CIT v. Petroleum India International

29 Taxmann.com 250High Court2013#14639 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Also reported as

351 ITR 295

Sections most often in play

Section 10 Section 115JAA Section 115JB Section 143(3)Section 14A Section 194A(3)Section 244A Section 254

Judgments citing CIT v. Petroleum India International

ACIT, CIRCLE-2(1)(1), MUMBAI vs. M/S BANK OF INDIA, MUMBAI

In the result, appeal of the revenue is dismissed

ITA 1549/MUM/2023[2013-2014]Status: DisposedITAT Mumbai23 Dec 2025AY 2013-2014

Bench: MS. SUCHITRA RAGHUNATH KAMBLE (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)

For Appellant: Shri P. J. Pardiwala, Sr. Advocate and Shri C. Naresh, CAFor Respondent: Shri Satya Pal Kumar, CIT DR

Section 10Section 115JSection 143(3)Section 14ASection 90

…IN THE INCOME TAX APPELLATE TRIBUNAL “I” BENCH MUMBAI BEFORE MS. SUCHITRA RAGHUNATH KAMBLE, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER Assessment Year: 2013-14 Bank Of India Assistant Commissioner of 8th Floor, Income-tax-2(1)(1), Taxation Department, Star Mumbai Vs. House, C-5, 'G'-Block, BKC, Bandra (E), Mumbai - 400051 (PAN: AAACB0472C) (Assessee) (Respondent) Assessment Year: 2013-14 Assistant Commissioner of Bank Of India Income-tax-2(1)(1), 8th Floor, Mumbai Vs. Taxation Department, Star House, C-5, 'G'-Block, BKC, Bandra (E), Mumbai - 400051 (PAN: AAACB0472C) (Appellant) (Respondent) Pres…

BANK OF INDIA,MUMBAI vs. THE ACIT-2(1)(1), MUMBAI

ITA 1397/MUM/2023[2013-14]Status: DisposedITAT Mumbai23 Dec 2025AY 2013-14

Bench: Ms. Suchitra Raghunath Kamble & Shri Girish Agrawal

Section 10Section 115JSection 143(3)Section 14ASection 90

…IN THE INCOME TAX APPELLATE TRIBUNAL "I" BENCH MUMBAI BEFORE MS. SUCHITRA RAGHUNATH KAMBLE, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA No. 1397/MUM/2023 Assessment Year: 2013-14 Bank Of India 8th Floor, Taxation Department, Star House, C-5, 'G'-Block, BKC, Bandra (E), Mumbai - 400051 (PAN: AAACB0472C) (Assessee) Vs. Assistant Commissioner of Income-tax-2(1)(1), Mumbai (Respondent) ITA No. 1549/MUM/2023 Assessment Year: 2013-14 Assistant Commissioner of Income-tax-2(1)(1), Mumbai Bank Of India 8th Floor, Vs. Taxation Department, Star House, C-5, 'G'-Block, BKC, Bandra (E), Mumbai - 40005…

BANK OF INDIA,MUMBAI vs. DCIT - 2(1)(1), MUMBAI

In the result, the appeal is partly allowed for statistical purposes in the terms indicated above

ITA 869/MUM/2018[2012-13]Status: DisposedITAT Mumbai04 Mar 2021AY 2012-13

Section 250Section 90Section 90nSection 91

…ITA No: 869/Mum/2018 Assessment year: 2012-13 Page 1 of 49 INCOME TAX APPELLATE TRIBUNAL MUMBAI ‘I’ BENCH, MUMBAI [Coram: Pramod Kumar, Vice President, and, Vikas Awasthy Judicial Member] ITA No.: 869/Mum/2018 Assessment year: 2012-13 Bank of India …………………….. Appellant 8th floor, Star House, C 5 G Block, BKC, Bandra East, Mumbai 400 051 [PAN: AAACB0472C] Vs. Assistant Commissioner of Income Tax Circle 2(1)(1), Mumbai ………………….Respondent Appearances: C Naresh, for the appellant Sanjay Singh, for the respondent Date of concluding the hearing : February 4, 2021 Date of pronouncing the order : March 4, 2021 O R D E R…

EMCURE PHARMACEUTICALS LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

In the result, appeal of the assessee is allowed

ITA 407/PUN/2017[2012-13]Status: DisposedITAT Pune17 Dec 2019AY 2012-13

Bench: Shri Anil Chaturvedi, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No.407/Pun/2017 नििाारण वषा / Assessment Year : 2012-13

For Appellant: Shri Nikhil PathakFor Respondent: Mrs. Nandita Kanchan

Section 35(1)(iv)Section 35ASection 37(1)

…d that identical issue came before the Tribunal and the Tribunal decided the same in favour of the assessee. The Ld. Counsel further placed reliance on the judgment of the Hon‟ble Jurisdictional High Court in the case of CIT Vs. Petroleum India International, 351 ITR 295 wherein the Hon‟ble High Court has held that the object of section 91(1) is to give relief from taxation in India to extent taxes have been paid abroad for relevant previous year and this relief is not dependent upon payment also being made in previous year. The Tribunal thereafter, on this issue has held as follows: “13. After hearing both the…

EMCURE PHARMACEUTICALS LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,,

In the result, the appeal of the assessee is allowed

ITA 226/PUN/2017[2011-12]Status: DisposedITAT Pune27 Aug 2019AY 2011-12

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.226/Pun/2017 िनधा"रण वष" / Assessment Year : 2011-12 Emcure Pharmaceuticals Ltd., Bhosari, Pune-411026. .......अपीलाथ" / Appellant Pan : Aaace4574C बनाम / V/S. Dcit, Central Circle-2(1). ……""यथ" / Respondent Pune. Assessee By : Shri Nikhil Pathak Revenue By : Shri S. B. Prasad सुनवाई क" तारीख / Date Of Hearing : 19.08.2019 घोषणा क" तारीख / Date Of Pronouncement : 27.08.2019 आदेश / Order Per D. Karunakara Rao, Am: This Appeal Is Filed By The Assessee Against The Order Of Cit(A)-12, Pune Dated 24.11.2016 For The Assessment Year 2011-12. 2. In This Appeal, The Assessee Raised Mainly Two Issues By Way Of Various Grounds Of Appeal. The First Issue Relates To The Disallowance Of Marketing & Sales Promotion Expenses & The Second Issue Relates To The Claim Of Credit For Foreign Tds Of Rs.73,72,181/-. 3. We Shall Now Take Up The Issue-Wise Adjudication For Disposing Of The Appeal Of The Assessee.

For Appellant: Shri Nikhil PathakFor Respondent: Shri S. B. Prasad

Section 37(1)

…the assessee. The contents of para 12 of the said decision of the Tribunal (supra) are relevant in this regard. 11. The ld. Counsel further placed reliance on the judgement of the Jurisdictional High Court in the case of CIT vs. Petroleum India International, 351 ITR 295 and submitted that the Hon’ble High Court in the said judgment held that the object of section 91(1) is to give relief from taxation in India to extent taxes have been paid abroad for relevant previous year and this relief is not dependent upon payment also being made in previous year. 10 12. On the other hand, ld. DR for the Revenue relied heav…

THE NEW INDIA ASSURANCE COMPANY LIMITED,MUMBAI vs. ADDL CIT 1(3), MUMBAI

In the result, both the appeals of the assessee and revenue are treated as partly allowed

ITA 2330/MUM/2009[2005-2006]Status: DisposedITAT Mumbai25 May 2016AY 2005-2006

Bench: S/Shri B.R. Baskaran (Am) & Amit Shukla (Jm)

Section 14ASection 35DSection 44Section 69B

…the orders passed by the tax authorities on this issue. 14. The next issue urged by the assessee relates to the non-granting of credit for foreign taxes paid by it. The Ld A.R placed reliance on the decision rendered by Hon’ble Bombay High Court reported in 351 ITR 295 and submitted that the year of payment of foreign tax is irrelevant. He further submitted that the income offered by the assessee and the relevant TDS is matching. Accordingly, by placing reliance on sec. 91 of the Act, he submitted that the AO should be directed to give credit for TDS. 15. We heard Ld D.R on this issue and perused the record.…

THE ACIT 1(3), MUMBAI vs. THE THE NEW INDIA ASSURANCE CO. LTD, MUMBAI

In the result, both the appeals of the assessee and revenue are treated as partly allowed

ITA 2276/MUM/2009[2005-2006]Status: DisposedITAT Mumbai25 May 2016AY 2005-2006

Bench: S/Shri B.R. Baskaran (Am) & Amit Shukla (Jm)

Section 14ASection 35DSection 44Section 69B