How many judgments cite CIT v. K. Srinivasan?

129 judgments on BharatTax cite CIT v. K. Srinivasan (83 ITR 346), spanning 2016 to 2026.

Which sections of the Income Tax Act does CIT v. K. Srinivasan come up under?

It is most often cited in judgments turning on Section 40(a)(ii), Section 143(1), Section 80IA, Section 115JB, Section 143(3), Section 164.

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 80IA Section 115JB Section 143(3)Section 164 Section 167B Section 2(29C)

Read the full judgment

Issues it is cited on

section 80ib(2)section 24a section 10(4)section 40(a)(ii)section 8o section 80m section 3(b)section 2(11)section 115jaa section 44bb section 42 section 44b

Judgments citing CIT v. K. Srinivasan

ACIT, CC-3(1), Chennai vs. M/S. Bgr Energy System Ltd., Chennai

The appeal stand dismissed

ITA 3277/CHNY/2019[2015-16]Status: DisposedITAT Chennai24 Jan 2022AY 2015-16

Bench: Hon’Ble Shri Mahavir Singh & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं./ Ita No. 3277/Chny/2019 (िनधाDरण वषD / Assessment Year: 2015-16) Acit M/S. Bgr Energy Systems Ltd. बनाम/ Central Circle -3(1), Corporate Office, Guna Complex Chennai. 433, Anna Salai, Teynampet, Vs. Chennai – 600 018. "थायी लेखा सं./जीआइ आर सं./Pan/Gir No. Aabcg-2202-J (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ" की ओरसे/ Appellant By : Shri M. Rajan Ld. Cit-Dr ""थ" की ओरसे/Respondent By : Ms. T. Sandhya Arti (Ca) – Ld Ar सुनवाई की तारीख/ 24-01-2022 : Date Of Hearing घोषणा की तारीख / : 24-01-2022 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2015-16 Arises Out Of The Order Of Learned Commissioner Of Income Tax (Appeals)-19, Chennai [Cit(A)] Dated 28.08.2019 In The Matter Of Intimation Issued By Centralized Processing Center (Cpc), Bangalore U/S. 143(1) On 05.08.2016. The Grounds Raised By The Revenue Read As Under:

For Appellant: Shri M. Rajan Ld. CIT-DRFor Respondent: Ms. T. Sandhya Arti (CA) – Ld AR

Section 115JSection 143(1)

…education cess and surcharge was excluded from MAT credit. Aggrieved, the assessee preferred appeal before Ld. CIT(A). 4. The Ld. CIT(A), after considering the ratio of various decisions including decision of Hon’ble Apex Court in CIT V/s K. Srinivasan (1972 83 ITR 346) wherein it was held that the term ‘tax’ would include surcharge, special surcharge and additional surcharge, decided the issue in assessee’s favor. The ratio of decision of Hon’ble Calcutta High Court in Srei Infrastructure Finance Ltd V/s DCIT (395 ITR 291) and various other decisions of various benches of Tribunal was also considered while deci…

Peninsula Facility Management Services Ltd., Mumbai vs. Asstt. CIT -CPC, Mumbai

In the result, assessee’s appeal allowed

ITA 803/MUM/2021[2014-15]Status: DisposedITAT Mumbai14 Dec 2021AY 2014-15

Bench: Shri Shamim Yahya (Am) & Ms. Suchitra Raghunath Kamble (Jm)

For Appellant: Shri Hardik NirmalFor Respondent: Shri Ashish Kumar

Section 115JSection 143Section 143(1)Section 234ASection 4

…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"…

Sona Blw Precision Forgings Ltd., New Delhi vs. DCIT, New Delhi

ITA 3134/DEL/2017[2012-13]Status: DisposedITAT Delhi18 Nov 2021AY 2012-13

Bench: Shri O.P. Kant & Ms. Suchitra Kamble[Through Video Conferencing]

Section 40Section 92BSection 92C

…n additional surcharge for the purposes of the Union, so as to fulfil the commitment of the Centre to provide and finance quality health services and education. It has only been termed as a cess. 5. Hon'ble Supreme Court in the case of CIT vs. K. Srinivasan (83 ITR 346) elucidated the concept of surcharge and equated it with an additional tax. The Court observed that Article 270(1) of the Constitution of India ("the Constitution") provides that taxes levied and collected by the Union has to be distributed between the Union and the States in the manner provided in clause 2 of Article 270. The Court also observed…

Sona Okegawa Precision Forgings Ltd., New Delhi vs. DCIT, New Delhi

ITA 204/DEL/2017[2011-12]Status: DisposedITAT Delhi18 Nov 2021AY 2011-12

Bench: Shri O.P. Kant & Ms. Suchitra Kamble[Through Video Conferencing]

Section 40Section 92BSection 92C

Dcm Shriiram Ltd., New Delhi vs. Addl.CIT, Special Range- 3, New Delhi

In the result appeal of assessee is partly allowed

ITA 7362/DEL/2018[2014-15]Status: DisposedITAT Delhi28 Oct 2021AY 2014-15

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

For Appellant: Shri Pradeep Dinodia, C. A.; &For Respondent: Shri Surendra Pal [CIT] – DR

Section 133(6)Section 143Section 143(3)Section 144Section 92C

…Mohit Mineral (P) Ltd. [TS512-SC-2018-NT], the Supreme Court held that the expression “cess” means a tax levied for some special purpose, which may be levied as an increment to an existing tax. iv. Hon’ble Supreme Court in the case of CIT vs. K Srinivasan in 83 ITR 346 has held that, “The expression “income tax” used Page 51 of 55 in the Finance Act and the Income-tax Act includes surcharge and additional surcharge wherever provided in the Act. The surcharge, the special surcharge and the additional surcharge form part of the income-tax and super tax and are not separate taxes by themselves. v. there was never…

M/S. Kanoria Chemicals & Industries Ltd., Kolkata vs. Additional CIT, Range - 10, Kolkata

ITA 2184/KOL/2018[2012-13]Status: DisposedITAT Kolkata26 Oct 2021AY 2012-13

Bench: Shri Sanjay Garg & Dr. M.L.Meenaआयकर अपील सं.य/ Assessment Year:2012-13 बनाम / M/S. Kanoria Chemicals & Addl. Cit, Range-10, Industries Ltd Kolkata V/S. C/O Salapuria Jajodia & P-7 Chowringhee Co. 7 Chittaranjan Square, Kolkata-700 Avenue, Kolkata-72. 069. Pan: Aabck1291K अपीलाथ" /Appellant ""यथ" /Respondent .. आयकर अपील सं.य/ Assessment Year:2012-13 बनाम / Dcit, Circle-10 M/S. Kanoria P-7 Chowringhee Square, Chemicals & Industries V/S. 3Rd Kolkata-700 069, Limited, Park Plaza, 7Th Fl., 71 Park Street, Floor. Kolkata-700 016. अपीलाथ" /Appellant ""यथ" /Respondent ..

Section 14ASection 43A

…ns of the Hon’ble Bombay High Court and Hon’ble Rajasthan High Court and of co-ordinate Benches of this Tribunal, we find that the issue is squarely covered by the decision of the Hon’ble Apex Court of the country in the case of “CIT Vs. K. Srinivasan” (1972) 83 ITR 346, wherein the following questions came for adjudication before the Hon’ble Apex Court:- “ Whether the words “Income tax” in the Finance Act of 1964 in sub-s (2) and sub-s.(2)(b) of s. 2 would include surcharge and additional surcharge.” 20. The Hon’ble Supreme Court answered the question in favour of revenue observing as under:- “In our judgment it…

Perfetti Van Melle India Pvt. Ltd., Gurgaon vs. ACIT, Circle-3(1), Gurgaon

In the result, the additional ground raised by the assessee is allowed

ITA 463/DEL/2021[2016-17]Status: DisposedITAT Delhi22 Sept 2021AY 2016-17

Bench: The Income Tax Appellate Tribunal, Delhi Bench “I-2”, New Delhi

For Appellant: Mr. Deepak Chopra, AdvFor Respondent: Ms. Meera Shrivastava, CIT (DR)

Section 142(1)Section 143(2)Section 143(3)Section 271(1)(c)Section 80Section 80ISection 92C

…512-SC-2018-NT], the Supreme Court held that the expression “cess” means a tax levied for some special purpose, which may be levied as an increment to an existing tax. 91. In a landmark judgment of Hon’ble Supreme Court in the case of CIT vs. K Srinivasan in 83 ITR 346 has held that, “The expression “income tax” used in the Finance Act and the Income-tax Act includes surcharge and additional surcharge wherever provided in the Act. The surcharge, the special surcharge and the additional surcharge form part of the income-tax and super tax and are not separate taxes by themselves.” 92. Thus, there was never a cont…

ACIT, Circle- 19(1), New Delhi vs. Orient Bell Ltd., New Delhi

The appeal of the Revenue is dismissed

ITA 7534/DEL/2017[2016-17]Status: DisposedITAT Delhi25 Aug 2021AY 2016-17

Bench: Ms Suchitra Kamble & Sh. Prashant Maharishi

Section 115JSection 143Section 143(1)

…d and has concluded that while allowing MAT credit u/s 1 15JAA, surcharge and education cess are also required to be considered. 3. All such judgments have referred to and relied upon the judgment of Hon’ble Supreme Court in the case of K. Srinivasan v. CIT (83 ITR 346) which clarifies that the word “income tax” includes the amount of surcharge and cess wherever it is applicable. The Department in its Grounds of Appeal has referred judgment of the Delhi ITAT in the case of Richa Global Exports (P) Ltd. v. ACIT in ITA no. 2303/Del/2012. The Ld. AR submitted that the said judgment was rendered in 2012 and judgmen…

M/S Glaxosmithkline Asia Pvt. Ltd., Gurgaon vs. DCIT, Chandigarh

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

ITA 532/CHANDI/2014[2006-07]Status: DisposedITAT Chandigarh30 Jul 2021AY 2006-07

For Appellant: Shri Ajay Vohra, Sr.AdvFor Respondent: Smt. C. Chandrakanta, CIT DR

Section 143(3)Section 250(6)

…the adjudication of the same has invariably to be left and restored to the CIT(A). On the merits of the issue, the Ld. DR stated that the issue was covered against the assessee by the decision of the Hon'ble Apex Court in the case of CIT Vs. K.Srinivasan, 83 ITR 346 wherein the ITA No.2453/Del/2016 A.Y. 2005-06 & ITA No.532/Del/2014 A.Y. 2006-07 43 Hon'ble Apex Court had held that all surcharge and additional surcharge levied on income tax were in the nature of income tax itself and the education cess, therefore, was in the nature of income tax and thus not allowable as deduction by virtue of the provis…

Avaya India Private Limited, Mumbai vs. ACIT, Circle-1(1), Delhi

In the result, the appeal of the assessee is allowed

ITA 466/DEL/2021[2016-17]Status: DisposedITAT Delhi09 Jul 2021AY 2016-17

Bench: Sh. Kul Bharatdr. B. R. R. Kumar(Through Video Conferencing) Ita No. 466/Del/2021 : Asstt. Year : 2016-17 Avaya India Pvt. Ltd., Vs Acit, 202, Platina, 2Nd Floor, Plot No. Circle-1(1), C-59, G-Block, Bandra Kurla New Delhi Complex, Bandra(E), Mumabi, Maharashtra-400051 (Appellant) (Respondent) Pan No. Aaeca3592N Assessee By : Sh. Kamal Sawhney, Adv. Revenue By : Sh. Surender Pal, Cit Dr Date Of Hearing: 05.07.2021 Date Of Pronouncement: 09.07.2021

For Appellant: Sh. Kamal Sawhney, AdvFor Respondent: Sh. Surender Pal, CIT DR

Section 143(3)Section 144C(13)Section 92C

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘I-1’, NEW DELHI Before Sh. Kul Bharat, Judicial Member Dr. B. R. R. Kumar, Accountant Member (Through Video Conferencing) ITA No. 466/Del/2021 : Asstt. Year : 2016-17 Avaya India Pvt. Ltd., Vs ACIT, 202, Platina, 2nd Floor, Plot No. Circle-1(1), C-59, G-Block, Bandra Kurla New Delhi Complex, Bandra(E), Mumabi, Maharashtra-400051 (APPELLANT) (RESPONDENT) PAN No. AAECA3592N Assessee by : Sh. Kamal Sawhney, Adv. Revenue by : Sh. Surender Pal, CIT DR Date of Hearing: 05.07.2021 Date of Pronouncement: 09.07.2021 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The…

Tata Motors Ltd., Mumbai vs. DCIT (Ltu)-2, Mumbai

In the result, appeal of the assessee is allowed as indicated above

ITA 2397/MUM/2019[2014-15]Status: DisposedITAT Mumbai25 Jun 2021AY 2014-15

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Blem/S. Tata Motors Ltd., V. Dcit (Ltu) –2 Bombay House, 24 Homi Mody Street 29Th Floor, Centre -1 Hutatma Chowk, Mumbai - 400001 World Trade Centre, Cuffe Parade Mumbai - 400005 Pan: Aaact2727Q

For Appellant: Shri Nikhil TiwariFor Respondent: Shri Sunil Deshpande

Section 115JSection 154

…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…

Sayaji Industries Ltd., Ahmedabad vs. The Dy. Commissioner of Income Tax, Circle-4(1)(1), Ahmedabad

In the result, the appeal filed by the Assessee stands partly allowed for statistical purposes

ITA 2137/AHD/2018[2015-16]Status: DisposedITAT Ahmedabad13 May 2021AY 2015-16

For Appellant: Shri Aparna Parelkar, A.RFor Respondent: Shri S. S. Shukla, Sr. D.R

Section 115JSection 143(1)

…n the case of Richa Global Exports Pvt. Ltd. vs. ACIT (2012) 54 SOT 185/225 taxmann.com 01 (Del). 5. During the course of appellate proceedings[ before us the ld. counsel has placed reliance on the decision of Hon’ble Supreme Court in the CIT vs. Shrinivasan 83 ITR 346 stating that the term tax include surcharge. The ld. counsel has also placed reliance on the decision of Hyderabad ITAT in the case of Virtusa (India) (P.) Ltd. 67 taxmann.com 65 contending that the decision of Richa Global rendered in 2010-11 was distinguished in this case and held that MAT credit should be computed inclusive of surcharge and I.T…

Asian Paints Ltd, Mumbai vs. Addl CIT Ltu, Mumbai

Appeal of the revenue is dismissed

ITA 2754/MUM/2014[2009-10]Status: DisposedITAT Mumbai03 Feb 2021AY 2009-10

Bench: Shri Pramod Kumar () & Shri Saktijit Dey ()

…from running. Therefore, the purpose of the cess can not, be- equated to the purpose of running the business. 16. It isfurther submitted that Bombay HC decision is per-ujcuriam as it has not taken into account the Apex Court judgement in C1T v. K. Srinivasan 83 ITR 346 (SC) that holds that surcharge levied by the Finance Act every year is to be treated as income-tax. The Supreme Court in CIT vs K. Srinivasan 83 ITR 346 (SC) that holds that surcharge levied by the Finance Act every year is to be treated as income-tax. The Supreme Court in CIT vs K.Srinivasan (1972) held - held - headnote- Section 2 of the Finance…

Kids Clinic India Private Limited, Bangalore vs. Addl.C.I.T., Bangalore

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

ITA 784/BANG/2016[2011-12]Status: DisposedITAT Bangalore22 Jan 2021AY 2011-12

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaranassessment Year :2011-12 M/S.Kids Clinic India Pvt. Ltd., Vs. The Additional Commissioner Of Income Tax, No.1533, 9Th Main, Range - 5,Bengaluru. 3Rd Block, Jayanagar, Bengaluru – 560 071. Pan : Aacck 7678 R Assesseee By : Shri. Nageshwar Rao, Advocate : Revenue By Shri. Tshering Ongda, Jcit(Dr)(Itat), Bangalore Date Of Hearing : 19.1.2021 Date Of Pronouncement : 22.1.2021 O R D E R

Section 143(3)Section 40A(2)(a)

…er provisions of the Act. The Act does not define "surcharge" or "cess". It is only in the Finance Act that surcharge and cess is specifically provided for. The Assessee placed reliance on the Supreme Court ruling in the case of CIT vs. K. Shrinivasan [1972] (83 ITR 346), in which the Supreme Court after referring to legislative history dealing with levy of surcharge and after referring to Article 271 of Constitution of India conferring power on Parliament to increase taxes or duties by surcharge has held that the surcharge is part of income tax. The Assessee drew attention to section 2(29C) defining maximum marg…

M/S Honeywell Technology Solutions Lab Private Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-3(1)(2), Bangalore

In the result, the assessee's appeal is partly allowed

ITA 1210/BANG/2018[2010-11]Status: DisposedITAT Bangalore07 Jan 2021AY 2010-11

Bench: Shri N.V. Vasudevan & Shri Chandra Poojarim/S. Honeywell Technology Solutions Lab Pvt. Ltd., 151/1, Bannerghata Road, Doraisanpalya, Bangalore-560 076 ….Appellant Pan Aaach 4151J Vs. Dy. Commissioner Of Income Tax, Circle 3(1)(2), Bangalore. ……Respondent. Assessee By: Smt. Shreya Loyalka, C.A. Revenue By: Shri B.K. Panda, Cit (D.R)

For Appellant: Smt. Shreya Loyalka, C.AFor Respondent: Shri B.K. Panda, CIT (D.R)

Section 80J

…arge" which means "to charge too much or in addition" and also "additional tax". 'Surcharge' is also defined as an additional charge or tax levied on an existing tax. The Ld. DR relied on the judgment of the Hon'ble Supreme Court in the case of K. Srinivasan (83 ITR 346) which elucidated the concept of surcharge and equated it with an additional tax. It was held that the term 'income-tax' as employed in section 2 includes surcharge and additional surcharge whenever provided. The Ld. DR relied on the judgment of the Hon'ble Karnataka High Court in the case of International 40 Instruments (P.) Ltd. 144 ITR 936 whe…

Netmagic It Services P. Ltd, Mumbai vs. Deputy Commissioner of Income Tax 13(1)(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 5346/MUM/2017[2012-13]Status: DisposedITAT Mumbai23 Nov 2020AY 2012-13

Bench: Shri M.Balaganesh, Am & Shri Ram Lal Negi, Jm M/S. Netmagic It Services Pvt. Ltd., V Dy. Commissioner Of Lighthall „C‟ Building, S Income Tax 13(1)(1) 7Th Floor, Hiranandani Business Park, . Mumbai Saki Vihar Road Chandivali, Mumbai – 72 Pan/Gir No.Aaccn2366D (Appellant) . (Respondent) .

Section 115JSection 143(3)Section 234C

…of the difference between the tax on total income and the tax which would have been payable under the provisions of Section 115JB of the Act for that assessment year.” 6. We find that the Hon‟ble Supreme Court in the case of CIT vs. K. Srinivasan reported in 83 ITR 346 had categorically held that the term “tax” includes surcharge. The term “education cess” is a recent phenomenon introduced in the statute which is prevalent only in the last two decades. Hence, we hold that for the purpose of computation of MAT 4 M/s. Netmagic IT Services P. Ltd., credit u/s.115JAA of the Act, tax portion has to be inclusive of…

M/S Wires & Fabriks (Sa) Ltd., Kolkata vs. D.C.I.T Cir - 3(1), Kolkata

Appeal is allowed in above terms

ITA 863/KOL/2019[2013-14]Status: DisposedITAT Kolkata31 Dec 2019AY 2013-14

Bench: Shri P.M. Jagtap, V.P & Shri S. S. Godara, Jm आयकर अपीलसं./I.T.A No.863/Kol/2019 ("नधा"रण वष" / Assessment Year: 2013-14) Wires & Fabricks (Sa) Ltd. Vs. Dcit, Circle-3(1), Kolkata. 7, Chittaranjan Avenue, Laha Paint House, Kolkata – 700072. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaacw2586L (Appellant) .. (Respondent) Appellant By : Shri Rip Das, Fca Respondent By : Smt. Ranu Biswas, Sr. Dr सुनवाई क" तार"ख/ Date Of Hearing : 10/12/2019 घोषणा क" तार"ख/Date Of Pronouncement : 31/12/2019 आदेश / O R D E R Per Shri S. S. Godara: This Assessee’S Appeal For Assessment Year 2013-14 Arises Against The Commissioner Of Income Tax (A)-1, Kolkata Dated 12.02.2019 Passed In Case No.10591/Cit(A)-1/ Kol/Circle-3(1)/2016-17 Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. The Assessee’S Sole Substantive Grievance Canvassed In The Instant Appeal Challenges Correctness Of Both The Lower Authorities’ Action Declining 115Jaa Mat Credit As Prayed For In Section 154 Rectification Proceedings. The Cit(A)’S Detailed Discussion On Affirming The Assessing Officer’S Action To This Effect Reads As Under: “8. Grounds Of Appeal No. 2 & 3 Are Being Considered In A Consolidated Manner. It Was The Plea Of The Assessee That The A.O. Should Have Considered The Schedule Matc Of Itr6

For Appellant: Shri Rip Das, FCAFor Respondent: Smt. Ranu Biswas, Sr. DR

Section 115JSection 143(3)Section 154Section 155JSection 2(43)Section 244A

…and surcharge. 4. We have given our thoughtful consideration to rival contentions. We first of all notice that this tribunal’s coordinate bench’s order in Bhagwati Oxygen Ltd. vs. ACIT [2017] 167 ITD 645 (Kolkata-Trib.) considers CIT vs. K. Srinivasan [1972] 83 ITR 346 as well as Virtusa (India) (P) Ltd. vs. Dy. CIT [2016] 67 taxmann.com 65 (Hyderabad) to conclude that MAT credit includes both surcharge as well as education cess. Latter coordinate bench’s decision also appears to have M/s Richa Global Exports(P) Ltd. (supra) as it is evident from the case file. It further transpires that hon’ble Allahabad high c…

DCIT Ltu-1, Chennai vs. Wheels India Limited, Chennai

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

ITA 2597/CHNY/2017[2012-13]Status: DisposedITAT Chennai22 Oct 2019AY 2012-13

Bench: Shri N.R.S. Ganesan & Shri S. Jayaramanआयकर अपील सं./I.T.A.No.2597/Chny/2017 ("नधा"रण वष" / Assessment Year: 2012-13) Vs M/S. Wheels India Ltd., The Deputy Commissioner Of Income Tax, Padi, Chennai – 600 050. Large Taxpayer Unit – 1, Chennai – 34. Pan: Aaacw 0315K (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Dr.S. Pandian, Jcit ""यथ" क" ओर से/Respondent By : Shri R. Vijayaraghavan, Advocate सुनवाई क" तार"ख/Date Of Hearing : 25.07.2019 घोषणा क" तार"ख /Date Of Pronouncement : 22.10.2019

For Appellant: Dr.S. Pandian, JCITFor Respondent: Shri R. Vijayaraghavan, Advocate

Section 115JSection 143(3)Section 154

…rary, Sh. R. Vijayaraghavan, the Ld.counsel for the assessee, submitted that surcharge and education cess are part of income-tax in view of Article 271 of the Constitution of India. Placing reliance on the judgment of Apex Court in CIT v. K. Srinivasan (1972) 83 ITR 346, the Ld.counsel submitted that income-tax includes surcharge and education cess. Therefore, when the income-tax was adjusted, the surcharge and education cess also need to be adjusted. Hence, according to the Ld. counsel, the CIT(Appeals) by rightly following the order of this Tribunal in Saint Gobain Gyproc India Ltd. (supra), directed the Assess…

ACIT 2(1), Mumbai vs. Bajaj Electricals Ltd, Mumbai

In the result the appeals, of the assessee and Revenue, are partly allowed as indicated above

ITA 3811/MUM/2012[2008-09]Status: DisposedITAT Mumbai14 Oct 2019AY 2008-09

Bench: Sri Mahavir Singh, Jm & Sri M Balaganesh, Am आयकर अपील सुं./ Ita No. 3892/Mum/2011 (यिर्ाारण वर्ा / Assessment Years 2007-08) आयकर अपील सुं./ Ita No. 3789/Mum/2012 (यिर्ाारण वर्ा / Assessment Years 2008-09) Bajaj Electricals Limited The Asst. Commissioner Of 45/47, Bombay Lite Income Tax, (Osd), 2(1), बनाम/ Building, Veer Nariman Aayakar Bhavan, M.K. Road, Vs. Road, Fort Mumbai-400 001 Mumbai-400 020 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा सुं./Pan No. Aaacb2484Q आयकर अपील सुं./ Ita No. 4516/Mum/2011 (यिर्ाारण वर्ा / Assessment Years 2007-08) आयकर अपील सुं./ Ita No. 3811/Mum/2012 (यिर्ाारण वर्ा / Assessment Years 2008-09) The Asst. Commissioner Of Bajaj Electricals Limited Income Tax, (Osd), 2(1), 45/47, Bombay Lite Building, बनाम/ Aayakar Bhavan, M.K. Road, Veer Nariman Road, Fort Vs. Mumbai-400 020 Mumbai-400 001 (अपीलार्थी / Appellant) (प्रत्यर्थी/ Respondent) स्र्थायी लेखा सुं./Pan No. Aaacb2484Q

For Appellant: S/Shri Nitesh JoshiFor Respondent: Shri Sanjay Singh

Section 10(15)Section 143(3)Section 14A

…Bom) (FB). We admit the ground adjudicate the same. We have heard the rival contentions and gone through the 11. facts and circumstances of the case. We noted that this issue has been settled by Hon’ble Supreme Court in the case of cit vs. K. Srinivasan (1972)83 ITR 346 (SC), wherein Hon’ble Supreme Court has considered the issue of super tax and surcharge and held as under: - “In order to determine the point before us, which is of considerable complexity, it is necessary to trace the concept of surcharge in taxation laws in our country. The power to increase federal tax by surcharge by the federal legislature wa…

Asst CIT 2(1), Mumbai vs. Bajaj Electricals Ltd, Mumbai

In the result the appeals, of the assessee and Revenue, are partly allowed as indicated above

ITA 4516/MUM/2011[2007-08]Status: DisposedITAT Mumbai14 Oct 2019AY 2007-08

For Appellant: S/Shri Nitesh JoshiFor Respondent: Shri Sanjay Singh

Section 10(15)Section 143(3)Section 14A