CIT v. Ovira Logistics P. Ltd.

377 ITR 129High Court2015#4138 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2024.

Also reported as

232 Taxmann 240

Sections most often in play

Section 139(1)Section 143(2)Section 143(3)Section 145A(a)(ii)Section 43B

Issues it is cited on

section 43b(a)section 145a mercantile system of accounting section 43b profits and gains of business or profession section 43 section 145 section 28 section 36 section 139(1)previous year section 139

Judgments citing CIT v. Ovira Logistics P. Ltd.

BHANUPRATAP SANTPRASAD SINGH,PARBHANI MAHARASHTRA vs. INCOME TAX OFFICER, WARD HINGOLI, PARBHANI, MAHARASHTRA

In the result, the appeal filed by the assessee stands allowed for statistical purposes

ITA 251/PUN/2024[2018-19]Status: DisposedITAT Pune23 Oct 2024AY 2018-19

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.251/Pun/2024 िनधा"रण वष" / Assessment Year: 2018-19 Bhanupratap Santprasad Vs. Ito, Ward- Hingoli, Singh, Parbhani. Pandharkar Niwas, Dnayneshwar Nagar, Parbhani- 431401. Pan : Awgps7884J Appellant Respondent Assessee By : Shri Darshan R Gattani Revenue By : Shri Keyur Patel Date Of Hearing : 07.08.2024 Date Of Pronouncement : 23.10.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 14.12.2023 Passed By Ld. Addl./Jcit(A)-3, Bengaluru For The Assessment Year 2018-19 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case, The Cit(Appeals) Has Erred In Upholding The Addition Of Rs.30,46,456/- Made By The Centralized Processing Centre (Cpc) On Account Of Disallowance U/S 43B For Non-Payment Of Service Tax, Even Though Neither The Tax Amount Was Received From The Customer Nor Was The Service Tax Amount Debited To Profit & Loss Account. Therefore, The Same May Be Deleted.

For Appellant: Shri Darshan R GattaniFor Respondent: Shri Keyur Patel

Section 139(1)Section 143(1)Section 36(1)(va)Section 43B

…ld. Counsel of the assessee submitted that the ld. Addl./JCIT(A)-3, Bengaluru has dismissed the appeal of the assessee on the basis of following two decisions :- (i) Mr. Ashraf Nafisa Althaf vs. ITO, ITA No.614/Bang/2023. (ii) CIT vs. Ovira Logistics P. Ltd., 377 ITR 129 (Mum.). 7. With regard to the above two decisions relied on by ld. Addl./JCIT(A)-3, Bengaluru, it was contended by LD Counsel of the assessee that the facts of the above cases are different with that of the case in hands at present. It was submitted that in the above two cases referred by ld. Addl./JCIT(A)-3, Bengaluru, the payment including amou…

MANSA BUILDERS AND DEVELOPERS,BHOPAL vs. THE INCOME TAX OFFICER, 5(3), BHOPAL, BHOPAL

Appeal is allowed

ITA 433/IND/2023[2016-17]Status: DisposedITAT Indore24 Jun 2024AY 2016-17

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2016-17 Mansa Builders & Income-Tax Officer, Developers, 5(3), 1, Bhopal C/O Radha Krishna बनाम/ Traders, Vs. Bhanpur Square, Bhopal (Assessee/Appellant) (Revenue/Respondent) Pan : Aatfm5948C Assessee By Shri Ashish Goyal, Adv. & Shri N.D. Patwa, Adv. Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 16.05.2024 Date Of Pronouncement 24.06.2024

Section 139(1)Section 143(3)Section 145ASection 43B

…view, there can be no occasion to invoke Section 43B of the Act. (b) Mr. Suresh Kumar, learned Counsel for the Revenue fairly states that the issue stands concluded against the Revenue by the decisions of this Court in CIT v. Ovira Logistics (P.) Ltd. [2015] 377 ITR 129/232 Taxman 240/58 taxmann.com 206 (Bom.) and CIT v. Calibre Personnel Services (P.) Ltd. [IT Appeal No. 158 of 2013] rendered on 2nd February, 2015. (c) In view of the above, the question (ii) as proposed is covered by the decision of this Court. Therefore, it does not give rise to any substantial question of law. Thus, not entertained. 8. Accord…

PLATINUM PROPERTIES,RAIGAD vs. ITO WARD 5, PANVEL, PANVEL

In the result, the ground no

ITA 2681/MUM/2023[2014-15]Status: DisposedITAT Mumbai15 Jan 2024AY 2014-15

Bench: Shri Aby T Varkey & Shri Amarjit Singhplatinum Properties Vs. Ito, Ward-5 Plot No. 6, G-20-24, Panvel, Taloja, Midc, Tal Panvel, Thane Taloja Raigad-410208 Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aajfp4159N Appellant .. Respondent Appellant By : Prateek Jain Respondent By : H.M. Bhatt Date Of Hearing 05.01.2024 Date Of Pronouncement 15.01.2024

For Appellant: Prateek JainFor Respondent: H.M. Bhatt

Section 139(1)Section 143(2)Section 143(3)Section 43B

…e view, there can be no occasion to invoke Section 43B of the Act. (b) Mr. Suresh Kumar, learned Counsel for the Revenue fairly states that the issue stands concluded against the Revenue by the decisions of this Court in CT v. Ovira Logistics (P.) Ltd. [2015] 377 ITR 129/232 Taxman 240/58 taxmann.com 206 (Bom.) and CIT v. Calibre Personnel Services (P.) Ltd. (IT Appeal No. 158 of 2013] rendered on 2nd February, 2015 (c) In view of the above, the question (ii) as proposed is covered by the decision of this Court. Therefore, it does not give rise to any substantial question of law. Thus, not entertained. 8. Accordi…

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-KATNI, KATNI vs. M/S. GAJRAJ MINING PVT. L:TD., SINGRAULI

In the result, the appeal of the Revenue as well as assessee is dismissed

ITA 27/JAB/2020[2017-18]Status: DisposedITAT Jabalpur30 Nov 2023AY 2017-18

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. Sapan Usrethe, AdvFor Respondent: Sh. Shravan Kumar Gotru, CIT(DR)

Section 2Section 36(1)(iii)Section 43B

…to the treasury will arise only upon the assessee receiving the funds and not otherwise. A SLP filed by department against the order of Hon'ble High Court of Bombay has been dismissed by Hon'ble Supreme Court in the case of CIT vs Ovira Logistics Pvt Ltd 2015 377 ITR 129 (Bom HC) where in Hon'ble High Court has held as under:- Certain deduction to he allowed only on actual payment (Service tax) - Assessment year 2007-08 - Whether when services were rendered liability to pay service lax in re spect of consideration would arise only upon receipt of such consideration and not otherwise - Held. yes - Whether where i…

ASHRAF NAFISA ALTHAF,MOODUBIDRI MANGALORE vs. INCOME TAX OFFICER, WARD-1 & TPS, UDUPI

In the result, the appeal of the assessee is dismissed

ITA 614/BANG/2023[2013-14]Status: DisposedITAT Bangalore09 Nov 2023AY 2013-14

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2013-14

For Appellant: Shri Sanketh S. Nayak, A.RFor Respondent: Shri Nischal B., D.R

Section 139(1)Section 250Section 40Section 43B

…regarding confirmation of addition u/s. 43B of the Act, which we do not find fit to be interfered with. Accordingly, the appeal of the assessee deserves to be dismissed.” 4.5 Further, Hon’ble Bombay High Court in the case of CIT Vs. Ovira Logistics P. Ltd. (377 ITR 129) (Mum.) held as under: “The Assessing Officer, for the assessment year 2007-08, disallowed service tax amounting to Rs.90,08,661 under section 43B of the Income-tax Act, 1961. The Commissioner of Income-tax (Appeals) deleted the entire disallowance of service tax under section 43B holding that a sum of Rs.41,97,663 had already been paid before th…

TARUN KUMAR RATAN SINGH RATHI,MUMBAI vs. CIT(APPEALS),IT DEPT, MUMBAI

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

ITA 2189/MUM/2022[2017-18]Status: DisposedITAT Mumbai16 Nov 2022AY 2017-18

Bench: Shri M Balaganesh & Shri Pavan Kumar Gadaletarun Kumar Ratan Vs. Cit(A) / Nfac, Delhi Singh Rathi 503, Badrinath Tower, Sanjeev Enclave, Seven Bunglow, Andheri (W) Mumbai – 400053. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Adhpr3169F Appellant .. Respondent Appellant By : Mr.Satish Modi.Ar Respondent By : Ms.Rajni Rani Roy.Dr Date Of Hearing 03.11.2022 Date Of Pronouncement 17.11.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm:

For Appellant: Mr.Satish Modi.ARFor Respondent: Ms.Rajni Rani Roy.DR

Section 143(1)Section 154Section 43B

…n to invoke Section 43B of the Act. Tarun Kumar Ratan Singh Rathi, Mumbai. (b) Mr. Suresh Kumar, learned Counsel for the Revenue fairly states that the issue stands concluded against the Revenue by the decision of this Court in CIT Vs. Ovira Logistics P. Ltd. 377 ITR 129 and CIT V. Calibre Personnel Services Pvt. Ltd. (Income Tax Appeal No.158 of 2013) rendered on 2nd February, 2015 (c) In view of the above, the question (ii) as proposed is covered by the decision of this Court. Therefore, it does not give rise to any substantial question of law. Thus, not entertained.” Respectfully following the decision of the…

SHREE SIDDHI VINAYAK INDUCTIONS PVT. LTD.,JAIPUR vs. DCIT, CENTRAL CIRCLE-3, JAIPUR

In the result ITA NO. 01/JPR/2021 for A

ITA 1/JPR/2021[2015-16]Status: DisposedITAT Jaipur29 Aug 2022AY 2015-16

For Appellant: Sh. Manish Agarwal (CA)For Respondent: Sh. P. R. Meena (PCIT)

Section 143(3)Section 145(3)Section 36(1)(va)Section 40Section 43B

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,’A’ JAIPUR Mk0 ,l- lhrky{eh] U;kf;d lnL; ,oa Jh jkBksM deys'k t;UrHkkbZ] ys[kk lnL; ds le{k BEFORE: DR. S. SEETHALAKSHMI, JM & SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;dj vihy la-@ITA No. 01/JP/2021 fu/kZkj.k o"kZ@Assessment Year : 2015-16 cuke Shree Siddhi Vinayak The DCIT, Inductions Pvt. Ltd., Vs. Central Circle-03, Jaipur C-184, Phase-II, Bagru Extn. Jaipur-302007 LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAICS 2561 B vihykFkhZ@Appellant izR;FkhZ@Respondent vk;dj vihy la-@ITA No. 116/JP/2017 fu/kZkj.k o"kZ@Assess…

M/S SHRI SIDDHI VINAYAK INDUCTION P. LTD.,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR

In the result ITA NO. 01/JPR/2021 for A

ITA 279/JPR/2019[2014-15]Status: DisposedITAT Jaipur29 Aug 2022AY 2014-15

For Appellant: Sh. Manish Agarwal (CA)For Respondent: Sh. P. R. Meena (PCIT)

Section 143(3)Section 145(3)Section 36(1)(va)Section 40Section 43B

SHREE SIDDHI VINAYAK INDUCTION PVT. LTD.,JAIPUR vs. DCIT, JAIPUR

In the result ITA NO. 01/JPR/2021 for A

ITA 116/JPR/2017[2012-13]Status: DisposedITAT Jaipur29 Aug 2022AY 2012-13

For Appellant: Sh. Manish Agarwal (CA)For Respondent: Sh. P. R. Meena (PCIT)

Section 143(3)Section 145(3)Section 36(1)(va)Section 40Section 43B

ITO, WARD-6(4), NEW DELHI vs. CORONATION INFRASTRUCTURE PVT. LTD., NEW DELHI

In the result, the appeal of the Revenue stands allowed for statistical purposes

ITA 757/DEL/2020[2016-17]Status: DisposedITAT Delhi13 Jul 2022AY 2016-17

Bench: Shri Shamim Yahya & Shri Yogesh Kumar Us[Assessment Year: 2016-17]

Section 139(1)Section 43BSection 92E

…ing its earlier view, the Tribunal agreed with the First Appellate Authority and dismissed the Revenue's appeal. 9. When these appeals were argued before us, our attention was invited by Mr. Jasani to a Division Bench Judgment of this Court reported in [2015] 377 ITR 129 (Bom.) {Commissioner of Income-Tax v. Ovira Logistics P. Ltd.}. Mr. Jasani submits that earlier this very controversy was dealt with and the Revenue's appeal was dismissed. 10. With the assistance of both sides, we have perused this Judgment and we find that it dealt with an identical issue. This Court held that Section 43B does not contemplate l…

CORONATION INFRASTRUCTURE PVT .LTD,NEW DELHI vs. ITO WARD- 6(4), NEW DELHI

In the result, the appeal of the Revenue stands allowed for statistical purposes

ITA 660/DEL/2020[2016-17]Status: DisposedITAT Delhi13 Jul 2022AY 2016-17

Bench: Shri Shamim Yahya & Shri Yogesh Kumar Us[Assessment Year: 2016-17]

Section 139(1)Section 43BSection 92E

MR.NANJUNDA RENUKA ARADHYA ,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-7(2)(1), BANGALORE

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

ITA 397/BANG/2018[2010-11]Status: DisposedITAT Bangalore31 May 2022AY 2010-11

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.Nitish Ranjan, CAFor Respondent: Smt.Priyadarshini Basaganni, Addl.CIT-DR

Section 143(2)Section 194CSection 194C(2)Section 206ASection 40Section 43B

…that assessee has not collected above service tax and only on collection, it should be payable to the Government exchequer. For this purpose, he relied on various judgments, specifically Hon’ble Bombay High Court in the case of CIT Vs. Ovira Logistics P. Ltd [377 ITR 129] (Bom) and also submitted that the service tax has not been shown as expenditure in the P&L A/c while computing income of the assessee. In our opinion, when the assessee collected the amount, it should not kept it with them and same should be deposited to the Government exchequer within the specified date and time. Further, the Tribunal in ITA No…

M/S. GEOTRIX BUILDING ENVELOPE PRIVATE LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CPC, BANGALORE

In the result, the appeal filed by the assessees is allowed for statistical purpose

ITA 2561/BANG/2019[2017-18]Status: DisposedITAT Bangalore17 May 2022AY 2017-18

Bench: Shri George George K. & Ms. Padmavathy Sassessment Year : 2017-18

For Appellant: Shri Ramasubramaniyan and Shri Sandeep, C.AsFor Respondent: Shri Priyadarshini Basaganni, Addl. CIT(DR)

Section 143(1)Section 431Section 43B

…ble in order to determine its taxable income. In the above view, there can be no occasion to invoke Section 43B of the Act. The issue stands concluded against the Revenue by the decisions of this Court in Commissioner of Income Tax Vs. Ovira Logistics P. Ltd. 377 ITR 129 and Commissioner of Income Tax Vs. Calibre Personnel Services Pvt. Ltd. (Income Tax Appeal No. 158 of 2013) rendered on 2nd February, 2015” 12. Similar view is held by the Delhi High Court in the case of CIT vs Noble And Hewitt (I) (P) Ltd (2008) 305 ITR 324 (Delhi) has held that 5. Learned Counsel for the revenue urges that the decision of the…

SHRI. BORAIAH SHIVANANJAIAH,BENGALURU vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 3(2)(1), BANGALORE

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

ITA 680/BANG/2020[2014-15]Status: DisposedITAT Bangalore11 Apr 2022AY 2014-15

Bench: Shri Chandra Poojari, Am & Smt. Beena Pillai, Jm Boraiah Shivananjaiah, Asst.Commissioner Of K. Janatha Colony, Income Tax, Bidadi Hobli, Vs. Circle - 3(2)(1) Ramnagara Dist., Bengaluru Bengaluru Pan – Anaps2762E Appellant Respondent

For Respondent: Assessee by Sri Sreehari Kutsa, Advocate

Section 143(3)Section 234ASection 250Section 36(1)(va)Section 43ASection 43B

M/S SHIRODE AUTOMOBILES PVT LTD,AHMEDNAGAR vs. ASST COMMISSIONER OF INCOME TAX , AHMEDNAGAR CIRCLE, AHMEDNAGAR

In the result, the appeal is allowed

ITA 501/PUN/2020[2014-2015]Status: DisposedITAT Pune18 Nov 2021AY 2014-2015

Bench: Shri R.S. Syalआयकर अपील सं. / Ita No.501/Pun/2020 िनधा"रण वष" / Assessment Year : 2014-15

Section 72

…normal method of accounting consistently followed by an assessee. It has been noted above that the liability to pay service-tax arises after its receipt and not before that. This is reason that when the assessee in CIT Vs. Ovira Logistics (P.) Ltd. (2015) 377 ITR 129 (Bom) had shown the amount of service tax payable at the end of the year which was not paid, the AO disallowed the same u/s 43B on the ground that it was not paid. However, the Hon’ble jurisdictional High Court deleted the disallowance by holding that: `In our view, liability to pay service tax into the treasury will arise only upon the asses…

ACIT, CIRCLE-14(1), KOLKATA, KOLKATA vs. M/S ATC LOGISTICS PRIVATE LIMITED, KOLKATA

In the result, the appeal of the revenue is partly allowed for statistical purposes and cross objection of the assessee is dismissed as not pressed

ITA 1619/KOL/2016[2012-13]Status: DisposedITAT Kolkata11 Jul 2018AY 2012-13

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1619/Kol/2016 Assessment Years : 2012-13 Acit, Circle-14(1),Kolkata -Vs- M/S Atc Logistics Pvt. Ltd. [Pan: Aahca 3020 A ] (Appellant) (Respondent) C.O. No. 57/Kol/2016 (Arising Out Of I.T.A No. 1619/Kol/2016) Assessment Years : 2012-13 M/S Atc Logistics Pvt. Ltd. -Vs- Dcit, Circle-14(1),Kolkata [Pan: Aahca 3020 A ] (Cross Objector) (Respondent)

For Appellant: Shri G. Hangshing, CITFor Respondent: Shri S.M Surana, Advocate

Section 143(3)Section 194C(6)Section 194C(7)Section 40

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH : KOLKATA [Before Hon’ble Shri Aby. T. Varkey, JM & Shri M.Balaganesh, AM ] I.T.A No. 1619/Kol/2016 Assessment Years : 2012-13 ACIT, Circle-14(1),Kolkata -vs- M/s ATC Logistics Pvt. Ltd. [PAN: AAHCA 3020 A ] (Appellant) (Respondent) C.O. No. 57/Kol/2016 (arising out of I.T.A No. 1619/Kol/2016) Assessment Years : 2012-13 M/s ATC Logistics Pvt. Ltd. -vs- DCIT, Circle-14(1),Kolkata [PAN: AAHCA 3020 A ] (Cross objector) (Respondent) For the Appellant : Shri G. Hangshing, CIT For the Respondent : Shri S.M Surana, Advocate Date of Hearing : 03.07.2018 Date…

JESS IDEAS PVT. LTD.,MUMBAI vs. DCIT CIR. 6(3)(2), MUMBAI

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

ITA 6524/MUM/2016[2012-13]Status: DisposedITAT Mumbai25 Jun 2018AY 2012-13

Bench: Sri Rajendra, Am & Sri Pawan Singh, Jm

For Appellant: Shri Paresh Saparia, ARFor Respondent: Shri Aaraj Garodia, DR

Section 253Section 43B

…ice tax, which was not due. 2. At the outset of hearing, the Ld. A.R. of the assessee submits that the ground of appeal raised by assessee are covered by the decision of Hon’ble jurisdictional High Court in the case of CIT Vs. Ovira Logistics (P) Ltd. (2015) 377 ITR 129 (Bombay). On the other the Ld. D.R. for the assessee after going through the contents of the grounds of appeal and the order of High Court In Ovira Logistics(P) Ltd, fairly considered that the grounds raised by assessee are covered in favour of the assessee. 3. we have considered the contentions of both the ld representatives of the parties and…

WADHWA RESIDENCY P.LTD,MUMBAI vs. ADDL CIT RG 9(3), MUMBAI

In the result, appeal filed by the assessee is allowed

ITA 5413/MUM/2015[2011-12]Status: DisposedITAT Mumbai20 Jun 2018AY 2011-12

Bench: Shri Joginder Singh() & Shri G Manjunatha ()

Section 143(2)Section 143(3)Section 14ASection 14A(2)Section 2(24)(x)Section 43B

…disallowed u/s 43B. In this regard relied upon the decision of Hon’ble Delhi High Court in the case of CIT vs Noble & Hewitt India Pvt Ltd (2008) 305 ITR 324 and the decision of Hon’ble Bombay High Court in the case of CIT vs Ovira Logistics Pvt Ltd (2015) 377 ITR 129 (Bom). 17. On the other hand, the Ld.DR strongly supporting the order of the CIT(A) submitted that the lower authorities have brought out clear facts in the light of decision of Hon’ble Supreme Court in the case of Chouringhee Sales Bureau Pvt Ltd vs CIT (supra) that service tax collected from customers is a trading receipt which ought to have…

HINDUJA GROUP INDIA LTD,MUMBAI vs. ACIT RG 6(3), MUMBAI

In the result, appeals for A

ITA 4458/MUM/2014[2009-10]Status: DisposedITAT Mumbai17 May 2018AY 2009-10

Bench: Shri R.C.Sharma & Shri Amarjit Singh

Section 115Section 143(3)Section 40

…text we relies on the decision of Delhi High Court rendered in the case of Noble & Hewitt (I) (P) Ltd. - 305 ITR 324 followed by the Mumbai Tribunal decision in the case of Pharma Search - 21 Taxman.com 44. 32. In the case of CIT vs. Ovira Logistics (P.) Ltd. 377 ITR 129 the Hon'ble Bombay High Court has held as under: - “Section 43B of the Income-tax Act, 1961 - Certain deduction to be allowed only on actual payment (Service tax) - Assessment year 2007-08 - Whether when services were rendered, liability to pay service tax in respect of consideration would arise only upon receipt of such consideration and not oth…

POOMPUHAR SHIPPING CORPORATION LTD.,CHENNAI vs. DCIT CORPORATE CIRCLE 5(2), CHENNAI

Accordingly, related grounds of the assessee for assessment years 2010-2011 and 2013-2014 are dismissed

ITA 335/CHNY/2018[2014-15]Status: DisposedITAT Chennai10 Apr 2018AY 2014-15

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George] आयकर अपील सं./I.T.A. Nos.333, 334 & 335/Chny/2018 & S.P.Nos.61, 62, 63/Chny/2018. "नधा"रण वष" /Assessment Years : 2010-11, 2013-14 & 2014-15. M/S. Poompuhar Shipping Vs. The Deputy Commissioner Of Corporation Limited, Income Tax, 692, Annasalai, Corporate Circle 5(2) Nandanam, Chennai 600 034. Chennai 600 035. [Pan Aaacp 4383J] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri. R. Vijayaraghavan, AdvFor Respondent: Mrs. Ruby George, IRS, CIT

Section 40Section 43B

…ai Zone through his letter dated 07.09.2010 placed at paper book page 19. According to him, the disallowance of the provision was not warranted. Reliance was placed on a judgment of Hon’ble Bombay High Court in the case of CIT vs. Ovira Logistics Pvt. Ltd, 377 ITR 129. 12. Per contra, ld. Departmental Representative strongly supported the orders of the lower authorities. We have perused the orders and heard the rival contentions. 13. It is not disputed by the assessee that provision for Service Tax was created by it by debiting the Profit and Loss Account for the impugned assessment years. Contention of the…

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