CIT v. Mitesh Impex

398 ITR 514High Court2017#835 most cited

What is CIT v. Mitesh Impex authority for?

The principle of taxing 'real income' means an assessee is not bound by a voluntary disallowance made under section 14A in the return of income if it was declared under a wrong belief, particularly when the Tribunal has adjudicated the matter in the assessee's favor. An assessee can resile from such a position to ensure only actual taxable income is assessed.

125

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. Mitesh Impex · Pr. CIT v. UTI Bank Ltd. · 398 ITR 514 · Section 14A disallowance · voluntary disallowance in return · resiling from voluntary declaration · taxation of real income · assessee not bound by wrong belief · Gujarat High Court 2017 · expenses relating to exempt income

Also reported as

270 CTR 6646 Taxmann.com 30225 Taxmann 168

Issues it is cited on

Judgments citing CIT v. Mitesh Impex

TODI INDUSTRIES PRIVATE LIMITED,MUMBAI vs. INCOME TAX OFFICER - 8(3)(2), MUMBAI

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

ITA 896/MUM/2024[2015-16]Status: DisposedITAT Mumbai26 Mar 2025AY 2015-16

Bench: Ms. Kavitha Rajagopal & Smt. Renu Jauhriआयकर अपील सं./Ita No. 896/Mum/2024 (निर्धारण वर्ा / Assessment Year :2015-16) Todi Industries Pvt. Ltd. V/S. Ito-8(3)(2), Mumbai 1St Floor, Todi Estate, Sun बिधम Aayakar Bhavan, M.K. Mill Compound, Lower Road, Maharashtra- Parel (W), Maharashtra- 400020 400013 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaact4620Q Appellant/अपीलधर्थी .. Respondent/प्रनिवधदी

For Appellant: Shri Yogesh TharFor Respondent: Shri Hemanshu Joshi
Section 115JSection 234Section 234BSection 250Section 32Section 37Section 37(1)Section 72Section 80G

…bunal under section 254 of the Income-tax Act, 1961. 12. In the circumstances, the entire contention based on application of decision in case of Goetze (India) Ltd. (supra) is misconceived in law," (emphasis supplied) ➤Decision of PCIT v. UTI Bank Ltd. [2017] 398 ITR 514 (Gujarat HC) [Copy of judgement is enclosed as Annexure-4 at page no. 21 to 23], where the Hon'ble Gujarat High Court has held that: "6. Regarding a claim contrary to the disclosures in the return, the Tribunal relied on the decision of the Supreme Court in the case of National Thermal Power Co. P a g e | 8 A.Y. 2015-16 Todi Industries Pvt. Ltd.…

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CIT v. Mitesh Impex (398 ITR 514) — Cited in 125 Judgments | BharatTax