CIT v. Modipon Ltd.

400 ITR 1Supreme Court of India2018#6370 most cited

What is CIT v. Modipon Ltd. authority for?

The Supreme Court decision in CIT v. Modipon Ltd. (400 ITR 1) is authority for the treatment of PLA balance on excise duty and R&D cess, holding that such issues, when decided in favour of the assessee by the High Court and not appealed by the department to the Supreme Court, attain finality.

18

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2018 to 2025.

Also referred to as

CIT v. Modipon Ltd. · 400 ITR 1 SC · PLA balance · excise duty · R&D cess · finality of decision · department appeal not preferred · assessment year 1994-95 · assessment year 1995-96 · assessment year 1996-97

Issues it is cited on

Judgments citing CIT v. Modipon Ltd.

Sadhvi Securities P.Ltd, New Delhi vs. ACIT, Central Circler-5, New Delhi

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

ITA 1047/DEL/2019[2014-15]Status: DisposedITAT Delhi16 Jul 2019AY 2014-15

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2014-15 Sadhvi Securities P. Ltd., Vs Acit, 13/34, Wea, Arya Samaj Road, Central Circle-5, Karol Bagh, New Delhi. New Delhi. Pan: Aahcs7130D (Appellant) (Respondent) Assessee By : Shri V.P. Gupta & Shri Anunav Kumar, Advocates Revenue By : Shri S.S. Rana, Cit, Dr Date Of Hearing : 02.05.2019 Date Of Pronouncement : 16.07.2019 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 15Th January, 2019 Of The Cit(A)-24, Delhi, Relating To Assessment Year 2014-15. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company & Is Engaged In The Business Of Share Trading. It Filed Its Return Of Income On 27.11.2014 Declaring Total Income Of Rs.910/-. During The Course Of Assessment Proceedings, The Assessing Officer Noted That The Assessee Has Introduced Share Capital By Issuing 1800000 Equity Shares Of Rs.10 Each At A Premium Of Rs.90 Per Share Aggregating To Rs.18 Crore In The Balance Sheet As On 31.03.2014. Since The Assessee Has Charged Very High Premium On The Shares So Allotted, The Assessing Officer Asked The Assessee To Furnish Complete

For Appellant: Shri V.P. Gupta &For Respondent: Shri S.S. Rana, CIT, DR
Section 56(2)(viib)

….P. Varghese v. ITO, (1981) 131 ITR 597 (SC). vii) CIT v. JH Gotla (1985) 156 ITR 323 (SC). viii) Paharpur Cooling Towers Ltd. v. CIT (2011) 61 DTR 309. ix) CIT V. Modipon Ltd. (2011) 334 ITR 106 (HC) x) CIT v. Modipon Ltd., Paharpur Cooling Towers Ltd. (2018)400 ITR 1 (SC) xi) Pr. CIT v. IDMC Ltd., (2017) 393 ITR 441 (Guj.) xii) Pr. CIT v. IDMC Ltd., (2017) 10 TMI 732 (SC). xiii) CIT v. Suresh Nanda (2015) 375 ITR 172 (Del). xiv) CIT v. HCL Technologies Ltd. (2018) 404 ITR 719 (SC). xv) Southern Motors v. State of Karnataka and Ors, AIR 2017 SC 476. 9. The ld. counsel for the assessee, referring to the Stay Appl…

CIT v. Modipon Ltd. (400 ITR 1) — Cited in 18 Judgments | BharatTax