CIT v. Dharam Pal Prem Chand Ltd.

317 ITR 353High Court2009#2049 most cited

What is CIT v. Dharam Pal Prem Chand Ltd. authority for?

Refunds of excise duty are considered profits and gains derived from an industrial undertaking and are eligible for deduction under Section 80-IB of the Income Tax Act.

56

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2012 to 2025.

Also referred to as

CIT v. Dharam Pal Prem Chand Ltd · section 80-IB · excise duty refund · profits and gains from industrial undertaking · deduction under section 80-IB

Also reported as

167 Taxmann 168

Sections most often in play

Section 132(4)Section 143(3)Section 143(2)Section 153ASection 153CSection 127Section 131Section 132(4A)
Read the full judgment

Issues it is cited on

section 36(i)(va)true and full disclosuresection 153(a)retraction of statementcorporate guaranteestatement under section 132(4)retracted statementwritten down valueput to usesection 132(4a)dividend distribution taxsection 34

Judgments citing CIT v. Dharam Pal Prem Chand Ltd.

Joint Commissioner of Income Tax (OSD), Central Circle-20, Delhi vs. M B Power (Madhya Pradesh) Ltd., Delhi

In the result, appeal of the Revenue is dismissed

ITA 267/DEL/2024[2021-22]Status: DisposedITAT Delhi19 Dec 2025AY 2021-22

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2018-19] M.B.Power (Madhya Pradesh) Vs Dcit, Ltd., 239, Okhla Industrial Central Circle-2, Estate, Nehru Place, Gurgaon Delhi -110019. Pan-Aafcm6698A Appellant Respondent

Section 132(4)Section 143(2)Section 153CSection 250

…ating Authority though the statements of those witnesses were made the basis of the impugned order is a serious flaw which makes the order nullity…………….” Reliance is also placed on CIT v. Dharam Pal Prem Chand Ltd. 295 ITR 105 (Del), CIT v. S. C. Sethi [2007] 295 ITR 351 (Raj), CIT v. Eastern Commercial Ent (1994) 210 ITR 103 (Cal). VII. Mr. Lodha has retracted his statement recorded u/s 132(4) Invariably, statements u/s 132(4) are recorded multiples times, under great mental pressure and stress and most of times, the person whose statement is recorded do not have the relevant details, documents etc. In the absen…

Mb Power (Madhya Pradesh) Limited, Delhi vs. DCIT, Central Circle-20, Delhi

In the result, appeal of the Revenue is dismissed

ITA 211/DEL/2024[2021-22]Status: DisposedITAT Delhi19 Dec 2025AY 2021-22

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2018-19] M.B.Power (Madhya Pradesh) Vs Dcit, Ltd., 239, Okhla Industrial Central Circle-2, Estate, Nehru Place, Gurgaon Delhi -110019. Pan-Aafcm6698A Appellant Respondent

Section 132(4)Section 143(2)Section 153CSection 250

…ating Authority though the statements of those witnesses were made the basis of the impugned order is a serious flaw which makes the order nullity…………….” Reliance is also placed on CIT v. Dharam Pal Prem Chand Ltd. 295 ITR 105 (Del), CIT v. S. C. Sethi [2007] 295 ITR 351 (Raj), CIT v. Eastern Commercial Ent (1994) 210 ITR 103 (Cal). VII. Mr. Lodha has retracted his statement recorded u/s 132(4) Invariably, statements u/s 132(4) are recorded multiples times, under great mental pressure and stress and most of times, the person whose statement is recorded do not have the relevant details, documents etc. In the absen…

Deputy Commissioner of Income Tax, Central Circle-20, Delhi vs. Mb Power (Madhya Pradesh) Limited, Delhi

In the result, appeal of the Revenue is dismissed

ITA 3923/DEL/2023[2018-19]Status: DisposedITAT Delhi19 Dec 2025AY 2018-19

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2018-19] M.B.Power (Madhya Pradesh) Vs Dcit, Ltd., 239, Okhla Industrial Central Circle-2, Estate, Nehru Place, Gurgaon Delhi -110019. Pan-Aafcm6698A Appellant Respondent

Section 132(4)Section 143(2)Section 153CSection 250

…ating Authority though the statements of those witnesses were made the basis of the impugned order is a serious flaw which makes the order nullity…………….” Reliance is also placed on CIT v. Dharam Pal Prem Chand Ltd. 295 ITR 105 (Del), CIT v. S. C. Sethi [2007] 295 ITR 351 (Raj), CIT v. Eastern Commercial Ent (1994) 210 ITR 103 (Cal). VII. Mr. Lodha has retracted his statement recorded u/s 132(4) Invariably, statements u/s 132(4) are recorded multiples times, under great mental pressure and stress and most of times, the person whose statement is recorded do not have the relevant details, documents etc. In the absen…

Deputy Commissioner of Income Tax, Central Circle-20, Delhi vs. M. B. Power (Madhaya Pradesh) Ltd, Delhi

In the result, appeal of the Revenue is dismissed

ITA 3874/DEL/2023[2016-17]Status: DisposedITAT Delhi19 Dec 2025AY 2016-17

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2018-19] M.B.Power (Madhya Pradesh) Vs Dcit, Ltd., 239, Okhla Industrial Central Circle-2, Estate, Nehru Place, Gurgaon Delhi -110019. Pan-Aafcm6698A Appellant Respondent

Section 132(4)Section 143(2)Section 153CSection 250

…ating Authority though the statements of those witnesses were made the basis of the impugned order is a serious flaw which makes the order nullity…………….” Reliance is also placed on CIT v. Dharam Pal Prem Chand Ltd. 295 ITR 105 (Del), CIT v. S. C. Sethi [2007] 295 ITR 351 (Raj), CIT v. Eastern Commercial Ent (1994) 210 ITR 103 (Cal). VII. Mr. Lodha has retracted his statement recorded u/s 132(4) Invariably, statements u/s 132(4) are recorded multiples times, under great mental pressure and stress and most of times, the person whose statement is recorded do not have the relevant details, documents etc. In the absen…

Deputy Commissioner of Income Tax, Central Circle - 20, Delhi vs. M.B. Power (Madhaya Pradesh) Ltd, Delhi

In the result, appeal of the Revenue is dismissed

ITA 3870/DEL/2023[2017-18]Status: DisposedITAT Delhi19 Dec 2025AY 2017-18

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2018-19] M.B.Power (Madhya Pradesh) Vs Dcit, Ltd., 239, Okhla Industrial Central Circle-2, Estate, Nehru Place, Gurgaon Delhi -110019. Pan-Aafcm6698A Appellant Respondent

Section 132(4)Section 143(2)Section 153CSection 250

…ating Authority though the statements of those witnesses were made the basis of the impugned order is a serious flaw which makes the order nullity…………….” Reliance is also placed on CIT v. Dharam Pal Prem Chand Ltd. 295 ITR 105 (Del), CIT v. S. C. Sethi [2007] 295 ITR 351 (Raj), CIT v. Eastern Commercial Ent (1994) 210 ITR 103 (Cal). VII. Mr. Lodha has retracted his statement recorded u/s 132(4) Invariably, statements u/s 132(4) are recorded multiples times, under great mental pressure and stress and most of times, the person whose statement is recorded do not have the relevant details, documents etc. In the absen…

Mb Power (Madhya Pradesh) Limited, South East Delhi vs. DCIT, Central Circle-20, Delhi

In the result, appeal of the Revenue is dismissed

ITA 3850/DEL/2023[2018-19]Status: DisposedITAT Delhi19 Dec 2025AY 2018-19

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2018-19] M.B.Power (Madhya Pradesh) Vs Dcit, Ltd., 239, Okhla Industrial Central Circle-2, Estate, Nehru Place, Gurgaon Delhi -110019. Pan-Aafcm6698A Appellant Respondent

Section 132(4)Section 143(2)Section 153CSection 250

…ating Authority though the statements of those witnesses were made the basis of the impugned order is a serious flaw which makes the order nullity…………….” Reliance is also placed on CIT v. Dharam Pal Prem Chand Ltd. 295 ITR 105 (Del), CIT v. S. C. Sethi [2007] 295 ITR 351 (Raj), CIT v. Eastern Commercial Ent (1994) 210 ITR 103 (Cal). VII. Mr. Lodha has retracted his statement recorded u/s 132(4) Invariably, statements u/s 132(4) are recorded multiples times, under great mental pressure and stress and most of times, the person whose statement is recorded do not have the relevant details, documents etc. In the absen…

Dy. Commissioner of Income Tax, Satara Circle, Satara vs. Kay Bouvet Engineering Limited, Satara

In the result, both the appeals filed by the Revenue and both the COs filed by the assessee are dismissed

ITA 1392/PUN/2025[2019-20]Status: DisposedITAT Pune16 Dec 2025AY 2019-20

Bench: Shri R. K. Panda & Ms. Astha Chandra

For Appellant: Shri Ashwani Kumar &For Respondent: S/Shri Amol Khairnar CIT-DR and Manish M. Mehta
Section 131Section 133ASection 143(1)(a)Section 143(3)Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND Ms. ASTHA CHANDRA, JUDICIAL MEMBER ITA Nos.1374 & 1392/PUN/2025 Assessment years : 2018-19 & 2019-20 DCIT, Satara Kay Bouvet Engineering Limited Vs. N-3, Additional MIDC, Satara – 415004 PAN: AABCK4669H (Appellant) (Respondent) CO Nos.28 & 33/PUN/2025 Assessment Years : 2018-19 & 2019-20 Kay Bouvet Engineering Limited DCIT, Satara N-3, Additional MIDC, Vs. Satara – 415004 PAN: AABCK4669H (Appellant) (Respondent) Assessee by : Shri Ashwani Kumar & Mrs. Deepali Aggarwal Department by : S/Shri Amol Khairnar CIT…

Dy Commissioner of Income Tax, Satara vs. Kay Bouvet Engineering Limited, Satara

ITA 1374/PUN/2025[2018-19]Status: DisposedITAT Pune16 Dec 2025AY 2018-19

Bench: Shri R. K. Panda & Ms. Astha Chandra

For Respondent: Shri Ashwani Kumar &
Section 131Section 133ASection 143(1)(a)Section 143(3)Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND Ms. ASTHA CHANDRA, JUDICIAL MEMBER ITA Nos.1374 & 1392/PUN/2025 Assessment years : 2018-19 & 2019-20 DCIT, Satara Vs. (Appellant) Kay Bouvet Engineering Limited N-3, Additional MIDC, Satara - 415004 PAN: AABCK4669H (Respondent) CO Nos.28 & 33/PUN/2025 Assessment Years : 2018-19 & 2019-20 Kay Bouvet Engineering Limited N-3, Additional MIDC, Satara - 415004 PAN: AABCK4669H (Appellant) Vs. DCIT, Satara (Respondent) Assessee by Department by : Shri Ashwani Kumar & Mrs. Deepali Aggarwal S/Shri Amol Khairnar CIT-DR a…

Deputy Commissioner of Income Tax, CC-2(3), Kolkata, Aayakar Bhawan Poorva vs. Kamlang Saw & Veneer Mills Pvt. Ltd., Assam

In the result, the appeal filed by the revenue is dismissed

ITA 225/KOL/2025[2018-19]Status: DisposedITAT Kolkata17 Jul 2025AY 2018-19

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

Section 142(1)Section 143(1)Section 143(2)Section 80Section 80I

…-IA. 6. We find that for a similar provision of section 80-IB, two decisions have been rendered by two Division Benches of this court in the judgments reported as CIT v. Eltek SGS (P) Ltd. [2008] 300 ITR 6 (Delhi), and CIT v. Dharam Pal Prem Chand Ltd. [2009] 317 ITR 353 (Delhi); [2009] 221 CTR (Del) 133. In the Eltek SGS (P) Ltd. case [2008] 300 ITR 6 (Delhi) duty drawback was held to be profits/gains derived from an industrial undertaking and hence eligible for deductions under section 80-IB. In the case of CIT v. Dharam Pal Prem Chand Ltd. [2009] 317 ITR 353 (Delhi) refund of excise duty was held to be profits…

Deputy Commissioner of Income Tax, Numgambakkam vs. Jagannathan Sekat, Chennai

In the result, appeal filed by the In the result, appeal filed by the Revenue is dismissed

ITA 2220/CHNY/2024[2016-17]Status: DisposedITAT Chennai28 Feb 2025AY 2016-17

Bench: Shri Aby T. Varkey & Shri Jagadish

For Appellant: Mr. R. Venkata Raman, CAFor Respondent: Mr. Nilay Baran Som, CIT
Section 132(4)Section 143(3)Section 153CSection 69

…आयकर अपीलीय अिधकरण, ‘ए’"यायपीठ, चे"ई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH: CHENNAI "ी एबी टी. वक", "ाियक सद" एवं एवं एवं एवं "ी जगदीश, लेखा सद" के सम" BEFORE SHRI ABY T. VARKEY, JUDICIAL MEMBER AND SHRI JAGADISH, ACCOUNTANT MEMBER आयकरअपीलसं./ITA No.2220/Chny/2024 िनधा"रणवष"/Assessment Year: 2016-17 v. The DCIT, Shri Jagannathan Sekat, Central Circle-2(4), No.5 Fifth Street, Chennai. Gopalapuram, Chennai-600 086. [PAN: BCDPS 4688 G] (अपीलाथ"/Appellant) (""यथ"/Respondent) Department by : Mr. Nilay Baran Som, CIT Assessee by : Mr. R. Venkata Raman, CA : सुनवाईक"तारीख/Date of Hearing 03.12.2024 : घोषण…

DCIT, Ghaziabad vs. M/S. Devidayal Aluminium Industries Pvt. Ltd., Ghaziabad

In the result, appeal of the Revenue is dismissed

ITA 3850/DEL/2016[2007-08]Status: DisposedITAT Delhi08 Jan 2025AY 2007-08

Bench: Shri Sudhir Kumar & Shri Manish Agarwal[Assessment Year : 2018-19] M.B.Power (Madhya Pradesh) Vs Dcit, Ltd., 239, Okhla Industrial Central Circle-2, Estate, Nehru Place, Gurgaon Delhi -110019. Pan-Aafcm6698A Appellant Respondent

Section 132(4)Section 143(2)Section 153CSection 250

…ating Authority though the statements of those witnesses were made the basis of the impugned order is a serious flaw which makes the order nullity…………….” Reliance is also placed on CIT v. Dharam Pal Prem Chand Ltd. 295 ITR 105 (Del), CIT v. S. C. Sethi [2007] 295 ITR 351 (Raj), CIT v. Eastern Commercial Ent (1994) 210 ITR 103 (Cal). VII. Mr. Lodha has retracted his statement recorded u/s 132(4) Invariably, statements u/s 132(4) are recorded multiples times, under great mental pressure and stress and most of times, the person whose statement is recorded do not have the relevant details, documents etc. In the absen…

Asst CIT (Ltu) 1, Mumbai vs. Grasim Industries Limited (As A Successor to Aditya Birla Nuvo Ltd, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 1248/MUM/2017[2011-12]Status: DisposedITAT Mumbai28 Dec 2023AY 2011-12

Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am

For Appellant: Shri Yogesh Thar, ARFor Respondent: Ms. A. Alankrutha, Sr. DR
Section 10BSection 115JSection 14ASection 234BSection 271(1)(c)Section 32(1)(iia)Section 37Section 40Section 43BSection 80I

…of a particular business would also have to be included under the head "profits and gains of business or profession", and not under the head "income from other sources" The Hon'ble Delhi High Court in the case of CIT vs. Dharam Pal Prem Chand Ltd reported in 317 ITR 353 had decided that: "The finding of the authorities below was that the refund of excise duty was pivoted on the manufacturing activity carried on by the assessee. Once such a finding of fact had been returned, there was no need to go further and to examine the immediate and proximate source of refund of excise duty. As a matter of fact, in the ques…

Grasim Industries Limited (As A Successor to Aditya Birla Nuvo Ltd), Mumbai vs. Addl CIT Ltu, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 1065/MUM/2017[2011-12]Status: DisposedITAT Mumbai28 Dec 2023AY 2011-12

Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am

For Appellant: Shri Yogesh Thar, ARFor Respondent: Ms. A. Alankrutha, Sr. DR
Section 10BSection 115JSection 14ASection 234BSection 271(1)(c)Section 32(1)(iia)Section 37Section 40Section 43BSection 80I

…of a particular business would also have to be included under the head "profits and gains of business or profession", and not under the head "income from other sources" The Hon'ble Delhi High Court in the case of CIT vs. Dharam Pal Prem Chand Ltd reported in 317 ITR 353 had decided that: "The finding of the authorities below was that the refund of excise duty was pivoted on the manufacturing activity carried on by the assessee. Once such a finding of fact had been returned, there was no need to go further and to examine the immediate and proximate source of refund of excise duty. As a matter of fact, in the ques…

Assistant Commissioner of Income Tax-27 vs. Montage Enterprises Pvt. Ltd

Appeal is disposed of, in the aforesaid terms

ITA-734/2019HC Delhi27 Sept 2023

Bench: This Court. 4. First, The Sustainability Of The Deletion Of Addition Made Under Section 68 Of The Income Tax Act, 1961 [In Short, “Act”] With Regard To The Digitally Signed By:Prem Mohan Choudhary Signing Date:31.10.2023 12:58:51 Signature Not Verified

Section 68Section 80I

…y, being ineligible for deduction under Section 80IB of the Act. 23. Both CIT(A) as well as the Tribunal have taken note of the judgment of a coordinate bench of this court rendered in Commissioner of Income- Tax vs. Dharam Pal Prem Chand Ltd. [2009] 317 ITR 353 (Delhi). 23.1 This judgment was carried in appeal before the Supreme Court. The Supreme Court bench comprising Hon’ble Mr Justice S.H. Kapadia and Hon’ble Mr Justice Swatanter Kumar [as they then were] dismissed the SLP i.e., Special Leave to Appeal (Civil) No.24055/2009 via the order dated 22.02.2010. 23.2 Noticeably, the judgment o…

M/S. Saraf Exports vs. Commissioner of Income Tax, Jaipur - III

C.A. No.-004822-004822 - 2022Supreme Court10 Apr 2023

Bench: HON'BLE MR. JUSTICE M.R. SHAH

Section 143(2)Section 75Section 80

…ins of business or profession”. That this Court approved the decision of the Delhi High Court in the case CIVIL APPEAL NO. 4822 OF 2022 Page 5 of 36 of Commissioner of Income Tax Vs. Dharam Pal Prem Chand Ltd., (2009) 317 ITR 353 (Del) holding that the refund of excise duty should not be excluded in arriving at the profit derived from business for the purpose of claiming deduction under Section 80-IB. 3.5 It is further contended that therefore, applying the law laid down by this Court in the case of Meghalaya Steels Limited (supra), the expression “Profit or ga…

Dy CIT CC 1 (4), Mumbai vs. M/S Aditya Birla Nuvo Ltd (Now Merged Eith Grasim Industries Ltd), Mumbai

In the result, appeal of the assessee for A

ITA 7643/MUM/2019[2009-10]Status: DisposedITAT Mumbai10 Jan 2023AY 2009-10
Section 143Section 143(3)Section 145ASection 147Section 148Section 801ASection 80I

…of a particular business would also have to be included under the head "profits and gains of business or profession", and not under the head "income from other sources" The Hon'ble Delhi High Court in the case of CIT vs. Dharam Pal Prem Chand Ltd reported in 317 ITR 353 had decided that: "The finding of the authorities below was that the refund of excise duty was pivoted on the manufacturing activity carried on by the M/s. Grasim Industries Limited (Successor to Aditya Birla Nuvo Ltd) assessee. Once such a finding of fact had been returned, there was no need to go further and to examine the immediate and proxim…

Grasim Industries Ltd (Successor to Aditya Birla Nuvo Ltd), Mumbai vs. Dy CIT CC 1 (4), Mumbai

In the result, appeal of the assessee for A

ITA 7642/MUM/2019[2010-11]Status: DisposedITAT Mumbai10 Jan 2023AY 2010-11
Section 143Section 143(3)Section 145ASection 147Section 148Section 801ASection 80I

…of a particular business would also have to be included under the head "profits and gains of business or profession", and not under the head "income from other sources" The Hon'ble Delhi High Court in the case of CIT vs. Dharam Pal Prem Chand Ltd reported in 317 ITR 353 had decided that: "The finding of the authorities below was that the refund of excise duty was pivoted on the manufacturing activity carried on by the M/s. Grasim Industries Limited (Successor to Aditya Birla Nuvo Ltd) assessee. Once such a finding of fact had been returned, there was no need to go further and to examine the immediate and proxim…

Grasim Industries Ltd (Successor to Aditya Birla Nuvo Ltd), Mumbai vs. Dy CIT CC 1 (4), Mumbai

In the result, appeal of the assessee for A

ITA 7641/MUM/2019[2009-10]Status: DisposedITAT Mumbai10 Jan 2023AY 2009-10
Section 143Section 143(3)Section 145ASection 147Section 148Section 801ASection 80I

…of a particular business would also have to be included under the head "profits and gains of business or profession", and not under the head "income from other sources" The Hon'ble Delhi High Court in the case of CIT vs. Dharam Pal Prem Chand Ltd reported in 317 ITR 353 had decided that: "The finding of the authorities below was that the refund of excise duty was pivoted on the manufacturing activity carried on by the M/s. Grasim Industries Limited (Successor to Aditya Birla Nuvo Ltd) assessee. Once such a finding of fact had been returned, there was no need to go further and to examine the immediate and proxim…

Grasim Industries Ltd (Successor to Aditya Birla Nuvo Ltd), Mumbai vs. Dy CIT CC 1 (4), Mumbai

In the result, appeal of the assessee for A

ITA 7640/MUM/2019[2008-09]Status: DisposedITAT Mumbai10 Jan 2023AY 2008-09
Section 143Section 143(3)Section 145ASection 147Section 148Section 801ASection 80I

…of a particular business would also have to be included under the head "profits and gains of business or profession", and not under the head "income from other sources" The Hon'ble Delhi High Court in the case of CIT vs. Dharam Pal Prem Chand Ltd reported in 317 ITR 353 had decided that: "The finding of the authorities below was that the refund of excise duty was pivoted on the manufacturing activity carried on by the M/s. Grasim Industries Limited (Successor to Aditya Birla Nuvo Ltd) assessee. Once such a finding of fact had been returned, there was no need to go further and to examine the immediate and proxim…

Dy CIT CC 1 (4), Mumbai vs. M/S Aditya Birla Nuvo Ltd ( Now Merged With Grasim Industrial Ltd), Mumbai

In the result, appeal of the assessee for A

ITA 7609/MUM/2019[2008-09]Status: DisposedITAT Mumbai10 Jan 2023AY 2008-09
Section 143Section 143(3)Section 145ASection 147Section 148Section 801ASection 80I

…of a particular business would also have to be included under the head "profits and gains of business or profession", and not under the head "income from other sources" The Hon'ble Delhi High Court in the case of CIT vs. Dharam Pal Prem Chand Ltd reported in 317 ITR 353 had decided that: "The finding of the authorities below was that the refund of excise duty was pivoted on the manufacturing activity carried on by the M/s. Grasim Industries Limited (Successor to Aditya Birla Nuvo Ltd) assessee. Once such a finding of fact had been returned, there was no need to go further and to examine the immediate and proxim…

CIT v. Dharam Pal Prem Chand Ltd. (317 ITR 353) — Cited in 56 Judgments | BharatTax