CIT v. Karma Energy Ltd.

57 Taxmann.com 235High Court2015#5874 most cited

What is CIT v. Karma Energy Ltd. authority for?

Disallowance of depreciation on a windmill is deleted if there is no documentary evidence to prove that the assessee paid excess money for its purchase which was subsequently returned. Additions cannot be made based on conjectures and surmises.

20

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2016 to 2025.

Also referred to as

CIT v. Karma Energy Ltd. · depreciation on windmill · disallowance of depreciation · excess payment for windmill · documentary evidence · conjectures and surmises · addition to income

Also reported as

375 ITR 264

Sections most often in play

Section 115JBSection 35ADSection 35AD(7B)Section 14ASection 35AD(7A)Section 69ASection 143(3)Section 153A
Read the full judgment

Issues it is cited on

section 40(a)(2)(b)new employeessection 2(19aa)section 92ca(2)section 35adcommercial substancefunctional analysisinterest on interestnav methodsection 92c(2)section 32(1)(ii)commercial rights

Judgments citing CIT v. Karma Energy Ltd.

Mahadhan Agritech Limited (Formerly Known As Smartchem Technologies Ltd), Mumbai vs. Assistant Commissioner of Income Tax Central Circle 8(1), Mumbai

In the result, the appeals filed by the assessee are

ITA 5423/MUM/2024[2020-21]Status: DisposedITAT Mumbai24 Jul 2025AY 2020-21
Section 115JSection 132Section 143(3)Section 153ASection 69A

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘D’ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA No.2227/Mum/2024 (Assessment Year :2017-18) ITA No.2228/Mum/2024 (Assessment Year :2016-17) ITA No.2229/Mum/2024 (Assessment Year :2018-19) ITA No.3937/Mum/2024 (Assessment Year :2019-20) ITA No.5423/Mum/2024 (Assessment Year :2020-21) Mahadhan AgriTech Limited (Formerly known as Smartchem Technologies Ltd.) Survey No.93, Sai Hira Mundhwa, Pune-411036 Vs. Assistant Commissioner of Income Tax, Central Circle 8(1), Mumbai PAN/GIR No.AACCA5046P (Appellant) .. (Respondent) ITA…

Mahadhan Agritech Limited (Formerly Known As Smartchem Technologies Limited ), Mumbai vs. Deputy Commissioner of Income Tax, Central Circle -8(1), Mumbai

In the result, the appeals filed by the assessee are allowed, and the appeal filed by the Revenue is dismissed

ITA 3937/MUM/2024[2019-20]Status: DisposedITAT Mumbai24 Jul 2025AY 2019-20

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 115JSection 132Section 143(3)Section 153ASection 69A

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘D’ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA No.2228/Mum/2024 (Assessment Year :2016-17) ITA No.3937/Mum/2024 (Assessment Year :2019-20) Mahadhan AgriTech Limited Vs. Assistant Commissioner (Formerly known as of Income Tax, Central Smartchem Technologies Circle 8(1), Mumbai Ltd.) Survey No.93, Sai Hira Mundhwa, Pune-411036 PAN/GIR No.AACCA5046P (Appellant) .. (Respondent) Dy.Commissioner of Vs. Mahadhan AgriTech Income Tax, Central Limited Circle 8(1), Mumbai (Formerly known as Smartchem Technologies Ltd.) Survey N…

DCIT Central Circle 8(1), Mumbai vs. Mahadhan Agritech Limited, Pune

In the result, the appeals filed by the assessee are allowed, and the appeal filed by the Revenue is dismissed

ITA 3569/MUM/2024[2019-20]Status: DisposedITAT Mumbai24 Jul 2025AY 2019-20

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 115JSection 132Section 143(3)Section 153ASection 69A

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘D’ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA No.2228/Mum/2024 (Assessment Year :2016-17) ITA No.3937/Mum/2024 (Assessment Year :2019-20) Mahadhan AgriTech Limited Vs. Assistant Commissioner (Formerly known as of Income Tax, Central Smartchem Technologies Circle 8(1), Mumbai Ltd.) Survey No.93, Sai Hira Mundhwa, Pune-411036 PAN/GIR No.AACCA5046P (Appellant) .. (Respondent) Dy.Commissioner of Vs. Mahadhan AgriTech Income Tax, Central Limited Circle 8(1), Mumbai (Formerly known as Smartchem Technologies Ltd.) Survey N…

Mahadhan Agritech Limited (Formerly Known As Smartchem Technologies Ltd, Mumbai vs. Commissioner of Income Tax(Appeal)--50, Mumai

In the result, the appeals filed by the assessee are allowed, and the appeal filed by the Revenue is dismissed

ITA 2229/MUM/2024[2018-19]Status: DisposedITAT Mumbai24 Jul 2025AY 2018-19

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 115JSection 132Section 143(3)Section 153ASection 69A

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘D’ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA No.2228/Mum/2024 (Assessment Year :2016-17) ITA No.3937/Mum/2024 (Assessment Year :2019-20) Mahadhan AgriTech Limited Vs. Assistant Commissioner (Formerly known as of Income Tax, Central Smartchem Technologies Circle 8(1), Mumbai Ltd.) Survey No.93, Sai Hira Mundhwa, Pune-411036 PAN/GIR No.AACCA5046P (Appellant) .. (Respondent) Dy.Commissioner of Vs. Mahadhan AgriTech Income Tax, Central Limited Circle 8(1), Mumbai (Formerly known as Smartchem Technologies Ltd.) Survey N…

Mahadhan Agritech Limited (Formerly Knwon As Smartech Technologies Ltd ), Mumbai vs. Commissioner of Income Tax (Appeals)-Mumbai-50, Mumbai

In the result, the appeals filed by the assessee are

ITA 2228/MUM/2024[2016-17]Status: DisposedITAT Mumbai24 Jul 2025AY 2016-17
Section 115JSection 132Section 143(3)Section 153ASection 69A

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘D’ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA No.2227/Mum/2024 (Assessment Year :2017-18) ITA No.2228/Mum/2024 (Assessment Year :2016-17) ITA No.2229/Mum/2024 (Assessment Year :2018-19) ITA No.3937/Mum/2024 (Assessment Year :2019-20) ITA No.5423/Mum/2024 (Assessment Year :2020-21) Mahadhan AgriTech Limited (Formerly known as Smartchem Technologies Ltd.) Survey No.93, Sai Hira Mundhwa, Pune-411036 Vs. Assistant Commissioner of Income Tax, Central Circle 8(1), Mumbai PAN/GIR No.AACCA5046P (Appellant) .. (Respondent) ITA…

Mahadhan Agritech Limited (Formerly Known As Smartech Technologies Ltd, Mumbai vs. Commissioner of Income Tax (Appeals)-Mumbai.50, Mumbai

In the result, the appeals filed by the assessee are allowed, and the appeal filed by the Revenue is dismissed

ITA 2227/MUM/2024[2017-18]Status: DisposedITAT Mumbai24 Jul 2025AY 2017-18

Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

Section 115JSection 132Section 143(3)Section 153ASection 69A

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘D’ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA No.2228/Mum/2024 (Assessment Year :2016-17) ITA No.3937/Mum/2024 (Assessment Year :2019-20) Mahadhan AgriTech Limited Vs. Assistant Commissioner (Formerly known as of Income Tax, Central Smartchem Technologies Circle 8(1), Mumbai Ltd.) Survey No.93, Sai Hira Mundhwa, Pune-411036 PAN/GIR No.AACCA5046P (Appellant) .. (Respondent) Dy.Commissioner of Vs. Mahadhan AgriTech Income Tax, Central Limited Circle 8(1), Mumbai (Formerly known as Smartchem Technologies Ltd.) Survey N…

DCIT Cir. 4(3)(2), Mumbai vs. Morgan Stanley India Co. Pvt. Ltd., Mumbai

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

ITA 2720/MUM/2016[2008-09]Status: DisposedITAT Mumbai30 Jun 2023AY 2008-09
Section 32(1)Section 40Section 40A(2)Section 92Section 92CSection 92C(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘J‘ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & MS PADMAVATHY S, ACCOUNTANT MEMBER ITA No.1952/Mum/2014 (Assessment Year :2003-04) CO No.218/Mum/2016 (Arising Out of ITA No.2720/Mum/2016) (Assessment Year: 2008-09) & M/s. Morgan Stanley India Vs. Additional Company Private Limited Commissioner of 18F/19F, Tower 2, Income Tax-Range 4(3) One Indiabulls Centre Mumbai – 400 020 841, Senapati Bapat Marg Mumbai- 400 013 PAN/GIR No.AAACJ4998F (Appellant) .. (Respondent) Addl/Dy. Vs. M/s. J M Morgan Stanley Commissioner of Securities Pvt. Ltd. Income Tax-Range Forbes…

Morgan Stanley India Company P. Ltd, Mumbai vs. Addl CIT 4(3), Mumbai

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

ITA 1714/MUM/2016[2008-09]Status: DisposedITAT Mumbai30 Jun 2023AY 2008-09
Section 32(1)Section 40Section 40A(2)Section 92Section 92CSection 92C(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘J‘ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & MS PADMAVATHY S, ACCOUNTANT MEMBER ITA No.1952/Mum/2014 (Assessment Year :2003-04) CO No.218/Mum/2016 (Arising Out of ITA No.2720/Mum/2016) (Assessment Year: 2008-09) & M/s. Morgan Stanley India Vs. Additional Company Private Limited Commissioner of 18F/19F, Tower 2, Income Tax-Range 4(3) One Indiabulls Centre Mumbai – 400 020 841, Senapati Bapat Marg Mumbai- 400 013 PAN/GIR No.AAACJ4998F (Appellant) .. (Respondent) Addl/Dy. Vs. M/s. J M Morgan Stanley Commissioner of Securities Pvt. Ltd. Income Tax-Range Forbes…

DCIT 4(3), Mumbai vs. Jm Morgan Stanley Securities P. Ltd, Mumbai

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

ITA 2637/MUM/2014[2003-04]Status: DisposedITAT Mumbai30 Jun 2023AY 2003-04
Section 32(1)Section 40Section 40A(2)Section 92Section 92CSection 92C(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘J‘ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & MS PADMAVATHY S, ACCOUNTANT MEMBER ITA No.1952/Mum/2014 (Assessment Year :2003-04) CO No.218/Mum/2016 (Arising Out of ITA No.2720/Mum/2016) (Assessment Year: 2008-09) & M/s. Morgan Stanley India Vs. Additional Company Private Limited Commissioner of 18F/19F, Tower 2, Income Tax-Range 4(3) One Indiabulls Centre Mumbai – 400 020 841, Senapati Bapat Marg Mumbai- 400 013 PAN/GIR No.AAACJ4998F (Appellant) .. (Respondent) Addl/Dy. Vs. M/s. J M Morgan Stanley Commissioner of Securities Pvt. Ltd. Income Tax-Range Forbes…

Morgan Stanley India Company P.Ltd, Mumbai vs. Asst CIT RG 4(3), Mumbai

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

ITA 1952/MUM/2014[2003-04]Status: DisposedITAT Mumbai30 Jun 2023AY 2003-04
Section 32(1)Section 40Section 40A(2)Section 92Section 92CSection 92C(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘J‘ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & MS PADMAVATHY S, ACCOUNTANT MEMBER ITA No.1952/Mum/2014 (Assessment Year :2003-04) CO No.218/Mum/2016 (Arising Out of ITA No.2720/Mum/2016) (Assessment Year: 2008-09) & M/s. Morgan Stanley India Vs. Additional Company Private Limited Commissioner of 18F/19F, Tower 2, Income Tax-Range 4(3) One Indiabulls Centre Mumbai – 400 020 841, Senapati Bapat Marg Mumbai- 400 013 PAN/GIR No.AAACJ4998F (Appellant) .. (Respondent) Addl/Dy. Vs. M/s. J M Morgan Stanley Commissioner of Securities Pvt. Ltd. Income Tax-Range Forbes…

ACIT 4(3), Mumbai vs. Morgan Stanley India Co. Pvt. Ltd., Mumbai

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

ITA 1235/MUM/2014[2009-10]Status: DisposedITAT Mumbai30 Jun 2023AY 2009-10
Section 32(1)Section 40Section 40A(2)Section 92Section 92CSection 92C(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘J‘ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & MS PADMAVATHY S, ACCOUNTANT MEMBER ITA No.1952/Mum/2014 (Assessment Year :2003-04) CO No.218/Mum/2016 (Arising Out of ITA No.2720/Mum/2016) (Assessment Year: 2008-09) & M/s. Morgan Stanley India Vs. Additional Company Private Limited Commissioner of 18F/19F, Tower 2, Income Tax-Range 4(3) One Indiabulls Centre Mumbai – 400 020 841, Senapati Bapat Marg Mumbai- 400 013 PAN/GIR No.AAACJ4998F (Appellant) .. (Respondent) Addl/Dy. Vs. M/s. J M Morgan Stanley Commissioner of Securities Pvt. Ltd. Income Tax-Range Forbes…

Morgan Stanley India Company P.Ltd, Mumbai vs. Addl CIT RG 4(3), Mumbai

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

ITA 1018/MUM/2014[2009-10]Status: DisposedITAT Mumbai30 Jun 2023AY 2009-10
Section 32(1)Section 40Section 40A(2)Section 92Section 92CSection 92C(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘J‘ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & MS PADMAVATHY S, ACCOUNTANT MEMBER ITA No.1952/Mum/2014 (Assessment Year :2003-04) CO No.218/Mum/2016 (Arising Out of ITA No.2720/Mum/2016) (Assessment Year: 2008-09) & M/s. Morgan Stanley India Vs. Additional Company Private Limited Commissioner of 18F/19F, Tower 2, Income Tax-Range 4(3) One Indiabulls Centre Mumbai – 400 020 841, Senapati Bapat Marg Mumbai- 400 013 PAN/GIR No.AAACJ4998F (Appellant) .. (Respondent) Addl/Dy. Vs. M/s. J M Morgan Stanley Commissioner of Securities Pvt. Ltd. Income Tax-Range Forbes…

Addl CIT RG 4(3), Mumbai vs. Morgan Stanley India Co P. Ltd, Mumbai

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

ITA 831/MUM/2013[2007-08]Status: DisposedITAT Mumbai30 Jun 2023AY 2007-08
Section 32(1)Section 40Section 40A(2)Section 92Section 92CSection 92C(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘J‘ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & MS PADMAVATHY S, ACCOUNTANT MEMBER ITA No.1952/Mum/2014 (Assessment Year :2003-04) CO No.218/Mum/2016 (Arising Out of ITA No.2720/Mum/2016) (Assessment Year: 2008-09) & M/s. Morgan Stanley India Vs. Additional Company Private Limited Commissioner of 18F/19F, Tower 2, Income Tax-Range 4(3) One Indiabulls Centre Mumbai – 400 020 841, Senapati Bapat Marg Mumbai- 400 013 PAN/GIR No.AAACJ4998F (Appellant) .. (Respondent) Addl/Dy. Vs. M/s. J M Morgan Stanley Commissioner of Securities Pvt. Ltd. Income Tax-Range Forbes…

Morgan Stanley India Company P.Ltd, Mumbai vs. Addl CIT RG 4(3), Mumbai

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

ITA 7675/MUM/2012[2007-08]Status: DisposedITAT Mumbai30 Jun 2023AY 2007-08
Section 32(1)Section 40Section 40A(2)Section 92Section 92CSection 92C(2)

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘J‘ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & MS PADMAVATHY S, ACCOUNTANT MEMBER ITA No.1952/Mum/2014 (Assessment Year :2003-04) CO No.218/Mum/2016 (Arising Out of ITA No.2720/Mum/2016) (Assessment Year: 2008-09) & M/s. Morgan Stanley India Vs. Additional Company Private Limited Commissioner of 18F/19F, Tower 2, Income Tax-Range 4(3) One Indiabulls Centre Mumbai – 400 020 841, Senapati Bapat Marg Mumbai- 400 013 PAN/GIR No.AAACJ4998F (Appellant) .. (Respondent) Addl/Dy. Vs. M/s. J M Morgan Stanley Commissioner of Securities Pvt. Ltd. Income Tax-Range Forbes…

ACIT Cir 7(3)(1), Mumbai vs. Parenteral Drugs (India) Ltd., Mumbai

In the result, appeal of the Revenue is dismissed

ITA 2777/MUM/2018[2009-10]Status: DisposedITAT Mumbai30 Sept 2022AY 2009-10

Bench: Us.

Section 143(3)Section 148Section 151Section 68Section 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘C‘ BENCH MUMBAI BEFORE: SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI M.BALAGANESH, ACCOUNTANT MEMBER ACIT CIR. 7(3)(1) Vs. M/s. Parenteral Drugs Room No.12, Ground Floor (India) Ltd., 340, 3rd Floor, Aayakar Bhavan M.K.Road, Churchgate Laxmi Plaza, Mumbai - 20 Laxmi Industrial Estate New Link Road, Andheri(W) Mumbai – 400 058 PAN/GIR No.AAACP2820L (Appellant) .. (Respondent) Assessee by Shri Satish Modi Revenue by Shri Ravinder Sindhu Date of Hearing 20/09/2022 Date of Pronouncement 30/09/2022 आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in ITA No.2777/Mum/20…

ITO 4(3)(4), Mumbai vs. J.M. Morgan Stanley Securities P. Ltd, Mumbai

In the result this ground of appeal is dismissed

ITA 1582/MUM/2011[2004-05]Status: DisposedITAT Mumbai05 Oct 2021AY 2004-05

Bench: Shri Mahavir Singh & Shri S. Rifaur Rahman

For Appellant: Shri Vatsalya SaxenaFor Respondent: Shri Sunil Lala

…IN THE INCOME TAX APPELLATE TRIBUNAL “J” BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA no.1164/Mum./2011 (Assessment Year : 2004–05) Morgan Stanley India Company P. Ltd. 18F/19F, One India Bulls Centre Tower–2B, 841, Jupiter Mills ……………. Appellant Off Senapati Bapat Marg Lower Parel, Mumbai 400 013 PAN – AAACJ4998F v/s Income Tax Officer ……………. Respondent Ward–4(3)(4), Mumbai ITA no.1582/Mum./2011 (Assessment Year : 2004–05) Dy. Commissioner of Income Tax ……………. Appellant Circle–4(3), Mumbai v/s Morgan Stanley India Company P. Ltd. 18F/19F, One India B…

Morgan Stanley India Company P. Ltd, Mumbai vs. ITO 4(3)(4), Mumbai

In the result this ground of appeal is dismissed

ITA 1164/MUM/2011[2004-05]Status: DisposedITAT Mumbai05 Oct 2021AY 2004-05

Bench: Shri Mahavir Singh & Shri S. Rifaur Rahman

For Appellant: Shri Vatsalya SaxenaFor Respondent: Shri Sunil Lala

…IN THE INCOME TAX APPELLATE TRIBUNAL “J” BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA no.1164/Mum./2011 (Assessment Year : 2004–05) Morgan Stanley India Company P. Ltd. 18F/19F, One India Bulls Centre Tower–2B, 841, Jupiter Mills ……………. Appellant Off Senapati Bapat Marg Lower Parel, Mumbai 400 013 PAN – AAACJ4998F v/s Income Tax Officer ……………. Respondent Ward–4(3)(4), Mumbai ITA no.1582/Mum./2011 (Assessment Year : 2004–05) Dy. Commissioner of Income Tax ……………. Appellant Circle–4(3), Mumbai v/s Morgan Stanley India Company P. Ltd. 18F/19F, One India B…

Shriram Jawahar Sahakari Sakhar Udyog vs. Deputy Commissioner of Income-Tax

In the result, the appeal of assessee is allowed

ITA 430/PUN/2015[2010-11]Status: DisposedITAT Pune07 Jun 2019AY 2010-11

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

For Appellant: Shri Kishore Phadke &For Respondent: Shri S.B. Prasad, CIT
Section 143(3)Section 194CSection 40

…ein the Hon’ble High Court has held reimbursement of expenses cannot be regarded as revenue receipts and hence tax need not be deducted at source from such payments. We also find the Hon’ble Bombay High Court in the case of CIT Vs. Karma Energy Ltd. (2015) 375 ITR 264 (Bom) has held that when the payments made to a group company was not in the nature of income but was expenditure which was reimbursed then disallowance u/s 40(a)(ia) of the Act was not warranted. Relying on the aforesaid decisions, we are of the view that in the present case, AO was not justified in invoking the provisions of Sec.40(a)(ia) of t…

DCIT - 1(2), Mumbai vs. M/S Martin & Harris Laboratories Ltd., Mumbai

In the result, both the appeals filed by the revenue are dismissed

ITA 4494/MUM/2013[2009-10]Status: DisposedITAT Mumbai25 May 2016AY 2009-10

Bench: S/Shri B.R. Baskaran (Am) & Amit Shukla (Jm)

Section 40

…ract liability to deduct tax at source and hence no disallowance u/s 40(a)(ia) for non-deduction of tax at source is required. The Ld A.R submitted that the above said decision of the Tribunal has since been upheld by the Hon’ble Bombay High Court reported in 375 ITR 264, wherein the Hon’ble High Court has held that the does not give rise to any substantial question of law. 9. On the contrary, the Ld D.R placed heavy reliance on the order passed by the AO. 10. Having heard the rival contentions, we are of the view that the order passed by Ld CIT(A) does not call for interference. We notice that major part of re…

DCIT-1(2), Mumbai vs. M/S Martin & Harris Laboratories Ltd., Mumbai

In the result, both the appeals filed by the revenue are dismissed

ITA 4493/MUM/2013[2008-09]Status: DisposedITAT Mumbai25 May 2016AY 2008-09

Bench: S/Shri B.R. Baskaran (Am) & Amit Shukla (Jm)

Section 40

…ract liability to deduct tax at source and hence no disallowance u/s 40(a)(ia) for non-deduction of tax at source is required. The Ld A.R submitted that the above said decision of the Tribunal has since been upheld by the Hon’ble Bombay High Court reported in 375 ITR 264, wherein the Hon’ble High Court has held that the does not give rise to any substantial question of law. 9. On the contrary, the Ld D.R placed heavy reliance on the order passed by the AO. 10. Having heard the rival contentions, we are of the view that the order passed by Ld CIT(A) does not call for interference. We notice that major part of re…

CIT v. Karma Energy Ltd. (57 Taxmann.com 235) — Cited in 20 Judgments | BharatTax