How many judgments cite CIT v. Kwality Biscuits Ltd.?

32 judgments on BharatTax cite CIT v. Kwality Biscuits Ltd. (284 ITR 434), spanning 2006 to 2025.

Which sections of the Income Tax Act does CIT v. Kwality Biscuits Ltd. come up under?

It is most often cited in judgments turning on Section 115JB, Section 234B, Section 234C, Section 154, Section 271(1)(c), Section 14.

CIT v. Kwality Biscuits Ltd.

284 ITR 434Supreme Court of India2006#3672 most cited

What is CIT v. Kwality Biscuits Ltd. authority for?

Interest under sections 234B and 234C is not attracted in cases where income is assessed under Minimum Alternate Tax (MAT) provisions under section 115JB.

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2006 to 2025.

Also referred to as

CIT v. Kwality Biscuits Ltd. · section 115JB · section 234B · section 234C · MAT · minimum alternate tax · advance tax · interest on advance tax

Sections most often in play

Section 115JB Section 234B Section 234C Section 154 Section 271(1)(c)Section 14 Section 148 Section 178(6)

Issues it is cited on

section 207 section 178(6)section 31(1)minimum alternate tax section 211 section 238 section 60 section 115ja section 32(1)(iia)statutory dues additional depreciation section 153a(1)(a)

Judgments citing CIT v. Kwality Biscuits Ltd.

M/S. Aztecsoft (Now Merged With Mindtree Ltd), Bangalore vs. DCIT, Bangalore

In the result, the appeal of the assessee is allowed for statistical purpose

ITA 1434/BANG/2010[2006-07]Status: DisposedITAT Bangalore31 Mar 2017AY 2006-07

Bench: Shri Sunil Kumar Yadav & Shri S. Jayaraman

For Appellant: Shri. Chytanya K. K, AdvocateFor Respondent: Smt. Preethi Garg, CIT-DR

Section 10ASection 144CSection 92C

…to be rejected. IT(TP)A No.1434/Bang/2010 Page 5 of 9 24. The appellant denies liability for interest u/s 234B on the adjustment made u/s 92CA of the Act and relies on the decision of the Supreme Court in the case of Kwality Biscuits Ltd Vs CIT reported in 284 ITR 434. 25. The appellant denies the liabilities for interest u/s 234 B. Further prays that the interest if any should be levied only on returned income. 26. No opportunity has been given before levy of interest u/s 234B & 234D of IT Act. 27. Without prejudice to the appellant's right of seeking waiver before appropriate authority the appellant begs f…

DCIT Cir 3(3), Mumbai vs. Sicom Ltd, Mumbai

In the result, appeal of Revenue is dismissed whereas appeal of the assessee is allowed in part in terms indicated hereinabove

ITA 1685/MUM/2009[2003-2004]Status: DisposedITAT Mumbai06 Dec 2016AY 2003-2004

Bench: Shri R.C.Sharma, Am & Shri Amarjit Singh, Jm M/S. Sicom Ltd., Vs. Dcit – 3(3) – Mumbai-20 Nirmal, 1St Floor, Nariman Point, Mumbai – 400 021 Pan/Gir No. Aaacs5524J Appellant) .. Respondent) & Dcit – 3(3) – Mumbai- Vs. M/S. Sicom Ltd., Nirmal, 1St Floor, Nariman Point, 20 Mumbai – 400 021 Pan/Gir No. Aaacs5524J Appellant) .. Respondent)

Section 115JSection 143(3)Section 234BSection 41

…thorities, it is submitted that the levy of interest under section 234B is not warranted also for the reason that the assessee had returned income under section 115JB (MAT provisions) and in terms of decisions of Supreme Court in CIT vs. Kwality Biscuits Ltd (284 ITR 434)(SC) and Bombay High Court in the case of Snowcem India Ltd vs. DCIT (2009-TIOL-39-HC-MUM- IT), the provisions of advance tax chapter including section 234B are not at all attracted in a case where income is assessed under MAT provisions. 4.0 Your appellant craves leave to add to, amend, alter, delete and/or modify the above grounds of appeal on…

Sicom Ltd, Mumbai vs. DCIT RG 3(3), Mumbai

In the result, appeal of Revenue is dismissed whereas appeal of the assessee is allowed in part in terms indicated hereinabove

ITA 1522/MUM/2009[2003-2004]Status: DisposedITAT Mumbai06 Dec 2016AY 2003-2004

Section 115JSection 143(3)Section 234BSection 41

Doubledot Finance Ltd, Mumbai vs. DCIT RG 4(1), Mumbai

In the result, appeal of the assessee is allowed for statistical

ITA 3571/MUM/2015[2010-11]Status: DisposedITAT Mumbai17 Aug 2016AY 2010-11

Bench: Shri D.Karunakara Rao

Section 115JSection 14ASection 207Section 234B

…ering the above, I am of the view that the interest should not be levied without examining the peculiar facts and circumstances of the case. AO is directed to examine the same and applying the cited Supreme Court’s judgments in the case of Kwality Biscuits (284 ITR 434) & Rolta India (330 ITR 470) etc. AO shall grant opportunity of being heard to the assessee properly. Accordingly, the additional ground raised by the assessee is decided as above. 11. In the result, appeal of the assessee is allowed for statistical purpose. Order pronounced in the open court on this 17th day of August, 2016. (D.KARUNAKARA…

Ashish Fiscal Services P. Ltd, Mumbai vs. DCIT 3(1), Mumbai

In the result, the assessee’s appeal is dismissed

ITA 2573/MUM/2014[2008-09]Status: DisposedITAT Mumbai02 Aug 2016AY 2008-09

Bench: Shri Sanjay Arora, Am & Shri Ram Lal Negi, Jm आयकर अपील सं./I.T.A. No. 2573/Mum/2014 ("नधा"रण वष" / Assessment Year: 2008-09) Ashish Fiscal Services Pvt. Ltd. Dy. Cit-3(1), बनाम/ 115, Maker Chambers-Iii, Aayakar Bhavan, Nariman Point, Mumbai-400 021 M. K. Marg, Mumbai-400 020 Vs. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaaca 3319 F (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Jitendra Jain ""यथ" क" ओर से/Respondent By : Ms. Arju Garodia

For Appellant: Shri Jitendra JainFor Respondent: Ms. Arju Garodia

Section 143(3)Section 2Section 208Section 234CSection 234C(1)Section 234C(1)(b)

…Income Tax Appeal No. 238 of 2006 dated 05.1.2009/copy on record), being after the close of the relevant previous year, would also not apply. Per the said decision, the Hon’ble Bombay High Court, following the decision in CIT vs. Quality Biscuits Ltd. [2000] 284 ITR 434 (SC), appeal against which stands dismissed by the Apex Court, decided against the applicability of sections 234B and 234C in case of computation of income u/s. 115 JB of the Act, i.e., as per the book profit. The said decision would clearly be of no assistance in view of the decision by the Hon’ble Apex Court in Rolta India Ltd. (supra), noted b…

Pfizer Pharmaceuticals India P. Ltd 9Formerly Known As Warner Lambert (I) P. Ltd ), Mumbai vs. DCIT RG 8(2), Mumbai

Appeal of the AO stands dismissed

ITA 3367/MUM/2009[2004-05]Status: DisposedITAT Mumbai08 Jul 2016AY 2004-05

For Appellant: Shri Vallabh Gokhale-ARFor Respondent: Shri M. Dayasagar-CIT-DR

Section 115JSection 143(3)Section 234Section 234BSection 254(1)Section 36(1)(viii)

…der the said sections of the Act. 2.1.During the appellate proceeding the First Appellate Authority (FAA)held that interest u/s. 234B and 234C cannot be levied when tax was to be computed u/s. 115JB of the Act. He referred to the case of Kwality Biscuits Ltd.(284 ITR 434) of the Hon'ble Supreme Court . During the course of hearing,the Departmental Representative (DR) left the issue to the discretion of the Bench.The Authorised Representative (AR) relied upon the case of Kwality 1 3367/09&3532/09-Pfizer Pharmaceuticals Biscuits (supra) and Rolta India Ltd. (330 ITR 470). We find that the issue stands covered in…

Dipsc Limited, Kolkata vs. D.C.I T Cir - VI, Kolkata

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

ITA 890/KOL/2013[2007-08]Status: DisposedITAT Kolkata04 May 2016AY 2007-08

Bench: Shri Mahavir Singh, Jm & Shri M.Balaganesh, Am] Assessment Year : 2007-08

For Appellant: Shri Soumen Adak, FCA & Shri Amit Agarwal, ACAFor Respondent: Sallong Yaden, Addl. CIT, Sr.DR

Section 115JSection 143(3)Section 14ASection 211Section 616

…e it is not possible to prepare the accounts under the Companies Act because the assessee is preparing the accounts as per the policies of Electricity Supply Act. 17 DPSC Ltd. A.Y.2007-08 26.1. The Hon’ble Supreme Court in the case of Kwality Biscuits Ltd in 284 ITR 434 has held that provisions of sec. 234B & 234C are not applicable in respect to computation of deduction u/s 115J because the computation of profit under the provisions of sec. 115J has to be made on the basis of book profit and since the entire exercise of computing the income under section 115J can only be done at the end of the financial year, a…

D.C.I.T CC - Xiii, Kolkata. vs. M/S Jai Balaji Sponge Ltd., Kolkata

In the result, appeal of revenue is dismissed

ITA 275/KOL/2013[2006-07]Status: DisposedITAT Kolkata15 Dec 2015AY 2006-07

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

For Appellant: Shri Sanjay Mukherjee, JCIT, Sr. DRFor Respondent: Shri A. K. Tulsiyan, FCA

Section 115JSection 143(3)Section 234BSection 260A

…2008 in appeal no. 19/CC-XIII/CIT(A)-C-II/08-09. This order of the CIT(A) was upheld by ITAT, Kolkata vide order dt. 24.06.09 in ITA No. 66/Kol/2009 in view of the order of the Hon’ble Supreme Court of India in the case of Kwality Biscuits Ltd. Vs. CIT (2006) 284 ITR 434 (SC). The Department filed appeal u/s 260A before Hon'ble High Court of Calcutta which was pleased to dismiss the appeal of the Department vide order dated 2 Jai Balaji Sponge Ltd. AY 2006-07 20.04.2010 in ITAT No. 1/2010 in view of its own order dated 04.03.2010 in the case of Binani Industries Ltd. Vs. CIT (ITA No. 504 of 2010). Against the or…

Ge Medical Systems (India) Pvt. Ltd., Bangalore vs. DCIT, Bangalore

ITA 328/BANG/2015[2010-11]Status: DisposedITAT Bangalore04 Nov 2015AY 2010-11

Bench: Shri Vijaypal Rao & Shri Jason P. Boazi.T.(T.P.) A. No.328/Bang/2015 (Assessment Year : 2010-11) M/S. Ge Medical Systems (India) Pvt. Ltd., Vs. Dy. Commissioner Of Income Tax, (Since Merged With Wipro Ge Healthcare Circle 7(1)(2), Bangalore. Pvt. Ltd.) Plot Nos.3, 3A & 4, Kadugodi Indl. Area, Bangalore-560 067 Pan Aaacg 7655G Appellant Respondent. I.T.(T.P.) A. No.224/Bang/2015 (Assessment Year : 2010-11) (By Revenue) Assessee By : Shri K.R. Pradeep, C.A. Revenue By : Shri G.R. Reddy, Cit-I (D.R.) Date Of Hearing : 9.9.2015. Date Of Pronouncement : 4.11.2015. O R D E R Per Shri Jason P. Boaz, A.M. : These Are Cross Appeals By Revenue & The Assessee, Preferred Against The Final Order Of Assessment Dt.30.12.2014 Passed Under Section 143(3) Rws 144C(13) Of The Income Tax Act, 1961 (In Short 'The Act') In Pursuance To The Directions Dt.28.11.2014 Issued By The Dispute Resolution Panel (‘Drp’) Under Section 144C(5) Of The Act. 2. The Facts Of The Case, Briefly, Are As Under :-

For Appellant: Shri K.R. Pradeep, C.AFor Respondent: Shri G.R. Reddy, CIT-I (D.R.)

Section 143(1)Section 143(3)Section 144C(5)Section 154Section 92C

…uential relief in the levy of interest u/s 234B and 234C. 33. The appellant denies liability for interest u/s 234B on the adjustment made u/s 92CA of the Act and relies on the decision of the Supreme Court in the case of CIT v Kwality Biscuits Ltd reported in 284 ITR 434. 34. The appellant denies the liability for interest u/s 234D of the Act. No opportunity has been given before the levy of interest u/s 234D of the Act. 35. With prior permission of the ITAT, the appellant reserves the right to add/delete/amend any or all the ground stated above. 36. For the above and other grounds and reasons which may be submit…

The Asstt. Commissioner of Income Tax vs. M/S. A.R. Enterprises

C.A. No.-002688-002688 - 2006Supreme Court14 Jan 2013

Section 132Section 158BSection 260A

…for the purpose of payment of advance tax, all assessees including companies, are required to make an estimate of 5 [2003] 264 ITR 744 (Raj) 6 191 (2012) DLT 249 7 [2011] 333 ITR 464 (Bom) 8 [2009] 312 ITR 161 (Ker) 9 [2000) 243 ITR 519 (Kar) 10 [2006] 284 ITR 434 (SC) 11 [2005] 279 ITR 123 (P&H) 29 Page 30 JUDGMENT their current income. Even before the introduction of the provisions of Section 115J of the Act, companies had been estimating their total income after providing deductions admissible under the Act. In fact, all assessees who maintain books of account have to undertake this…

The Asstt. Commissioner of Income Tax vs. M/S. A.R. Enterprises

C.A. No.-002688-002688 - 2006Supreme Court14 Jan 2013

Section 132Section 158BSection 260A

Ester Industries Ltd vs. Commissioner of Income Tax IV

ITA - 270 / 2005HC Delhi31 Aug 2006

Section 115Section 143Section 143(1)(a)Section 234

…book profits under Section 115 J of the Act cannot be levied. A Special Leave Petition was filed by the Revenue against that decision. The SLP having been dismissed by the Supreme Court in Commissioner of Income Tax vs. Kwality Biscuits Ltd. [2006] 284 ITR 434 (SC), the question with regard to levy of interest under Section 234 B and 234 C must be answered in the negative and in favour of the Assessee. We make it clear that though the question of levy of minimum alternative tax is a part of question no. (i) above, this order is not to be construed as having rendered any decision in respe…