CIT v. India Carbon Ltd.

262 ITR 327High Court2003#12519 most cited
8

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2017 to 2025.

Sections most often in play

Section 115JBSection 143(1)Section 234ASection 234BSection 234CSection 250Section 29Section 37(1)

Issues it is cited on

actual payment basistax benefitviolation of natural justiceinterest under section 234ainterest under section 234bmercantile system of accountingadmission of additional evidencesection 29section 43bsection 234bsection 234asection 43

Judgments citing CIT v. India Carbon Ltd.

Ahluwalia Erectors & Fabricators Private Limited, Kota vs. DCIT/ACIT Cir-2, Kota

In the result the appeal of

ITA 199/JPR/2025[2022-23]Status: DisposedITAT Jaipur12 Nov 2025AY 2022-23
For Appellant: Shri Mahendra Gargieya, AdvFor Respondent: Mrs. Anita Rinesh, JCIT
Section 143(1)Section 234ASection 250Section 438Section 43B

…lities side in the balance-sheet without actually paying the same was a different question. The petition, was, therefore allowed and the addition was quashed. Note : The case was decided in favour of petitioner/assessee.” 1.4.6 CIT v. India Carbon Ltd. [2003] 262 ITR 327 (Gauhati) (DC 17-18) held that, "Whether the Central sales tax and the State sales tax collected would form part of the assessee's income being the trading receipt was not the question considered by any of the authorities. The question which was considered by the Court below was whether section 43B was attracted in the facts of the instant case a…

Ahluwalia Erectors & Fabricators Private Limited, Kota vs. DCIT/ACIT Cir-2, Kota

In the result the appeal of

ITA 198/JPR/2025[2021-22]Status: DisposedITAT Jaipur12 Nov 2025AY 2021-22
For Appellant: Shri Mahendra Gargieya, AdvFor Respondent: Mrs. Anita Rinesh, JCIT
Section 143(1)Section 234ASection 250Section 43B

…lities side in the balance-sheet without actually paying the same was a different question. The petition, was, therefore allowed and the addition was quashed. Note : The case was decided in favour of petitioner/assessee.” 1.4.6 CIT v. India Carbon Ltd. [2003] 262 ITR 327 (Gauhati) (DC 17-18) held that, "Whether the Central sales tax and the State sales tax collected would form part of the assessee's income being the trading receipt was not the question considered by any of the authorities. The question which was considered by the Court below was whether section 43B was attracted in the facts of the instant case a…

Ahluwalia Erectors & Fabricators Private Limited, Kota vs. DCIT/ACIT Cir-2, Kota

In the result the appeal of

ITA 197/JPR/2025[2019-20]Status: DisposedITAT Jaipur12 Nov 2025AY 2019-20
For Appellant: Shri Mahendra Gargieya, AdvFor Respondent: Mrs. Anita Rinesh, JCIT
Section 143(1)Section 234ASection 250Section 438Section 43B

…lities side in the balance-sheet without actually paying the same was a different question. The petition, was, therefore allowed and the addition was quashed. Note : The case was decided in favour of petitioner/assessee.” 1.4.6 CIT v. India Carbon Ltd. [2003] 262 ITR 327 (Gauhati) (DC 17-18) held that, "Whether the Central sales tax and the State sales tax collected would form part of the assessee's income being the trading receipt was not the question considered by any of the authorities. The question which was considered by the Court below was whether section 43B was attracted in the facts of the instant case a…

Ashraf Nafisa Althaf, Moodubidri Mangalore vs. Income Tax Officer, Ward-1 & Tps, Udupi

In the result, the appeal of the assessee is dismissed

ITA 614/BANG/2023[2013-14]Status: DisposedITAT Bangalore09 Nov 2023AY 2013-14

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2013-14

For Appellant: Shri Sanketh S. Nayak, A.RFor Respondent: Shri Nischal B., D.R
Section 139(1)Section 250Section 40Section 43B

…sessee is in appeal before us on this issue. 4. We have heard the rival submissions and perused the materials available on record. The ld. A.R. has placed reliance on the judgement of Hon’ble Gauhati High Court in the case of CIT Vs. Indian Carbon Ltd. (2003) 262 ITR 327 (Gau.) wherein held as under: “Whether the Central sales tax and the State sales tax collected would form part of the assessee’s income being the trading receipt was not the question considered by any of the authorities. The question which was considered by the Court below was whether section 43B was attracted in the facts of the instant case and…

Assistant Commissioner of Income-Tax vs. M/S. Swati Minerals, Kolhapur

In the result, all the three appeals of the Revenue are dismissed

ITA 1024/PUN/2015[2003-04]Status: DisposedITAT Pune24 Oct 2018AY 2003-04

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Prateek JhaFor Respondent: Shri Alok Singh
Section 143(3)Section 43B

…n the light of the decisions cited before them. Before the I.T.A.T. ‘A’ Bench in the case of Laxmi Hydraulics Pvt. Ltd. (supra), two more decisions were also cited, viz. CIT Vs. National Duncan Ltd. (2003) 260 ITR 97 (Cal) and CIT Vs. India Carbon Ltd. (2003) 262 ITR 327 (Gau). Since the CIT(A) has not deliberated the Hon’ble Supreme Court decision in the case of Chowringhee Sales Bureau (P) Ltd. reported in 87 ITR 542 (SC) as referred to by the I.T.A.T. Pune Bench ‘A’ in the case of Laxmi Hydraulics P. Ltd. (supra), we have no other alternative than to restore the matter back to the file of the CIT(A) for his de…

Assistant Commissioner of Income-Tax vs. M/S. Swati Minerals, Kolhapur

In the result, all the three appeals of the Revenue are dismissed

ITA 1023/PUN/2015[2002-03]Status: DisposedITAT Pune24 Oct 2018AY 2002-03

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Prateek JhaFor Respondent: Shri Alok Singh
Section 143(3)Section 43B

…n the light of the decisions cited before them. Before the I.T.A.T. ‘A’ Bench in the case of Laxmi Hydraulics Pvt. Ltd. (supra), two more decisions were also cited, viz. CIT Vs. National Duncan Ltd. (2003) 260 ITR 97 (Cal) and CIT Vs. India Carbon Ltd. (2003) 262 ITR 327 (Gau). Since the CIT(A) has not deliberated the Hon’ble Supreme Court decision in the case of Chowringhee Sales Bureau (P) Ltd. reported in 87 ITR 542 (SC) as referred to by the I.T.A.T. Pune Bench ‘A’ in the case of Laxmi Hydraulics P. Ltd. (supra), we have no other alternative than to restore the matter back to the file of the CIT(A) for his de…

Assistant Commissioner of Income-Tax vs. M/S. Swati Minerals, Kolhapur

In the result, all the three appeals of the Revenue are dismissed

ITA 1022/PUN/2015[2001-02]Status: DisposedITAT Pune24 Oct 2018AY 2001-02

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Prateek JhaFor Respondent: Shri Alok Singh
Section 143(3)Section 43B

…n the light of the decisions cited before them. Before the I.T.A.T. ‘A’ Bench in the case of Laxmi Hydraulics Pvt. Ltd. (supra), two more decisions were also cited, viz. CIT Vs. National Duncan Ltd. (2003) 260 ITR 97 (Cal) and CIT Vs. India Carbon Ltd. (2003) 262 ITR 327 (Gau). Since the CIT(A) has not deliberated the Hon’ble Supreme Court decision in the case of Chowringhee Sales Bureau (P) Ltd. reported in 87 ITR 542 (SC) as referred to by the I.T.A.T. Pune Bench ‘A’ in the case of Laxmi Hydraulics P. Ltd. (supra), we have no other alternative than to restore the matter back to the file of the CIT(A) for his de…

Income Tax Officer-Ward-12(3), Kolkata vs. M/S Khol Bros Communications Pvt. Ltd, Kolkata

In the result, the appeal of the revenue is dismissed

ITA 2759/KOL/2013[2006-2007]Status: DisposedITAT Kolkata28 Apr 2017AY 2006-2007

Bench: Him Found That An Amount Of Rs.39.24 Lacs & Rs. 11.87 Lacs Towards Sales Tax Liability & Vat Were Not Paid On Or Before The Specified Date. For Non Submission Of Any Evidence Or Explanation For Such Payment, The Ao By Invoking The Provisions Of Section 145A R.W.S 43B Of The Act Added The Sum Of Rs. 51,11,000/- (Rs.39.24 Lacs + Rs.11.87 Lacs) Being Outstanding Sales Tax & Vat Liability To The Total Income Of The Assessee.

Section 145Section 145ASection 43B

…ct is totally misconceived. To put it differently, section 43B of the Act is not attracted at all when the assessee has not claimed any deduction of the amounts collected by it as the Central Sales Tax and the State Sales Tax [ CIT v. India Carbon Ltd. (2003) 262 ITR 327, 329(Gauh). In this case, the dispute is not in respect of the sales-tax/VAT collected by the appellant, but the dispute has been in respect of the demand raised by the Commercial tax Department. Section 43B could not be made applicable only in a case where any tax, duty, cess, etc., of the like nature are collected by an assessee, not paid to th…

CIT v. India Carbon Ltd. (262 ITR 327) — Cited in 8 Judgments | BharatTax