CIT v. D.C. Mills (P.) Ltd.

387 ITR 64Reported decision2016#13077 most cited
8

judgments rely on this decision, according to BharatTax’s citation analysis of 348,631 Indian tax judgments — from 2017 to 2025.

Also reported as

79 Taxmann.com 340

Sections most often in play

Section 115JBSection 143(3)Section 144BSection 144C(3)Section 201(1A)Section 234CSection 32(1)(ii)Section 37(1)

Issues it is cited on

section 144b(1)section 92f(ii)profit split methodsection 54esection 80ia(8)section 115jcsection 92bacost plus methodsection 54ecfunctional analysisminimum alternate taxsection 40(a)(ii)

Judgments citing CIT v. D.C. Mills (P.) Ltd.

Shree Cement Limited, Bangur Nagar vs. ACIT, Central Circle, Ajmer

In the result, the appeal of the assessee - appellant in ITA No

ITA 1517/JPR/2024[2019-2020]Status: DisposedITAT Jaipur24 Jun 2025AY 2019-2020

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Shri Dilip B. Desai, FCAFor Respondent: Shri Arvind Kumar, CIT-DR
Section 115JSection 143(1)Section 254Section 36(1)(va)Section 80Section 801A

…td. [2016] 74 taxmann.com 163 held that deduction u/s.80HHC can be allowed while computing book profit u/s.115JA even though assessee had no taxable income under normal provisions of Act. Similarly, Kerala High Court in case CIT v. D.C. Mills (P.) Ltd. [2016] 387 ITR 64/[2017] 79 taxmann.com 340 held that where two views are possible and AO has taken one plausible view, such order of the AO cannot be branded as prejudicial to the interest of Revenue. In this case, assessee was entitled for deduction of profit on export business. AO allowed setting off loss 179 Shree Cement Limited vs. ACIT incurred in one unit…

Shree Cement Limited, Beawar vs. National Faceless Assessment Centre, Delhi

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

ITA 500/JPR/2023[215-16]Status: DisposedITAT Jaipur21 Feb 2024

Bench: or at the time of hearing of this appeal.

For Appellant: Sh. Dilip B Desai(C.A.)For Respondent: Sh. Alka Gautam (CIT) (V.H) &
Section 115JSection 143Section 143(3)Section 144BSection 144B(1)(xvi)Section 80Section 80I

…td. [2016] 74 taxmann.com 163 held that deduction u/s.80HHC can be allowed while computing book profit u/s.115JA even though assessee had no taxable income under normal provisions of Act. Similarly, Kerala High Court in case CIT v. D.C. Mills (P.) Ltd. [2016] 387 ITR 64/[2017] 79 taxmann.com 340 held that where two views are possible and AO has taken one plausible ACIT vs. Shree Cement Ltd. view, such order of the AO cannot be branded as prejudicial to the interest of Revenue. In this case, assessee was entitled for deduction of profit on export business. AO allowed setting off loss incurred in one unit against…

Shree Cement Limited, Beawar vs. National Faceless Assessment Centre, Deputy Commissioner of Income Tax, Circle -2, Ajmer

ITA 498/JPR/2023[2018-19]Status: DisposedITAT Jaipur21 Feb 2024AY 2018-19
For Appellant: Sh. Dilip B Desai(C.A.)For Respondent: Sh. Alka Gautam (CIT) (V.H) &
Section 115JSection 143Section 143(3)Section 144B(1)(xvi)Section 80Section 80I

…[2016] 74 taxmann.com 163 held that deduction u/s.80HHC can be allowed while computing book profit u/s.115JA even though assessee had no taxable income under normal provisions of Act. Similarly, Kerala High Court in case CIT v. D.C. Mills (P.) Ltd. [2016] 387 ITR 64/[2017] 79 taxmann.com 340 held that where two views are possible and AO has taken one plausible vie…

Shree Cement Limited, Beawar vs. National Faceless Assessment Centre, Deputy Commissionerof Income Tax, Circle -2, Ajmer

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

ITA 496/JPR/2023[2016-17]Status: DisposedITAT Jaipur21 Feb 2024AY 2016-17

Bench: or at the time of hearing of this appeal.

For Appellant: Sh. Dilip B Desai(C.A.)For Respondent: Sh. Alka Gautam (CIT) (V.H) &
Section 115JSection 143Section 143(3)Section 144BSection 144B(1)(xvi)Section 80Section 80I

…td. [2016] 74 taxmann.com 163 held that deduction u/s.80HHC can be allowed while computing book profit u/s.115JA even though assessee had no taxable income under normal provisions of Act. Similarly, Kerala High Court in case CIT v. D.C. Mills (P.) Ltd. [2016] 387 ITR 64/[2017] 79 taxmann.com 340 held that where two views are possible and AO has taken one plausible ACIT vs. Shree Cement Ltd. view, such order of the AO cannot be branded as prejudicial to the interest of Revenue. In this case, assessee was entitled for deduction of profit on export business. AO allowed setting off loss incurred in one unit against…

M/S.Acumen Capital Market India Ltd, Ernakulam vs. The ITO, Kochi

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

ITA 37/COCH/2018[2013-14]Status: DisposedITAT Cochin24 Sept 2018AY 2013-14

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. No. 37/Coch/2018 Assessment Year : 2013-14 M/S. Acumen Capital Market Vs. The Income Tax Officer, Corporate India Ltd., Ward-1(1), Kochi. S.T. Reddiar & Sons Bldg., 3Rd Floor, Veekshanam Road, Ernakulam, Kochi-682 035. [Pan: Aabcp 6449] (Assessee-Appellant) (Revenue-Respondent) Assessee By Shri P.M. Veeramani, Ca Revenue By Shri Shantham Bose, Cit(Dr) Date Of Hearing 17/09/2018 Date Of Pronouncement 24/09/2018 O R D E R

Section 115JSection 143(3)Section 14ASection 263

…possible the department ought not to exercise the powers under Section 263 of the Act as the view taken is not prejudicial to the interest of revenue. The assessee relied upon the judgment of the High Court of Kerala in the case of CIT vs. D.C. Mills Pvt Ltd (387 ITR 64). 6. The Ld. DR relied on the order of the CIT. 7. After hearing both the parties, we find that the above issue relating to disallowance made u/s. 14A r.w.r. 8D came up for consideration of this Tribunal in assessee’s own case in ITA No. 555/Coch/2015 for the assessment year 2012- 13 vide order dated 24/03/2017 in para 6.4 wherein it was held as…

M/S.Oberon Edifices & Estates P. Ltd, Kochi vs. The Pr.CIT, Trivandrum

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

ITA 361/COCH/2017[2013-14]Status: DisposedITAT Cochin23 Jul 2018AY 2013-14

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. No. 361/Coch/2017 Assessment Year : 2013-14 M/S. Oberon Edifices & Estates Vs. The Principal Commissioner Of Pvt. Ltd., Oberon Mall, Income-Tax, Trivandrum. Nh Bye-Pass, Edapally, Kochi-682 024. [Pan:Aaaco 7942E]

Section 263

…1 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI CHANDRA POOJARI, AM & GEORGE GEORGE K., JM I.T.A. No. 361/Coch/2017 Assessment Year : 2013-14 M/s. Oberon Edifices and Estates Vs. The Principal Commissioner of Pvt. Ltd., Oberon Mall, Income-tax, Trivandrum. NH Bye-pass, Edapally, Kochi-682 024. [PAN:AAACO 7942E] (Assessee-Appellant) (Revenue-Respondent) Assessee by Shri Sherry Samuel Oommen, Adv. Revenue by Shri A. Dhanaraj, Sr. DR Date of hearing 19/06/2018 Date of pronouncement 23/07/2018 O R D E R Per CHANDRA POOJARI, ACCOUNTANT MEMBER: This appeal filed by the assessee…

Neha Home Builders Pvt. Ltd., Mumbai vs. CIT - 13, Mumbai

In the result, appeal of the assessee is allowed

ITA 2964/MUM/2016[2011-12]Status: DisposedITAT Mumbai22 Jan 2018AY 2011-12

Bench: Shri R.C.Sharma, Am & Shri Sandeep Gosain, Jm M/S. Neha Home Builders Pvt. Vs. Cit-13, Mumbai Ltd., 801, Hubtown Solaris, N.S.Phadke Marg Off. Teli Galli, Near Andheri Flyover Andheri (E) Mumbai – 400 069 Pan/Gir No. Aaccn7092E Appellant) .. Respondent)

Section 115JSection 263Section 80Section 80I

…163 held that deduction u/s.80HHC 7 M/s. Neha Home Builders Pvt. Ltd., can be allowed while computing book profit u/s.115JA even though assessee had no taxable income under normal provisions of Act. Similarly, Kerala High Court in case D.C. Mills Pvt. Ltd., 387 ITR 64 held that where two views are possible and AO has taken one plausible view, such order of the AO cannot be branded as prejudicial to the interest of Revenue. In this case, assessee was entitled for deduction of profit on export business. AO allowed setting off loss incurred in one unit against profit of other two units which were as per the judici…

M/S.Santhwanan, Trichur vs. The ITO, Cochin

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

ITA 199/COCH/2017[2012-13]Status: DisposedITAT Cochin29 Aug 2017AY 2012-13

Bench: S/Shri George George K., Jm & Manjunatha G. Am

Section 11Section 11(1)Section 11(2)Section 12ASection 143(2)Section 143(3)Section 263

…the CIT(E). “1. The AO has taken one view which is sustainable in law and hence jurisdiction to initiate 263 proceedings is not available in view of the decision in Malabar Industrial Co. Ltd. v. CDIT (2000) 243 ITR 83 (SC) and CIT Vs D.C.Mills Pvt. Limited (387 ITR 64) (Ker). 2. In similar situations and contributions have been treated as corpus donations in the Cases of DIT(Exemptions) Vs Sri Ramakrishna Seva Ashrama (357 ITR 731) (Kar) Society of Anesthesiologist Vs. Income Tax Officer 32 ITR (Trib) 152 and DIT(Exemtpion), Ahmedabad Vs. N.H. Kapadia Educational Trust 136 ITD 111(Ahad). 3 3. The assessee doe…

CIT v. D.C. Mills (P.) Ltd. (387 ITR 64) — Cited in 8 Judgments | BharatTax