Emerson Network Power India (P.) Ltd. v. Assistant Commissioner of Income-tax

27 SOT 593Income Tax Appellate Tribunal2009#7807 most cited

What is Emerson Network Power India (P.) Ltd. v. Assistant Commissioner of Income-tax authority for?

The Assessing Officer can allow deductions suo motu, even if not claimed by the assessee, when all information relating to the transaction is on record and duly evidenced.

14

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2016 to 2024.

Also referred to as

Emerson Network Power India · ACIT · 27 SOT 593 · deduction suo motu · unclaimed deductions · information on record · evidenced transaction

Issues it is cited on

Judgments citing Emerson Network Power India (P.) Ltd. v. Assistant Commissioner of Income-tax

ACIT, Ncc - 11 (1), Chennai vs. Shri Anil Kumar Shantichand Mehta, Chennai

In the result, the appeal filed by the Revenue is dismissed

ITA 302/CHNY/2020[2016-17]Status: DisposedITAT Chennai28 Sept 2022AY 2016-17

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.302/Chny/2020 िनधा"रण वष"/Assessment Year: 2016-17 The Assistant Commissioner Of Vs. Shri Anil Kumar Shantichand Mehta, Income Tax, No. 196, Govindappa Naicken Street, Non Corporate Circle 11(1), George Town, Chennai 600 001. Chennai 600 006. [Pan:Aavps4928E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri P. Sajit Kumar, Jcit ""थ" की ओर से/Respondent By : Shri D. Anand, Advdocate सुनवाई की तारीख/ Date Of Hearing : 02.08.2022 घोषणा की तारीख /Date Of Pronouncement : 28.09.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 13, Chennai, Dated 21.11.2019 Relevant To The Assessment Year 2016-17. The Revenue Has Raised The Following Grounds: 1. The Order Of The Learned Cit (A) Is Contrary To Facts & Circumstances Of The Case. 2. The Cit(A) Erroneously Held That The Assessee Had Not Claimed Exemption U/S.10(37) [P.8.2] Though The Assessee, Vide His Letter Dated 26-12-2018 Stated "The Compensation Of Rs.7,62,40,126/- Received Was Claimed Exempt U/S.10(37), However, It Was Erroneously Omitted To Be Mentioned In The Return Of Income Filed."

For Appellant: Shri P. Sajit Kumar, JCITFor Respondent: Shri D. Anand, Advdocate
Section 10(37)Section 2(14)(iii)Section 34Section 45Section 57

…issue could be raised in appeal for the first time before CIT(A) since all information relating to the said receipt was on record and duly evidenced in the instant case as per the following case laws: (i). Emerson Network Power India (P) Ltd. vs. ACIT [2009J 27 SOT 593 (mum) (ii). Chicago Pneumatic India Ltd. vs. DCIT [2007] 15 SOT 252 (Mum); and (iii). CIT vs. Ramco International [2009J 180 Taxman 584 (Punj. & Har.) (iv). Dattatraya Gopal Shette vs. CIT [1984J 150 ITR 460 (Bom) (v). Chokshi Metal Refinery vs. CIT [1977] 107 ITR 63 (Guj.); (vi). CIT vs. Shri. Someshwar Sahakari Karkhana Ltd. [1989]177 ITR 443 (B…

M/S. Stewarts & Lloyds of India Ltd., Kolkata vs. DCIT, Circle-1, Kolkata

In the result, appeal of the assessee is dismissed

ITA 1172/KOL/2017[2009-10]Status: DisposedITAT Kolkata15 Mar 2019AY 2009-10

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2007-08 Assessment Year: 2007-08 Assessment Year: 2008-09 Assessment Year: 2009-10 M/S. Stewarts & Lloyds Of India Ltd…….……...........…………..……………….…...……..…….……...Appellant 41, Chowringhee Road Kolkata – 700 071 [Pan : Aaecs 0445 G] Vs. Deputy Commissioner Of Income-Tax, Circle-1, Kolkata……....................…….…..............Respondent Appearances By: Shri Pankaj Parakh, Fca, Appeared On Behalf Of The Assessee. Shri A.K. Nayak, Cit Sr. D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : January 24Th, 2019 Date Of Pronouncing The Order : March 15Th, 2019 Order Per J. Sudhakar Reddy, Am :- These Appeals Filed By The Assessee Are Directed Against The Common Order Of The Learned Commissioner Of Income Tax (Appeals) - 5, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 23/02/2017, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Years 2007-08, 2008-09 & 2009-10. 2. As The Issues Arising In All These Appeals Are Common, For The Sake Of Convenience They Are Heard Together & Disposed Off By Way Of This Common Order. 3. We Have Heard Shri Pankaj Parekh, Fca, The Ld. Counsel For The Assessee & Shri A.K. Nayak, Cit D/R On Behalf Of The Revenue. On Careful Consideration Of The Facts & Circumstances Of The Case, Perusal Of The Papers On Record, Orders Of The Authorities Below As Well As Case Law Cited, We Hold As Follows:-

Section 143(3)Section 250Section 263Section 5

…ating entire contract amount as accrued on submission of bills on completion of work - Held, yes” 5. The decision of the ITAT Mumbai ‘H’ Bench of the Tribunal in the case of Emerson Network Power India (P.) Ltd. v. Assistant Commissioner of Income-tax [2009] 27 SOT 593 (MUM.) relied upon by the ld. D/R is not applicable to the facts of the case, for the reason that, what was considered by the Bench was performance bank guarantee and not retention money as in the case of the assessee company. Even otherwise, we are bound by the judgment of the Hon’ble Jurisdictional High Court in the case of Commissioner of Incom…

M/S. Stewarts & Lloyds of India Ltd., Kolkata vs. DCIT, Circle-1, Kolkata

In the result, appeal of the assessee is dismissed

ITA 1171/KOL/2017[2008-09]Status: DisposedITAT Kolkata15 Mar 2019AY 2008-09

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2007-08 Assessment Year: 2007-08 Assessment Year: 2008-09 Assessment Year: 2009-10 M/S. Stewarts & Lloyds Of India Ltd…….……...........…………..……………….…...……..…….……...Appellant 41, Chowringhee Road Kolkata – 700 071 [Pan : Aaecs 0445 G] Vs. Deputy Commissioner Of Income-Tax, Circle-1, Kolkata……....................…….…..............Respondent Appearances By: Shri Pankaj Parakh, Fca, Appeared On Behalf Of The Assessee. Shri A.K. Nayak, Cit Sr. D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : January 24Th, 2019 Date Of Pronouncing The Order : March 15Th, 2019 Order Per J. Sudhakar Reddy, Am :- These Appeals Filed By The Assessee Are Directed Against The Common Order Of The Learned Commissioner Of Income Tax (Appeals) - 5, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 23/02/2017, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Years 2007-08, 2008-09 & 2009-10. 2. As The Issues Arising In All These Appeals Are Common, For The Sake Of Convenience They Are Heard Together & Disposed Off By Way Of This Common Order. 3. We Have Heard Shri Pankaj Parekh, Fca, The Ld. Counsel For The Assessee & Shri A.K. Nayak, Cit D/R On Behalf Of The Revenue. On Careful Consideration Of The Facts & Circumstances Of The Case, Perusal Of The Papers On Record, Orders Of The Authorities Below As Well As Case Law Cited, We Hold As Follows:-

Section 143(3)Section 250Section 263Section 5

…ating entire contract amount as accrued on submission of bills on completion of work - Held, yes” 5. The decision of the ITAT Mumbai ‘H’ Bench of the Tribunal in the case of Emerson Network Power India (P.) Ltd. v. Assistant Commissioner of Income-tax [2009] 27 SOT 593 (MUM.) relied upon by the ld. D/R is not applicable to the facts of the case, for the reason that, what was considered by the Bench was performance bank guarantee and not retention money as in the case of the assessee company. Even otherwise, we are bound by the judgment of the Hon’ble Jurisdictional High Court in the case of Commissioner of Incom…

M/S. Stewarts & Lloyds of India Ltd., Kolkata vs. DCIT, Circle-1, Kolkata

In the result, appeal of the assessee is dismissed

ITA 1170/KOL/2017[2007-08]Status: DisposedITAT Kolkata15 Mar 2019AY 2007-08

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2007-08 Assessment Year: 2007-08 Assessment Year: 2008-09 Assessment Year: 2009-10 M/S. Stewarts & Lloyds Of India Ltd…….……...........…………..……………….…...……..…….……...Appellant 41, Chowringhee Road Kolkata – 700 071 [Pan : Aaecs 0445 G] Vs. Deputy Commissioner Of Income-Tax, Circle-1, Kolkata……....................…….…..............Respondent Appearances By: Shri Pankaj Parakh, Fca, Appeared On Behalf Of The Assessee. Shri A.K. Nayak, Cit Sr. D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : January 24Th, 2019 Date Of Pronouncing The Order : March 15Th, 2019 Order Per J. Sudhakar Reddy, Am :- These Appeals Filed By The Assessee Are Directed Against The Common Order Of The Learned Commissioner Of Income Tax (Appeals) - 5, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 23/02/2017, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Years 2007-08, 2008-09 & 2009-10. 2. As The Issues Arising In All These Appeals Are Common, For The Sake Of Convenience They Are Heard Together & Disposed Off By Way Of This Common Order. 3. We Have Heard Shri Pankaj Parekh, Fca, The Ld. Counsel For The Assessee & Shri A.K. Nayak, Cit D/R On Behalf Of The Revenue. On Careful Consideration Of The Facts & Circumstances Of The Case, Perusal Of The Papers On Record, Orders Of The Authorities Below As Well As Case Law Cited, We Hold As Follows:-

Section 143(3)Section 250Section 263Section 5

…ating entire contract amount as accrued on submission of bills on completion of work - Held, yes” 5. The decision of the ITAT Mumbai ‘H’ Bench of the Tribunal in the case of Emerson Network Power India (P.) Ltd. v. Assistant Commissioner of Income-tax [2009] 27 SOT 593 (MUM.) relied upon by the ld. D/R is not applicable to the facts of the case, for the reason that, what was considered by the Bench was performance bank guarantee and not retention money as in the case of the assessee company. Even otherwise, we are bound by the judgment of the Hon’ble Jurisdictional High Court in the case of Commissioner of Incom…

M/S. Stewarts & Lloyds of India Ltd., Kolkata vs. DCIT, Circle-1, Kolkata

In the result, appeal of the assessee is dismissed

ITA 1169/KOL/2017[2007-08]Status: DisposedITAT Kolkata15 Mar 2019AY 2007-08

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2007-08 Assessment Year: 2007-08 Assessment Year: 2008-09 Assessment Year: 2009-10 M/S. Stewarts & Lloyds Of India Ltd…….……...........…………..……………….…...……..…….……...Appellant 41, Chowringhee Road Kolkata – 700 071 [Pan : Aaecs 0445 G] Vs. Deputy Commissioner Of Income-Tax, Circle-1, Kolkata……....................…….…..............Respondent Appearances By: Shri Pankaj Parakh, Fca, Appeared On Behalf Of The Assessee. Shri A.K. Nayak, Cit Sr. D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : January 24Th, 2019 Date Of Pronouncing The Order : March 15Th, 2019 Order Per J. Sudhakar Reddy, Am :- These Appeals Filed By The Assessee Are Directed Against The Common Order Of The Learned Commissioner Of Income Tax (Appeals) - 5, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 23/02/2017, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Years 2007-08, 2008-09 & 2009-10. 2. As The Issues Arising In All These Appeals Are Common, For The Sake Of Convenience They Are Heard Together & Disposed Off By Way Of This Common Order. 3. We Have Heard Shri Pankaj Parekh, Fca, The Ld. Counsel For The Assessee & Shri A.K. Nayak, Cit D/R On Behalf Of The Revenue. On Careful Consideration Of The Facts & Circumstances Of The Case, Perusal Of The Papers On Record, Orders Of The Authorities Below As Well As Case Law Cited, We Hold As Follows:-

Section 143(3)Section 250Section 263Section 5

…ating entire contract amount as accrued on submission of bills on completion of work - Held, yes” 5. The decision of the ITAT Mumbai ‘H’ Bench of the Tribunal in the case of Emerson Network Power India (P.) Ltd. v. Assistant Commissioner of Income-tax [2009] 27 SOT 593 (MUM.) relied upon by the ld. D/R is not applicable to the facts of the case, for the reason that, what was considered by the Bench was performance bank guarantee and not retention money as in the case of the assessee company. Even otherwise, we are bound by the judgment of the Hon’ble Jurisdictional High Court in the case of Commissioner of Incom…