How many judgments cite CIT v. Maharashtra Sugar Mills Ltd.?

109 judgments on BharatTax cite CIT v. Maharashtra Sugar Mills Ltd. (82 ITR 452), spanning 2000 to 2025.

Which sections of the Income Tax Act does CIT v. Maharashtra Sugar Mills Ltd. come up under?

It is most often cited in judgments turning on Section 14A, Section 8D, Section 143(3), Section 4, Section 5, Section 115JB.

CIT v. Maharashtra Sugar Mills Ltd.

82 ITR 452Supreme Court of India1971#987 most cited

What is CIT v. Maharashtra Sugar Mills Ltd. authority for?

Expenditure incurred by an assessee carrying on a composite business giving rise to both taxable and non-taxable income is allowable in its entirety without apportionment. This principle led to the subsequent introduction of Section 14A of the Income-tax Act.

109

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2000 to 2025.

Also referred to as

CIT v. Maharashtra Sugar Mills Ltd. · 82 ITR 452 · Section 14A · expenditure deductibility · composite business income · taxable non-taxable income · apportionment of expenses · pre-14A disallowance · exempt income expenditure · allowable in entirety

Sections most often in play

Section 14A Section 8D Section 143(3)Section 4 Section 5 Section 115JB Section 133(6)Section 144A

Issues it is cited on

strategic investment section 144a disallowance under section 14a disallowance u/s 14a section 14a section 115jb scrutiny assessment previous year assistant commissioner section 115 section 10 appeal before the tribunal

Judgments citing CIT v. Maharashtra Sugar Mills Ltd.

Rashleela Enterprises Private Limited, Jaipur vs. The PCIT (Central), Jaipur

ITA 461/JPR/2024[2019-20]Status: DisposedITAT Jaipur05 Sept 2024AY 2019-20

For Appellant: Sh. Tarun Mittal, CAFor Respondent: Sh. Arvind Kumar, CIT-DR

Section 143(2)Section 143(3)Section 14ASection 153DSection 263

…taxable income in a particular year. 9. We are unable to subscribe to the aforesaid view. The provisions of section 14A were inserted as a response to the judgments of the Supreme Court in Commissioner of Income Tax Vs. Maharashtra Sugar Mills Limited (1971) (82 ITR 452) and Rajasthan State Ware Housing Corporation Vs. Commissioner of Income Tax ((2002) 242 ITR 450) in terms of which, expenditure incurred by an assessee carrying on a composite business giving rise to both taxable as well as non-taxable income, was allowable in entirety without apportionment. It was thus that s.14A was inserted providing that no d…

Tata Industries Limited, Mumbai vs. Addl.C.I.T., Range-2(3), Mumbai

ITA 3676/MUM/2009[2005-06]Status: DisposedITAT Mumbai07 Jun 2024AY 2005-06

For Respondent: Shri P.C Chhottary

Section 115JSection 143(3)Section 143(3)(ii)Section 14A

…directed at earning dividend income, which was incidental. The law prior to insertion of Section 14A 12. Prior to the introduction of section 14A in the said Act, the position in law was as laid down by the Supreme Court in CIT v. Maharashtra Sugar Mills Ltd: 82 ITR 452 (SC) and Rajasthan State Warehousing Corporation v. CIT: 242 ITR 450 (SC). In Maharashtra sugar Mills Ltd (supra) the assessee's business comprised of two parts, namely, (1) cultivation of sugar cane and (2) the manufacture of sugar. The revenue had contended that as the income from the cultivation of sugar cane, being the result of an agricultura…

M/S. Prime Property Development Corporation Ltd, Mumbai vs. ACIT C 10 (3) (2), Mumbai

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

ITA 3291/MUM/2023[2016-17]Status: DisposedITAT Mumbai03 Jan 2024AY 2016-17

Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale (Jm)

Section 115JSection 14Section 14A

…taxable income in a particular year. 9.We are unable to subscribe to the aforesaid view. The provisions of section 14A were inserted as a response to the judgments of the Supreme Court in Commissioner of Income Tax Vs. Maharashtra Sugar Mills Limited (1971) (82 ITR 452) and Rajasthan State Ware Housing Corporation Vs. Commissioner of Income Tax ((2002) 242 ITR 450) in terms of which, expenditure incurred by an assessee carrying on a composite business giving rise to both taxable as well as non-taxable income, was allowable in entirety without apportionment. It was thus that s.14A was inserted providing that no d…

ACIT 1(1), Mumbai vs. Blue Star Ltd, Mumbai

In the result, the appeal filed by the assessee is partly allowed and the appeal filed

ITA 5550/MUM/2011[2006-07]Status: DisposedITAT Mumbai30 Nov 2023AY 2006-07

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm Blue Star Ltd. The Addl. Cit, Range 1(1), Kasturi Building, Mohan T Advani Aaykar Bhavan, Mumbai Vs. Chowk, Jamshedji Tata Road, Mumbai-400 020 Pan/Gir No. Aaacb 4487 D (Assessee) (Revenue) : The Addl. Cit, Range 1(1), Blue Star Ltd. Aaykar Bhavan, Mumbai Kasturi Building, Mohan T Advani Vs. Chowk, Jamshedji Tata Road, Mumbai-400 020 Pan/Gir No. Aaacb 4487 D (Revenue) : (Assessee)

For Appellant: Shri Niraj Sheth

Section 115Section 145ASection 250Section 40Section 43B

…terling Foods [1999] 237 ITR 579 (SC) 2. National Fertilizers Limited 142 Taxman 5 (AAR) 3. CIT vs. Jiyajeerao Cotton Mills Limited 79 Taxman 51 (Calcutta HC) 4. CIT vs. C Parekh & Co. (India) Limited 29 ITR 661 (SC) 5. CIT vs. Maharashtra Sugar Mills Limited 82 ITR 452 (SC) 8 ITA No. 4792 & 5550/Mum/2011 (A.Y.2006-07) Blue Star Ltd. 14. The learned Departmental Representative ('ld.DR' for short), on the other hand, controverted the said fact and stated that the advertisement expenses was for overall business of the company and that the assessee has not allocated general advertisement expenses which enhances…

Blue Star Ltd, Mumbai vs. Addl CIT RG 1(1), Mumbai

In the result, the appeal filed by the assessee is partly allowed and the appeal filed

ITA 4792/MUM/2011[2006-07]Status: DisposedITAT Mumbai30 Nov 2023AY 2006-07

For Appellant: Shri Niraj Sheth

Section 115Section 145ASection 250Section 40Section 43B

Dy Commissioner of Income Tax 6(1)(2), Mumbai vs. M/S Ask Wealth Advisors Pvt Ltd, Mumbai

In the result, the appeal of the revenue stand dismissed

ITA 2466/MUM/2022[2012-2013]Status: DisposedITAT Mumbai30 Nov 2022AY 2012-2013

Bench: Shri Amarjit Singh & Shri Rahul Chaudharydcit-6(1)(2) Vs. M/S Ask Wealth Advisors Room No.563B, 5Th Floor, Private Limited, Aayakar Bhavan, M.K. Birla Aurora, 16 Level Road, Mumbai – 400020 Office Floor 9, Dr. Annie Besant Road, Worli, Mumbai - 400030 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aafca9124M Appellant .. Respondent

For Appellant: Avneesh TiwariFor Respondent: J.D. Mistry

Section 14Section 143(3)Section 14A

…taxable income in a particular year 9. We are unable to subscribe to the aforesaid view. The provisions of section 14A were inserted as a response to the judgments of the Supreme Court in Commissioner of Income Tax Vs. Maharashtra Sugar Mills Limited (1971) (82 ITR 452) and Rajasthan State Ware Housing Corporation Vs. Commissioner of Income Tax ((2002) 242 ITR 450) in terms of which, expenditure incurred by an assessee carrying on a composite business giving rise to both taxable as well as non-taxable income, was allowable in entirety without apportionment It was thus that s.14A was inserted providing that no de…

M/S. Maxivision Eye Hospital Pvt. Ltd., Chennai vs. DCIT, Corporate Circle-4(1), Chennai

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

ITA 139/CHNY/2020[2012-13]Status: DisposedITAT Chennai22 Jul 2022AY 2012-13

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri AR. V. Sreenivasan, Addl.CIT

Section 1Section 14Section 143(3)Section 14A

…taxable income in a particular year. 9.We are unable to subscribe to the aforesaid view. The provisions of section 14A were inserted as a response to the judgments of the Supreme Court in Commissioner of Income Tax Vs. Maharashtra Sugar Mills Limited (1971) (82 ITR 452) and Rajasthan State Ware Housing Corporation Vs. Commissioner of Income Tax ((2002) 242 ITR 450) in terms of which, expenditure incurred by an assessee carrying on a composite business giving rise to both taxable as well as non-taxable income, was allowable in entirety without apportionment. It was thus that s.14A was inserted providing that no d…

M/S. Trianz Holdings Private Limited, Bangalore vs. Assistant Commissioner of Income Tax, Circle- 7(1)(1), Bangalore

In the result, ground 34 is allowed

ITA 2639/BANG/2019[2015-16]Status: DisposedITAT Bangalore16 Nov 2021AY 2015-16

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.2639/Bang/2019 : Asst.Year 2015-2016 M/S.Trianz Holdings Pvt. Ltd. The Assistant Commissioner #165/2, 6Th Floor, Kalyani Of Income-Tax, Circle 7(1)(1) V. Bangalore. Magnum, Doraisanipalya, Iim Post Bennerghatta Road Bangalore – 560 076. Pan : Aafca8051P. (Appellant) (Respondent) Appellant By : Sri.K.R.Vasudevan, Advocate Respondent By : Sri.Pradeep Kumar, Cit-Dr Date Of Pronouncement : 16.11.2021 Date Of Hearing : 15.11.2021 O R D E R Per George George K, Jm This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 30.10.2019. The Relevant Assessment Year Is 2015-2016. 2. The Assesee Has Raised 36 Grounds In Its Memorandum Of Appeal. However, Learned Ar Had Argued Only Following Six Issues:-

For Appellant: Sri.K.R.Vasudevan, AdvocateFor Respondent: Sri.Pradeep Kumar, CIT-DR

Section 10ASection 14A

…M/s Trianz Holdings Private Limited. 9.We are unable to subscribe to the aforesaid view. The provisions of section 14A were inserted as a response to the judgments of the Supreme Court in Commissioner of Income Tax Vs. Maharashtra Sugar Mills Limited (1971) (82 ITR 452) and Rajasthan State Ware Housing Corporation Vs. Commissioner of Income Tax ((2002) 242 ITR 450) in terms of which, expenditure incurred by an assessee carrying on a composite business giving rise to both taxable as well as non-taxable income, was allowable in entirety without apportionment. It was thus that s.14A was inserted providing that no d…

Standard Chartered Grindlays Bank, New Delhi vs. ADIT International Taxation, New Delhi

In the result, the appeal of the assessee is allowed and the appeal of the revenue is dismissed

ITA 2920/DEL/2008[2001-2002]Status: DisposedITAT Delhi26 Oct 2020AY 2001-2002

Bench: Ms. Sushma Chowladr. B. R. R. Kumar(Through Video Coferencing)

For Appellant: Sh. Shashi M. Kapila, AdvFor Respondent: Sh. Satpal Gulati, CIT DR

Section 10(33)Section 115Section 115A(3)Section 195(1)Section 3Section 36(1)(viia)Section 40

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘D’, NEW DELHI Before Ms. Sushma Chowla, Vice President Dr. B. R. R. Kumar, Accountant Member (Through Video Coferencing) ITA No. 2920/Del/2008 : Asstt. Year : 2001-02 Standard Chartered Grindlays Vs Asstt. Director of Income Tax Bank-Tax Department, (International Taxation), Circle- H-2, Connaught Circus, 2(2), New Delhi New Delhi-110001 (APPELLANT) (RESPONDENT) PAN No. AAHCS3380Q ITA No. 2995/Del/2008 : Asstt. Year : 2001-02 Deputy Director of Income Vs Standard Chartered Grindlays Tax (International Taxation), Bank, H-2, Connaught Circus, Circle-2(2), New Delhi…

Modern Insulators Ltd., Jaipur vs. Assistant Commissioner of Income Tax, Circle-6, Jaipur

In the result, appeal of the assessee is allowed

ITA 74/JPR/2019[2014-15]Status: DisposedITAT Jaipur05 Dec 2019AY 2014-15

For Appellant: Shri Madhukar Garg (CA)For Respondent: Smt. Runi Pal (JCIT)

Section 14A

…y taxable income in a particular year. 9. We are unable to subscribe to the aforesaid view. The provisions of section 14A were inserted as a response to the judgments of the Supreme Court in Commissioner of Income Tax v. Maharashtra Sugar Mills Limited [1971] 82 ITR 452 and Rajasthan State Ware Housing Corporation v. Commissioner of Income-tax [2002] 242 ITR 450 in terms of which, expenditure incurred by an assessee carrying on a composite business giving rise to both taxable as well as non-taxable income, was allowable in entirety without apportionment. It was thus that s.14A was inserted providing that no deduc…

DCIT Cen Cir 8(4), Mumbai vs. Phoenix Mills Ltd, Mumbai

In the results, all the appeals of the revenue are dismissed

ITA 3991/MUM/2018[2011-12]Status: DisposedITAT Mumbai15 Nov 2019AY 2011-12

Bench: Shri Ramesh C Sharma & Shri Pawan Singhआयकर अपीऱ सं./I.T.A. No. 3991/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2011-12) आयकर अपीऱ सं./I.T.A. No. 3992/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2012-13) आयकर अपीऱ सं./I.T.A. No. 3993/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2013-14) आयकर अपीऱ सं./I.T.A. No. 3994/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2014-15) बिधम/ Dy. Commissioner Of M/S Phoenix Mills Ltd. Income Tax, 462, Senapati Bapat Vs. Central Circle-8(4), Marg, Lower Parel, 6Th Floor, Room No. 658, Mumbai-400013. Aayakar Bhavan, M.K. Road, Mumbai 400020 स्थायी ऱेखा सं./जीआइआर सं./ Pan/Gir No. : Aaacp 3325 J (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri Awungshi Gimson (CIT-DR)

Section 143(3)Section 14ASection 23(1)(c)Section 36

…reliance can be placed on the following judicial pronouncements:-  56ITR 77 - CIT V/s Indian Bank (SC)  242 ITR 250 - Rajasthan Warehousing Corpn Ltd V/s CIT (SC)  55 ITR 17 - CIT V/s Chugandas& Co. (SC)  32 ITR 688 - United Commercial Bank V/s CIT (SC)  82 ITR 452 - CIT V/s Maharashtra Sugar Mills (SC) 24.8. In the above case laws it is ruled that no allocation can be made in case of a consolidated business. It is imperative to note that the department has never disputed the classification of Service Charges as Business Income in the assessee's case. What the department has contested in past is disallowanc…

I.T.O., Ward-8(1), Kolkata vs. M/S Caravan Creation Private Limited, Kolkata

In the result, the appeal of the revenue is dismissed

ITA 99/KOL/2019[2014-15]Status: DisposedITAT Kolkata13 Nov 2019AY 2014-15

Bench: Shri S.S.Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.99/Kol/2019 ("नधा"रणवष" / Assessment Year: 2014-15)

For Appellant: NoneFor Respondent: Smt. Ranu Biswas, Addl. CIT

Section 143(3)Section 14A

…. As held by the Madras High Court in M/s Redington (India) Ltd vs Additional CIT [2017] 77 taxmann.com 257 (Madras) "The provisions of section 14A were inserted as a response to the judgments of the Supreme Court in CIT v. Maharashtra Sugar Mills Ltd. [1971] 82 ITR 452 and Rajasthan State Ware Housing Corpn. v. CIT [2000] 242 ITR 450/109 Taxman 145 in terms of which, expenditure incurred by an assessee carrying on a composite business giving rise to both taxable as well as non- taxable income, was allowable in entirety without apportionment. It was thus that s. 14A was inserted providing that no deduction shall…

Sbi Capital Markets Ltd, Mumbai vs. Asst CIT Ltu, Mumbai

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

ITA 6490/MUM/2014[2010-11]Status: DisposedITAT Mumbai09 Oct 2019AY 2010-11

Bench: Shri Shamim Yahya & Shri Pawan Singh

For Appellant: Shri Rajnikant Chaniyari (AR)For Respondent: Shri R. Manjunatha Swamy (DR)

Section 115JSection 143(3)Section 14ASection 251Section 254(1)

…gh Court in Godrej and Boyce Mfg. Co. Ltd (supra) as under: "Section 14A was enacted by the Parliament in order to overcome the judgments of the Supreme Court in the cases of CIT v. Indian Bank Ltd. AIR 1965 SC 1473, CIT v. Maharashtra Sugar Mills Ltd. [1971] 82 ITR 452 and Rajasthan State Warehousing Corpn. v. CIT [2000] 242 ITR 450/109 Taxman 145, in which it was held that in the case of a composite and indivisible business, which results in earning of taxable and non-taxable income, it is impermissible to apportion the expenditure between what was laid out for the earning of taxable income as opposed to non-ta…

DCIT (Ltu), New Delhi vs. M/S. Rasandik Engineering Industries India Ltd., New Delhi

In the result, the appeal of the assessee in ITA No

ITA 1526/DEL/2013[2009-10]Status: DisposedITAT Delhi20 Sept 2019AY 2009-10

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble

For Appellant: Shri Sanjay Agarwal, CAFor Respondent: Shri Surender Pal, Sr. DR

Section 14A

…1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘F’ BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER ITA No. 1158/DEL/2013 [A.Y 2009-10] M/s Rasandik Engineering Industries I. Ltd Vs. The A.C.I.T C – 4 & 5, First Floor, C Block Large Taxpayer Unit Commercial Complex, Paschimi Marg New Delhi Vasant Vihar, New Delhi PAN: AAACR 3381 A ITA No. 1526/DEL/2013 [A.Y 2009-10] The A.C.I.T Vs M/s Rasandik Engineering Industries I. Ltd Large Taxpayer Unit C – 4 & 5, First Floor, C Block New Delhi Commercial Complex, Paschimi Marg Vasant Vihar, New Delhi PAN: AAACR 3…

M/S Rasandik Enginnering Industries India Ltd., New Delhi vs. ACIT, New Delhi

In the result, the appeal of the assessee in ITA No

ITA 1158/DEL/2013[2009-10]Status: DisposedITAT Delhi20 Sept 2019AY 2009-10

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble

For Appellant: Shri Sanjay Agarwal, CAFor Respondent: Shri Surender Pal, Sr. DR

Section 14A

Meena Zarda Products Pvt. Ltd., Bhubaneswar vs. ITO, Ward-1(1), Bhubaneswar

In the result, appeal of the assessee is allowed

ITA 343/CTK/2018[2015-16]Status: DisposedITAT Cuttack06 Feb 2019AY 2015-16

Bench: Shri Chandra Mohan Gargआयकर अपील सं./Ita No.343/Ctk/2018 ("नधा"रण वष" / Assessment Year :2015-2016) Meena Zarda Products (P) Ltd. Vs. Ito, Ward-1(1), S-3/85, Mancheswar Industrial Bhubaneswar Estate, Bhubaneswar-751010 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaecm 3120 G (अपीलाथ" /Appellant) (""यथ" / Respondent) .. "नधा"रती क" ओर से /Assessee By : Shri G. Naik, Advocate & Shri Rajat Kar, Advocate राज"व क" ओर से /Revenue By : Shri Subhendu Dutta सुनवाई क" तार"ख / Date Of Hearing : 04/02/2019 घोषणा क" तार"ख/Date Of Pronouncement 06/02/2019 आदेश / O R D E R This Appeal Has Been Filed By The Assessee Against The Order Of Cit(A)-1, Dated 04.06.2018 Passed In First Appeal No.0087/17-18 For The Assessment Year 2015-2016. 2. The Sole Ground Raised By The Assessee Reads As Follows :- “2. For That Learned Cit(A) Erred In Law As Well As Fact In Confirming The Disallowance Of Rs.4,53,064/- U/S.14A Of The I.T.Act, 1961 Without Considering The Submissions Of The Appellant From Its Proper Prospective On The Facts & In The Circumstances Of The Case.” 3. Ld. Ar Submitted That In The Similar Set Of Facts & Circumstances For A.Y.2014-2015, The Ao Made Addition, Which Was Confirmed By The Ld. Cit(A) But The This Bench Of The Itat In Ita No.45/Ctk/2018, Order Dated 02.08.2018, Allowed The Appeal Of The Assessee & Directed The Ao To Delete The Entire Amount Of Impugned Addition Made U/S.14A Of The Act By 2 Following The Decision Of Hon’Ble Madras High Court In The Case Of Cit Vs.

For Appellant: Shri G. Naik, AdvocateFor Respondent: Shri Subhendu Dutta

Section 14Section 14A

…y taxable income in a particular year. 9. We are unable to subscribe to the aforesaid view. The provisions of section 14A were inserted as a response to the judgments of the Supreme Court in Commissioner of Income Tax v. Maharashtra Sugar Mills Limited [1971] 82 ITR 452 and Rajasthan State Ware Housing Corporation v. Commissioner of Income- tax [2002] 242 ITR 450 in terms of which, expenditure incurred by an assessee carrying on a composite business giving rise to both taxable as well as non- taxable income, was allowable in entirety without apportionment. It was thus that s.14A was inserted providing that no ded…

DCIT 8(3)(1), Mumbai vs. Tata Teleservices (Mah) Ltd, Navi Mumbai

In the result, appeal of the revenue is dismissed

ITA 2519/MUM/2015[2009-10]Status: DisposedITAT Mumbai30 Jan 2019AY 2009-10

Bench: Shri G. S. Pannu, Vice- & Shri Pawan Singhdcit-8(3)(1) M/S Tata Teleservices (Mah) Room No. 615, 6Th Floor, Ltd., D-26, Ttc Indl Area Aayakar Bhavan, M.K. Road, Midc, Sanpada, P.O. Turbhe, Mumbai-20. Navi Mumbai-400703. Vs. Pan: Aaach1458C Appellant Respondent Appellant By : Shri R. Manjunatha Swamy (Cit-Dr) Respondent By : Shri Hiten Chande (Ar) Date Of Hearing : 21.01.2019 Date Of Pronouncement : 30.01.2019 Order Under Section 254(1)Of Income Tax Act

For Appellant: Shri R. Manjunatha SwamyFor Respondent: Shri Hiten Chande (AR)

Section 14ASection 194HSection 201(1)Section 254(1)Section 40

…IN THE INCOME-TAX APPELLATE TRIBUNAL “E” BENCH MUMBAI BEFORE SHRI G. S. PANNU, VICE-PRESIDENT AND SHRI PAWAN SINGH, JUDICIAL MEMBER DCIT-8(3)(1) M/s Tata Teleservices (Mah) Room No. 615, 6th Floor, Ltd., D-26, TTC Indl Area Aayakar Bhavan, M.K. Road, MIDC, Sanpada, P.O. Turbhe, Mumbai-20. Navi Mumbai-400703. Vs. PAN: AAACH1458C Appellant Respondent Appellant by : Shri R. Manjunatha Swamy (CIT-DR) Respondent by : Shri Hiten Chande (AR) Date of Hearing : 21.01.2019 Date of Pronouncement : 30.01.2019 ORDER UNDER SECTION 254(1)OF INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER; 1. This appeal by Revenue is…

Welspun Investments & Commercials Pvt. Ltd., Mumbai vs. ITO - 8(3)(4), Mumbai

In the result, appeal filed by the assessee for assessment year 2013-14 is dismissed

ITA 2782/MUM/2018[2013-14]Status: DisposedITAT Mumbai28 Jan 2019AY 2013-14

Bench: Shri Shamim Yahya (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2013-14 M/S Welspun Investments & The Income Tax Officer-8(3)(4), Commercial Pvt. Ltd., R. No. 616, 6Th Floor, 9Th Floor, “B” Wing, Trade World Aayakar Bhavan, Premises, Kamala Mills Compound, Vs. Mumbai - 400020 Senapati Bapat Marg, Lower Parel, Mumbai - 400013 Pan: Aaacw8345B (Appellant) (Respondent)

For Appellant: Shri Mitesh N. Shah (AR)For Respondent: Shri C.S. Anjaria (DR)

Section 10(34)Section 143Section 14ASection 234B

…4 Taxman 203 (Bombay) in which honourable Bombay Fs held that "Section 14A was enacted by the Parliament in order to overcome the judgments of the Supreme Court in the case of CIT vs. Indian Bank Ltd .AIR 1965 SC 1473, CIT v Maharashtra Sugar Mills Ltd [1971] 82 ITR 452 and Rajasthan State Warehousing Corpn. v. CIT [2000] 242 ITR 450/109 Taxman 145, in which it was held that in the case of a composite and indivisible business, which results in earning of taxable and non-taxable income, it is impermissible to apportion the expenditure between what was laid out for the earning of taxable income as opposed to non- t…

ACIT, C-6, Ludhiana vs. Majestic Hotels Ltd., Ludhiana

The appeal of the Revenue is dismissed

ITA 171/CHANDI/2018[2012-13]Status: DisposedITAT Chandigarh26 Nov 2018AY 2012-13

For Appellant: Shri Jagdeep Goel, CIT DRFor Respondent: Shri R.S. Khera, CA

Section 14ASection 250

…BDT. The Ld. counsel for assessee pointed out that the Hon'ble Madras High Court had noted that the provisions of section 14A were inserted as a response to the judgments of the Hon'ble Supreme Court in the case of CIT Vs. Maharashtra Sugar Mills Ltd. (1971) 82 ITR 452 and Rajasthan State Warehousing Corporation Vs. CIT (2000) 242 ITR 450 in terms of which expenditure incurred by an assessee carrying on composite business giving rise to both taxable as well as non-taxable income was allowable in entirety without apportionment. It was thus that section 14A of the Act was inserted providing that no deduction wo…

ACIT, Circle, Panchkula vs. M/S Janak Global Resources Pvt. Ltd., Panchkula

In the result, the appeal of the Revenue is dismissed

ITA 470/CHANDI/2018[2014-15]Status: DisposedITAT Chandigarh16 Oct 2018AY 2014-15

For Appellant: Shri Manoj KumarFor Respondent: Shri Parikshit Aggarwal, CA

Section 36Section 36(1)(iii)