CIT v. Tara Agencies

292 ITR 444Supreme Court of India2007#1422 most cited

What is CIT v. Tara Agencies authority for?

When interpreting fiscal legislation, courts must adhere strictly to the plain and unambiguous language of the statute, without introducing intendment, equity, or words not present in the text, irrespective of perceived hardship. The legislative intent must be gathered solely from what has been said and not said in the statutory language.

80

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2011 to 2025.

Also referred to as

CIT v. Tara Agencies · 292 ITR 444 · Supreme Court · statutory interpretation · fiscal legislation interpretation · plain language rule · no equity in tax law · legislative intent · literal construction · section 115JB · section 14A · section 80JJAA

Also reported as

162 Taxmann 337

Sections most often in play

Section 115JBSection 37(1)Section 14ASection 2(24)(xviii)Section 36(1)(va)Section 43BSection 80-IESection 80JJAA
Read the full judgment

Issues it is cited on

section 2(24)(xviii)section 14a disallowancereal income theorysection 80jjasection 80jjaamat credittrade creditorsweighted deductionprohibited by lawtransfer of capital assetindexed cost of acquisitionincome tax settlement commission

Judgments citing CIT v. Tara Agencies

ACIT, Central Circle- 19, New Delhi vs. Amq Agro India Pvt. Ltd., New Delhi

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

ITA 4409/DEL/2018[2014-15]Status: DisposedITAT Delhi22 Jan 2021AY 2014-15

Bench: Sh. H. S. Sidhudr. B. R. R. Kumar(Through Video Conferencing) Ita No. 2805/Del/2018 : Asstt. Year : 2013-14 Ita No. 2806/Del/2018 : Asstt. Year : 2014-15 M/S Amq Agro India Pvt. Ltd. Vs Asstt. Commissioner Of Income C-134, Ground Floor, Defence Tax, Central Circle-19, Colony, New Delhi-110024 New Delhi (Appellant) (Respondent) Pan No. Aaeca0929M

For Appellant: Sh. Sh. Hiren Mehta, CA &For Respondent: Ms. Pramita M. Biswas, CIT DR
Section 153A

…before the Ld. CIT(A). 13. The Ld CIT DR vehemently supported the orders of the lower authorities, relying on the following judicial pronouncement: a. PCIT Vs.Paramount Communication (P) Ltd. 2017-TIOL-253-H.C-IT b. PCIT Vs. Paramount Communication (P) Ltd. 292 ITR 444 c. CIT Vs. Arun Malhotra 363ITR 195 d. N K Proteins Vs. CIT 2017-TIOL-23HC-U e. Vijay Proteins Ltd. Vs. ACIT 58 ITD 428 (Ahmadabad) f. CIT Vs. La Medica 117 Taxmann 628 (Delhi) 14. The various decisions cited by the Ld. CIT DR as well as the contention of the assessee before the lower authorities were considered. The Hon'ble Supreme Court in cas…

DCIT, Central Circle- 19, New Delhi vs. Amq Agro India Pvt. Ltd., New Delhi

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

ITA 4408/DEL/2018[2013-14]Status: DisposedITAT Delhi22 Jan 2021AY 2013-14

Bench: Sh. H. S. Sidhudr. B. R. R. Kumar(Through Video Conferencing) Ita No. 2805/Del/2018 : Asstt. Year : 2013-14 Ita No. 2806/Del/2018 : Asstt. Year : 2014-15 M/S Amq Agro India Pvt. Ltd. Vs Asstt. Commissioner Of Income C-134, Ground Floor, Defence Tax, Central Circle-19, Colony, New Delhi-110024 New Delhi (Appellant) (Respondent) Pan No. Aaeca0929M

For Appellant: Sh. Sh. Hiren Mehta, CA &For Respondent: Ms. Pramita M. Biswas, CIT DR
Section 153A

…before the Ld. CIT(A). 13. The Ld CIT DR vehemently supported the orders of the lower authorities, relying on the following judicial pronouncement: a. PCIT Vs.Paramount Communication (P) Ltd. 2017-TIOL-253-H.C-IT b. PCIT Vs. Paramount Communication (P) Ltd. 292 ITR 444 c. CIT Vs. Arun Malhotra 363ITR 195 d. N K Proteins Vs. CIT 2017-TIOL-23HC-U e. Vijay Proteins Ltd. Vs. ACIT 58 ITD 428 (Ahmadabad) f. CIT Vs. La Medica 117 Taxmann 628 (Delhi) 14. The various decisions cited by the Ld. CIT DR as well as the contention of the assessee before the lower authorities were considered. The Hon'ble Supreme Court in cas…

Amq Agro India Pvt. Ltd., New Delhi vs. ACIT, Central Circle- 19, New Delhi

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

ITA 2806/DEL/2018[2014-15]Status: DisposedITAT Delhi22 Jan 2021AY 2014-15

Bench: Sh. H. S. Sidhudr. B. R. R. Kumar(Through Video Conferencing) Ita No. 2805/Del/2018 : Asstt. Year : 2013-14 Ita No. 2806/Del/2018 : Asstt. Year : 2014-15 M/S Amq Agro India Pvt. Ltd. Vs Asstt. Commissioner Of Income C-134, Ground Floor, Defence Tax, Central Circle-19, Colony, New Delhi-110024 New Delhi (Appellant) (Respondent) Pan No. Aaeca0929M

For Appellant: Sh. Sh. Hiren Mehta, CA &For Respondent: Ms. Pramita M. Biswas, CIT DR
Section 153A

…before the Ld. CIT(A). 13. The Ld CIT DR vehemently supported the orders of the lower authorities, relying on the following judicial pronouncement: a. PCIT Vs.Paramount Communication (P) Ltd. 2017-TIOL-253-H.C-IT b. PCIT Vs. Paramount Communication (P) Ltd. 292 ITR 444 c. CIT Vs. Arun Malhotra 363ITR 195 d. N K Proteins Vs. CIT 2017-TIOL-23HC-U e. Vijay Proteins Ltd. Vs. ACIT 58 ITD 428 (Ahmadabad) f. CIT Vs. La Medica 117 Taxmann 628 (Delhi) 14. The various decisions cited by the Ld. CIT DR as well as the contention of the assessee before the lower authorities were considered. The Hon'ble Supreme Court in cas…

Amq Agro India Pvt. Ltd., New Delhi vs. ACIT, Central Circle- 19, New Delhi

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

ITA 2805/DEL/2018[2013-14]Status: DisposedITAT Delhi22 Jan 2021AY 2013-14

Bench: Sh. H. S. Sidhudr. B. R. R. Kumar(Through Video Conferencing) Ita No. 2805/Del/2018 : Asstt. Year : 2013-14 Ita No. 2806/Del/2018 : Asstt. Year : 2014-15 M/S Amq Agro India Pvt. Ltd. Vs Asstt. Commissioner Of Income C-134, Ground Floor, Defence Tax, Central Circle-19, Colony, New Delhi-110024 New Delhi (Appellant) (Respondent) Pan No. Aaeca0929M

For Appellant: Sh. Sh. Hiren Mehta, CA &For Respondent: Ms. Pramita M. Biswas, CIT DR
Section 153A

…before the Ld. CIT(A). 13. The Ld CIT DR vehemently supported the orders of the lower authorities, relying on the following judicial pronouncement: a. PCIT Vs.Paramount Communication (P) Ltd. 2017-TIOL-253-H.C-IT b. PCIT Vs. Paramount Communication (P) Ltd. 292 ITR 444 c. CIT Vs. Arun Malhotra 363ITR 195 d. N K Proteins Vs. CIT 2017-TIOL-23HC-U e. Vijay Proteins Ltd. Vs. ACIT 58 ITD 428 (Ahmadabad) f. CIT Vs. La Medica 117 Taxmann 628 (Delhi) 14. The various decisions cited by the Ld. CIT DR as well as the contention of the assessee before the lower authorities were considered. The Hon'ble Supreme Court in cas…

Ttk Healthcare Tpa Private Limited vs. The Deputy Commissioner

In the result, the appeal is disposed of

ITA/303/2013HC Karnataka12 Oct 2020

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

Section 133ASection 194JSection 201Section 201(1)Section 260Section 260A

…1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER 2020 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD I.T.A. NO.303 OF 2013 BETWEEN: TTK HEALTHCARE TPA PRIVATE LIMITED NO.2, H.B. COMPLEX 100FT. BTM RING ROAD BTM 1ST STAGE, BTM LAYOUT BANGALORE-560068 REPRESENTED HEREIN BY ITS MANAGING DIRECTOR MR. GIRISH RAO. ... APPELLANT (BY Mr. T SURYANARAYANA, ADV.,) AND: 1. THE DEPUTY COMMISSIONER OF INCOME TAX (TDS) TDS CIRCLE-18(2), 4TH FLOOR NO.59, HMT BHAVAN BELLARY ROAD, BANGALORE-560032. 2. T…

DCIT CC 3(2) Cen RG 3, Mumbai vs. Vivek Mehrotra, Mumbai

In the result, all the appeals are dismissed, in the terms indicated above

ITA 2175/MUM/2018[2010-11]Status: DisposedITAT Mumbai27 May 2020AY 2010-11
Section 143(3)Section 80I

…and the exemption available to 100% EOU u/s 10B of the Act are very similar in nature and the wordings of the statutory provisions are similar in nature. Hon’ble Kerala High Court also considered the judgment in the decision of Supreme Court in Tara Agencies (292 ITR 444 (SC) relied upon by the Sr. Standing Counsel for the revenue, wherein Hon’ble Supreme Court clearly held that blending of tea does not amount to ‘manufacture’ or ‘production’ of an article or thing, but is only processing. Hon’ble High Court allowing the appeal of the assessee held that the assessee was exclusively engaged in blending and packing…

DCIT CC 3(2) Cen RG 3, Mumbai vs. Vivek Mehrotra, Mumbai

In the result, all the appeals are dismissed, in the terms indicated above

ITA 2174/MUM/2018[2011-12]Status: DisposedITAT Mumbai27 May 2020AY 2011-12
Section 143(3)Section 80I

…and the exemption available to 100% EOU u/s 10B of the Act are very similar in nature and the wordings of the statutory provisions are similar in nature. Hon’ble Kerala High Court also considered the judgment in the decision of Supreme Court in Tara Agencies (292 ITR 444 (SC) relied upon by the Sr. Standing Counsel for the revenue, wherein Hon’ble Supreme Court clearly held that blending of tea does not amount to ‘manufacture’ or ‘production’ of an article or thing, but is only processing. Hon’ble High Court allowing the appeal of the assessee held that the assessee was exclusively engaged in blending and packing…

DCIT CC 3(2) Cen RG 3, Mumbai vs. Vivek Mehrotra, Mumbai

In the result, all the appeals are dismissed, in the terms indicated above

ITA 2173/MUM/2018[2012-13]Status: DisposedITAT Mumbai27 May 2020AY 2012-13
Section 143(3)Section 80I

…and the exemption available to 100% EOU u/s 10B of the Act are very similar in nature and the wordings of the statutory provisions are similar in nature. Hon’ble Kerala High Court also considered the judgment in the decision of Supreme Court in Tara Agencies (292 ITR 444 (SC) relied upon by the Sr. Standing Counsel for the revenue, wherein Hon’ble Supreme Court clearly held that blending of tea does not amount to ‘manufacture’ or ‘production’ of an article or thing, but is only processing. Hon’ble High Court allowing the appeal of the assessee held that the assessee was exclusively engaged in blending and packing…

Religare Capital Markets Ltd., Noida vs. ACIT, New Delhi

ITA 1763/DEL/2017[2012-13]Status: DisposedITAT Delhi10 Oct 2019AY 2012-13

Bench: Shri Kuldip Singh & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr AdvoateFor Respondent: Shri H. K. Choudhary, CIT DR
Section 143(2)Section 143(3)Section 144CSection 144C(5)Section 92C

…ettled rule of interpretation of statutes to interpret the statute as it is; further, it is contrary to all rules of construction to read words into a statute which the Legislature in its wisdom has deliberately not incorporated. [Refer CIT vs. Tara Agencies: 292 ITR 444 (SC) reproduced infra] Explaining the same, Justice (Retd.) G.P. Singh in his celebrated treatise on the ‗Principles of Statutory Interpretation‘ [Twelfth Edition, 2010] @ 85-86, noted that: ―The words of a statute are first understood in their natural, ordinary or popular sense and phrases and sentences are construes according to their grammatic…

M/S Religare Capital Markets Limited, New Delhi vs. DCIT, New Delhi

ITA 1881/DEL/2014[2009-10]Status: PendingITAT Delhi10 Oct 2019AY 2009-10

Bench: Shri Kuldip Singh & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr AdvoateFor Respondent: Shri H. K. Choudhary, CIT DR
Section 143(2)Section 143(3)Section 144CSection 144C(5)Section 92C

…ettled rule of interpretation of statutes to interpret the statute as it is; further, it is contrary to all rules of construction to read words into a statute which the Legislature in its wisdom has deliberately not incorporated. [Refer CIT vs. Tara Agencies: 292 ITR 444 (SC) reproduced infra] Explaining the same, Justice (Retd.) G.P. Singh in his celebrated treatise on the ‗Principles of Statutory Interpretation‘ [Twelfth Edition, 2010] @ 85-86, noted that: ―The words of a statute are first understood in their natural, ordinary or popular sense and phrases and sentences are construes according to their grammatic…

The Income Tax Officer, Amritsar vs. Sh. Shiv Raj Singh Bawa, Amritsar

In the result, the Revenue’s appeal is allowed and the assessee’s CO, dismissed

ITA 407/ASR/2016[2012-13]Status: DisposedITAT Amritsar30 Jan 2019AY 2012-13

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 407/Asr/2016 Assessment Year: 2012-13

For Appellant: Sh. Charan Dass (D.R.)For Respondent: Sh. Tarun Bansal (Adv.)
Section 143(3)Section 40A(3)

…et the exemption from the rigors of s. 40A(3) if he is able to establish that his case falls within any of the cls. (a) to (m) of r. 6DD. Burden would be upon the assessee to establish under which particular clause his case falls.—CIT vs. Tara Agencies [2007] 292 ITR 444 (SC) and CIT vs. Anjum M.H. Ghaswala & Ors. [2001] 252 ITR 1 (SC) relied on. (emphasis by us) Continuing further, on facts, the tribunal in Dhanshree Ispat (supra) found that the freight expenditure had indeed been incurred, noting the fact that the truck drivers, as per the trade practice, did not accept payments other than in cash. In the pres…

ACIT, Cir-3(2), Gangtok, Sikkim vs. M/S Unicorn Industries, Sikkim

Appeal is partly allowed in above terms

ITA 48/KOL/2016[2010-2011]Status: DisposedITAT Kolkata25 Jan 2019AY 2010-2011

Bench: Sri S.S. Godara & Sri M. Balaganesh) Assessment Year: 2010-11

Section 142(1)Section 143(3)Section 148Section 80I

…and the exemption available to 100% EOU u/s 10B of the Act are very similar in nature and the wordings of the statutory provisions are similar in nature. Hon'ble Kerala High Court also considered the judgment in the decision of Supreme Court in Tara Agencies (292 ITR 444 (SC) relied upon by the Sr. Standing Counsel for the revenue, wherein Hon'ble Supreme Court clearly held that blending of tea does not amount to 'manufacture' or 'production' of an article or thing, but is only processing. Hon'ble High Court allowing the appeal of the assessee held that the assessee was exclusively engaged in blending and packing…

D.C.I.T./A.C.I.T., Circle-3(2), Gangtok, Sikkim vs. M/S Unicorn Industries, Sikkim

Appeals are allowed

ITA 1965/KOL/2016[2011-12]Status: DisposedITAT Kolkata31 Aug 2018AY 2011-12

Bench: Shri S.S.Godara & Shri, M. Balaganesh

Section 142(1)Section 143(3)Section 148Section 80I

…ction 10A and section 10AA respectively. The still worse position is that the appellant would be denied of export exemption available under section 80HHC even to a merchant exporter. In our view, the decision of the Supreme Court in Tara Agencies’ case [2007] 292 ITR 444 (SC) is not applicable for the purpose of considering exemption for industries in the export processing zones, free trade zones and to 100 per cent export oriented units covered by sections 10A, 10AA and 10B of the Income tax Act. Therefore, following the judgment of this court above referred to we hold that the assessee is entitled to exemption…

D.C.I.T./A.C.I.T., Circle-3(2), Gangtok, Sikkim vs. M/S Unicorn Industries, Sikkim

Appeals are allowed

ITA 1964/KOL/2016[2009-10]Status: DisposedITAT Kolkata31 Aug 2018AY 2009-10

Bench: Shri S.S.Godara & Shri, M. Balaganesh

Section 142(1)Section 143(3)Section 148Section 80I

…ction 10A and section 10AA respectively. The still worse position is that the appellant would be denied of export exemption available under section 80HHC even to a merchant exporter. In our view, the decision of the Supreme Court in Tara Agencies’ case [2007] 292 ITR 444 (SC) is not applicable for the purpose of considering exemption for industries in the export processing zones, free trade zones and to 100 per cent export oriented units covered by sections 10A, 10AA and 10B of the Income tax Act. Therefore, following the judgment of this court above referred to we hold that the assessee is entitled to exemption…

D.C.I.T./A.C.I.T., Circle-3(2), Gangtok, Sikkim vs. M/S Unicorn Industries, Sikkim

Appeals are allowed

ITA 1963/KOL/2016[2008-09]Status: DisposedITAT Kolkata31 Aug 2018AY 2008-09

Bench: Shri S.S.Godara & Shri, M. Balaganesh

Section 142(1)Section 143(3)Section 148Section 80I

…ction 10A and section 10AA respectively. The still worse position is that the appellant would be denied of export exemption available under section 80HHC even to a merchant exporter. In our view, the decision of the Supreme Court in Tara Agencies’ case [2007] 292 ITR 444 (SC) is not applicable for the purpose of considering exemption for industries in the export processing zones, free trade zones and to 100 per cent export oriented units covered by sections 10A, 10AA and 10B of the Income tax Act. Therefore, following the judgment of this court above referred to we hold that the assessee is entitled to exemption…

D.C.I.T./A.C.I.T., Circle-3(2), Gangtok vs. M/S Unicorn Industries, Sikkim

Appeals are allowed

ITA 1962/KOL/2016[2007-08]Status: DisposedITAT Kolkata31 Aug 2018AY 2007-08

Bench: Shri S.S.Godara & Shri, M. Balaganesh

Section 142(1)Section 143(3)Section 148Section 80I

…ction 10A and section 10AA respectively. The still worse position is that the appellant would be denied of export exemption available under section 80HHC even to a merchant exporter. In our view, the decision of the Supreme Court in Tara Agencies’ case [2007] 292 ITR 444 (SC) is not applicable for the purpose of considering exemption for industries in the export processing zones, free trade zones and to 100 per cent export oriented units covered by sections 10A, 10AA and 10B of the Income tax Act. Therefore, following the judgment of this court above referred to we hold that the assessee is entitled to exemption…

The Assistant Commissioner of Income Tax, Jammu vs. Sh. Darshan Kumar Mahajan, Pathankot

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

ITA 566/ASR/2016[2013-14]Status: DisposedITAT Amritsar18 Apr 2018AY 2013-14

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 566(Asr)/2016 Assessment Year: 2013-14 Pan: Adjpm7623B

For Appellant: Sh. A. N. Mishra (D. R.)For Respondent: Sh. J. S. Bhasin (Adv.)
Section 143(3)Section 28Section 40A(3)

…et the exemption from the rigors of s. 40A(3) if he is able to establish that his case falls within any of the cls. (a) to (m) of r. 6DD. Burden would be upon the assessee to establish under which particular clause his case falls.—CIT vs. Tara Agencies [2007] 292 ITR 444 (SC) and CIT vs. Anjum M.H. Ghaswala & Ors. [2001] 252 ITR 1 (SC) relied on. Clause (j) of rule 6DD was originally cast in general terms, excepting genuine circumstances warranting payment in other than the prescribed mode. The Apex Court alluded to this rule while upholding the constitutionality of the provision in Attar Singh Gurmukh Singh (su…

Indian Aluminium Company Ltd, Mumbai vs. DCIT Cen Cir 1(4), Mumbai

In the result, the appeal is dismissed

ITA 5326/MUM/2015[1991-92]Status: DisposedITAT Mumbai23 Mar 2018AY 1991-92

Bench: Shri C.N. Prasad () & Shri N.K. Pradhan () Assessment Year: 1991-92 Indian Aluminum Company Dy. Commissioner Ltd. (Since Merged With Of Income Tax- Vs. Hindaloc Industries Ltd.) Central Circle-1(4), Century Bhavan Dr. Annie 9Th Floor, Old Cgo Besant Road, Worli, Building, M.K. Mumbai-400018. Road, Mumbai. Pan No. Aaaci5375F Appellant Respondent Assesseeby : Mr. Naresh Jain, Ar Revenue By : Ms. Pooja Swaroop, Dr Date Of Hearing : 02/02/2018 Date Of Pronouncement : 23/03/2018

For Appellant: Mr. Naresh Jain, ARFor Respondent: Ms. Pooja Swaroop, DR
Section 143(3)Section 154Section 244(1)(a)Section 244ASection 244A(1)(a)Section 244A(1)(b)Section 254

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “I” MUMBAI BEFORE SHRI C.N. PRASAD (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) Assessment Year: 1991-92 Indian Aluminum Company Dy. Commissioner Ltd. (Since merged with of Income Tax- Vs. Hindaloc Industries Ltd.) Central Circle-1(4), Century Bhavan Dr. Annie 9th floor, Old CGO Besant Road, Worli, Building, M.K. Mumbai-400018. Road, Mumbai. PAN No. AAACI5375F Appellant Respondent Assesseeby : Mr. Naresh Jain, AR Revenue by : Ms. Pooja Swaroop, DR Date of Hearing : 02/02/2018 Date of pronouncement : 23/03/2018 ORDER PER N.K. PRADHAN, AM Whether…

Asst.C.I.T., Bellary vs. M/S Hothur Traders 100% Eou, Bellary

In the result, Revenue’s appeals for asst

ITA 32/BANG/2016[2011-12]Status: DisposedITAT Bangalore19 Jan 2018AY 2011-12

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boazita No.32/Bang/2016 (Asst. Years 2010-11 & 2011-12) The Asst. Commissioner Of Income-Tax, Circle-1, Bellary. . Appellant Vs. M/S Hothur Traders 100% Eou, No.85,6,7&8, Infantry Road, Cantonment, Bellary. . Respondent Pan –Aaefh7705H. Co No.55/Bang/2016 (By Assessee) Appellant By : Shri Nagendra Prasad, Cit Respondent By : Shri B.S Balachandran, Advocate Date Of Hearing : 22-11-2017 Date Of Pronouncement : 19-01-2018

For Appellant: Shri Nagendra Prasad, CITFor Respondent: Shri B.S Balachandran, Advocate
Section 10ASection 10BSection 143(3)Section 40

…well as the High Court which dealt with the issue and even the decision of Chowgule & CO (SC) as was referred by us in the preceding paras herein above. The Special Bench clearly noted in this decision, the decision of the Supreme Court in Tata Agencies' case 292 ITR 444 in which it was held blending and packing of tea amounts to processing and is not manufacturing or producing of an article or thing. In decision the Special Bench also noted that Kerala High Court in the case of Tata Tea Ltd. Vs. ACIT 338 ITR 285 (Ker.) which took the view that 100% EOU engaged in processing cannot be denied exemption on the basi…

M/S Vodafone East Limited (Formerly Known As Vodafone Essar East Limited), Kolkata vs. ACIT, Cir-7, Kolkata

343/K/2009 04-05 Revenue dismissed

ITA 431/KOL/2012[2008-2009]Status: DisposedITAT Kolkata15 Dec 2017AY 2008-2009

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

…s to interpret the statute as it is and not by adding or supplying words to it. It is contrary to all rules of construction to read words into statute which the legislature in its wisdom has deliberately not incorporated as held in CIT v. Tara Agencies [2007] 292 ITR 444/162 Taxman 337 (SC). 13.16 The true function of the Court is to interpret the law not to make it. It is well-settled that even if the legislature falls short of the mark, the Court can do nothing more than declare it be thus, giving its reasons, so that the Legislature may take notice and promptly remedy the situation. Reliance can be placed on S…