CIT v. Konkan Marine Agencies

313 ITR 308High Court2009#5512 most cited

What is CIT v. Konkan Marine Agencies authority for?

Payments made by a business to labour unions or workers to ensure timely and emergency cargo handling are not prohibited by law and are thus deductible business expenses, even if receipts are not obtained from individual workers or payments are not made by cheque.

21

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2025.

Also referred to as

CIT v. Konkan Marine Agencies · 313 ITR 308 · section 37(1) · illegal payment · prohibited by law · prevailing practice in trade · payment to labour union · emergency operations cargo handling · deductibility of expenses

Issues it is cited on

Judgments citing CIT v. Konkan Marine Agencies

SHETH AND SURA ENGINEERS P.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 6,, PUNE

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

ITA 45/PUN/2019[2015-16]Status: DisposedITAT Pune13 Jan 2022AY 2015-16

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.45/Pun/2019 िनधा"रण वष" / Assessment Year: 2015-16 Sheth & Sura Engineers Pvt. Vs. Acit, Circle-6, Ltd., Pune. 263/1, Aqua House, Sinhagad Road, Near Parvati Overbridge, Pune- 411026. Pan : Aaecs1737P Appellant Respondent Assessee By : None Revenue By Shri Piyush Kumar Singh Yadav : Date Of Hearing : 12.01.2022 Date Of Pronouncement : 13.01.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 4, Pune [‘Cit(A)’ For Short] Dated 16.10.2018 For The Assessment Year 2015-16. 2. The Appellant Raised The Following Grounds Of Appeal :- “The Following Grounds Are Taken Without Prejudice To Each Other - On Facts & In Law, 1) The Learned Cit (A) Has Erred In Confirming The Disallowance Made By The Learned A.O. From Payment Of Labour Charges. The Disallowance Of Labour Charges Were Made Merely On Ad

For Appellant: None
Section 143(3)

…-hoc disallowance was not accepted in the case of Sri Ganesh Shipping Agency vs. ACIT, 435 ITR 143 following its earlier decisions in the case of (i) CIT vs. Clifford D'Souza (IT Appeal No. 22 of 2011, dated 24-2-2015) and (ii) CIT vs. Konkan Marine Agencies, 313 ITR 308 (Kar.). Similarly, the Hon’ble Rajasthan High Court in the case of CIT vs. Consulting Engineering Group Ltd., 365 ITR 284 held that in the absence of evidence of bogus payment, the disallowance of part of payment on estimate basis was held to be unjustified. Further, the jurisdiction of the ld. CIT(A) is only confined to deciding the reality of t…

DCIT, CORPORATE CIRCLE - 2 (1),, CHENNAI vs. M/S. GANGES INTERNATIONALE PVT. LTD.,, NEW DELHI

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

ITA 3370/CHNY/2019[2016-17]Status: DisposedITAT Chennai09 Apr 2021AY 2016-17

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaramanआयकर अपील सं./I.T.A. No. 3370/Chny/2019 िनधा"रण वष"/Assessment Year:2016-17 The Deputy Commissioner Of M/S. Ganges International Pvt. Ltd., Income Tax, Corporate Circle 2(1), Vs. B-36, Lawrence Road, Room No. 511, 5Th Floor, Wanaparthy Industrial Area, Block, No. 121, M.G. Road, New Delhi 110 035. Chennai 600 034. [Pan:Aaacg4177F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Johnson, Addl. Cit ""थ" की ओर से/Respondent By : Shri Ved Jain, C.A. सुनवाई की तारीख/ Date Of Hearing : 16.03.2021 घोषणा की तारीख /Date Of Pronouncement : 09.04.2021 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 6, Chennai Dated 25.09.2019 Relevant To The Assessment Year 2016-17. The Effective Ground Raised By The Revenue Is That The Ld. Cit(A) Has Erred In Deleting The Addition On Account Of Disallowance Of Commission Paid To M/S. Amikong Pte Ltd. For ₹.2,66,91,976/- & M/S. Poushali Sales Pvt. Ltd. For ₹.69,74,865/-.

For Appellant: Shri G. Johnson, Addl. CITFor Respondent: Shri Ved Jain, C.A
Section 143(3)Section 154Section 37

…on evidence that payments were genuine- No question of law arises-Income tax Act 1961) ss37) 256(2)” Reliance is also to be placed upon following judgements:- (i) Income tax Officer Vs. Shyam Sunder Jajodia (2008)26 SOT541; (ii) CIT vs. Konkan Marine Aencies 313 ITR 308. (iii) CIT vs. Printers House (P) Ltd. (2010) 188 Taxman 70(Delhi) (iv) DCIT vs. Chandabh Impex Pvt. Ltd. (2013). (v) Aluminium Corporation of India Ltd. vs. CIT (1972)86ITR 11; (vi) CIT Vs. Ishwar Prakash and Bros (1986) 159 ITR 843 xiv. The appellant submitted copy of the financials of Poushali Sales Pvt Ltd., along with Income Tax Return ackno…

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CIT v. Konkan Marine Agencies (313 ITR 308) — Cited in 21 Judgments | BharatTax