017 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2012-2013. 2. The Brief Facts Of The Case Are As Follows: The Assessee Is A Company Engaged In Import Of Computer Peripherals From Its Associated Enterprises (Aes) For Sale In India & Also Rendered Certain Support Services. The Return Of Income For Assessment Year 2012-2013 Was Filed On 29.02.2012, Admitting Total Income Of Rs.544,61,99,276. The Return Was Revised On 25.03.2014

For Appellant: Sri.Ajay Vohra, Senior Counsel / Sri. Neeraj JainFor Respondent: Sri.Harishchandra Naik, CIT-DR

Section 143(2)Section 143(3)Section 144CSection 92BSection 92C

…uty is not covered by section 43B, hence deduction should be allowed even if actual payment is not made. 19. On the other hand, the learned DR relies on the decisions in the case of Shri Pipes v DCIT 289 ITR 154 (Rajasthan) and CIT v Andhra Sugars Ltd [2014] 367 ITR 195 (High Court of Telangana and Andhra Pradesh) which have held that interest on customs duty is allowable only on payment basis under section 43B. 24 IT(TP)A No.524/Bang/2017. M/s.HP India Sales Private Limited. 20. We have heard rival submissions and perused the material on record. We find that the Hon’ble Calcutta High Court in Hindustan Motors…

The Deputy Commissioner of Income Tax, Circle-3(1), Visakhapatnam vs. M/S. K V Mohana Rao and Co Privite Limited, Visakhapatnam

In the result, appeal filed by the Revenue and the cross objection filed by the assessee are dismissed

ITA 539/VIZ/2019[2013-14]Status: DisposedITAT Visakhapatnam03 Jun 2020AY 2013-14

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble

For Appellant: Shri G.V.N. Hari, AdvocateFor Respondent: Smt.U.Mini Chandran, Sr.DR

Section 143(3)Section 145(2)Section 148

…case of CIT Vs. M/s. Kelvinator of India Ltd., [(2010) 320 ITR 561]. So far as merits of the case is concerned, ld. counsel for the assessee has relied on the decision of the Hon'ble Jurisdictional High Court in the case of CIT Vs. Andhra Sugars Ltd., [(2014) 367 ITR 195]. The ld. CIT(A) by considering the submissions of the assessee quashed the notice issued by the Assessing Officer on the ground that it is clearly amounting to change of opinion and by relying on the judgment of the Hon'ble Supreme Court in the case of M/s. Kelvinator of India Ltd. (supra) decided the appeal in favour of the assessee. 6. On bein…

Media Experts P. Ltd, Mumbai vs. DCIT Cir 3(2), Mumbai

In the result, appeal of the assessee is allowed

ITA 5825/MUM/2013[2010-11]Status: DisposedITAT Mumbai19 Oct 2016AY 2010-11

Bench: Shri D. Karunakara Rao & Shri Amarjit Singh

For Appellant: Shri Milin BakhaiFor Respondent: Shri B. Satyanarayana Raju, DR

Section 115JSection 143(3)Section 43B

…or the proposition that such interest paid in connection with the remitting of the service tax collected is an allowable deduction. Relying on the judgment of the Hon‟ble High Court of Telangana & Andhra Pradesh in the case of CIT vs. Andhra Sugars Ltd [2014] 367 ITR 195 Ld Counsel for the assessee drew parallel on the interest payable to the „purchase duty‟ is an allowable deduction u/s 43B of the Act. Further, relying on the judgment of the Hon‟ble High Court of Gujarat in the case of Shree Digvijay Cement Co. Ltd vs. CIT [2007] 289 ITR 0250, Ld Counsel for the assessee explained that the interest, if any, with…