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 14ASection 8DSection 143(3)Section 4Section 5Section 115JBSection 133(6)Section 144A

Issues it is cited on

strategic investmentsection 144adisallowance under section 14adisallowance u/s 14asection 14asection 115jbscrutiny assessmentprevious yearassistant commissionersection 115section 10appeal before the tribunal

Judgments citing CIT v. Maharashtra Sugar Mills Ltd.

Sbi Capital Markets Ltd, Mumbai vs. DCIT Ltu-1, Mumbai

The appeal stand allowed for statistical purposes

ITA 2098/MUM/2017[2012-13]Status: DisposedITAT Mumbai07 Sept 2018AY 2012-13

Bench: Shri Joginder Singh, Jm & Shri Manoj Kumar Aggarwal, Am

For Appellant: Rajnikant Chaniyari, Ld. ARFor Respondent: V.K.Chaturvedi, Ld. Sr. DR
Section 115JSection 143(3)Section 14A

…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…

ACIT 9(3)(2), Mumbai vs. Gini & Jony Ltd, Mumbai

In the result , appeal of the Revenue in ITA no

ITA 1892/MUM/2017[2009-10]Status: DisposedITAT Mumbai21 Aug 2018AY 2009-10

Bench: Shri C.N. Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.1892 & 1893/Mum/2017 (नििाारण वर्ा / Assessment Year : 2009-10 & 2012-13) बिाम/ Acit 9(3)(2) M/S. Gini & Jony Ltd. 418, 4Th Floor, A-601, Citi Point, Aayakar Bhavan, Andheri Kurla Road, V. Mumbai-400020 Andheri (E), Mumbai-400059, स्थायी ऱेखा सं./ Pan : Aaacg1295N (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri. Gaurav KabraFor Respondent: Shri A.M. Mittal, CIT-DR
Section 143(3)Section 147Section 14ASection 37

…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 10(2)(2), Mumbai vs. Mirc Electronics Private Ltd, Mumbai

In the result, the appeal Revenue is dismissed

ITA 3845/MUM/2018[2013-14]Status: DisposedITAT Mumbai10 Aug 2018AY 2013-14

Bench: Shri Joginder Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.3845 & 3846/Mum/2018 (नििाारण वर्ा / Assessment Year : 2013-14 & 2014-15) बिाम/ Dcit-10(2)(2) Mirc Electronics Room No. 216-A, 2Nd Floor Limited, G-1, Aayakar Bhavan, M K Road Onida House, V. Mumbai-400020 Mahakali Caves Road, Midc, Mumbai-400093 स्थायी ऱेखा सं./ Pan : Aaacm8055A (अपीऱाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri. Satish Chandra Rajore Assessee By : Shri Dharmendra Singh सुनवाई की तारीख /Date Of Hearing : 10.08.2018 घोषणा की तारीख /Date Of Pronouncement : 10.08.2018 आदेश / O R D E R Per Bench: These Two Appeals, Filed By Revenue, Being Ita No. 3845 & 3846/Mum/2018 For Assessment Year 2013-14 & 2014-15 Respectively , Are Directed Against Separate Appellate Order(S) Both Dated 27.03.2018 Passed By Learned Commissioner Of Income Tax (Appeals)-17, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2013-14 & 2014-15 Respectively , The Appellate Proceedings Had Arisen Before Learned Cit(A) From Separate Assessment Order(S) Dated 28.03.2016 & 29.12.2016 Respectively Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) Of The Income-Tax Act

For Appellant: Shri Dharmendra SinghFor Respondent: Shri. Satish Chandra Rajore
Section 10(34)Section 143(3)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 Cir. 2(2)(1), Mumbai vs. L & T Power Development Ltd., Mumbai

In the result, the appeal of the revenue stand dismissed

ITA 874/MUM/2017[2013-14]Status: DisposedITAT Mumbai10 Aug 2018AY 2013-14

Bench: Shri Joginder Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.874/Mum/2017 (नििाारण वर्ा / Assessment Year : 2013-14) Dcit Cit 2(2)(1) बिाम/ L&T Power Development Room No. 545, 5 Th Floor, Ltd., Aayakar Bhavan, L&T House, N.M. Road, V. M.K Road, Ballard Estate, Mumbai-400020 Mumbai-400038 स्थायी ऱेखा सं./ Pan : Aabcl3867C (अपीऱाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri. Nishant Samaiya, Dr Assessee By : Shri Govind Jhaveri सुनवाई की तारीख /Date Of Hearing : 09.08.2018 घोषणा की तारीख /Date Of Pronouncement : 09.08.2018 आदेश / O R D E R Per Ramit Kocharthis Appeal, Filed By The Revenue, Being Ita No. 874/Mum/2017, Is Directed Against Appellate Order Dated 09.11.2016 Passed By Learned Commissioner Of Income Tax (Appeals)-5, Mumbai (Hereinafter Called “The Cit(A)”), For Assessment Year 2013-14, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Assessment Order Dated 30.11.2015 Passed By Learned Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) For Assessment Year 2013-14. I.T.A. No.874/Mum/2017

For Appellant: Shri Govind JhaveriFor Respondent: Shri. Nishant Samaiya, DR
Section 143(3)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…

Assistant Commissioner of Income Tax, Kota vs. Smt. Manisha Agarwal, Kota

In the result, appeal of the revenue is dismissed

ITA 340/JPR/2018[2011-12]Status: DisposedITAT Jaipur16 May 2018AY 2011-12
For Appellant: NoneFor Respondent: Shri Raj Mehra (JCIT) fu/kZkfjrh dh vksj ls@
Section 14A

…assessee, section 14A could not be invoked - Held yes The High Court elaborated as under- 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 f19711 82 ITR 452 and Rajasthan State Ware Housing Corporation v. Commissioner of Income-tax /20021 242 17'R 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 dedu…

Welspun Energy P.Ltd, Mumbai vs. DCIT 8(3)(2), Mumbai

In the result, the appeal is partly allowed

ITA 7012/MUM/2016[2012-13]Status: DisposedITAT Mumbai18 Apr 2018AY 2012-13

Bench: Shri Joginder Singh () & Shri N.K. Pradhan () Assessment Year: 2012-13 M/S Welspun Energy Pvt. Dy. Commissioner Of Ltd. Income Tax-8(3)(2), Vs. 7Th Floor, Welspun House, Room No. 615, 6Th Kamala City, Senapati Bapat Floor, Aayakar Bhavan Marg, Lower Parel, Maharshi Karve Road, Mumbai-400013. Mumbai-400020. Pan No. Aaacw6515B Appellant Respondent Assessee By : Mr. Mitesh Shah, Ar Revenue By : Ms. Arju Garodia, Dr Date Of Hearing : 21/03/2018 Date Of Pronouncement : 18/04/2018

For Appellant: Mr. Mitesh Shah, ARFor Respondent: Ms. Arju Garodia, DR
Section 10(34)Section 143Section 14A

…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 M/s Welspun Energy 5 145, 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 incom…

Icici Securities Ltd, Mumbai vs. DCIT RG 4(1), Mumbai

In the result, the appeal for the AY 2010-11 is partly allowed

ITA 4269/MUM/2013[2009-10]Status: DisposedITAT Mumbai19 Mar 2018AY 2009-10

Bench: Shri C.N. Prasad () & Shri N.K. Pradhan () Assessment Year: 2009-10 & Assessment Year: 2010-11 Icici Securities Ltd. Dy. Commissioner Of Icici Centre, H.T. Parekh Income Tax Range Vs. Marg, Churchgate, 4(1), Mumbai-400020. Mumbai. Pan No. Aaaci0996E (Appellant) (Respondent) Assessee By : Mr. Yogesh A. Thar, Ar Revenue By : Mr. M.C. Omi Ningshen, Dr

For Appellant: Mr. Yogesh A. Thar, ARFor Respondent: Mr. M.C. Omi Ningshen, DR
Section 143(3)Section 40Section 40a

…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…

Tata Investment Corporation Ltd, Mumbai vs. Asst CIT 2(3), Mumbai

In the result, the appeal is partly allowed

ITA 1509/MUM/2015[2011-12]Status: DisposedITAT Mumbai09 Feb 2018AY 2011-12

Bench: Shri D.T. Garasia () & Shri N.K. Pradhan () Assessment Year: 2011-12 Tata Investment Corporation Acit-2(3) Ltd. Room No. 552, 5Th Floor, Vs. Elphistone Building, 2Nd Floor, Aayakar Bhavan, M.K. 10, Veer Nariman Road, Road Mumbai-400001 Mumbai-400020 Pan No. Aaact4120F Appellant Respondent Assessee By : Mr. M.M. Golvala, Ar Revenue By : Mr. V. Justin, Dr Date Of Hearing : 14/11/2017 Date Of Pronouncement : 09/02/2018

For Appellant: Mr. M.M. Golvala, ARFor Respondent: Mr. V. Justin, DR
Section 10(34)Section 10(38)Section 115JSection 143(3)Section 14A

…A in Godrej & Boyce v. DCIT (2010) 194 Taxman 203 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…

Sbi Capital Markets Ltd., Mumbai vs. Addl.C.I.T. Ltu, Mumbai

In the result, the 1st, 2nd, 3rd and 4th ground of appeals are partly allowed

ITA 2483/MUM/2012[2008-09]Status: DisposedITAT Mumbai09 Feb 2018AY 2008-09

Bench: Shri D.T. Garasia () & Shri N.K. Pradhan () Assessment Year: 2008-09 & Assessment Year: 2009-10 Sbi Capital Markets Ltd. Addl.Cit Ltu, 202, Maker Tower E, Cuff 29Th Floor Centre-I, Vs. Parade, World Trade Centre, Mumbai-400005 Cuffe Parade, Mumbai-400005 Pan No. Aaacs7914E Appellant Respondent Assessee By : Mr. Rajnikant V. Chaniyari, Ar Revenue By : Mr. V. Justin, Dr Date Of Hearing : 15/11/2017 Date Of Pronouncement : 09/02/2018

For Appellant: Mr. Rajnikant V. Chaniyari, ARFor Respondent: Mr. V. Justin, DR
Section 143(3)Section 14ASection 14A(2)

…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…

Assistant Commissioner of Income Tax, Circle-1, Kota vs. M/S Jainco Enterprises Pvt. Ltd., Kota

In the result, the appeal of the revenue stands dismissed

ITA 755/JPR/2017[2014-15]Status: DisposedITAT Jaipur26 Dec 2017AY 2014-15
For Appellant: NoneFor Respondent: Shri R.A. Verma (Addl.CIT) fu/kZkfjrh dh vksj ls@
Section 143(3)Section 145(3)Section 14ASection 2(24)(x)

…x payer has not earned any 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 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 b…

Triway Forwarders Pvt. Ltd., Chennai vs. ACIT, Chennai

In the result, the appeal of the assessee is allowed

ITA 932/CHNY/2017[2012-2013]Status: DisposedITAT Chennai28 Nov 2017AY 2012-2013

Bench: Shri Abraham P.George & Shri George Mathanआयकर अपील सं./I.T.A. No.932/Mds/2017 "नधा"रण वष" /Assessment Year : 2012-2013. M/S. Triway Forwarders Pvt. Limited, Vs The Assistant Commissioner Of No.14, Jaffer Street, Income Tax, Mannady, Company Circle Iii(2) Chennai 600 001. Chennai.

For Appellant: Shri. N. Devanathan, AdvocateFor Respondent: Shri. M. Palanichamy, IRS, JCIT
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 assesee 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…

Auto Shell Cast Pvt Ltd., Coimbatore vs. DCIT, Coimbatore

In the result, the appeal of the assessee is allowed

ITA 931/CHNY/2017[2013-14]Status: DisposedITAT Chennai28 Nov 2017AY 2013-14

Bench: Shri Abraham P.George & Shri George Mathanआयकर अपील सं./I.T.A. No.931/Mds/2017 "नधा"रण वष" /Assessment Year : 2013-2014

For Respondent: Shri M. Palanichamy, JCIT
Section 14ASection 43B

…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 assesee 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…

Assistant Commissioner of Income Tax, Circle-1, Kota vs. Sudha Hospital & Medical Research Centre, Kota

In the result, appeal of the revenue stands dismissed

ITA 671/JPR/2017[2014-15]Status: DisposedITAT Jaipur09 Oct 2017AY 2014-15
For Appellant: Shri P.C. Parwal (CA)For Respondent: Shri R.A. Verma (Addl.CIT) fu/kZkfjrh dh vksj ls@
Section 14A

…ax payer has not earned any 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 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 b…

Asst CIT Cen Cir 2(4), Mumbai vs. Twinkle Enviro Tech P.Ltd, Mumbai

In the result, the appeal is allowed for statistical purposes

ITA 5052/MUM/2015[2011-12]Status: DisposedITAT Mumbai27 Sept 2017AY 2011-12

Bench: Shri Mahavir Singh () & Shri N.K. Pradhan () Assessment Year: 2011-12 Acit-2(4) Twinkle Enviro Tech P. Room No. 802, 8Th Ltd. 317/318 Parvatiindl. Vs. Floor, Old Cgo Estate, Sunmill Building, Annex Compound, Lower M.K. Road Parel(W) Mumbai-400020. Mumbai-400013 Pan No. Aaact4038N (Appellant) (Respondent) Revenue By : Shri Ram Tiwari, Dr Assessee By : None Date Of Hearing : 12/07/2017 Date Of Pronouncement: 27/09/2017

For Appellant: NoneFor Respondent: Shri Ram Tiwari, DR
Section 10(34)Section 143(3)Section 14A

…ce Mfg. Co. Ltd vs. DCIT (2010) 328 ITR 81 (Bom.) 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…

Pn Nj Industries P.Ltd, Navi Mumbai vs. ACIT Cir 10(3)(Old) DCIT Cir 15(2)(2) (New), Mumbai

In the result, the appeal is allowed for statistical purposes

ITA 2324/MUM/2015[2009-10]Status: DisposedITAT Mumbai12 Sept 2017AY 2009-10

Bench: Shri Saktijit Dey () & Shri N.K. Pradhan () Assessment Year: 2009-10 M/S Pn Nj Industries Pvt. Acit, Circle-10(3) (Old) Ltd. Dcit, Circle-15(2)(2) Vs. Plot No. A-470, Ttc (New) Industries Area, Midc, 4Th Floor, Mahape, P.O. Ghansoi, Aayakarbhavan, M.K. Navi Mumbai-400701 Road, Mumbai-400020 Pan No. Aaccs1519B (Appellant) (Respondent) Assessee By : Mr. Govind Javeri, Ar Revenue By: Mr. Saurabh Kumar Rai, Dr Date Of Hearing : 15/06/2017 Date Of Pronouncement: 12/09/2017

For Appellant: Mr. Govind Javeri, ARFor Respondent: Mr. Saurabh Kumar Rai, DR
Section 143(3)Section 14A

…Court in Godrej and Boyce Mfg. Co. Ltd (supra) as under: 4 “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…

M/S. Kal Airways Pvt. Ltd., Chennai vs. DCIT, Chennai

In the result, the appeals of the assessee for both the assessment years are allowed for statistical purpose

ITA 2847/CHNY/2016[2012-13]Status: DisposedITAT Chennai30 Jun 2017AY 2012-13

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George] आयकर अपील सं./I.T.A. Nos. 2846 & 2847/Mds/2016 "नधा"रण वष" /Assessment Years : 2011-12 & 2012-13

For Appellant: Shri. K. Ramakrishnan, C.AFor Respondent: Shri. Pathlavath Peerya, CIT
Section 10(33)Section 14A

…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) ITA Nos.2846 & 2847/Mds/16 :- 6 -: (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. Kal Airways Pvt. Ltd., Chennai vs. DCIT, Chennai

In the result, the appeals of the assessee for both the assessment years are allowed for statistical purpose

ITA 2846/CHNY/2016[2011-12]Status: DisposedITAT Chennai30 Jun 2017AY 2011-12

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George] आयकर अपील सं./I.T.A. Nos. 2846 & 2847/Mds/2016 "नधा"रण वष" /Assessment Years : 2011-12 & 2012-13

For Appellant: Shri. K. Ramakrishnan, C.AFor Respondent: Shri. Pathlavath Peerya, CIT
Section 10(33)Section 14A

…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) ITA Nos.2846 & 2847/Mds/16 :- 6 -: (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…

Mira Textiles & Industries (India) Ltd., Chennai vs. ITO, Chennai

In the result, the appeal of the assessee stands allowed

ITA 225/CHNY/2017[2012-13]Status: DisposedITAT Chennai22 Jun 2017AY 2012-13

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George] आयकर अपील सं./I.T.A. No.225/Mds/2017 "नधा"रण वष" /Assessment Year : 2012-2013. Mira Textiles & Industries (I) Ltd, Vs. The Income Tax Officer, Flat F2, Upper Crest Apartments, Corporate Ward 4(3) No.11, School Street, Chennai. Koyambedu, Chennai [Pan Aaacm 4365R]

For Appellant: Shri. S. Vidya, C.AFor Respondent: Shri. Ashish Tripathi, JCIT
Section 14Section 14ASection 4Section 5

…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…

Inducto Steel Ltd, Mumbai vs. ACIT Cen Cir 38, Mumbai

The appeal of the assessee is partly allowed

ITA 2555/MUM/2015[2006-07]Status: DisposedITAT Mumbai26 May 2017AY 2006-07

Bench: Shri Joginder Singh & Shri Manoj Kumar Aggarwalassessment Year: 2006-07 Inducto Steel Ltd. Acit, 156, Maker Chamber Vi, Cc-38, बनाम/ 220, Jamnalal Bajaj Marg, Aayakar Bhavan, Vs. Nariman Point, M.K. Road, Mumbai-400021 Mumbai-400020 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No. Aaaci1045E

Section 14A

…uding the decrease on account of revaluation of assets.” The law prior to insertion of Section 14A 2.6. Prior to the introduction of section 14A in the said Act, the position of 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 9 ITR 450 (SC) was different. 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…

Aditya Birla Finance Ltd, Mumbai vs. Addl CIT RG 2(1), Mumbai

Appeal of the assessee is partly allowed for statistical purposes

ITA 5732/MUM/2011[2008-09]Status: DisposedITAT Mumbai12 Apr 2017AY 2008-09

Bench: Shri Joginder Singh & Shri Rajendraassessment Year-2008-09 M/S Aditya Birla Finance Acit-2(1), Limited (One Indiabulls R. No.575, 5Th Floor, बनाम/ Center, Tower-1, 18Th Floor, Aayakar Bhavan, Vs. Jupiter Mill Compound, 841, M.K. Road, Senapati Bapat Marg, Mumbai-400020 Elphinstone Road, Mumbai-400012 Pan No.Aabcb5769M ("नधा"रती /Assessee) (राज"व /Revenue) Assessment Year-2008-09 Acit-2(1), M/S Aditya Birla Finance R. No.575, 5Th Floor, Limited (One Indiabulls बनाम/ Aayakar Bhavan, Center, Tower-1, 18Th Floor, Vs. M.K. Road, Jupiter Mill Compound, 841, Mumbai-400020 Senapati Bapat Marg, Elphinstone Road, Mumbai-400012 Pan No. Aabcb5769M (राज"व /Revenue) ("नधा"रती /Assessee) M/S Aditya Birla Finance Ltd.

Section 14ASection 260

…आयकर अपील"य अ"धकरण, मुंबई "यायपीठ ए, मुंबई । IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “A”, MUMBAI "ी जोिग"दर "सह, "याियक सद"य एवं "ी राजे"", लेखा सद"य, के सम" । Before Shri Joginder Singh, Judicial Member and Shri Rajendra, Accountant Member Assessment Year-2008-09 M/s Aditya Birla Finance ACIT-2(1), Limited (One Indiabulls R. No.575, 5th Floor, बनाम/ Center, Tower-1, 18th Floor, Aayakar Bhavan, Vs. Jupiter Mill Compound, 841, M.K. Road, Senapati Bapat Marg, Mumbai-400020 Elphinstone Road, Mumbai-400012 PAN No.AABCB5769M ("नधा"रती /Assessee) (राज"व /Revenue) Assessment Year-2008-09 ACIT-2(1), M/s Adi…