CIT v. Konkan Marine Agencies

313 ITR 308High Court2009#5503 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 366,339 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

Sections most often in play

Section 133(6)Section 143(2) of the ActSection 143(3)Section 143(3) r.w.s. 143(3A) & 443(3B) of the ActSection 1961Section 250 of the Income Tax ActSection 271(1)(c)Section 37(1)

Issues it is cited on

illegal paymentexplanation to section 37prohibited by lawrule of consistencysection 44adsection 153a(1)regular assessmentreopening of assessmentsection 132(4)genuineness of the transactionsection 37section 44ab

Judgments citing CIT v. Konkan Marine Agencies

Commissioner of Income Tax vs. Sri Clifford D Soza

ITA/22/2011HC Karnataka24 Feb 2015

Bench: S.SUJATHA,VINEET SARAN

Section 260

…bourers through four sub-contractors. It was lastly contended that the Tribunal as well as the CIT(Appeals) have wrongly placed reliance on the decision of this Court in the case of Commissioner of Income Tax & another –vs- Konkan Marine Agencies (2009) 313 ITR 308 as the facts of the said case were different from the facts of the case on hand. 4. On the other hand, the learned counsel for the respondent-assessee has submitted the very fact that 70% of the payment made has been allowed by the Assessing Officer would be a admission on the part of the Department that the sub-contracto…