CIT v. Orient (Goa)(P.) Ltd.

M/S. Deepak Fertilizers & Petrochemicals Corporation Ltd., Mumbai vs. Principal Commissioner of Income Tax (Central)-4, Mumbai

Bench: Shri Ravish Sood & Shri N.K. Pradhanm/S Deepak Fertilizers & Principal Commissioner Of Petrochemicals Corporation Income- Tax (Central)- 4 Limited, 10B, Bhakatwar, 10Th Floor, Room No. 1001, Vs Nariman Point, Cgo Bldg. Annexe, M.K. Road, Mumbai- 400021 Mumbai 400 020

…of Bombay in the case of CIT, Panaji Vs. V.S. Dempo & Co. Pvt. Ltd. (ITA No. 989 of 2015), dated 05.02.2016. Further, it was submitted by the assessee that the judgment of the Hon‟ble High Court of Bombay in the case of CIT Vs. M/s Orient Goa Pvt. Ltd. (2010) 325 ITR 554 (Bom) relied upon by the revisional authority had been „set aside‟ by the aforesaid „Full bench‟ of the Hon‟ble High Court in case of V.S. Dempo & Co. Pvt. Ltd. (supra). However, the Pr. CIT was not persuaded to subscribe to the contentions advanced by the assessee. It was observed by the Pr. CIT, that as the „Division Bench‟ of the Hon‟ble High…

ACIT 17(1), Mumbai vs. Elve Corporation, Mumbai

Bench: Shri Joginder Singh & Shri Ramit Kochar

…non-deduction (or deduction of tax at a lower rate), as required u/s. 195(2) of the Act. As regards freight charges, the same is subject to tax in the hands of the shipping company u/s.172 of the Act, even as clarified in CIT vs. Orient (Goa)(P.) Ltd. [2010] 325 ITR 554 (Bom). The Hon'ble jurisdictional High Court in Orient (Goa) (P.) Ltd.(supra) has clearly held that deduction qua charges paid to non-resident (shipping companies) would be governed by section 40(a)(i) of the Act where no tax stands deducted thereon, and a disallowance u/s. 40(a)(i) is under such circumstances legal, proper and in accordance with…

ACIT 17(1), Mumbai vs. Elve Corporation, Mumbai

Bench: Shri Joginder Singh & Shri Ramit Kochar

…non-deduction (or deduction of tax at a lower rate), as required u/s. 195(2) of the Act. As regards freight charges, the same is subject to tax in the hands of the shipping company u/s.172 of the Act, even as clarified in CIT vs. Orient (Goa)(P.) Ltd. [2010] 325 ITR 554 (Bom). The Hon'ble jurisdictional High Court in Orient (Goa) (P.) Ltd.(supra) has clearly held that deduction qua charges paid to non-resident (shipping companies) would be governed by section 40(a)(i) of the Act where no tax stands deducted thereon, and a disallowance u/s. 40(a)(i) is under such circumstances legal, proper and in accordance with…

Family Plastics and Thermoware, Mumbai vs. D.C.I.T. 20(3), Mumbai

The appeal of the assessee is treated as allowed for statistical purposes

Bench: Shri G.S. Pannu & Shri Sanjay Gargassessment Year: 2007-08 M/S. Family Plastics & Dy. Commissioner Of Income Thermoware, Tax – 20(3), 4 Radha Apartments, Mumbai Vs. Telli Galli, Andheri (E), Mumbai – 400 069 Pan: Aaaff4968L (Appellant) (Respondent) Present For: Assessee By : Shri K. Gopal, A.R. Revenue By : Shri Senthil Kumaran, D.R. Date Of Hearing : 06.06.2016 Date Of Pronouncement : 15.06.2016 O R D E R

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “F”, MUMBAI BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI SANJAY GARG, JUDICIAL MEMBER Assessment Year: 2007-08 M/s. Family Plastics & Dy. Commissioner of Income Thermoware, Tax – 20(3), 4 Radha Apartments, Mumbai Vs. Telli Galli, Andheri (E), Mumbai – 400 069 PAN: AAAFF4968L (Appellant) (Respondent) Present for: Assessee by : Shri K. Gopal, A.R. Revenue by : Shri Senthil Kumaran, D.R. Date of Hearing : 06.06.2016 Date of Pronouncement : 15.06.2016 O R D E R Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against th…

Elve Corporation, Mumbai vs. ACIT 12(3), Mumbai

In the result, the assessee’s appeals are partly allowed for statistical purposes, and the Revenue’s appeal is partly allowed

Bench: Shri Joginder Singh, Jm & Shri Sanjay Arora, Am आयकर अपील सं./I.T.A. Nos. 4108/Mum/2012 & 6279/Mum/2012 ("नधा"रण वष" / Assessment Years: 2008-09 & 2009-10) Elve Corporation Asst. Cit-12(3), बनाम/ Elve Chambers, Green Street, Aayakar Bhavan, Vs. Fort, Mumbai-400 001 Mumbai "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaafe 4847 R ("नधा"रती/Assessee) (राज"व /Revenue) : & आयकर अपील सं./I.T.A. No. 6229/Mum/2012 ("नधा"रण वष" / Assessment Year: 2009-10) Asst. Cit-12(3), Elve Corporation बनाम/ Aayakar Bhavan, Elve Chambers, Green Street, Vs. Mumbai Fort, Mumbai-400 001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaafe 4847 R (राज"व /Revenue) ("नधा"रती/Assessee) : राज"व क" ओर से/Revenue By : Shri M. C. Naniwadekar "नधा"रती क" ओर से / Assessee By : Shri Vivek Anand Perapurna सुनवाई क" तार"ख / : 21.08.2015 Date Of Hearing घोषणा क" तार"ख / : 20.11.2015 Date Of Pronouncement आदेश / O R D E R Per Sanjay Arora, A. M.: These Are Set Of Three Appeals For Two Consecutive Years, Being Assessment Years (A.Ys.) 2008-09 & 2009-10, By The Assessee & The Revenue Respectively

…non-deduction (or deduction of tax at a lower rate), as required u/s. 195(2) of the Act. As regards freight charges, the same is subject to tax in the hands of the shipping company u/s.172 of the Act, even as clarified in CIT vs. Orient (Goa)(P.) Ltd. [2010] 325 ITR 554 (Bom). The Hon'ble jurisdictional High Court in Orient (Goa) (P.) Ltd.(supra) has clearly held that deduction qua charges paid to non-resident (shipping companies) would be governed by section 40(a)(i) of the Act where no tax stands deducted thereon, and a disallowance u/s. 40(a)(i) is under such circumstances legal, proper and in accordance with…

ACIT Cir 12(3), Mumbai vs. Elve Corporation, Mumbai

In the result, the assessee’s appeals are partly allowed for statistical purposes, and the Revenue’s appeal is partly allowed

Bench: Shri Joginder Singh, Jm & Shri Sanjay Arora, Am आयकर अपील सं./I.T.A. Nos. 4108/Mum/2012 & 6279/Mum/2012 ("नधा"रण वष" / Assessment Years: 2008-09 & 2009-10) Elve Corporation Asst. Cit-12(3), बनाम/ Elve Chambers, Green Street, Aayakar Bhavan, Vs. Fort, Mumbai-400 001 Mumbai "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaafe 4847 R ("नधा"रती/Assessee) (राज"व /Revenue) : & आयकर अपील सं./I.T.A. No. 6229/Mum/2012 ("नधा"रण वष" / Assessment Year: 2009-10) Asst. Cit-12(3), Elve Corporation बनाम/ Aayakar Bhavan, Elve Chambers, Green Street, Vs. Mumbai Fort, Mumbai-400 001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaafe 4847 R (राज"व /Revenue) ("नधा"रती/Assessee) : राज"व क" ओर से/Revenue By : Shri M. C. Naniwadekar "नधा"रती क" ओर से / Assessee By : Shri Vivek Anand Perapurna सुनवाई क" तार"ख / : 21.08.2015 Date Of Hearing घोषणा क" तार"ख / : 20.11.2015 Date Of Pronouncement आदेश / O R D E R Per Sanjay Arora, A. M.: These Are Set Of Three Appeals For Two Consecutive Years, Being Assessment Years (A.Ys.) 2008-09 & 2009-10, By The Assessee & The Revenue Respectively

…non-deduction (or deduction of tax at a lower rate), as required u/s. 195(2) of the Act. As regards freight charges, the same is subject to tax in the hands of the shipping company u/s.172 of the Act, even as clarified in CIT vs. Orient (Goa)(P.) Ltd. [2010] 325 ITR 554 (Bom). The Hon'ble jurisdictional High Court in Orient (Goa) (P.) Ltd.(supra) has clearly held that deduction qua charges paid to non-resident (shipping companies) would be governed by section 40(a)(i) of the Act where no tax stands deducted thereon, and a disallowance u/s. 40(a)(i) is under such circumstances legal, proper and in accordance with…

Elve Corporation, Mumbai vs. ACIT 12(3), Mumbai

In the result, the assessee’s appeals are partly allowed for statistical purposes, and the Revenue’s appeal is partly allowed

Bench: Shri Joginder Singh, Jm & Shri Sanjay Arora, Am आयकर अपील सं./I.T.A. Nos. 4108/Mum/2012 & 6279/Mum/2012 ("नधा"रण वष" / Assessment Years: 2008-09 & 2009-10) Elve Corporation Asst. Cit-12(3), बनाम/ Elve Chambers, Green Street, Aayakar Bhavan, Vs. Fort, Mumbai-400 001 Mumbai "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaafe 4847 R ("नधा"रती/Assessee) (राज"व /Revenue) : & आयकर अपील सं./I.T.A. No. 6229/Mum/2012 ("नधा"रण वष" / Assessment Year: 2009-10) Asst. Cit-12(3), Elve Corporation बनाम/ Aayakar Bhavan, Elve Chambers, Green Street, Vs. Mumbai Fort, Mumbai-400 001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaafe 4847 R (राज"व /Revenue) ("नधा"रती/Assessee) : राज"व क" ओर से/Revenue By : Shri M. C. Naniwadekar "नधा"रती क" ओर से / Assessee By : Shri Vivek Anand Perapurna सुनवाई क" तार"ख / : 21.08.2015 Date Of Hearing घोषणा क" तार"ख / : 20.11.2015 Date Of Pronouncement आदेश / O R D E R Per Sanjay Arora, A. M.: These Are Set Of Three Appeals For Two Consecutive Years, Being Assessment Years (A.Ys.) 2008-09 & 2009-10, By The Assessee & The Revenue Respectively

…non-deduction (or deduction of tax at a lower rate), as required u/s. 195(2) of the Act. As regards freight charges, the same is subject to tax in the hands of the shipping company u/s.172 of the Act, even as clarified in CIT vs. Orient (Goa)(P.) Ltd. [2010] 325 ITR 554 (Bom). The Hon'ble jurisdictional High Court in Orient (Goa) (P.) Ltd.(supra) has clearly held that deduction qua charges paid to non-resident (shipping companies) would be governed by section 40(a)(i) of the Act where no tax stands deducted thereon, and a disallowance u/s. 40(a)(i) is under such circumstances legal, proper and in accordance with…