CIT v. Ovira Logistics P. Ltd.

377 ITR 129High Court2015#4082 most cited

What is CIT v. Ovira Logistics P. Ltd. authority for?

A deduction under Section 43B for service tax is allowable only upon receipt of the consideration from the customer, not merely upon rendering the service, if the tax liability arises from such receipt.

29

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2016 to 2024.

Also referred to as

CIT v. Ovira Logistics P. Ltd. · Section 43B · Section 145A · mercantile system of accounting · service tax · actual payment · deduction · business income · taxable income · cash receipts · tax liability

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 145amercantile system of accountingsection 43bprofits and gains of business or professionsection 43section 145section 28section 36section 139(1)previous yearsection 139

Judgments citing CIT v. Ovira Logistics P. Ltd.

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 334/CHNY/2018[2013-14]Status: DisposedITAT Chennai10 Apr 2018AY 2013-14

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…

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 333/CHNY/2018[2010-11]Status: DisposedITAT Chennai10 Apr 2018AY 2010-11

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…

Vijay Associates Wadhwa Construction P.Ltd, Mumbai vs. Addl CIT RG 9(3), Mumbai

In the result, this appeal filed by the assessee stands allowed

ITA 5460/MUM/2015[2011-12]Status: DisposedITAT Mumbai16 Jan 2018AY 2011-12

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं./I.T.A. No. 5460/Mum/2015 ("नधा"रण वष" / Assessment Year: 2011-12) Vijay Associates Wadhwa Addl. Cit, Range 9(3), Construction Pvt. Limited Mumbai (Merged With Wadhwa Group बनाम/ Holdings Pvt. Ltd.) Vs. 301, 3Rd Floor, Platina, Plot C-59, G Block, Bandra Kurla Complex, Bandra (E), Mumbai-400 051 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaccv 3657 P (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Mahesh O. Rajora ""यथ" क" ओर से/Respondent By : Ms. Pooja Swaroop

For Appellant: Shri Mahesh O. RajoraFor Respondent: Ms. Pooja Swaroop
Section 43Section 43B

…B of the Act. (b) Mr. Suresh Kumar, learned Counsel for the Revenue fairly states that the 5 Vijay Associates Wadhwa Construction Pvt. Limited 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. 9. From t…

Power Liners, Jaipur vs. ACIT, Jaipur

In the result, the appeal of the assessee is partly allowed

ITA 194/JPR/2017[2012-13]Status: DisposedITAT Jaipur03 Jan 2018AY 2012-13
For Appellant: Shri Rohan Sogani (CA)For Respondent: Shri P.P. Meena (JCIT)
Section 145(3)Section 40Section 43B

…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 decision of this Court in Commissioner of Income Tax Vs Ovira Logistics Pvt. Ltd. 377 ITR 129 and Commissioner of Income Tax Vs Calibre Personnel Service 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.” Following the deci…

Rajendra Kumar Sancheti, Jaipur vs. ITO, Jaipur

In the result, the appeal of the assessee is allowed

ITA 284/JPR/2016[2010-11]Status: DisposedITAT Jaipur07 Feb 2017AY 2010-11

Bench: Filing Income Tax Return Or Within Grace Period

For Appellant: Shri Vijay Goyal , CAFor Respondent: Smt. Poonam Rai, DCIT- DR
Section 36(1)Section 36(1)(va)Section 43B

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES (SMC), JAIPUR Jh HkkxpUn] ys[kk lnL; ds le{k BEFORE: SHRI BHAGCHAND, ACCOUNTANT MEMBER vk;dj vihy la-@ITA No. 284/JP/2016 fu/kZkj.k o"kZ@Assessment Year : 2010-11 cuke Shri Rajendra Kumar Sancheti The ITO Vs. 263-264, Johri Bazar, Jaipur Ward- 1(1), Jaipur LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: AGWPS 7304 K vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksj ls@Assessee by: Shri Vijay Goyal , CA jktLo dh vksj ls@ Revenue by: Smt. Poonam Rai, DCIT- DR lquokbZ dh rkjh[k@ Date of Hearing : 06/02/2017 ?kks"…

Crimson Property P. Ltd, Mumbai vs. ITO 5(1)(3), Mumbai

In the result the appeal of assessee is partly allowed and the appeal by Revenue is allowed for statistical purpose

ITA 2791/MUM/2014[2009-10]Status: DisposedITAT Mumbai01 Feb 2017AY 2009-10

Bench: Shri B.R.Baskaran & Shri Pawan Singh

Section 143(3)Section 24Section 253Section 254(1)Section 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. Thus, considering the above legal position as discussed above the ground of appeal raised by assessee is covered in favour of assessee, hence we allow the ground No.1 of the appeal in favour of the assessee.…

D.C.I.T.RG.8(3), Mumbai vs. Sanofi Synthelabo (I) Pvt. Ltd., Mumbai

In the result, all the three appeals of Revenue are dismissed

ITA 7592/MUM/2011[2006-07]Status: DisposedITAT Mumbai22 Nov 2016AY 2006-07

Bench: Sri Mahavir Singh, Jm & Ashwani Taneja, Am

Section 143(3)

…uded that disallowance of service tax payable does not fall under the provision of Section 43B of the Act. Now before us learned Counsel for the assessee relied on the decision of Hon’ble Bombay High Court in the case of CIT Vs. Ovira Logistics P. Ltd. (2015) 377 ITR 129 (Bom) wherein Hon’ble Bombay High Court has considered the following substantial questions of law as under:- “(a) Whether on the facts and circumstances of the case and in law, the Tribunal was justified in deleting the disallowance of unpaid service tax under section 43B of the Act without appreciating that the said liability was clearly disallo…

D.C.I.T. 8(3), Mumbai vs. Sanofi Syntheabo (India) Limited, Mumbai

In the result, all the three appeals of Revenue are dismissed

ITA 6755/MUM/2011[2005-06]Status: DisposedITAT Mumbai22 Nov 2016AY 2005-06

Bench: Sri Mahavir Singh, Jm & Ashwani Taneja, Am

Section 143(3)

…uded that disallowance of service tax payable does not fall under the provision of Section 43B of the Act. Now before us learned Counsel for the assessee relied on the decision of Hon’ble Bombay High Court in the case of CIT Vs. Ovira Logistics P. Ltd. (2015) 377 ITR 129 (Bom) wherein Hon’ble Bombay High Court has considered the following substantial questions of law as under:- “(a) Whether on the facts and circumstances of the case and in law, the Tribunal was justified in deleting the disallowance of unpaid service tax under section 43B of the Act without appreciating that the said liability was clearly disallo…

ACIT RG 8(3), Mumbai vs. Sanofi Synthellabo (I) Ltd, Mumbai

In the result, all the three appeals of Revenue are dismissed

ITA 6720/MUM/2011[2004-05]Status: DisposedITAT Mumbai22 Nov 2016AY 2004-05

Bench: Sri Mahavir Singh, Jm & Ashwani Taneja, Am

Section 143(3)

…uded that disallowance of service tax payable does not fall under the provision of Section 43B of the Act. Now before us learned Counsel for the assessee relied on the decision of Hon’ble Bombay High Court in the case of CIT Vs. Ovira Logistics P. Ltd. (2015) 377 ITR 129 (Bom) wherein Hon’ble Bombay High Court has considered the following substantial questions of law as under:- “(a) Whether on the facts and circumstances of the case and in law, the Tribunal was justified in deleting the disallowance of unpaid service tax under section 43B of the Act without appreciating that the said liability was clearly disallo…