CIT v. Dempo and Co. Pvt Ltd.

DY CIT 11 (3)(1), MUMBAI vs. TOTAL OIL INDIA PVT LTD., MUMBAI

In the result, the appeal of the revenue is dismissed and the Cross

Bench: Shri Vikas Awasthy&F Shri Amarjit Singhdy. Commissioner Of Vs. Total Oil India Pvt. Ltd. Income Tax-11(3)(1) 3Rd Floor, The Leela Room No. 204, Aayakar Galleria, Bhavan, M.K.Road, Andheri (E) Marine Lines Mumbai 400 059 Mumbai – 400 020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaace2175M Appellant .. Respondent

…n the basis of decision of Bombay High Court in the case of Orient (Goa) (P) ltd., [20091 185 TaX 111311 131 Bombay. But the situation has been changed now specifically in view of the decision of Bombay High Court in the case of CIT Vs. Dempo and Co. P. Ltd. (381 ITR 303). The relevant finding has been given in para no. 46 to 54 which is hereby reproduced as under.: - “46. A bare perusal thereof would indicate as to how this provision covers the case of an assessee who is a non-resident and engaged in the business of operation of ships. That stipulates a sum equal to 7½% of the aggregate of the amount specified i…

DCIT, CIRCLE-3(3)(1), MUMBAI vs. M/S. TOTAL ENERGIES MARKETING INDIA P LTD (FORMERLY KNOWN AS M/S. TOTAL OIL INDIA P LTD, MUMBAI

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

…with respect to reimbursement of demurrage charges in ITA No.4135/MUM/2016. While deciding the issue being ground No.2.1, at paragraphs 7 to 9 of the appeal, following the decision of the Hon'ble Bombay High Court in the case of CIT vs. Dempo and Co. P. Ltd., 381 ITR 303. Further, for subsequent years also, the Coordinate Bench has followed this decision. The Learned DR could not show us any reason as to why the above decision should not be followed. Accordingly, respectfully following the decision of the Coordinate Bench in the assessee’s own case, we confirm the order of the Learned CIT-A in deleting the disall…

DCIT, CIRCLE-3(3)(1), MUMBAI vs. M/S. TOTAL ENERGIES MARKETING INDIA P LTD. (FORMERLY KNOWN AS M/S. TOTAL OIL INDIA P LTD.), MUMBAI

Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm

…with respect to reimbursement of demurrage charges in ITA No.4135/MUM/2016. While deciding the issue being ground No.2.1, at paragraphs 7 to 9 of the appeal, following the decision of the Hon'ble Bombay High Court in the case of CIT vs. Dempo and Co. P. Ltd., 381 ITR 303. Further, for subsequent years also, the Coordinate Bench has followed this decision. The Learned DR could not show us any reason as to why the above decision should not be followed. Accordingly, respectfully following the decision of the Coordinate Bench in the assessee’s own case, we confirm the order of the Learned CIT-A in deleting the disall…

DCIT- 11 (3)(1), MUMBAI vs. TOTAL OIL INDIA PVT. LTD., MUMBAI

In the result, appeal of the assessee is partly allowed as indicated above and appeal of the revenue is dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Total Oil India Pvt. Ltd., V. Asst. Commissioner Of Income-Tax 3Rd Floor, The Leela Galleria Circle – 11(3)(1) Andheri Kurla Road, Andheri (E) Aayakar Bhavan, M.K. Road Mumbai – 400 059 Mumbai – 400 020 Pan: Aaace2175M (Appellant) (Respondent) Dy. Commissioner Of Income-Tax V. M/S. Total Oil India Pvt. Ltd., 3Rd Floor, The Leela Galleria Circle – 11(3)(1) Room No. 204, 2Nd Floor Andheri Kurla Road, Andheri (E) Mumbai – 400 059 Aayakar Bhavan, M.K. Road Mumbai – 400 020 Pan: Aaace2175M (Appellant) (Respondent)

…e Act in respect of reimbursement 4 ITA No. 245 & 361/MUM/2019 (A.Y. 2015-16) M/s. Total Oil India Pvt. Ltd., of demurrage expenses claimed by the assessee following the decision of the Hon'ble Bombay High Court in the case of CIT v. Dempo and Co. Pvt Ltd., [381 ITR 303]. 6. Ld. DR vehemently supported the orders of the authorities below. 7. We have heard the rival submissions, perused the orders of the authorities below and the order of the Tribunal in assessee's own case for the A.Y. 2010-11. On a perusal of the order of the Tribunal we find that this issue has been decided in favour of the assessee by the C…

TOTAL OIL INDIA P. LTD,MUMBAI vs. ACIT CIR 11(3)(1), MUMBAI

In the result, appeal of the assessee is partly allowed as indicated above and appeal of the revenue is dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Total Oil India Pvt. Ltd., V. Asst. Commissioner Of Income-Tax 3Rd Floor, The Leela Galleria Circle – 11(3)(1) Andheri Kurla Road, Andheri (E) Aayakar Bhavan, M.K. Road Mumbai – 400 059 Mumbai – 400 020 Pan: Aaace2175M (Appellant) (Respondent) Dy. Commissioner Of Income-Tax V. M/S. Total Oil India Pvt. Ltd., 3Rd Floor, The Leela Galleria Circle – 11(3)(1) Room No. 204, 2Nd Floor Andheri Kurla Road, Andheri (E) Mumbai – 400 059 Aayakar Bhavan, M.K. Road Mumbai – 400 020 Pan: Aaace2175M (Appellant) (Respondent)

…e Act in respect of reimbursement 4 ITA No. 245 & 361/MUM/2019 (A.Y. 2015-16) M/s. Total Oil India Pvt. Ltd., of demurrage expenses claimed by the assessee following the decision of the Hon'ble Bombay High Court in the case of CIT v. Dempo and Co. Pvt Ltd., [381 ITR 303]. 6. Ld. DR vehemently supported the orders of the authorities below. 7. We have heard the rival submissions, perused the orders of the authorities below and the order of the Tribunal in assessee's own case for the A.Y. 2010-11. On a perusal of the order of the Tribunal we find that this issue has been decided in favour of the assessee by the C…

ACIT CIR 11(3)(1), MUMBAI vs. TOTAL OIL INDIA P. LTD, MUMBAI

In the result, appeals of the assessee are partly allowed as indicated above and appeals of the revenue are dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Ble

…eted the disallowance made u/s.40(a)(i) of the Act in respect of reimbursement of demurrage expenses M/s. Total Oil India Pvt. Ltd., claimed by the assessee following the decision of the Hon'ble Bombay High Court in the case of CIT v. Dempo and Co. Pvt Ltd., [381 ITR 303]. 6. Ld. DR vehemently supported the orders of the authorities below. 7. We have heard the rival submissions, perused the orders of the authorities below and the order of the Tribunal in assessee's own case for the A.Y. 2010-11. On a perusal of the order of the Tribunal we find that this issue has been decided in favour of the assessee by the C…

ASST CIT RANGE 11(3)(1), MUMBAI vs. TOTAL OIL INDIA P.LTD, MUMBAI

In the result, appeals of the assessee are partly allowed as indicated above and appeals of the revenue are dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Ble

…eted the disallowance made u/s.40(a)(i) of the Act in respect of reimbursement of demurrage expenses M/s. Total Oil India Pvt. Ltd., claimed by the assessee following the decision of the Hon'ble Bombay High Court in the case of CIT v. Dempo and Co. Pvt Ltd., [381 ITR 303]. 6. Ld. DR vehemently supported the orders of the authorities below. 7. We have heard the rival submissions, perused the orders of the authorities below and the order of the Tribunal in assessee's own case for the A.Y. 2010-11. On a perusal of the order of the Tribunal we find that this issue has been decided in favour of the assessee by the C…

TOTAL OIL INDIA P. LTD,MUMBAI vs. ACIT CIR 11(3)(1), MUMBAI

In the result, appeals of the assessee are partly allowed as indicated above and appeals of the revenue are dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Ble

…eted the disallowance made u/s.40(a)(i) of the Act in respect of reimbursement of demurrage expenses M/s. Total Oil India Pvt. Ltd., claimed by the assessee following the decision of the Hon'ble Bombay High Court in the case of CIT v. Dempo and Co. Pvt Ltd., [381 ITR 303]. 6. Ld. DR vehemently supported the orders of the authorities below. 7. We have heard the rival submissions, perused the orders of the authorities below and the order of the Tribunal in assessee's own case for the A.Y. 2010-11. On a perusal of the order of the Tribunal we find that this issue has been decided in favour of the assessee by the C…

TOTAL OIL INDIA P. LTD,MUMBAI vs. ACIT CIR 11(3)(1), MUMBAI

In the result, appeals of the assessee are partly allowed as indicated above and appeals of the revenue are dismissed

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Ble

…eted the disallowance made u/s.40(a)(i) of the Act in respect of reimbursement of demurrage expenses M/s. Total Oil India Pvt. Ltd., claimed by the assessee following the decision of the Hon'ble Bombay High Court in the case of CIT v. Dempo and Co. Pvt Ltd., [381 ITR 303]. 6. Ld. DR vehemently supported the orders of the authorities below. 7. We have heard the rival submissions, perused the orders of the authorities below and the order of the Tribunal in assessee's own case for the A.Y. 2010-11. On a perusal of the order of the Tribunal we find that this issue has been decided in favour of the assessee by the C…

ACIT 11(3)(1), MUMBAI vs. TOTAL OIL INDIA P.LTD, MUMBAI

Bench: Shri G. S. Pannu, Vp & Shri Amarjit Singh, Jm

…e that the assessee company nowhere indulge in any service element and the said amount was purely reimbursement and the said issue has been covered in the assessee’s favour by the decision of the Bombay High Court in the case of CIT Vs. Dempo and Co. P. Ltd. (381 ITR 303) and also by the decision of the Hon’ble ITAT Mumbai Bench in the case of Kuloday Technopack (P) Ltd. Vs. ITO (86 Taxmann.com 74). Therefore, the claim of the Assessee is liable to be allowed. On the other hand, the Ld. Representative of the revenue has refuted the said contention. Before going further, we deem it necessary to advert the finding…

TOTAL OIL INDIA P.LTD,MUMBAI vs. ADDL CIT RG 8(3), MUMBAI

Bench: Shri G. S. Pannu, Vp & Shri Amarjit Singh, Jm

…e that the assessee company nowhere indulge in any service element and the said amount was purely reimbursement and the said issue has been covered in the assessee’s favour by the decision of the Bombay High Court in the case of CIT Vs. Dempo and Co. P. Ltd. (381 ITR 303) and also by the decision of the Hon’ble ITAT Mumbai Bench in the case of Kuloday Technopack (P) Ltd. Vs. ITO (86 Taxmann.com 74). Therefore, the claim of the Assessee is liable to be allowed. On the other hand, the Ld. Representative of the revenue has refuted the said contention. Before going further, we deem it necessary to advert the finding…

ACIT 17(1), MUMBAI vs. ELVE CORPORATION, MUMBAI

Bench: Shri Joginder Singh & Shri Ramit Kochar

…g hearing, the ld. Counsel for the assessee, Shri Ruturaj H. Gurjar, claimed that this issue is covered in favour of the assessee by the decision of the Hon'ble jurisdictional High Court in the case of CIT vs V.S. Dempo & Co. Ltd., Sesa Goa Ltd. vs CIT (2016) 381 ITR 303 (Bom.)(FB), order dated 05/02/2016. On the other hand, the Ld. DR, Shri Rajat Mittal, contended that this issue is covered against the assessee by the decision of the Tribunal for Assessment Year 2008-09 and 2009-10 (ITA No.4108, 6279 and 6229/Mum/2012), order dated 20/11/2015. 2.1. We have considered the rival submissions and perused the materia…

ACIT 17(1), MUMBAI vs. ELVE CORPORATION, MUMBAI

Bench: Shri Joginder Singh & Shri Ramit Kochar

…g hearing, the ld. Counsel for the assessee, Shri Ruturaj H. Gurjar, claimed that this issue is covered in favour of the assessee by the decision of the Hon'ble jurisdictional High Court in the case of CIT vs V.S. Dempo & Co. Ltd., Sesa Goa Ltd. vs CIT (2016) 381 ITR 303 (Bom.)(FB), order dated 05/02/2016. On the other hand, the Ld. DR, Shri Rajat Mittal, contended that this issue is covered against the assessee by the decision of the Tribunal for Assessment Year 2008-09 and 2009-10 (ITA No.4108, 6279 and 6229/Mum/2012), order dated 20/11/2015. 2.1. We have considered the rival submissions and perused the materia…

FAMILY PLASTICS AND THERMOWARE,MUMBAI vs. D.C.I.T. 20(3), MUMBAI

The appeal of the assessee is treated as allowed for statistical purposes

Bench: Shri G.S. Pannu & Shri Sanjay Gargassessment Year: 2007-08 M/S. Family Plastics & Dy. Commissioner Of Income Thermoware, Tax – 20(3), 4 Radha Apartments, Mumbai Vs. Telli Galli, Andheri (E), Mumbai – 400 069 Pan: Aaaff4968L (Appellant) (Respondent) Present For: Assessee By : Shri K. Gopal, A.R. Revenue By : Shri Senthil Kumaran, D.R. Date Of Hearing : 06.06.2016 Date Of Pronouncement : 15.06.2016 O R D E R

…same issue. 5. At the outset, the Ld. A.R. of the assessee has brought our attention to the Full Bench decision of the Hon’ble Jurisdictional Bombay High Court in the cases of “CIT vs. V.S. Dempo and Co. P. Ltd.” and Sesa Goa Ltd. vs. CIT” reported in (2016) 381 ITR 303 (Bom) (FB) vide which the Hon’ble Bombay High Court has overruled the proposition of law laid down in the case of “CIT vs. Orient (Goa) Pvt. Ltd.” (supra). The Full Bench of the Hon’ble Bombay High Court in the case of “CIT vs. V.S. Dempo and Co. P. Ltd.” (supra) has held that there are special provisions for computing profits and gains for shipp…