What is CIT v. Gem Plus Jewellery India Ltd. authority for?

Disallowances made under various sections, such as for PF/ESIC contributions, result in an increase in business profits, and these enhanced profits are eligible for deduction under Sections 10A and 10AA. Similarly, gains from foreign exchange fluctuations directly linked to export sales are also eligible for deduction under Section 10A.

How many judgments cite CIT v. Gem Plus Jewellery India Ltd.?

207 judgments on BharatTax cite CIT v. Gem Plus Jewellery India Ltd. (330 ITR 175), spanning 2012 to 2026.

Which sections of the Income Tax Act does CIT v. Gem Plus Jewellery India Ltd. come up under?

It is most often cited in judgments turning on Section 10A, Section 143(3), Section 142(1), Section 143(2), Section 10AA, Section 115JB.

CIT v. Gem Plus Jewellery India Ltd. (330 ITR 175)

BA CONTINUUM INDIA PRIVATE LIMITED,HYDERABAD vs. DCIT., CIRCLE-1(1), HYDERABAD

ITA 368/HYD/2024[2005-06]Status: DisposedITAT Hyderabad04 Feb 2026AY 2005-06

Bench: SHRI RAVISH SOOD, HON'BLE (Judicial Member), SHRI MADHUSUDAN SAWDIA HON'BLE (Accountant Member)

Section 10ASection 142(1)Section 143(2)Section 147Section 40

…आयकर अपील"य अ"धकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘A’ Bench, Hyderabad "ी रवीश सूद, माननीय "या"यक सद"य एवं "ी मधुसूदन साव"डया, माननीय लेखा सद"य SHRI RAVISH SOOD, HON’BLE JUDICIAL MEMBER AND SHRI MADHUSUDAN SAWDIA HON’BLE ACCOUNTANT MEMBER आयकरअपीलसं./I.T.A. No. 368/Hyd/2024 ("नधा"रणवष"/ Assessment Year:2005-06) BA Continuum India Private VS. Dy. Commissioner of Income Limited, Tax, Circle-1(1), Hyderabad. Hyderabad. PAN: AACCC3062D (अपीलाथ"/ Appellant) (""यथ"/ Respondent) करदाताका""त"न"ध"व/ : Shri Nishant Thakkar, Advocate Assessee Represented by राज"वका""त"न"ध"व/ : Ms. U. Mini Chan…

APTIVE COMPONENTS INDIA P.LTD (FORMERLY KNOWN AS M/S DELPHI AUTOMOTIVE SYSTEMS PVT. LTD.),NEW DELHI vs. DCIT CIRCLE-3(1), NEW DELHI

In the result, appeal of the assessee in respect of ground no

ITA 1129/DEL/2020[2005-06]Status: DisposedITAT Delhi19 Dec 2025AY 2005-06

Bench: Shri Challa Nagendra Prasad & Shri Brajesh Kumar Singh[Assessment Year: 2005-06] M/S Aptiv Components India Deputy Commissioner Of Income Private Limited Tax, (Formerly Known As M/S Delphi Vs Circle-3(1), Automotive Systems Pvt. Ltd.) Room No.-380B, C.R. Building P-24, Green Part Extn., Delhi- I.P. Estate, 110016. Delhi-110002. Pan- Aaacd0226E Assessee Revenue

Section 10ASection 143(3)

…e u/s 14A, the business profits eligible for deduction u/s 10A, to the said extent would stand enhanced. We find that the issue involved is covered by the judgment of the Hon'ble High Court of Bombay in the case of: CIT v. Gem Plus Jewellery India Ltd. [2011] 330 ITR 175 (Bom.), wherein the Hon'ble High Court held as under:- "The disallowance of the PF/ESIC payments has been made because of the statutory provisionss 43B in the case of the employer's contribution and s. 36(v) r/w s. 2(24)(x) in the case of the employees contribution which has been deemed to be the income of the assessee. The plain consequence of…

BIRLASOFT LIMITED,PUNE vs. DCIT, CIRCLE 8, PUNE

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

ITA 1116/PUN/2023[2018-19]Status: DisposedITAT Pune24 Nov 2025AY 2018-19

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2018-19 Birlasoft Limited Dcit, Circle – 8, Pune 35 & 36, Rajiv Gandhi Infotech Vs. Park, Phase-1, Midc, Hinjawadi, Pune – 411057 Pan: Aaack7308N (Appellant) (Respondent) Assessee By : Shri Kishor B Phadke Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 30-09-2025 Date Of Pronouncement : 24-11-2025 O R D E R Per R.K. Panda, V.P: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23.08.2023 Of The Ld. Cit(A) / Nfac, Delhi Relating To Assessment Year 2018-19. 2. Facts Of The Case, In Brief, Are That The Assesse Is A Public Limited Company & Is Engaged In The Business Of Computer & Software Services. It Filed Its Return Of Income On 29.11.2018 Declaring Total Income Of Rs.95,13,15,400/-. The Return Was Processed By The Cpc & An Intimation U/S 143(1) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Was Passed On 25.01.2021 Determining The Total Income At Rs.1,00,23,03,750/-. The Case Was Selected For Complete Scrutiny Assessment Under The E-Assessment Scheme, 2019 On The Following Issues:

For Appellant: Shri Kishor B PhadkeFor Respondent: Shri Amol Khairnar, CIT-DR

Section 10ASection 10A(3)Section 143(1)Section 143(2)Section 27Section 36(1)(va)Section 51Section 80ISection 90

…he has not adjudicated this issue. 31. The Ld. Counsel for the assessee submitted that the issue stands decided in favour of the assessee by the decision of the Hon’ble Bombay High Court in the case of CIT vs. Gem Plus Jewellery India Ltd. Reported in (2011) 330 ITR 175 (Bom) wherein it has been held that where the the Assessing Officer had enhanced income by disallowing the employer’s as well as employees’ contribution to PF and ESI, exemption u/s 10AA of the Act had to be granted on such enhanced income. Since the Ld. CIT(A) / NFAC in the instant case has not adjudicated this issue although a specific ground w…

INFOSYS LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), BANGALORE

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

ITA 1530/BANG/2024[2013-14]Status: DisposedITAT Bangalore06 Aug 2025AY 2013-14

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year : 2013-14

For Appellant: Sri Padam Chand Khincha – CAFor Respondent: Smt Srinandini Das – CIT - DR

Section 10ASection 143(3)Section 250Section 254Section 80A(5)

…eduction. 8.12 As regards the allowability of deduction under section 10AA of the Act in respect of gain on foreign exchange forward contracts, the assessee relied on the decisions of the Hon’ble Bombay High Court in CIT v Gem Plus Jewellery India Ltd [2011] 330 ITR 175 (Bom) and CIT v Cognizant Technology Solutions India P Ltd [2023] 151 taxmann.com 451 (Mad) – SLP Infosys Limited Page 14 of 20 dismissed by the Hon’ble Supreme Court, reported in 151 taxmann.com 402. 8.13 Further, the Apex Court in National Thermal Power Corporation v. CIT [1998] 229 ITR 383 held that the purpose of proceedings before various…

GRAMIN JANATHA WELFARE CO-OPERATIVE SOCIETY LTD.NO R 1224,KALLUR vs. INCOME TAX OFFICER, WARD 1(1), THRISSUR, THRISSUR

In the result, appeal filed by the assessee is allowed

ITA 285/COCH/2025[2023-24]Status: DisposedITAT Cochin23 Jun 2025AY 2023-24

Bench: Shri Inturi Rama Rao & Shri Prakash Chand Yadavassessmentyear:2023-24

For Appellant: Shri Amaljith P.J., A.RFor Respondent: Smt. Leena Lal, Sr. D.R

Section 143(1)Section 80PSection 80P(2)

…s added by the CPC while processing the return of income. There are umpteen number of judgements of the coordinate benches of ITAT, wherein it has been held that in view of the judgement of Hon’ble Bombay High Court in the case of GemplusJewellery reported in 330 ITR 175 (Bom.), deduction u/s 80P(2) of the Act is to be granted on the assessed income and hence the assessee is entitled for deduction u/s 80P of the Act. GraminJanatha Welfare Co-operative Society Ltd., Thrisuur Page 3 of 3 8. In the result, appeal filed by the assessee is allowed. Order pronounced in the open court on 23rd June, 2025 (Inturi Rama R…

M/S. GENPACT INDIA,GURGAON vs. DCIT, NEW DELHI

In the result, the appeal of the Revenue is dismissed and the appeal filed by the assessee is partly allowed

ITA 6543/DEL/2016[2013-14]Status: DisposedITAT Delhi13 Jun 2025AY 2013-14

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI ANUBHAV SHARMA (Judicial Member)

For Appellant: Shri Tarandeep Singh, AdvocateFor Respondent: Shri Kailash Dan Ratnoo, CIT DR

Section 10ASection 14A

…ving direct nexus over the export sales of the assessee and would be eligible for deduction u/s 10A of the Act. 8.7. Similar view was taken by the Hon’ble Bombay High Court in the case of Commissioner of Income Tax v. Gem Plus Jewellery India Ltd. Reported in 330 ITR 175 (Bom). 8.8. In view of the aforesaid observations and respectfully following the judicial precedence relied upon hereinabove, ground no. 4 raised by the Revenue is dismissed.” 10. Respectfully following the decision of the coordinate Bench of the Tribunal, we dismiss Ground No.4 raised by the Revenue. 11. With regard to Ground Nos.5 & 6 of Revenu…

DCIT, NEW DELHI vs. M/S. GENPACT INDIA, GURGAON

In the result, the appeal of the Revenue is dismissed and the appeal filed by the assessee is partly allowed

ITA 6415/DEL/2016[2013-14]Status: DisposedITAT Delhi13 Jun 2025AY 2013-14

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI ANUBHAV SHARMA (Judicial Member)

For Appellant: Shri Tarandeep Singh, AdvocateFor Respondent: Shri Kailash Dan Ratnoo, CIT DR

Section 10ASection 14A

…ving direct nexus over the export sales of the assessee and would be eligible for deduction u/s 10A of the Act. 8.7. Similar view was taken by the Hon’ble Bombay High Court in the case of Commissioner of Income Tax v. Gem Plus Jewellery India Ltd. Reported in 330 ITR 175 (Bom). 8.8. In view of the aforesaid observations and respectfully following the judicial precedence relied upon hereinabove, ground no. 4 raised by the Revenue is dismissed.” 10. Respectfully following the decision of the coordinate Bench of the Tribunal, we dismiss Ground No.4 raised by the Revenue. 11. With regard to Ground Nos.5 & 6 of Revenu…

EATON TECHNOLOGIES PRIVATE LIMITED,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME TAX, PUNE

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

ITA 1160/PUN/2024[2017-18]Status: HeardITAT Pune03 Mar 2025AY 2017-18

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

For Appellant: Smt. Vishal KalraFor Respondent: Shri Amol Khairnar

Section 10ASection 143(2)Section 143(3)Section 14ASection 263Section 40

…of the disallowance made by him under section 14A of the Act. The assessee contended that the FAO has allowed such additional deduction after considering the binding judgement of Hon'ble Bombay High Court in the case of CIT vs. Gem Plus Jewellery India Ltd. (330 ITR 175). However, it is pertinent to note here that the FAO failed to carry out proper verification / examination of the original claim itself, the facts discussed in respect of the original claim are equally applicable to the additional deduction under section 10AA also. Therefore, the assessee's contention is not acceptable. 8 Eaton Technologies Priv…

GENESYS INTERNATIONAL CORPORATION LIMITED,MUMBAI vs. DCIT CPC BANGALORE, BANGALOE

In the result, appeal filed by the assessee is partly allowed\nfor statistical purposes in above terms

ITA 634/MUM/2024[2020-21]Status: DisposedITAT Mumbai21 Feb 2025AY 2020-21

Section 10ASection 143(1)Section 143(3)Section 250Section 36(1)(va)Section 43B

…f the Act. It is settled position of law that the inflated business profits on account\nof any disallowances also qualifies for deduction u/s 10AA in view of the decision\nof the Hon'ble Bombay High Court in the case of CIT vs. Gem Plus Jewellery India\nLtd., 330 ITR 175 (Bom.) and subsequently followed by the Hon'ble Bombay High\nCourt in the case of PCIT vs. Lionbridge Technologies (P.) Ltd., 86 taxmann.com\n101 (Bom.), affirmed by the Hon'ble Supreme Court in the case of PCIT vs.\nLionbridge Technologies (P.) Ltd., 96 taxmann.com 495 (SC). However, the\nmaterial on record does not indicate that the disallowanc…

ASSTT.COMMISSIONER OF INCOME TAX CIRCLE-5, NAGPUR vs. THE NIRMAL UJWAL CREDIT CO-OP SOCIETY LTD, NAGPUR

In the result, appeal for the A

ITA 391/NAG/2019[2014-15]Status: HeardITAT Nagpur27 Nov 2024AY 2014-15

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Vikash Agrawal

Section 139(1)Section 143(2)Section 143(3)Section 36(1)(viia)Section 80PSection 80P(2)

…expenses/provisions & contingencies). The said view finds support from the judgment of Jurisdictional Bombay High Court and Pune ITAT. An operating paragraphs of aforesaid judgments is reproduced for your kind perusal :- CIT V/s Gem Plus Jewellery India Ltd. (330 ITR 175) High Court of Bombay :- In this case Assessing Officer enhanced income by disallowing employer‟s as well as employee‟s contribution towards provident fund/ESIC, it was held that exemption under section 10A had to be granted on such enhanced income. Relevant Para ;- As a matter of fact the question of law which is formulated by the revenue procee…

PRAGATI POWER CORPORATION LTD,NEW DELHI vs. ACIT, CIRCLE 20(1), NEW DELHI

In the result, the appeal filed by the assessee is partly allowed as indicated above

ITA 1617/DEL/2023[2018-19]Status: DisposedITAT Delhi14 Aug 2024AY 2018-19

Bench: SHRI S.RIFAUR RAHMAN (Accountant Member), SHRI SUDHIR PAREEK (Judicial Member)

Section 115JSection 145(2)Section 32Section 36Section 36(1)(iii)Section 37Section 43ASection 46ASection 80I

…s 10B is allowable on certain disallowances such as pertaining to section 32, 40(a)(ia), 40A(3), 43B etc, made by the Assessing Officer while computing profits and gains of business activity. V. Bombay High Court in CIT vs Gem Plus Jewellery India Ltd. (2011) 330 ITR 175 held that the disallowance u/s 40(a)(i) is a statutory disallowance and thus enhanced profit due to disallowance shall be considered for deduction u/s 10B of the Act. Assessee is also relying upon following cases:- CIT vs M Pact Technology Services (P) Ltd. (ITA No.228 (Kar) of 2013 dated 11.07.2017) Pr. CIT vs BMC Software India (P) Ltd (2019)…

KOTESHWARA V S S BANK ,UDUPI vs. INCOME TAX OFFICER, WARD-2, UDUPI

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

ITA 1087/BANG/2024[2017-18]Status: DisposedITAT Bangalore08 Jul 2024AY 2017-18

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2017-18

For Appellant: Sri Akshay K.S., A.RFor Respondent: Sri Subramanian S., D.R

Section 143(3)Section 246ASection 250Section 7Section 80PSection 80P(2)(a)

…. Bank, Udupi Page 5 of 7 to be considered for deduction under Chapter VIA on the assessed income and not on the returned income. This view of ours is fortified by the judgement of Hon’ble Bombay High Court in the case of CIT Vs. Gem Plus Jewellery India Ltd. 330 ITR 175, wherein held as under: “Under sub-section (1) of section 10A of the Income-tax Act, 1961, a deduction is allowed from the total income of the assessee of such profits and gains as are derived by an undertaking from the export of articles or things or computer software for a period of ten consecutive assessment years commencing from the assessmen…

SARVODAYA CREDIT CO OP SOCIETY LTD BARKUR,UDUPI vs. INCOME-TAX OFFICER, WARD-1, UDUPI

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

ITA 746/BANG/2024[2017-18]Status: DisposedITAT Bangalore25 Jun 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavsarvodaya Credit Co-Op. The Income Tax Officer Society Ltd. Ward -2, Udupi Car Street, Barkur Vs. Udupi 576210 Pan – Aaeas9576Q (Appellant) (Respondent) Assessee By: Smt. Sheetal Borkar, Advocate Revenue By: Ms. Neha Sahay, Jcit-Dr Date Of Hearing: 25.06.2024 Date Of Pronouncement: 25.06.2024 O R D E R Per: Prakash Chand Yadav, J.M. This Appeal Filed By The Assessee Challenges The Din & Order No. Itba/Nfac/S/2003-24/1061360577(1) Of The National Faceless Appeal Centre, Delhi (Cit(A)) Dated 22.02.2024 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) In Respect Of Assessment Year (Ay) 2017-18. 2. The Brief Facts Of The Case Are That The Assessee Society Filed Its Return Of Income(Roi) On 06.11.2017 Declaring Gross Total Income Of Rs.18,34,325/- & Net Income As Nil. Roi Filed By Assessee Was Selected For Scrutiny, After Issuing Statutory Notices. During The Course Of Assessment Proceedings The Ld. Assessing Officer (Ao) Treated Certain Income Of The Assessee As Income From Other Sources(Ios) & Without Giving The Benefit Of The Expenses Attributable Ios Assessed The Entire Income Under The Head ‘Income From Other Sources’. The Ao Further Added Rs. 1,90,000/- On Account Of The Provisions Made By Assessee With 2 Sarvodaya Credit Co-Op. Society Ltd. Respect To Employee’S Retirement Fund & Provision With Respect To Nps Fund Amounting To Rs.27,57,696/-.

For Appellant: Smt. Sheetal Borkar, AdvocateFor Respondent: Ms. Neha Sahay, JCIT-DR

Section 250Section 57Section 80PSection 80P(2)(a)

…80P(2)(a)(i) of the Act and the disallowance of the provision for interest expenses and provision for employees retirement fund. A reference can be made to decision the Hon’ble Bombay High Court in the case of CIT Vs. Gem plus Jewellary India Ltd reported in 330 ITR 175 CIT. The view expressed in the case of Gem Plus would apply mutatis mutandis here. Further there are so many judgments of the coordinate Benches of the ITAT wherein the same view is expressed. Accordingly, we remit this issue to the file of the AO for re-computing the deduction u/s 80P (2)(a)(i) of the Act after considering the matter in light of…

KOME KORAVADI VIVIDODEESHA SAHAKARI SANGHA NIYAMITHA ,UDUPI vs. INCOME TAX OFFICER, WARD-2, UDUPI

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

ITA 982/BANG/2024[2017-18]Status: DisposedITAT Bangalore24 Jun 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavassessment Years : 2017-18

For Appellant: Shri Akshay K.S, C,AFor Respondent: Shri Ganesh R Gale, Standing Counsel for the Department, CIT (DR)

Section 143(2)Section 80P(2)(a)

…rities below. 8. We have heard the rival submissions and perused the materials available on record. We find force in the argument of the assessee counsel as held by the Hon’ble Bombay High Court in the case of CIT Vs. Gem plus Jewellary India Ltd reported in 330 ITR 175 CIT. It is appropriate to grant deduction u/s 80P(2)(a)(i) of the Act on the assessed income, which was enhanced due to disallowance of deduction u/s 80P(2)(a)(i) of the Act on the provision for interest expenses and provision for employees retirement fund. Accordingly, we remit this issue to the file of the AO for re-computing the deduction u/s…