CIT v. Bharat Petroleum CorporationLtd

252 ITR 43High Court2001#4484 most cited

What is CIT v. Bharat Petroleum CorporationLtd authority for?

Expenditure for staff welfare activities, including contributions to staff sports and welfare expenses, is not hit by the provisions of Section 40A(9) of the Income Tax Act, 1961.

26

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2006 to 2023.

Also referred to as

CIT v. Bharat Petroleum Corporation Ltd · 252 ITR 43 · Section 40A(9) · staff welfare expenses · sports expenses · deduction allowed · Bombay High Court · Income Tax Act 1961

Judgments citing CIT v. Bharat Petroleum CorporationLtd

DCIT, Circle - 4, Kolkata vs. M/S. Tata Tea Ltd., Kolkata

In the result, the appeal of the revenue in ITA No

ITA 2105/KOL/2010[2004-05]Status: DisposedITAT Kolkata03 Feb 2017AY 2004-05

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am]

For Appellant: S/Shri Manish Sheth & Prasun Kr. Maity, ARsFor Respondent: N o n e
Section 143(3)

…t was held as below:- “15. At the time of hearing before us, the Ld. Counsel for the assessee submitted that the issue is covered in favour of the assessee by the decision of the Hon’ble Bombay High Court in the case of CIT vs Bharat Petroleum CorporationLtd 252 ITR 43 (Bom) wherein it has been held that 40A(9) of the Act is not applicable in case the assessee has reimbursed expenses to the club formed for the benefit of the employees. He also placed reliance on the decision of this Tribunal in the case of DCIT vs Chloride Industries Ltd reported in 76 ITD 1 (Kol). 16. On the other hand , the Ld DR relied on the…

ACIT 3(2), Mumbai vs. Mangalore Refinery & Petrochemicals Ltd, Mumbai

In the result, the Cross objection filed by the assessee is allowed, as above

ITA 6835/MUM/2008[2004-2005]Status: DisposedITAT Mumbai23 Nov 2016AY 2004-2005

Bench: Shri G.S. Pannu & Shri Amit Shukla: (A.Y : 2004-05)

For Appellant: Shri S.E. Dastor & Shri Niraj ShethFor Respondent: Shri G.M. Doss
Section 115JSection 143(3)Section 40A(9)Section 43B

…y for the welfare of its employees and same is deductible u/s 37(1) of the Act. At the time of hearing, the learned representative for the assessee had also relied upon the judgment of Hon'ble Bombay High Court in the case of Bharat Petroleum Corporation Ltd, 252 ITR 43 (Bom), which also clearly supports the proposition that such like expenses which are incurred not for ‘setting-up’ or for ‘formation’ of or as ‘contribution’ to any trust, etc. 11 M/s.Mangalore Refinery & Petrochemicals Ltd. ITA No.6835/Mum/2008 & CO No.105/Mum/2009 are not covered within the scope of Sec. 40A(9) of the Act. Therefore, under th…

Maruti Suzuki India Ltd., New Delhi vs. Addl. CIT, New Delhi

Appeal is allowed

ITA 5720/DEL/2011[2007-08]Status: DisposedITAT Delhi12 Jul 2016AY 2007-08

Bench: Shri I.C. Sudhir & Shri L.P. Sahu Assessment Year: 2007-08 Assessment Year: 2007-08 Maruti Suzuki India Ltd., Vs. Additional Cit, Plot No.1, Nelson Mandela Road, Range-6, Vasant Road, New Delhi. New Delhi. (Pan: Aaacm0829Q) (Appellant) (Respondent) Assessee By: S/Shri Ajay Vohra, Sr. Adv. Neeraj Jain, Rohit Jain, Adv. Romit Katyal & Ms. Tejasvi Jain, Cas Department By:Shri Amrendra Kumar, Cit(Dr)

For Appellant: S/Shri Ajay Vohra, Sr. Adv. NeerajFor Respondent: Shri Amrendra Kumar, CIT(DR)

…owable as deduction to the assessee under sec. 43B of the Act. He placed reliance on the following decisions:  Berger Paints India Ltd. v. CIT : (2004) 266 ITR 99 (SC) Lakhanpal National Ltd. v. ITO : 162 ITR 240 (Guj)   Bharat Petroleum Corporation Ltd. : 252 ITR 43 (Bom) Chemicals and Plastics India Ltd. v. CIT : 260 ITR 193 (Mad)  Indian Communication Network (P) Ltd. v. Inspecting ACIT : 206 ITR S-96 / 49  ITD 56 (ITAT – SB) CIT v. C.L. Gupta : 259 ITR513 (All.)  CIT v. Raj and Sans Deep Ltd: 293 ITR 12 (P&H)  DCIT v. Glaxo SmithKline Consumer Healthcare Ltd: 107 ITD 343  (SB) (Chd.) 8. The item-wise…

Addl CIT RG 3(1), Mumbai vs. Export Credit Guarantee Corporation of India Ltd, Mumbai

In the result, revenue’s appeal is partly allowed for statistical purposes whereas the CO of the assessee stands allowed

ITA 1971/MUM/2011[2007-08]Status: DisposedITAT Mumbai11 Dec 2015AY 2007-08

Bench: Shri Amit Shukla & Shri Ashwani Taneja

For Respondent: Shri S Venkatraman
Section 143(3)Section 40A(9)Section 44

…re of reimbursement then same should be allowed following 8 Export Credit Guarantee Corporation of India Ltd ITA No.1971/ Mum/2011 CO No. 210/Mum/2013 the decision of Hon’ble High Court in the case of CIT vs Bharat Petroleum Corporation of India, reported in 252 ITR 43. He further informed that, the AO after examining the facts has deleted the addition vide his order dated 24th December, 2012. 15. Accordingly, in view of the aforesaid contention which has not been disputed by the Ld. DR, we also direct the AO to decide the issue in the light of the directions given by the Tribunal in the AY 2006-07. Accordingly,…

The ADIT (I.T)3(1) vs. M/S. Honkong & Shanghani Banking Corpn. Ltd

In the result, ITA Nos.2519 and 2520/Mum/2004 by revenue stand dismissed, ITA No

ITA 2519/MUM/2004[1999-2000]Status: DisposedITAT Mumbai20 Nov 2015AY 1999-2000

Bench: S/Shri B.R.Baskaran, Am & Pawan Singh, Jm आयकर अपील सं./I.T.A. No.2519 & 2520/Mum/2004 ("नधा"रण वष" / Assessment Year:1999-2000 & 2000-01) M/S Hongkong & Shanghani Asstt.Direrctor Of Income Tax बनाम/ Banking Corporation Ltd., (International Taxation)-3(1), Vs. 52/60, M G Road, 136, Scindia House, Mumbai-400001 N M Marg, Ballard Estate, Mumbai-400038 .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

Section 143(3)

…Middle East in ITA No.2501/Mum/1999(AY- 1992-93) order dated 28.6.2005, para 15 and 16 and in ITA No.751/Mum/98 (AY- 1994-95) para 68 and 69 of the order he also placed reliance on the following case laws: a) CIT V/s Bharat Petroleum Corporation Ltd (Bom HC) 252 ITR 43; b) CIT V/s Hind Lamps Limited (Allahabad High Court) 130 Taxman 586; 9 and other six appeals d) Associated Cement Co.Ltd repoted in 49 TTJ 623 (Bom-ITAT); e) Chloride Industries Ltd (79 ITD 1)(Cal ITAT). He submitted that the issue raised by the revenue now stands covered in favor of the assessee. Therefore, the issue raised by the revenue be di…

Sandvik Asia Ltd vs. Commnr.of Income Tax-I, Pune

In the result, the appeals stand allowed

C.A. No.-001337-001340 - 2005Supreme Court27 Jan 2006
For Respondent: Commissioner of Income Tax-I, Pune & Ors
Section 214Section 264

…thus has been accepted by the Department. The interpretation placed on section 43B in Lakhanpal National Ltd.’s case [1986] 162 ITR 240 (Guj) was directly followed by the judgment of the Bombay High Court in CIT v. Bharat Petroleum Corporation Ltd. [2001] 252 ITR 43 and by the Madras High Court in Chemicals and Plastics India Ltd. v. CIT [2003] 260 ITR 193. These two judgments also appear to have been accepted by the Revenue and have not been challenged before this court at all. This fact asserted before us by the petitioner-assessee has not been disputed in the counter affidavit of the Department. In v…