CIT v. Dharam Pal Prem Chand Ltd.

ACIT, Central Circle- 29, New Delhi vs. Avichal Buildcon Pvt. Ltd., New Delhi

In the result, both the appeals filed by the Revenue are allowed for statistical purposes

Bench: Shri R.K. Panda & Shri Kuldip Singh, Member

…The assessee has submitted that the Ld. CIT(A) relying upon decision of me Hon’ble Supreme Court in the case of CIT vs. Meghalya Steels Ltd [2016] 383 ITR 217 (SC) and decision of jurisdictional High Court in the case of CIT vs. Dharampal Premchand Ltd [2009] 317 ITR 353 Delhi H.C] has deleted the additions on this issue in assessee’s own case for A.Y. 2012-13 & 2013-14. The above decision of the Ld. CIT(A) has not accepted and the revenue has gone in further appeal against the same. 10.1 As there is no change in facts and circumstances of the case in the assessment year under consideration, the excess claim of d…

Dabur Invest Corp, New Delhi vs. JCIT, Range-46, New Delhi

In the result, appeal of the assessee is partly allowed

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi(Partially Through Video Conferencing) Dabur Invest Corp, The Joint Commissioner Of Vs. 4Th Floor, Punjabi Bhawan, 10, Income Tax , Rouse Avenue, New Delhi Range-46, Pan: Aaadfd2529G New Delhi (Appellant) (Respondent)

…. CIT 275 CTR 532 (Ker) CIT vs. Sapthagiri Distilleries Ltd. 351 ITR 110 (Del) Khanna & Anandhanam vs. CIT 404 ITR 318 (Del) Pr. CIT vs. Aeren R. Infrastructure Ltd. 306 ITR 392 (SC) Ponni Sugar & Chemicals Ltd. , 400 ITR 279 (SC) CIT vs. Chaphalkar Brothers, 317 ITR 353 (Del) Dharam Pal Prem Chand, 88 ITD 273 (Mum) (Spl Bench), DCIT vs. Reliance Industries Ltd. 264 Tax 252 (Bom) Pr. CIT vs. Welspun Steels Ltd. 98 ITD 19 (Del Trib) Payal Kapur vs. ACIT In the instant case, the option money was paid by CUIH to Dabur not to sell its stake in the co-promoted company, i.e. Aviva Life Insurance Co. to any third pers…

DCIT, Circle- 23(2), New Delhi vs. Sicpa India Pvt. Ltd., New Delhi

Bench: Shri Kuldip Singh & Dr. B.R.R. Kumar

…al. This factual position has not been controverted by the ld. DR for the Revenue. 17. Hon’ble Supreme Court in case of CIT vs. Meghalaya Steels Ltd. 383 ITR 217 (SC) by referring the decision of Hon’ble Delhi High Court in CIT vs. Dharampal Premchand Ltd. 317 ITR 353 in which SLP preferred by the Revenue in the Hon’ble Supreme Court was dismissed and upheld the view that refund of excise duty 13 ITA No.704/Kol./2015 ITA No.1586/Kol./2016 ITA No.7048/Kol./2017 ITA No.838/Kol./2015 ITA No.7483/Kol./2017 should not be excluded in arriving at the profit “derived from” business for the purpose of claiming dedu…

Sicpa India Pvt. Ltd., New Delhi vs. DCIT, Circle- 23(2), New Delhi

Bench: Shri Kuldip Singh & Dr. B.R.R. Kumar

…al. This factual position has not been controverted by the ld. DR for the Revenue. 17. Hon’ble Supreme Court in case of CIT vs. Meghalaya Steels Ltd. 383 ITR 217 (SC) by referring the decision of Hon’ble Delhi High Court in CIT vs. Dharampal Premchand Ltd. 317 ITR 353 in which SLP preferred by the Revenue in the Hon’ble Supreme Court was dismissed and upheld the view that refund of excise duty 13 ITA No.704/Kol./2015 ITA No.1586/Kol./2016 ITA No.7048/Kol./2017 ITA No.838/Kol./2015 ITA No.7483/Kol./2017 should not be excluded in arriving at the profit “derived from” business for the purpose of claiming dedu…

DCIT, New Delhi vs. M/S. Ultimate Flexipack Ltd., New Delhi

Appeal is dismissed

Bench: Ms Suchitra Kamble & Shri Prashant Maharishi

…ion u/s 80-IB of the Act and Ground No. 5 relating to excise duty refund/Cenvat credit is a capital receipt, the Ld. AR submitted that the issue is covered by the Hon’ble Jurisdictional Delhi High Court judgment in the case of CIT vs. Dharam Pal Prem Chand in 317 ITR 353 (Del) in favour of the assessee against which the SLP filed was also dismissed. However, it is brought to your kind notice that by way of alternative ground, the assessee had claimed that the excise duty refund/Cenvat credit is basically a capital receipt, not liable to tax and the same has been accepted by the CIT (Appeals). While holding so, th…

Ultimate Flexipack Ltd., New Delhi vs. ACIT, New Delhi

Appeal is dismissed

Bench: Ms Suchitra Kamble & Shri Prashant Maharishi

…ion u/s 80-IB of the Act and Ground No. 5 relating to excise duty refund/Cenvat credit is a capital receipt, the Ld. AR submitted that the issue is covered by the Hon’ble Jurisdictional Delhi High Court judgment in the case of CIT vs. Dharam Pal Prem Chand in 317 ITR 353 (Del) in favour of the assessee against which the SLP filed was also dismissed. However, it is brought to your kind notice that by way of alternative ground, the assessee had claimed that the excise duty refund/Cenvat credit is basically a capital receipt, not liable to tax and the same has been accepted by the CIT (Appeals). While holding so, th…

Ultimate Flexipack Ltd., New Delhi vs. DCIT, New Delhi

Appeal is dismissed

Bench: Ms Suchitra Kamble & Shri Prashant Maharishi

…ion u/s 80-IB of the Act and Ground No. 5 relating to excise duty refund/Cenvat credit is a capital receipt, the Ld. AR submitted that the issue is covered by the Hon’ble Jurisdictional Delhi High Court judgment in the case of CIT vs. Dharam Pal Prem Chand in 317 ITR 353 (Del) in favour of the assessee against which the SLP filed was also dismissed. However, it is brought to your kind notice that by way of alternative ground, the assessee had claimed that the excise duty refund/Cenvat credit is basically a capital receipt, not liable to tax and the same has been accepted by the CIT (Appeals). While holding so, th…

ACIT, New Delhi vs. M/S. Ultimate Flexipack Ltd., New Delhi

Appeal is dismissed

Bench: Ms Suchitra Kamble & Shri Prashant Maharishi

…ion u/s 80-IB of the Act and Ground No. 5 relating to excise duty refund/Cenvat credit is a capital receipt, the Ld. AR submitted that the issue is covered by the Hon’ble Jurisdictional Delhi High Court judgment in the case of CIT vs. Dharam Pal Prem Chand in 317 ITR 353 (Del) in favour of the assessee against which the SLP filed was also dismissed. However, it is brought to your kind notice that by way of alternative ground, the assessee had claimed that the excise duty refund/Cenvat credit is basically a capital receipt, not liable to tax and the same has been accepted by the CIT (Appeals). While holding so, th…

Ultimate Flexipack Ltd., New Delhi vs. DCIT, New Delhi

Appeal is dismissed

Bench: Ms Suchitra Kamble & Shri Prashant Maharishi

…ion u/s 80-IB of the Act and Ground No. 5 relating to excise duty refund/Cenvat credit is a capital receipt, the Ld. AR submitted that the issue is covered by the Hon’ble Jurisdictional Delhi High Court judgment in the case of CIT vs. Dharam Pal Prem Chand in 317 ITR 353 (Del) in favour of the assessee against which the SLP filed was also dismissed. However, it is brought to your kind notice that by way of alternative ground, the assessee had claimed that the excise duty refund/Cenvat credit is basically a capital receipt, not liable to tax and the same has been accepted by the CIT (Appeals). While holding so, th…

ACIT, New Delhi vs. M/S. Ultimate Flexipack Ltd., New Delhi

Appeal is dismissed

Bench: Ms Suchitra Kamble & Shri Prashant Maharishi

…ion u/s 80-IB of the Act and Ground No. 5 relating to excise duty refund/Cenvat credit is a capital receipt, the Ld. AR submitted that the issue is covered by the Hon’ble Jurisdictional Delhi High Court judgment in the case of CIT vs. Dharam Pal Prem Chand in 317 ITR 353 (Del) in favour of the assessee against which the SLP filed was also dismissed. However, it is brought to your kind notice that by way of alternative ground, the assessee had claimed that the excise duty refund/Cenvat credit is basically a capital receipt, not liable to tax and the same has been accepted by the CIT (Appeals). While holding so, th…

Ultimate Flexipack Ltd., New Delhi vs. DCIT, New Delhi

Appeal is dismissed

Bench: Ms Suchitra Kamble & Shri Prashant Maharishi

…ion u/s 80-IB of the Act and Ground No. 5 relating to excise duty refund/Cenvat credit is a capital receipt, the Ld. AR submitted that the issue is covered by the Hon’ble Jurisdictional Delhi High Court judgment in the case of CIT vs. Dharam Pal Prem Chand in 317 ITR 353 (Del) in favour of the assessee against which the SLP filed was also dismissed. However, it is brought to your kind notice that by way of alternative ground, the assessee had claimed that the excise duty refund/Cenvat credit is basically a capital receipt, not liable to tax and the same has been accepted by the CIT (Appeals). While holding so, th…

DCIT, New Delhi vs. M/S. Abhisar Buildwell (P) Ltd., Delhi

In the result, both the appeals of the Revenue are dismised

Bench: Shri Amit Shukla & Shri O.P. Kant

…business. Therefore, as per AR, this excise duty refund has already suffered tax. On identical facts, as to whether excise duty refunds are revenue receipt or capital receipt, the jurisdictional High Court in the case of CIT vs. Dharampal Premchand Ltd [2009] 317 ITR 353-Delhi H.C] has held that ‘the excise refunds received by the Units are eligible for deduction u/s 80IB of the Act and such deduction is inclusive of excise benefits received by the Units’. The SLP preferred by revenue against this judgment to the Hon’ble Supreme Court, was dismissed, on the ground that refund of excise duty should not be excluded…

DCIT, New Delhi vs. M/S. Abhisar Buildwell (P) Ltd., Delhi

In the result, both the appeals of the Revenue are dismised

Bench: Shri Amit Shukla & Shri O.P. Kant

…business. Therefore, as per AR, this excise duty refund has already suffered tax. On identical facts, as to whether excise duty refunds are revenue receipt or capital receipt, the jurisdictional High Court in the case of CIT vs. Dharampal Premchand Ltd [2009] 317 ITR 353-Delhi H.C] has held that ‘the excise refunds received by the Units are eligible for deduction u/s 80IB of the Act and such deduction is inclusive of excise benefits received by the Units’. The SLP preferred by revenue against this judgment to the Hon’ble Supreme Court, was dismissed, on the ground that refund of excise duty should not be excluded…

DCIT, New Delhi vs. M/S. Avichal Buildcon (P) Ltd., Delhi

In the result, both the appeals of the Revenue are accordingly allowed for statistical purposes

Bench: Shri Amit Shukla & Shri O.P. Kant

…business. Therefore, as per AR, this excise duty refund has already suffered tax. On identical facts, as to whether excise duty refunds are revenue receipt or capital receipt, the jurisdictional High Court in the case of CIT vs. Dharampal Premchand Ltd [2009] 317 ITR 353-Delhi H.C] has held that ‘the excise refunds received by the Units are eligible for deduction u/s 80IB of the Act and such deduction is inclusive of excise benefits received by the Units’. The SLP preferred by revenue against this judgment to the Hon’ble Supreme Court, was dismissed, on the ground that refund of excise duty should not be excluded…

DCIT, New Delhi vs. M/S. Avichal Buildcon (P) Ltd., Delhi

In the result, both the appeals of the Revenue are accordingly allowed for statistical purposes

Bench: Shri Amit Shukla & Shri O.P. Kant

…business. Therefore, as per AR, this excise duty refund has already suffered tax. On identical facts, as to whether excise duty refunds are revenue receipt or capital receipt, the jurisdictional High Court in the case of CIT vs. Dharampal Premchand Ltd [2009] 317 ITR 353-Delhi H.C] has held that ‘the excise refunds received by the Units are eligible for deduction u/s 80IB of the Act and such deduction is inclusive of excise benefits received by the Units’. The SLP preferred by revenue against this judgment to the Hon’ble Supreme Court, was dismissed, on the ground that refund of excise duty should not be excluded…

ACIT, New Delhi vs. M/S. Montage Enterprises Pvt. Ltd., New Delhi

In the result, the appeal of the Revenue is partly allowed

Bench: Shri Before Shri G.D. Agrawal, Before Shri Before Shri G.D. Agrawal, G.D. Agrawal, Vice G.D. Agrawal, Vice & And & Shri K. Narasimha Chary Shri K. Narasimha Charyshri K. Narasimha Chary Shri K. Narasimha Chary

…IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI BENCH DELHI DELHI BENCH BENCH ’E’: NEW DELHI BENCH : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI BEFORE SHRI G.D. AGRAWAL, BEFORE SHRI BEFORE SHRI G.D. AGRAWAL, G.D. AGRAWAL, VICE G.D. AGRAWAL, VICE VICE PRESIDENT VICE PRESIDENT PRESIDENT AND PRESIDENT AND AND AND SHRI K. NARASIMHA CHARY SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER SHRI K. NARASIMHA CHARY SHRI K. NARASIMHA CHARY , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER ITA No. 4014/Del/2011 IT…