Birla Group Holdings Private Limited, Mumbai vs. Assisstant Commissioner of Income Tax (ACIT), Circle 2(1), Ujjain
In the result, the appeal of the assesse bearing ITA No
ITA 2494/MUM/2025[2013-14]Status: DisposedITAT Mumbai04 Aug 2025AY 2013-14
Bench: Shri Narendra Kumar Billaiya, Account Member & Shri Anikesh Banerjeethe Birla Group Holding Vs Acit, Circle 2(1), Ujjain Private Limited, (As A Aaykar Bhavan, 127, Dewas Road, Successor To Turquoise Bharatpuri, Ujjain, Madhya Investments & Finance Pvt Pradesh, 456010. Ltd) Industry House, 1St Floor, 159, Churchgate Reclamation, Marine Lines, Mumbai-400 020 Pan: Aaacr2250C Appellant Respondent
For Appellant: Shri Ronak Doshi & Pranav ZanwarFor Respondent: Shri Swapnil Choudhary – Sr AR
Section 10Section 115JSection 143(3)Section 234CSection 250Section 263
…the addition made in not in accordance with law and the ground of appeal No. 2 of the Revenue is dismissed.” He further respectfully relied on the order of the co-ordinate bench of ITAT, Delhi Bench “G” in the case of DCIT vs Roxy Investments Pvt Ltd (2008) 24 SOT 227 (Del). The relevant paragraph 13 is reproduced as below: - “13. A careful perusal of clause (ii) of Explanation to section 115JB(2) will reveal that though the said clause speaks about the amount of ‘income’, it also speaks of “if, any such amount is credited to Profit & Loss Account. Thus, while reading the said clause as a whole, it will become…