CIT v. Avani

277 CTR 460Reported decision2015#9625 most cited

What is CIT v. Avani authority for?

The Supreme Court affirmed the Gujarat High Court's decision that amendments to Section 10(23G) should not operate retrospectively to the detriment of assessees.

11

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2019 to 2024.

Also referred to as

CIT v. Avani Exports · 277 CTR 460 · Section 10(23G) · retrospective amendment · beneficial amendment · Gujarat High Court affirmed

Sections most often in play

Section 115JBSection 133(6)Section 143(3)Section 154Section 32Section 40A(2)Section 43BSection 55(2)(aa)

Judgments citing CIT v. Avani

DCIT, CC -1(4), Mumbai vs. M/S. Hindalco Industries Ltd., Mumbai

Accordingly, there is no substance raised by the department and the same is dismissed

ITA 619/KOL/2007[2003-04]Status: DisposedITAT Mumbai04 Jul 2024AY 2003-04
Section 115JSection 143(3)Section 80Section 80I

…In other words, the retrospective amendment should not be detrimental to any of the assessees. 15. This judgment of the Hon'ble Gujarat High Court has been affirmed by the Hon'ble Supreme Court in the case of Commissioner of Income Tax v. Avani Exports (2015) 277 CTR 460 with the following Observation: 4. Against the High Court judgment these SLPs are filed by the Union of India. Mr Mukul Rohatgi, learned Attorney General for India submits that once the prayer made was to sever the aforesaid two conditions as onerous and ultra vires, the High Court should have couched the reliefs in terms of that prayer only, ins…

M/S. Hindalco Industries Ltd.(Earlier Known As Indian Aluminium Company Ltd), Mumbai vs. DCIT, CC -1(4) (Earlier Deputy Commissioner of Income Tax Circle-8, Kolkatta), Mumbai

ITA 612/KOL/2007[2003-04]Status: DisposedITAT Mumbai04 Jul 2024AY 2003-04
Section 115JSection 143(3)Section 80Section 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘C‘ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & MS PADMAVATHY S, ACCOUNTANT MEMBER ITA No.612/KOL/2007 (Assessment Year:2003-04) M/s. Hindalco Industries Ltd. Vs. DCIT (Earlier known as Indian Aluminium Company Ltd.) Ahura Centre, 1st Floor, B Wing, Mahakali Caves Road, Andheri (E) Mumbai-400 093 CC-1(4), Mumbai (Earlier Deputy Commissioner of Income Tax Circle-8, Kolkata PAN/GIR No.AAACH1201R (Appellant) (Respondent) ITA No.619/KOL/2007 (Assessment Year:2003-04) DCIT Mumbai CC-1(4), Vs. M/s. Hindalco Industries Ltd. (As a successor to M/s. Indian Aluminium Co…

M/S. Fag Bearings India Ltd., Baroda vs. The ACIT, Circle-1(2), Baroda

ITA 799/AHD/2016[2008-09]Status: DisposedITAT Ahmedabad30 Apr 2019AY 2008-09

Bench: Shri Waseem Ahmed & Ms Madhumita Roy1. आयकर अपील सं./Ita No.4565/Ahd/2007 – Ay 2004-05 2. आयकर अपील सं./Ita No.1529/Ahd/2009 – Ay 2005-06 3. आयकर अपील सं./Ita No.1256/Ahd/2012 – Ay 2007-08 4. आयकर अपील सं./It(Tp)A No.1941/Ahd/2012 – Ay 2008-09 5. आयकर अपील सं./It(Tp)A No.551/Ahd/2016 – Ay 2009-10

For Appellant: Shri Milin Mehta, A.R
Section 36Section 36(1)(iv)Section 40A(2)(b)Section 40A(9)Section 92C

…mpugned income is eligible for deduction under section 80HHC(3) of the Act. We also note that the issue involved in the instant case stands covered in favor of the assessee by the judgment of Hon’ble Apex court in the case of CIT Vs. Avani exports reported in 277 CTR 460 wherein it was held as under: “26. On consideration of the entire materials on record, we, therefore, find substance in the contention of the learned counsel for the petitioners that the impugned amendment is violative for its retrospective operation in order to overcome the decision of the Tribunal, and at the same time, for depriving the benefi…

The ACIT, Circle-5, Ahmedabad vs. M/S. Nabros Pharma Ltd., Ahmedabad

ITA 788/AHD/2016[2008-09]Status: DisposedITAT Ahmedabad30 Apr 2019AY 2008-09

Bench: Shri Waseem Ahmed & Ms Madhumita Roy1. आयकर अपील सं./Ita No.4565/Ahd/2007 – Ay 2004-05 2. आयकर अपील सं./Ita No.1529/Ahd/2009 – Ay 2005-06 3. आयकर अपील सं./Ita No.1256/Ahd/2012 – Ay 2007-08 4. आयकर अपील सं./It(Tp)A No.1941/Ahd/2012 – Ay 2008-09 5. आयकर अपील सं./It(Tp)A No.551/Ahd/2016 – Ay 2009-10

For Appellant: Shri Milin Mehta, A.R
Section 36Section 36(1)(iv)Section 40A(2)(b)Section 40A(9)Section 92C

…mpugned income is eligible for deduction under section 80HHC(3) of the Act. We also note that the issue involved in the instant case stands covered in favor of the assessee by the judgment of Hon’ble Apex court in the case of CIT Vs. Avani exports reported in 277 CTR 460 wherein it was held as under: “26. On consideration of the entire materials on record, we, therefore, find substance in the contention of the learned counsel for the petitioners that the impugned amendment is violative for its retrospective operation in order to overcome the decision of the Tribunal, and at the same time, for depriving the benefi…

The ACIT, Circle-1(2), Baroda vs. M/S. Fag Bearings India Ltd., Vadodara

ITA 551/AHD/2016[2009-10]Status: DisposedITAT Ahmedabad30 Apr 2019AY 2009-10

Bench: Shri Waseem Ahmed & Ms Madhumita Roy1. आयकर अपील सं./Ita No.4565/Ahd/2007 – Ay 2004-05 2. आयकर अपील सं./Ita No.1529/Ahd/2009 – Ay 2005-06 3. आयकर अपील सं./Ita No.1256/Ahd/2012 – Ay 2007-08 4. आयकर अपील सं./It(Tp)A No.1941/Ahd/2012 – Ay 2008-09 5. आयकर अपील सं./It(Tp)A No.551/Ahd/2016 – Ay 2009-10

For Appellant: Shri Milin Mehta, A.R
Section 36Section 36(1)(iv)Section 40A(2)(b)Section 40A(9)Section 92C

…mpugned income is eligible for deduction under section 80HHC(3) of the Act. We also note that the issue involved in the instant case stands covered in favor of the assessee by the judgment of Hon’ble Apex court in the case of CIT Vs. Avani exports reported in 277 CTR 460 wherein it was held as under: “26. On consideration of the entire materials on record, we, therefore, find substance in the contention of the learned counsel for the petitioners that the impugned amendment is violative for its retrospective operation in order to overcome the decision of the Tribunal, and at the same time, for depriving the benefi…

M/S. Fag Bearings India Ltd., Baroda vs. The ACIT., Circle-1(2), (Tpo), Baroda

ITA 2061/AHD/2012[2008-09]Status: DisposedITAT Ahmedabad30 Apr 2019AY 2008-09

Bench: Shri Waseem Ahmed & Ms Madhumita Roy1. आयकर अपील सं./Ita No.4565/Ahd/2007 – Ay 2004-05 2. आयकर अपील सं./Ita No.1529/Ahd/2009 – Ay 2005-06 3. आयकर अपील सं./Ita No.1256/Ahd/2012 – Ay 2007-08 4. आयकर अपील सं./It(Tp)A No.1941/Ahd/2012 – Ay 2008-09 5. आयकर अपील सं./It(Tp)A No.551/Ahd/2016 – Ay 2009-10

For Appellant: Shri Milin Mehta, A.R
Section 36Section 36(1)(iv)Section 40A(2)(b)Section 40A(9)Section 92C

…mpugned income is eligible for deduction under section 80HHC(3) of the Act. We also note that the issue involved in the instant case stands covered in favor of the assessee by the judgment of Hon’ble Apex court in the case of CIT Vs. Avani exports reported in 277 CTR 460 wherein it was held as under: “26. On consideration of the entire materials on record, we, therefore, find substance in the contention of the learned counsel for the petitioners that the impugned amendment is violative for its retrospective operation in order to overcome the decision of the Tribunal, and at the same time, for depriving the benefi…

M/S. Fag Bearings India Ltd., Baroda vs. The Dy.CIT., Circle-1(2), Baroda

ITA 1197/AHD/2012[2007-08]Status: DisposedITAT Ahmedabad30 Apr 2019AY 2007-08

Bench: Shri Waseem Ahmed & Ms Madhumita Roy1. आयकर अपील सं./Ita No.4565/Ahd/2007 – Ay 2004-05 2. आयकर अपील सं./Ita No.1529/Ahd/2009 – Ay 2005-06 3. आयकर अपील सं./Ita No.1256/Ahd/2012 – Ay 2007-08 4. आयकर अपील सं./It(Tp)A No.1941/Ahd/2012 – Ay 2008-09 5. आयकर अपील सं./It(Tp)A No.551/Ahd/2016 – Ay 2009-10

For Appellant: Shri Milin Mehta, A.R
Section 36Section 36(1)(iv)Section 40A(2)(b)Section 40A(9)Section 92C

…mpugned income is eligible for deduction under section 80HHC(3) of the Act. We also note that the issue involved in the instant case stands covered in favor of the assessee by the judgment of Hon’ble Apex court in the case of CIT Vs. Avani exports reported in 277 CTR 460 wherein it was held as under: “26. On consideration of the entire materials on record, we, therefore, find substance in the contention of the learned counsel for the petitioners that the impugned amendment is violative for its retrospective operation in order to overcome the decision of the Tribunal, and at the same time, for depriving the benefi…

M/S. Fag Bearings India Ltd., Baroda vs. The CIT-I, Baroda

ITA 1453/AHD/2011[2005-06]Status: DisposedITAT Ahmedabad30 Apr 2019AY 2005-06

Bench: Shri Waseem Ahmed & Ms Madhumita Roy1. आयकर अपील सं./Ita No.4565/Ahd/2007 – Ay 2004-05 2. आयकर अपील सं./Ita No.1529/Ahd/2009 – Ay 2005-06 3. आयकर अपील सं./Ita No.1256/Ahd/2012 – Ay 2007-08 4. आयकर अपील सं./It(Tp)A No.1941/Ahd/2012 – Ay 2008-09 5. आयकर अपील सं./It(Tp)A No.551/Ahd/2016 – Ay 2009-10

For Appellant: Shri Milin Mehta, A.R
Section 36Section 36(1)(iv)Section 40A(2)(b)Section 40A(9)Section 92C

…mpugned income is eligible for deduction under section 80HHC(3) of the Act. We also note that the issue involved in the instant case stands covered in favor of the assessee by the judgment of Hon’ble Apex court in the case of CIT Vs. Avani exports reported in 277 CTR 460 wherein it was held as under: “26. On consideration of the entire materials on record, we, therefore, find substance in the contention of the learned counsel for the petitioners that the impugned amendment is violative for its retrospective operation in order to overcome the decision of the Tribunal, and at the same time, for depriving the benefi…

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)

…ntative also agreed to above fact as issue has now been decided by honourable Supreme Court. 118. In view of above facts and after hearing parties it was noted that now issue is squarely covered in favour of assessee by decision of honourable Supreme Court in 277 CTR 460 wherein decision of honourable Gujarat High Court in Avani exports vs. CIT 348 ITR 391 was confirmed. In view of above facts, we direct assessee to file revised computation of deduction allowable to it before learned AO, who after verification allow claim of assessee, if found in accordance with law. Accordingly, ground number 7 of appeal of asse…

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)

…ntative also agreed to above fact as issue has now been decided by honourable Supreme Court. 118. In view of above facts and after hearing parties it was noted that now issue is squarely covered in favour of assessee by decision of honourable Supreme Court in 277 CTR 460 wherein decision of honourable Gujarat High Court in Avani exports vs. CIT 348 ITR 391 was confirmed. In view of above facts, we direct assessee to file revised computation of deduction allowable to it before learned AO, who after verification allow claim of assessee, if found in accordance with law. Accordingly, ground number 7 of appeal of asse…

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)

…ntative also agreed to above fact as issue has now been decided by honourable Supreme Court. 118. In view of above facts and after hearing parties it was noted that now issue is squarely covered in favour of assessee by decision of honourable Supreme Court in 277 CTR 460 wherein decision of honourable Gujarat High Court in Avani exports vs. CIT 348 ITR 391 was confirmed. In view of above facts, we direct assessee to file revised computation of deduction allowable to it before learned AO, who after verification allow claim of assessee, if found in accordance with law. Accordingly, ground number 7 of appeal of asse…

CIT v. Avani (277 CTR 460) — Cited in 11 Judgments | BharatTax