CIT v. Vares International Pvt. Ltd.

225 ITR 831Reported decision#15355 most cited
6

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2016 to 2016.

Judgments citing CIT v. Vares International Pvt. Ltd.

Bharat Sanchar Nigam Ltd., New Delhi vs. ACIT, New Delhi

The appeals of the assessee are allowed

ITA 6459/DEL/2012[2009-10]Status: DisposedITAT Delhi13 May 2016AY 2009-10

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaay: 2005-06 Ay: 2009-10

For Appellant: Shri Tarandeep Singh, AdvFor Respondent: Shri Ravi Jain, CIT DR
Section 115JSection 143(3)Section 271(1)Section 271(1)(c)Section 80I

…indings of the First Appellate Authority. The quantum of the license fee paid is neither tax, duty, cess or fees. The Ld. CIT(A) has rightly relied on the decision of Hon’ble Calcutta High Court in the case of CIT vs. Varas International Pvt. Ltd. reported in 225 ITR 831. The ‘license fees’ being a charge received by the government for parting with rights, is neither a tax, nor a duty, nor a fees, nor a cess within the meaning of S.43B of the Act. Hence this Sec.43B cannot be applied. 4.8. In view of the above discussion we allow the appeal of the assessee and dismiss the appeal of the Revenue on this issue. As w…

DCIT, New Delhi vs. M/S. Bharat Sanchar Nigam Ltd., New Delhi

The appeals of the assessee are allowed

ITA 5916/DEL/2012[2009-10]Status: DisposedITAT Delhi13 May 2016AY 2009-10

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaay: 2005-06 Ay: 2009-10

For Appellant: Shri Tarandeep Singh, AdvFor Respondent: Shri Ravi Jain, CIT DR
Section 115JSection 143(3)Section 271(1)Section 271(1)(c)Section 80I

…indings of the First Appellate Authority. The quantum of the license fee paid is neither tax, duty, cess or fees. The Ld. CIT(A) has rightly relied on the decision of Hon’ble Calcutta High Court in the case of CIT vs. Varas International Pvt. Ltd. reported in 225 ITR 831. The ‘license fees’ being a charge received by the government for parting with rights, is neither a tax, nor a duty, nor a fees, nor a cess within the meaning of S.43B of the Act. Hence this Sec.43B cannot be applied. 4.8. In view of the above discussion we allow the appeal of the assessee and dismiss the appeal of the Revenue on this issue. As w…

ACIT, New Delhi vs. M/S. Bharat Sanchar Nigam Ltd., New Delhi

The appeals of the assessee are allowed

ITA 2799/DEL/2012[2005-06]Status: DisposedITAT Delhi13 May 2016AY 2005-06

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaay: 2005-06 Ay: 2009-10

For Appellant: Shri Tarandeep Singh, AdvFor Respondent: Shri Ravi Jain, CIT DR
Section 115JSection 143(3)Section 271(1)Section 271(1)(c)Section 80I

…indings of the First Appellate Authority. The quantum of the license fee paid is neither tax, duty, cess or fees. The Ld. CIT(A) has rightly relied on the decision of Hon’ble Calcutta High Court in the case of CIT vs. Varas International Pvt. Ltd. reported in 225 ITR 831. The ‘license fees’ being a charge received by the government for parting with rights, is neither a tax, nor a duty, nor a fees, nor a cess within the meaning of S.43B of the Act. Hence this Sec.43B cannot be applied. 4.8. In view of the above discussion we allow the appeal of the assessee and dismiss the appeal of the Revenue on this issue. As w…

Bharat Sanchar Nigam Ltd., New Delhi vs. DCIT, New Delhi

The appeals of the assessee are allowed

ITA 2196/DEL/2012[2005-06]Status: DisposedITAT Delhi13 May 2016AY 2005-06

Bench: Shri S.V. Mehrotra & Shri Sudhanshu Srivastavaay: 2005-06 Ay: 2009-10

For Appellant: Shri Tarandeep Singh, AdvFor Respondent: Shri Ravi Jain, CIT DR
Section 115JSection 143(3)Section 271(1)Section 271(1)(c)Section 80I

…indings of the First Appellate Authority. The quantum of the license fee paid is neither tax, duty, cess or fees. The Ld. CIT(A) has rightly relied on the decision of Hon’ble Calcutta High Court in the case of CIT vs. Varas International Pvt. Ltd. reported in 225 ITR 831. The ‘license fees’ being a charge received by the government for parting with rights, is neither a tax, nor a duty, nor a fees, nor a cess within the meaning of S.43B of the Act. Hence this Sec.43B cannot be applied. 4.8. In view of the above discussion we allow the appeal of the assessee and dismiss the appeal of the Revenue on this issue. As w…

Bharat Sanchar Nigam Ltd vs. DCIT Circle 2 (1)

In the result this ground is allowed for statistical purposes

ITA 3718/DEL/2006[2003-2004]Status: DisposedITAT Delhi22 Jan 2016AY 2003-2004

Bench: Smt. Diva Singh & Shri J. Sudhakar Reddyay: 2003-04 Ay: 2004-05 Ay: 2005-06 Ay: 2006-07 Ay: 2007-08 Ay: 2008-09 Ay: 2008-09 Bharat Sanchar Nigam Ltd. Vs. Acit, Range 2 Taxation Section, 1St Floor New Delhi Bharat Sanchar Bhavan Janpath New Delhi Ay: 2003-04 Ay: 2008-09 Ay: 2005-06 Ay: 2006-07 Ay: 2007-08

For Appellant: Shri Tarandeep Singh, AdvFor Respondent: Smt. Anuradha Misra, CIT, D.R
Section 37

…owance to 15% of the total amount claimed under this head on adhoc basis. On the alternative ground of disallowance made by the AO u/s 43B of the Act, he followed the decision of Hon’ble Calcutta High Court in the case of CIT vs. Vares International Pvt. Ltd. 225 ITR 831 and held that, the license fee in question cannot be treated as tax, duty, cess or fees as has been envisaged u/s 43B of the Act and hence a disallowance cannot be made under this Section. Aggrieved with this order both the assessee as well as the Revenue have filed appeals. 4.4. After hearing rival contentions we find that the issue in question…

DCIT Circle 2 (1) vs. Bharat Sanchar Nigam Ltd

In the result this ground is allowed for statistical purposes

ITA 3440/DEL/2006[2003-2004]Status: DisposedITAT Delhi22 Jan 2016AY 2003-2004

Bench: Smt. Diva Singh & Shri J. Sudhakar Reddyay: 2003-04 Ay: 2004-05 Ay: 2005-06 Ay: 2006-07 Ay: 2007-08 Ay: 2008-09 Ay: 2008-09 Bharat Sanchar Nigam Ltd. Vs. Acit, Range 2 Taxation Section, 1St Floor New Delhi Bharat Sanchar Bhavan Janpath New Delhi Ay: 2003-04 Ay: 2008-09 Ay: 2005-06 Ay: 2006-07 Ay: 2007-08

For Appellant: Shri Tarandeep Singh, AdvFor Respondent: Smt. Anuradha Misra, CIT, D.R
Section 37

…owance to 15% of the total amount claimed under this head on adhoc basis. On the alternative ground of disallowance made by the AO u/s 43B of the Act, he followed the decision of Hon’ble Calcutta High Court in the case of CIT vs. Vares International Pvt. Ltd. 225 ITR 831 and held that, the license fee in question cannot be treated as tax, duty, cess or fees as has been envisaged u/s 43B of the Act and hence a disallowance cannot be made under this Section. Aggrieved with this order both the assessee as well as the Revenue have filed appeals. 4.4. After hearing rival contentions we find that the issue in question…

CIT v. Vares International Pvt. Ltd. (225 ITR 831) — Cited in 6 Judgments | BharatTax