CIT v. K. Srinivasan

83 ITR 346Supreme Court of India1972#794 most cited

What is CIT v. K. Srinivasan authority for?

The term 'tax' includes surcharge and cess. Surcharge and additional surcharge are considered components of income tax, which can be levied as a basic charge, surcharge, special surcharge, and additional surcharge.

129

judgments rely on this decision, according to BharatTax’s citation analysis of 366,459 Indian tax judgments — from 2016 to 2026.

Also referred to as

K. Srinivasan · 83 ITR 346 · surcharge · cess · additional surcharge · definition of tax · components of income tax · Section 40(a)(ii) · Section 115JAA · MAT credit · tax includes cess · tax includes surcharge

Sections most often in play

Section 40(a)(ii)Section 143(1)Section 80IASection 115JBSection 143(3)Section 164Section 167BSection 2(29C)
Read the full judgment

Issues it is cited on

section 80ib(2)section 24asection 10(4)section 40(a)(ii)section 8osection 80msection 3(b)section 2(11)section 115jaasection 44bbsection 42section 44b

Judgments citing CIT v. K. Srinivasan

Wartsila India Pvt Ltd, Navi Mumbai vs. Dy CIT 15 (3)(1), Mumbai

ITA 467/MUM/2020[2011-12]Status: DisposedITAT Mumbai28 Jun 2023AY 2011-12

Bench: Shri Kuldip Singh & Ms. Padmavathy S

For Appellant: Shri J.D. Mistri, A.RFor Respondent: Shri Manoj Kumar, CIT D.R
Section 14ASection 92CSection 92C(1)

…endered by Hon’ble Supreme Court in case of Joint Commissioner of Income Tax vs. M/s. Chambal Fertilisers & Chemicals Ltd. in civil appeal of 2022 (@SLP(C) No.7379 of 2019) and decision rendered by Hon’ble Supreme Court in case of CIT vs. K. Srinivasan (1972) 83 ITR 346 (SC). ITA Nos. 467 & 480/M/2020 22 M/s. Wartsila India Pvt. Ltd. 38. First question raised by the Ld. A.R. for the assessee to be determined by the Bench is “As to whether Parliament of India while inserting explanation 3 to section 40(a)(ii) by virtue of Finance Act, 2022 was empowered to remove the substratum or foundation?” of the judgment re…

J.B.Chemicals & Pharmaceuticals Ltd., Mumbai vs. DCIT -CC -2(1), Mumbai

The appeals of the assessee are partly allowed

ITA 2009/MUM/2019[2013-14]Status: DisposedITAT Mumbai27 Jun 2023AY 2013-14

Bench: Shri Aby T. Varkey () & Ms. Padmavathy S. ()

Section 234ASection 234CSection 35

…g the same from tax on total income before charging such surcharge and cess. 5. In the case of M/s. Scope International Pvt. Ltd., (supra) the Hon'ble Madras High Court considering the decision of the Hon'ble Supreme Court in the case of CIT v. K. Srinivasan [83 ITR 346] held that MAT credit has to be given including the amount of surcharge and education cess. 6. The Hyderabad Bench of the Tribunal in the case of Virtusa (India) (P.) Ltd., v. DCIT (supra) taking note of the decision of the Hon'ble Apex Court in the case of CIT v. K. Srinivasan (supra) wherein the Hon'ble Apex Court held that the word "Income-tax"…

J.B.Chemicals & Pharmaceuticals Ltd., Mumbai vs. DCIT -CC -2(1), Mumbai

The appeals of the assessee are partly allowed

ITA 2008/MUM/2019[2012-13]Status: DisposedITAT Mumbai27 Jun 2023AY 2012-13

Bench: Shri Aby T. Varkey () & Ms. Padmavathy S. ()

Section 234ASection 234CSection 35

…g the same from tax on total income before charging such surcharge and cess. 5. In the case of M/s. Scope International Pvt. Ltd., (supra) the Hon'ble Madras High Court considering the decision of the Hon'ble Supreme Court in the case of CIT v. K. Srinivasan [83 ITR 346] held that MAT credit has to be given including the amount of surcharge and education cess. 6. The Hyderabad Bench of the Tribunal in the case of Virtusa (India) (P.) Ltd., v. DCIT (supra) taking note of the decision of the Hon'ble Apex Court in the case of CIT v. K. Srinivasan (supra) wherein the Hon'ble Apex Court held that the word "Income-tax"…

J.B. Chemicals and Pharmaceutical Ltd, Mumbai vs. DCIT Cen Cir 2(1), Mumbai

The appeals of the assessee are partly allowed

ITA 4657/MUM/2018[2015-16]Status: DisposedITAT Mumbai27 Jun 2023AY 2015-16

Bench: Shri Aby T. Varkey () & Ms. Padmavathy S. ()

Section 234ASection 234CSection 35

…g the same from tax on total income before charging such surcharge and cess. 5. In the case of M/s. Scope International Pvt. Ltd., (supra) the Hon'ble Madras High Court considering the decision of the Hon'ble Supreme Court in the case of CIT v. K. Srinivasan [83 ITR 346] held that MAT credit has to be given including the amount of surcharge and education cess. 6. The Hyderabad Bench of the Tribunal in the case of Virtusa (India) (P.) Ltd., v. DCIT (supra) taking note of the decision of the Hon'ble Apex Court in the case of CIT v. K. Srinivasan (supra) wherein the Hon'ble Apex Court held that the word "Income-tax"…

J.B. Chemicals and Pharmaceutical Ltd, Mumbai vs. DCIT Cen Cir 2(1), Mumbai

The appeals of the assessee are partly allowed

ITA 4656/MUM/2018[2014-15]Status: DisposedITAT Mumbai27 Jun 2023AY 2014-15

Bench: Shri Aby T. Varkey () & Ms. Padmavathy S. ()

Section 234ASection 234CSection 35

…g the same from tax on total income before charging such surcharge and cess. 5. In the case of M/s. Scope International Pvt. Ltd., (supra) the Hon'ble Madras High Court considering the decision of the Hon'ble Supreme Court in the case of CIT v. K. Srinivasan [83 ITR 346] held that MAT credit has to be given including the amount of surcharge and education cess. 6. The Hyderabad Bench of the Tribunal in the case of Virtusa (India) (P.) Ltd., v. DCIT (supra) taking note of the decision of the Hon'ble Apex Court in the case of CIT v. K. Srinivasan (supra) wherein the Hon'ble Apex Court held that the word "Income-tax"…

Universal Comfort Products Limited, Mumbai vs. DCIT, Circle 8(3)(1), Mumbai

In the result, appeal filed by the assessee is allowed

ITA 2530/MUM/2022[2015-16]Status: DisposedITAT Mumbai08 Feb 2023AY 2015-16

Bench: Shri Kuldip Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Section 115JSection 143(1)Section 19Section 2Section 234C

…nt towards MAT credit made in the intimation under Section 143(1) of the Act is beyond the scope of the Act and thus, the same is bad in law. 3. The AO and the CIT(A) have erred in disregarding the judicial precedent in the case of K. Srinivasan vs CIT (1972) 83 ITR 346 (SC) which has held that the term "tax' includes surcharge and education cess. 4. The CIT(A) has erred in not considering the latest jurisdictional orders of Hon'ble ITAT on the specific issue whether the MAT credit granted under Section 115JAA of the Act will be inclusive of Surcharge and Cess. 5. The Appellant Company therefore prays that the MA…

DCIT - CC-3(2), Mumbai vs. Aarti Drugs Limited, Mumbai

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

ITA 2503/MUM/2021[2012-13]Status: DisposedITAT Mumbai20 Jan 2023AY 2012-13

Bench: Shri S. Rifaur Rahman & Shri Sandeep Singh Karhail

For Appellant: Shri S.S. Nagar a/wFor Respondent: Shri R.S. Srivastav
Section 139Section 14ASection 250Section 32(1)Section 801ASection 80I

…he fact that education cess ultimately form a part of the income tax and cannot be allowed as Revenue expenditure in the M/s. Aarti Drugs Limited ITA no.2503/Mum./2021 view of the Judgment of Hon'ble Supreme Court in the case of Shri K Srinivasan reported at 83 ITR 346 and Memorandum of Finance Bill of 2004. 19. The appellant craves to leave, to add, to amend and / or to alter of the ground of appeal. if need be.” 3. The brief facts of the case are: The assessee is a company and is engaged in the business of manufacture of chemicals and bulk drugs. For the year under consideration, the assessee filed its return…

ACIT, Central Circle- 18, New Delhi vs. Lalit Mahajan, New Delhi

In the result, the appeal filed by the Revenue stands

ITA 6936/DEL/2018[2016-17]Status: DisposedITAT Delhi04 Jan 2023AY 2016-17

Bench: Shri Anil Chaturvedi & Shri N.K. Choudhryassessment Year: 2016-17

For Appellant: Sh. Mukesh Gupta, Ld. C.A. &For Respondent: Sh. Jeetender Chand, Ld. Sr. DR
Section 115JSection 143(1)Section 250

…al provisions of the relevant sections and the factual aspects of the case and then only decided the issue qua credit of surcharge and education cess in the income of the Assessee. Even otherwise, Hon’ble Apex Court in the case of CIT vs. K. Srinivasan (1972) 83 ITR 346(SC) clearly held that income tax would include surcharge and additional surcharge. Even otherwise we do not find any reason and/or material to contradict the findings of the ld. Commissioner and hence considering the spirit of the provisions of Act as applicable to the instant case, are inclined not to interfere in the impugned order. 5 8. In the…

Deputy Commissioner of Income Tax, Circle- 4(1)(1), Bangalore vs. M/S. Lifestyle International Private Limited, Bangalore

In the result, the assessee’s appeal stands allowed and revenue’s appeal stands dismissed

ITA 93/BANG/2020[2013-14]Status: DisposedITAT Bangalore18 Nov 2022AY 2013-14

Bench: Smt Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2013-14 M/S. Lifestyle International Pvt. Ltd., 77, Town Centre, The Deputy Building No. 3, Commissioner Of West Wing, Income Tax, Off Hal Airport Road, Circle – 4(1)(1), Yamlur, Vs. Bengaluru. Bengaluru – 560 037. Pan: Aaacl2937J Appellant Respondent & Assessment Year : 2013-14 (By Revenue)

Section 2Section 37Section 43(6)(c)Section 50B

…rs& Chemicals Ltd. Vs. JCIT (ITA No.52/2018 dated 31.7.2018), wherein it was held that the education cess is allowable as deduction. However, the Tribunal observed that the decision rendered by Hon'ble Supreme Court in the case of CIT Vs. K. Srinivasan (1972) 83 ITR 346 was not brought to the notice of the above said Hon'ble High Courts. Accordingly, the Tribunal has expressed the view that the decision rendered by Hon'ble Supreme Court in the case of K. Srinivasan (supra) shall prevail on this issue and accordingly held that the education cess is not allowable as deduction. Page 29 of 31 ITA Nos. 50 & 93/Bang/2…

CC Engineers Pvt. Ltd., Pune vs. Income-Tax Officer, Ward 1(1), Pune

In the result, the appeal of the assessee is dismissed

ITA 698/PUN/2021[2018-19]Status: DisposedITAT Pune07 Nov 2022AY 2018-19

Bench: Shri Inturi Rama Roao & Shri Partha Sarathi Chaudhury

For Appellant: Shri S.N. Puranik (through virtual)For Respondent: Shri Ramnath P. Murkunde
Section 139(1)Section 143(1)Section 143(1)(a)Section 30(1)(va)Section 36(1)(va)Section 43B

…ls Ltd. Vs. Jt. CIT (I.T.A No. 52/2018 dated 31-7-2018) wherein it was held that the Education Cess was allowable as deduction. However, the Tribunal observed that the judgment rendered by the Hon’ble Supreme Court in the case of CIT Vs. K. Shrinivasan (1972) 83 ITR 346 was not brought to the notice of the Hon’ble High Courts. The Tribunal expressed a view that the decision rendered by the Hon’ble Supreme Court in the case of K. Shrinivasan (supra) shall prevail on this issue and accordingly held that the Education Cess is not allowable as deduction. Following this proposition of law and on same parity of reasoni…

Dy. CIT. Circle 7(1)(1), Mumbai vs. Hindustan Colas Pvt. Ltd., Mumbai

In the result, appeals filed by the assessee for A

ITA 1663/MUM/2022[2018-19]Status: DisposedITAT Mumbai20 Oct 2022AY 2018-19

Bench: Shri Kuldip Singh & Shri Amarjit Singh

Section 80Section 801B(9)Section 80I

…,323/- an admissible expenditure without appreciating the fact that education cess is part of tax under section 40A(2) of the Act and is not an allowable expenditure as per the decision rendered by Hon’ble Supreme Court in case of CIT Vs. K. Srinivasan (1972) 83 ITR 346 (SC); the second ground raised by the Revenue is that the Ld. CIT(A) has erred in holding that the assessee is entitled to a refund of dividend distribution tax paid under section 115-O(1) of the Act as dividend distribution tax is not a tax on dividend income of the recipient (being a foreign entity) of dividend income to which the provisions of…

Dy. CIT. Circle 7(1)(1), Mumbai vs. Hindustan Colas Pvt. Ltd., Mumbai

In the result, appeals filed by the assessee for A

ITA 1662/MUM/2022[2012-13]Status: DisposedITAT Mumbai20 Oct 2022AY 2012-13

Bench: Shri Kuldip Singh & Shri Amarjit Singh

Section 80Section 801B(9)Section 80I

…,323/- an admissible expenditure without appreciating the fact that education cess is part of tax under section 40A(2) of the Act and is not an allowable expenditure as per the decision rendered by Hon’ble Supreme Court in case of CIT Vs. K. Srinivasan (1972) 83 ITR 346 (SC); the second ground raised by the Revenue is that the Ld. CIT(A) has erred in holding that the assessee is entitled to a refund of dividend distribution tax paid under section 115-O(1) of the Act as dividend distribution tax is not a tax on dividend income of the recipient (being a foreign entity) of dividend income to which the provisions of…

M/S. Hindustan Colas Pvt. Ltd, Mumbai vs. ACIT Circle 7(1) (2), Mumbai

In the result, appeals filed by the assessee for A

ITA 1653/MUM/2022[2018-19]Status: DisposedITAT Mumbai20 Oct 2022AY 2018-19

Bench: Shri Kuldip Singh & Shri Amarjit Singh

Section 80Section 801B(9)Section 80I

…,323/- an admissible expenditure without appreciating the fact that education cess is part of tax under section 40A(2) of the Act and is not an allowable expenditure as per the decision rendered by Hon’ble Supreme Court in case of CIT Vs. K. Srinivasan (1972) 83 ITR 346 (SC); the second ground raised by the Revenue is that the Ld. CIT(A) has erred in holding that the assessee is entitled to a refund of dividend distribution tax paid under section 115-O(1) of the Act as dividend distribution tax is not a tax on dividend income of the recipient (being a foreign entity) of dividend income to which the provisions of…

M/S. Hindustan Colas Pvt. Ltd, Mumbai vs. ACIT Circle 7(1) (2), Mumbai

In the result, appeals filed by the assessee for A

ITA 1652/MUM/2022[2017-18]Status: DisposedITAT Mumbai20 Oct 2022AY 2017-18

Bench: Shri Kuldip Singh & Shri Amarjit Singh

Section 80Section 801B(9)Section 80I

…,323/- an admissible expenditure without appreciating the fact that education cess is part of tax under section 40A(2) of the Act and is not an allowable expenditure as per the decision rendered by Hon’ble Supreme Court in case of CIT Vs. K. Srinivasan (1972) 83 ITR 346 (SC); the second ground raised by the Revenue is that the Ld. CIT(A) has erred in holding that the assessee is entitled to a refund of dividend distribution tax paid under section 115-O(1) of the Act as dividend distribution tax is not a tax on dividend income of the recipient (being a foreign entity) of dividend income to which the provisions of…

M/S. Hindustan Colas Pvt. Ltd, Mumbai vs. ACIT Circle 7(1) (2), Mumbai

In the result, appeals filed by the assessee for A

ITA 1651/MUM/2022[2016-17]Status: DisposedITAT Mumbai20 Oct 2022AY 2016-17

Bench: Shri Kuldip Singh & Shri Amarjit Singh

Section 80Section 801B(9)Section 80I

…,323/- an admissible expenditure without appreciating the fact that education cess is part of tax under section 40A(2) of the Act and is not an allowable expenditure as per the decision rendered by Hon’ble Supreme Court in case of CIT Vs. K. Srinivasan (1972) 83 ITR 346 (SC); the second ground raised by the Revenue is that the Ld. CIT(A) has erred in holding that the assessee is entitled to a refund of dividend distribution tax paid under section 115-O(1) of the Act as dividend distribution tax is not a tax on dividend income of the recipient (being a foreign entity) of dividend income to which the provisions of…

M/S. Hindustan Colas Pvt. Ltd, Mumbai vs. ACIT Circle 7(1) (2), Mumbai

In the result, appeals filed by the assessee for A

ITA 1650/MUM/2022[2014-15]Status: DisposedITAT Mumbai20 Oct 2022AY 2014-15

Bench: Shri Kuldip Singh & Shri Amarjit Singh

Section 80Section 801B(9)Section 80I

…,323/- an admissible expenditure without appreciating the fact that education cess is part of tax under section 40A(2) of the Act and is not an allowable expenditure as per the decision rendered by Hon’ble Supreme Court in case of CIT Vs. K. Srinivasan (1972) 83 ITR 346 (SC); the second ground raised by the Revenue is that the Ld. CIT(A) has erred in holding that the assessee is entitled to a refund of dividend distribution tax paid under section 115-O(1) of the Act as dividend distribution tax is not a tax on dividend income of the recipient (being a foreign entity) of dividend income to which the provisions of…

M/S. Hindustan Colas Pvt. Ltd, Mumbai vs. ACIT Circle 7(1) (2), Mumbai

In the result, appeals filed by the assessee for A

ITA 1649/MUM/2022[2013-14]Status: DisposedITAT Mumbai20 Oct 2022AY 2013-14

Bench: Shri Kuldip Singh & Shri Amarjit Singh

Section 80Section 801B(9)Section 80I

…,323/- an admissible expenditure without appreciating the fact that education cess is part of tax under section 40A(2) of the Act and is not an allowable expenditure as per the decision rendered by Hon’ble Supreme Court in case of CIT Vs. K. Srinivasan (1972) 83 ITR 346 (SC); the second ground raised by the Revenue is that the Ld. CIT(A) has erred in holding that the assessee is entitled to a refund of dividend distribution tax paid under section 115-O(1) of the Act as dividend distribution tax is not a tax on dividend income of the recipient (being a foreign entity) of dividend income to which the provisions of…

Hindustan Colas Pvt Ltd, Mumbai vs. ACIT Cir 6(3), Mumbai

In the result, appeals filed by the assessee for A

ITA 1648/MUM/2022[2012-13]Status: DisposedITAT Mumbai20 Oct 2022AY 2012-13

Bench: Shri Kuldip Singh & Shri Amarjit Singh

Section 80Section 801B(9)Section 80I

…,323/- an admissible expenditure without appreciating the fact that education cess is part of tax under section 40A(2) of the Act and is not an allowable expenditure as per the decision rendered by Hon’ble Supreme Court in case of CIT Vs. K. Srinivasan (1972) 83 ITR 346 (SC); the second ground raised by the Revenue is that the Ld. CIT(A) has erred in holding that the assessee is entitled to a refund of dividend distribution tax paid under section 115-O(1) of the Act as dividend distribution tax is not a tax on dividend income of the recipient (being a foreign entity) of dividend income to which the provisions of…

Hindustan Colas Pvt Ltd, Mumbai vs. ACIT Cir 6(3), Mumbai

In the result, appeals filed by the assessee for A

ITA 1647/MUM/2022[2011-12]Status: DisposedITAT Mumbai20 Oct 2022AY 2011-12

Bench: Shri Kuldip Singh & Shri Amarjit Singh

Section 80Section 801B(9)Section 80I

…,323/- an admissible expenditure without appreciating the fact that education cess is part of tax under section 40A(2) of the Act and is not an allowable expenditure as per the decision rendered by Hon’ble Supreme Court in case of CIT Vs. K. Srinivasan (1972) 83 ITR 346 (SC); the second ground raised by the Revenue is that the Ld. CIT(A) has erred in holding that the assessee is entitled to a refund of dividend distribution tax paid under section 115-O(1) of the Act as dividend distribution tax is not a tax on dividend income of the recipient (being a foreign entity) of dividend income to which the provisions of…

Hindustan Colas Pvt Ltd, Mumbai vs. ACIT Cir 6(3), Mumbai

In the result, appeals filed by the assessee for A

ITA 1646/MUM/2022[2010-11]Status: DisposedITAT Mumbai20 Oct 2022AY 2010-11

Bench: Shri Kuldip Singh & Shri Amarjit Singh

Section 80Section 801B(9)Section 80I

…,323/- an admissible expenditure without appreciating the fact that education cess is part of tax under section 40A(2) of the Act and is not an allowable expenditure as per the decision rendered by Hon’ble Supreme Court in case of CIT Vs. K. Srinivasan (1972) 83 ITR 346 (SC); the second ground raised by the Revenue is that the Ld. CIT(A) has erred in holding that the assessee is entitled to a refund of dividend distribution tax paid under section 115-O(1) of the Act as dividend distribution tax is not a tax on dividend income of the recipient (being a foreign entity) of dividend income to which the provisions of…