DCIT v. Dishman Pharmaceuticals & Chemicals Ltd.

45 SOT 37Income Tax Appellate Tribunal2019#4114 most cited

What is DCIT v. Dishman Pharmaceuticals & Chemicals Ltd. authority for?

Expenditure incurred in relation to exempt income is not allowable as a deduction. The Assessing Officer must appreciate that no part of interest or administrative expenditure was incurred in relation to exempt income before applying Rule 8D.

29

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2014 to 2023.

Also referred to as

Dishman Pharmaceuticals · Section 14A · Rule 8D · exempt income · disallowance · interest expenditure · administrative expenditure · business income · income tax

Also reported as

103 Taxmann.com 271

Issues it is cited on

section 145adividend distribution taxsection 145section 14asection 115personcompanysection 14section 143(3)indiatotal incomebusiness

Judgments citing DCIT v. Dishman Pharmaceuticals & Chemicals Ltd.

Dishman Pharmaceuticals & Chemicals Limited, Ahmedabad vs. The ACIT, (OSD), Range-1, Ahmedabad

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

ITA 3086/AHD/2013[2006-07]Status: DisposedITAT Ahmedabad23 May 2018AY 2006-07

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

For Respondent: Shri R.P. Maurya, Sr.DR
Section 143(2)Section 143(3)Section 92BSection 92C

…the assessment years 2002-03, 2003-04 and 2004-05 have been upheld in ITA No.903 & 1234/Ahd/2010 for the Asstt.Year 2002-03. Similarly, order for the Asstt.Year 2003-04 and 2004-05 was upheld in ITA Nos.154, 587, 2180 and 3213(Ahd) of 2007. It is reported in 45 SOT 37. Copy of this order has also been placed on record by the ld.counsel for the assessee. 8. The ld.CIT-DR while impugning order of the ld.CIT(A) submitted that Shri R.I.Patel, CIT-DR has filed written submissions, vide letter dated 26.6.2015. Copy of such submissions under signature of Shri B.Y. Chavan, Jt.CIT (TPO), Ahmedabad are available on recor…

The ACIT, (OSD)Range-1, Ahmedabad vs. M/S. Dishman Pharmaceuticals & Chemicals Ltd., Ahmedabad

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

ITA 2957/AHD/2013[2006-07]Status: DisposedITAT Ahmedabad23 May 2018AY 2006-07

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

For Respondent: Shri R.P. Maurya, Sr.DR
Section 143(2)Section 143(3)Section 92BSection 92C

…the assessment years 2002-03, 2003-04 and 2004-05 have been upheld in ITA No.903 & 1234/Ahd/2010 for the Asstt.Year 2002-03. Similarly, order for the Asstt.Year 2003-04 and 2004-05 was upheld in ITA Nos.154, 587, 2180 and 3213(Ahd) of 2007. It is reported in 45 SOT 37. Copy of this order has also been placed on record by the ld.counsel for the assessee. 8. The ld.CIT-DR while impugning order of the ld.CIT(A) submitted that Shri R.I.Patel, CIT-DR has filed written submissions, vide letter dated 26.6.2015. Copy of such submissions under signature of Shri B.Y. Chavan, Jt.CIT (TPO), Ahmedabad are available on recor…

The DCIT(OSD)Range-1, Ahmedabad vs. Dishman Pharmaceuticals & Chemicals Ltd., Ahmedabad

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

ITA 817/AHD/2011[2006-07]Status: DisposedITAT Ahmedabad23 May 2018AY 2006-07

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

For Respondent: Shri R.P. Maurya, Sr.DR
Section 143(2)Section 143(3)Section 92BSection 92C

…the assessment years 2002-03, 2003-04 and 2004-05 have been upheld in ITA No.903 & 1234/Ahd/2010 for the Asstt.Year 2002-03. Similarly, order for the Asstt.Year 2003-04 and 2004-05 was upheld in ITA Nos.154, 587, 2180 and 3213(Ahd) of 2007. It is reported in 45 SOT 37. Copy of this order has also been placed on record by the ld.counsel for the assessee. 8. The ld.CIT-DR while impugning order of the ld.CIT(A) submitted that Shri R.I.Patel, CIT-DR has filed written submissions, vide letter dated 26.6.2015. Copy of such submissions under signature of Shri B.Y. Chavan, Jt.CIT (TPO), Ahmedabad are available on recor…

Dishman Pharmaceuticals & Chemicals Ltd., Ahmedabad vs. The ACIT., (OSD)Range-1, Ahmedabad

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

ITA 773/AHD/2011[2006-07]Status: DisposedITAT Ahmedabad23 May 2018AY 2006-07

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

For Respondent: Shri R.P. Maurya, Sr.DR
Section 143(2)Section 143(3)Section 92BSection 92C

…the assessment years 2002-03, 2003-04 and 2004-05 have been upheld in ITA No.903 & 1234/Ahd/2010 for the Asstt.Year 2002-03. Similarly, order for the Asstt.Year 2003-04 and 2004-05 was upheld in ITA Nos.154, 587, 2180 and 3213(Ahd) of 2007. It is reported in 45 SOT 37. Copy of this order has also been placed on record by the ld.counsel for the assessee. 8. The ld.CIT-DR while impugning order of the ld.CIT(A) submitted that Shri R.I.Patel, CIT-DR has filed written submissions, vide letter dated 26.6.2015. Copy of such submissions under signature of Shri B.Y. Chavan, Jt.CIT (TPO), Ahmedabad are available on recor…

The DCIT(OSD)Range-1, Ahmedabad vs. Dishman Pharmaceuticals & Chemicals Ltd., Ahmedabad

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

ITA 692/AHD/2011[2005-06]Status: DisposedITAT Ahmedabad23 May 2018AY 2005-06

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

For Respondent: Shri R.P. Maurya, Sr.DR
Section 143(2)Section 143(3)Section 92BSection 92C

…the assessment years 2002-03, 2003-04 and 2004-05 have been upheld in ITA No.903 & 1234/Ahd/2010 for the Asstt.Year 2002-03. Similarly, order for the Asstt.Year 2003-04 and 2004-05 was upheld in ITA Nos.154, 587, 2180 and 3213(Ahd) of 2007. It is reported in 45 SOT 37. Copy of this order has also been placed on record by the ld.counsel for the assessee. 8. The ld.CIT-DR while impugning order of the ld.CIT(A) submitted that Shri R.I.Patel, CIT-DR has filed written submissions, vide letter dated 26.6.2015. Copy of such submissions under signature of Shri B.Y. Chavan, Jt.CIT (TPO), Ahmedabad are available on recor…

Maruti Suzuki India Ltd., New Delhi vs. Addl. CIT, New Delhi

In the result, the appeal of the assessee is allowed in part for statistical purposes

ITA 6021/DEL/2012[2008-09]Status: DisposedITAT Delhi09 Nov 2017AY 2008-09

Bench: Shri N.K. Saini & Shri K.N. Charry

Section 143(3)Section 144CSection 144C(5)Section 14ASection 35DSection 43BSection 92C

…(Del.), Vidyut Investment Ltd: [2006] 10 SOT 284 (Del.) , Impulse (India) Pvt. Ltd.: (2008) 22 SOT 368 (Del.) , D.J. Mehta v. ITO: 290 ITR 238 (Mum.)(AT), Jindal Photo Ltd vs. DCIT: ITA No. 814 (Del) 2011, Dishman Pharmaceuticals & Chemicals Ltd. v. Dy. CIT: 45 SOT 37 (Ahd.), Minda Investments Ltd. Vs. Dy. CIT: 138 TTJ 240 (Del), Bunge Agribusiness (India) (P.) Ltd. v. Dy. CIT: 132 ITD 549 (Mum.) also. 6.4. In the present case of the assessee, the assessing officer has simply applied the procedure prescribed in Rule 8D of the Rules to compute the amount disallowable under section 14A of the Act without apprecia…

Saurashtra Fuels P.Ltd, Mumbai vs. DCIT Cir 3(3), Mumbai

In the result, assessee appeal in ITA No 7274/Mum/2012 for assessment year 2009-10 is partly allowed

ITA 7273/MUM/2012[2007-08]Status: DisposedITAT Mumbai06 Jun 2016AY 2007-08

Bench: Shri Saktijit Dey & Shri Ramit Kochar

For Respondent: Shri Ritesh Mishra(D.R.)
Section 143(2)Section 143(3)Section 14ASection 80M

…आयकर अपील"य अ"धकरण “E” "यायपीठ मुंबई म"। IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A. No. 7273-74/Mum/2012 ("नधा"रण वष" / Assessment Year : 2007-08 & 2009-10) Saurashtra Fuels Private Deputy Commissioner of बनाम/ Limited, C/o M/s Kucheria & Income Tax, circle 3(3) , v. Associates, 59, Jolly Maker 6 th Floor, Aayakar No.-2 Nariman Point, Bhawan, Mumbai-400 020 Mumbai-400021 "थायी लेखा सं./PAN : AAACS7271G .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Assessee by Shri B.V.Jhaveri Revenue by : Shri Ri…

Raychem Rpg P. Ltd, Mumbai vs. Addl CIT RG 7(2), Mumbai

The appeal of the assessee is allowed for statistical purposes

ITA 4641/MUM/2013[2006-07]Status: DisposedITAT Mumbai01 Jan 2016AY 2006-07

Bench: Shri Joginder Singh & Shri D. Karunakar Raoassessment Year: 2006-07 M/S Raychem Rpg Pvt. Additional Commissioner Of Ltd. Income Tax, बनाम/ Rpg House, 463, Range-7(2), Vs. Dr. Annie Beasant Road, 6Th Floor, Worli, Mumbai-400030 Aayakar Bhavan, M.K.Road, Mumbai-400020 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aaacr8032L

Section 143(3)Section 145A

…आयकर अपील"य अ"धकरण, मुंबई "यायपीठ, ‘डी’,मुंबई । IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, ‘D’ MUMBAI "ी जो"ग"दर "संह, "या"यक सद"य एवं "ी डी. क"णाकर राव, लेखा सद"य, के सम" Before Shri Joginder Singh, Judicial Member, and Shri D. Karunakar Rao, Accountant Member Assessment Year: 2006-07 M/s Raychem RPG Pvt. Additional Commissioner of Ltd. Income Tax, बनाम/ RPG House, 463, Range-7(2), Vs. Dr. Annie Beasant Road, 6th Floor, Worli, Mumbai-400030 Aayakar Bhavan, M.K.Road, Mumbai-400020 ("नधा"रती /Assessee) (राज"व /Revenue) PAN. No.AAACR8032L "नधा"रती क" ओर से / Assessee by Shri Manish Shah & Shri Chintan…

Commissioner of Income Tax-VI vs. Taikisha Engineering India Ltd

ITA/115/2014HC Delhi25 Nov 2014
Section 14ASection 260A

…ssee for making investment in mutual funds." 14.2 The AR relied on the following case laws: • Sushma Kapoor 319 ITR 299 (Del.) • DCIT vs. Maruti udyog Ltd. 92 ITJ 987 (Del.) • Voltas Ltd. 125 ITJ 601 (Mum.) (Trb.) • Dishman Pharmaceuticals Ltd. vs. DCIT 45 SOT 37 (Ahd) (URO) 15. I have gone through the assessment order and the detailed written submissions. The AO worked out disallowance of Rs. 5,36,393/- under Rule 8D(2)(ii). The AR has explained that no borrowed funds were utilized for making the investment. The issue has been examined in the earlier years and found that no disallowance is called f…