Emami Ltd. v. CIT

337 ITR 470High Court2011#3731 most cited

What is Emami Ltd. v. CIT authority for?

Interest under sections 234B and 234C cannot be levied on additional book profit if the liability to pay advance tax did not exist on the last date of advance tax payment.

32

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2013 to 2024.

Also referred to as

Emami Ltd v CIT · 337 ITR 470 · 234B · 234C · advance tax · book profit · interest

Also reported as

200 Taxmann 32612 Taxmann.com 64

Sections most often in play

Section 115JBSection 143(1)Section 234C

Judgments citing Emami Ltd. v. CIT

DCIT, Circle -6 Kolkata, Kolkata vs. M/S National Insurance Co. Ltd., Kolkata

In the result, all the appeals of the revenue are dismissed

ITA 983/KOL/2012[2008-2009]Status: DisposedITAT Kolkata05 Aug 2016AY 2008-2009

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am]

For Appellant: Shri Hari Shankar Lal, CITFor Respondent: Shri Sanjay Bhattacharya, FCA
Section 115JSection 143(3)

…1 ITA Nos. 674-982-983/Kol/2012 National Insurance Co. Ltd., AYs 2005-06,2007-08 &2008-09 IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH: KOLKATA [Before Shri N. V. Vasudevan, JM & Shri M. Balaganesh, AM] I.T.A No. 674/Kol/2012 Assessment Year: 2005-06 & I.T.A No. 982/Kol/2012 Assessment Year: 2007-08 & I.T.A No. 983/Kol/2012 Assessment Year: 2008-09 Deputy Commissioner of Income-tax, Vs. National Insurance Co. Ltd. Circle-6, Kolkata (PAN: AAACN9967E) (Appellant) (Respondent) Date of hearing: 19.07.2016 Date of pronouncement: 05.08.2016 For the Appellant: Shri Hari Shankar Lal, CIT For the Respondent: Shri…

DCIT, Circle -6 Kolkata, Kolkata vs. M/S National Insurance Co. Ltd., Kolkata

In the result, all the appeals of the revenue are dismissed

ITA 982/KOL/2012[2007-08]Status: DisposedITAT Kolkata05 Aug 2016AY 2007-08

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am]

For Appellant: Shri Hari Shankar Lal, CITFor Respondent: Shri Sanjay Bhattacharya, FCA
Section 115JSection 143(3)

…1 ITA Nos. 674-982-983/Kol/2012 National Insurance Co. Ltd., AYs 2005-06,2007-08 &2008-09 IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH: KOLKATA [Before Shri N. V. Vasudevan, JM & Shri M. Balaganesh, AM] I.T.A No. 674/Kol/2012 Assessment Year: 2005-06 & I.T.A No. 982/Kol/2012 Assessment Year: 2007-08 & I.T.A No. 983/Kol/2012 Assessment Year: 2008-09 Deputy Commissioner of Income-tax, Vs. National Insurance Co. Ltd. Circle-6, Kolkata (PAN: AAACN9967E) (Appellant) (Respondent) Date of hearing: 19.07.2016 Date of pronouncement: 05.08.2016 For the Appellant: Shri Hari Shankar Lal, CIT For the Respondent: Shri…

DCIT, Circle -6 Kolkata, Kolkata vs. M/S National Insurance Co. Ltd., Kolkata

In the result, all the appeals of the revenue are dismissed

ITA 674/KOL/2012[2005-06]Status: DisposedITAT Kolkata05 Aug 2016AY 2005-06

Bench: Shri N. V. Vasudevan, Jm & Shri M. Balaganesh, Am]

For Appellant: Shri Hari Shankar Lal, CITFor Respondent: Shri Sanjay Bhattacharya, FCA
Section 115JSection 143(3)

…1 ITA Nos. 674-982-983/Kol/2012 National Insurance Co. Ltd., AYs 2005-06,2007-08 &2008-09 IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH: KOLKATA [Before Shri N. V. Vasudevan, JM & Shri M. Balaganesh, AM] I.T.A No. 674/Kol/2012 Assessment Year: 2005-06 & I.T.A No. 982/Kol/2012 Assessment Year: 2007-08 & I.T.A No. 983/Kol/2012 Assessment Year: 2008-09 Deputy Commissioner of Income-tax, Vs. National Insurance Co. Ltd. Circle-6, Kolkata (PAN: AAACN9967E) (Appellant) (Respondent) Date of hearing: 19.07.2016 Date of pronouncement: 05.08.2016 For the Appellant: Shri Hari Shankar Lal, CIT For the Respondent: Shri…

Haldia Petrochemicals Limited, Kolkata vs. ITO, Ward - 12(4), Kolkata

In the result, the appeals of the assessee for A

ITA 2114/KOL/2009[2006-07]Status: DisposedITAT Kolkata29 Jul 2016AY 2006-07

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Section 115JSection 32

…refund and interest under section 234D, which is payable on excess refund, could not be charged in assessee’s case. In support of this contention, he relied on the decision of the Hon’ble Calcutta High Court in the case of Emami Limited –vs.- CIT reported in 337 ITR 470, wherein interest charged under sections 234B and 234C in the similar situation was cancelled. 15. On the other hand, the ld. D.R. did not raise any material contention and left the matter to be decided by the Tribunal in accordance with law. 16. We have considered the rival submissions and also perused the relevant material available on record…

D.C.I.T Cir - 11, Kolkata vs. M/S Philips Electronics India Ltd, Kolkata

In the result, the appeal filed by assessee is allowed and that of Revenue stands dismissed

ITA 1294/KOL/2013[2007-08]Status: DisposedITAT Kolkata20 Jul 2016AY 2007-08

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

Section 154Section 234CSection 54E

…ertaining to the issue of charging of interest under section 234C of the Act. In this connection we find that the case of the assessee is squarely covered by the judgment of this Hon’ble Jurisdictional High Court of Calcutta in the case law Emami Ltd. Vs. CIT 337 ITR 470 : ITA No.1169 & 1294/Kol/2013 A.Y. 2007-08 Philips Electronics India Ltd. v. DCIT, Cir-11, Kol. Page 8 “A mere reading of relevant provisions leaves no doubt that the advance tax is an amount payable in advance during any financial year in accordance with the provisions of the Act in respect of the total income of the assessee which would be cha…

Philips Electronics India Ltd., Kolkata vs. D.C.I.T Cir - 11, Kolkata

In the result, the appeal filed by assessee is allowed and that of Revenue stands dismissed

ITA 1169/KOL/2013[2007-08]Status: DisposedITAT Kolkata20 Jul 2016AY 2007-08

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

Section 154Section 234CSection 54E

…ertaining to the issue of charging of interest under section 234C of the Act. In this connection we find that the case of the assessee is squarely covered by the judgment of this Hon’ble Jurisdictional High Court of Calcutta in the case law Emami Ltd. Vs. CIT 337 ITR 470 : ITA No.1169 & 1294/Kol/2013 A.Y. 2007-08 Philips Electronics India Ltd. v. DCIT, Cir-11, Kol. Page 8 “A mere reading of relevant provisions leaves no doubt that the advance tax is an amount payable in advance during any financial year in accordance with the provisions of the Act in respect of the total income of the assessee which would be cha…

Steriplate Pvt. Ltd., New Delhi vs. ACIT, Faridabad

In the result, assessee’s appeal is allowed

ITA 2808/DEL/2014[2004-05]Status: DisposedITAT Delhi21 Jun 2016AY 2004-05

Bench: Shri S.V. Mehrotra :

For Appellant: Shri Rupesh Jain Adv. &For Respondent: Shri N.J. Singh Sr. DR
Section 115JSection 154Section 234BSection 244A

…e sister concern’s case of assessee viz. M/s Steriplast Pvt. Ltd. the ITAT Delhi Bench vide its order dated 22.6.2012 in ITA no. 4491/Del/2011, has allowed the assessee’s claim following Hon’ble Calcutta High Court’s decision in the case of Emami Ltd. Vs. CIT 337 ITR 470 (Cal.). He further submitted that the Hon’ble Bombay High Court in the case of CIT Vs. JSW Energy Ltd. 379 ITR 36 has also taken the same view observing in para 17 as under: “17. In the present case, what the assessee has pointed out is that some of the amounts included in the book profits as per Explanation (h) to section 115JB were brought in b…

Universal Industrial Fund Ltd., Kolkata vs. DCIT, C Ircle- 6, Kolkata

In the result, assessee’s appeal stands partly allowed

ITA 1838/KOL/2010[2007-08]Status: DisposedITAT Kolkata27 May 2016AY 2007-08

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year :2007-08

Section 115JSection 143(3)Section 14A

…08 Universal Industrial Fund Ltd. v. DCIT, Cir-6, Kol. Page 11 18. At the outset, we observe that this issue is squarely covered in favour of assessee and against the Revenue by the judgment of jurisdictional High Court in the case of Emami Ltd. v. CIT (2011) 337 ITR 470 (Cal) wherein it was held:- “the provisions of sections 234B and 234C of the Income-tax Act, 1961, are mandatory in nature. However, in order to attract these provisions, it must be established that the assessee had the liability to pay advance tax as provided in sections 207 and 208 within the time prescribed under section 211. In order to held…

Nhpc Ltd., Faridabad vs. ACIT, Faridabad

In the result, appeals of the assessee in ITA Nos

ITA 433/DEL/2013[2004-05]Status: DisposedITAT Delhi08 Feb 2016AY 2004-05

Bench: Sh. H.S. Sidhu, Judicialmember & Sh. Prashant Maharishi

Section 115JSection 154Section 234B

…) to (g), is debited to the Profit and Loss account, and as reduced by....' 15. The Tribunal in this regard noted rival contentions and the admitted facts. It also relied upon and followed the judgment of Hon'ble Calcutta High Court in Emami Ltd. v. CIT[2011] 337 ITR 470/200 Taxman 326/12 taxmann.com 64. 16. In paragraph 13 of the Tribunal's impugned order the relevant portion from Calcutta High Court's judgment has been extracted. The Calcutta High Court, therefore, found that the provisions would indicate that they are mandatory. There is no scope for waiving of the provision. However, in order to attract the p…

DCIT 7(3), Mumbai vs. Vodafone India Ltd, Mumbai

In the result, the Revenue’s appeal for assessment year 2005-06

ITA 880/MUM/2014[2005-06]Status: DisposedITAT Mumbai03 Feb 2016AY 2005-06

Bench: Shri Jason P. Boaz & Shri Sandeep Gosainthe Dcit- 7(3), Room No.615, 6Th Floor, Aaykar Bhavan, Mk Road, Mumbai 400 020 ... Appellant Vs.

For Appellant: Shri Sumit KumarFor Respondent: Shri Nishant Thakkar
Section 115JSection 115jSection 143(3)Section 234CSection 234DSection 80I

…nce tax and no interest could be charged upon it under section 234C of the Act. In support of this proposition, the Ld. Representative for the assessee placed reliance upon the following decision of Hon’ble Courts and Tribunals:- (i) Emami Ltd. vs. CIT (2011),337 ITR 470 (Cal); (ii) CIT v. JSW Energy Ltd. (2015) 379 ITR 36 (Bom); (iii)Shakti Insulated Wires (P) Ltd. in ITA No. 5814/Mum/2011 dated 14/2/2014 for assessment year 2005-06. 5 (iv) Uttam Sugar Mills Ltd. (2012) 20 taxman.com 223 (v) Garware Polyster Ltd.(2013) 23 ITR (T) 549. The Ld. Representative for the assessee contends that in view of the above sub…

D.C.I.T CC - Xiii, Kolkata. vs. M/S Jai Balaji Sponge Ltd., Kolkata

In the result, appeal of revenue is dismissed

ITA 275/KOL/2013[2006-07]Status: DisposedITAT Kolkata15 Dec 2015AY 2006-07

Bench: Shri Mahavir Singh, Jm & Shri M. Balaganesh, Am]

For Appellant: Shri Sanjay Mukherjee, JCIT, Sr. DRFor Respondent: Shri A. K. Tulsiyan, FCA
Section 115JSection 143(3)Section 234BSection 260A

…ppeal before the Tribunal. 5. In view of the above facts and circumstances of the case, we find that the issue now stands covered by the decision of Hon’ble jurisdictional High court in the case of 3 Jai Balaji Sponge Ltd. AY 2006-07 Emami Ltd. Vs. CIT (2011) 337 ITR 470 (Cal) wherein Hon’ble High Court after going through the judgment of Hon’ble Supreme Court in the case of JCIT Vs. Rolta India Ltd. (2011) 330 ITR 470 (SC) held that the assessee has no liability to pay any advance tax which did not exist on the date of payment of such tax or on the last date of the financial year but it arises subsequently by vi…

M/S Sankhla Polymers (P) Ltd vs. The Income Tax Officer Ward-12(2)

In the result, the appeal relating to the assessment

ITA/1100/2006HC Karnataka29 Jan 2013

Bench: D.V.SHYLENDRA KUMAR,B.SREENIVASE GOWDA

Section 115JSection 148Section 260ASection 80

…IN THE HIGH COURT OF KARNATAKA AT BANGALORE Dated this the 29th day of January, 2013 PRESENT THE HON’BLE MR JUSTICE D V SHYLENDRA KUMAR AND THE HON’BLE MR JUSTICE B SREENIVASE GOWDA Income Tax Appeal Nos. 1100 of 2006 & 33-34 of 2013 BETWEEN: M/S SANKHLA POLYMERS (P) LTD REP. BY ITS DIRECTOR SRI RAMESHCHAND P # 2, I FLOOR, RACE COURSE ROAD MADHAVA NAGAR BANGALORE. … APPELLANT [By Sri A Shankar, Adv. & Sri M Lava, Adv.] AND: THE INCOME TAX OFFICER WARD - 12(2), R P BHAVAN, NRUPATHUNGA ROAD BANGALORE … RESPONDENT [By Sri M Thirumalesh, Adv.]…