Exide Industries Ltd. v. Union of India

292 ITR 470High Court2007#242 most cited

What is Exide Industries Ltd. v. Union of India authority for?

The Calcutta High Court held that restricting deduction for leave encashment via Section 43B(f) was arbitrary and contrary to Supreme Court decisions. However, this judgment was later stayed by the Supreme Court.

320

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

Exide Industries Ltd. v. Union of India · 292 ITR 470 · section 43B(f) · leave encashment · deduction · arbitrary · unconscionable · stay order · Supreme Court

Also reported as

164 Taxmann 9

Sections most often in play

Section 143(3)Section 43BSection 14ASection 263Section 43B(f)Section 10(20)Section 11Section 12A

Issues it is cited on

section 43b(f)section 32(1)(iia)additional depreciationsection 43bsection 43penalty under section 271(1)(c)revenue expenditurefurnishing inaccurate particularscapital expendituresection 32penalty u/s 271(1)(c)section 115jb

Judgments citing Exide Industries Ltd. v. Union of India

South Eastern Coalfields Ltd, Bilaspur(Cg) vs. Dy.. C.I.T.-1(1), Bilaspur(Cg)

ITA 156/BIL/2014[2009-10]Status: DisposedITAT Raipur09 Jun 2023AY 2009-10

Bench: Shri Ravish Sood & Shri Arun Khodpia

Section 271(1)(c)

…आयकर अपील"य अ"धकरण "यायपीठ रायपुर म"। IN THE INCOME TAX APPELLATE TRIBUNAL, RAIPUR BENCH, RAIPUR BEFORE SHRI RAVISH SOOD, JUDICIAL MEMBER AND SHRI ARUN KHODPIA, ACCOUNTANT MEMBER Sl. ITA/CO No. Name of Appellant Name of Asst. Year No. Respondent 1. 152/RPR/2014 The Deputy South Eastern 2009-10 Commissioner of Coalfields Ltd., Income Tax, Seepat Road, Circle-1(1), Bilaspur (C.G.) Bilaspur PAN: AADCS2066E 2. 156/RPR/2014 South Eastern The Deputy 2009-10 Coalfields Ltd., Commissioner of Seepat Road, Income Tax, Bilaspur (C.G.) Circle-1(1), PAN: AADCS2066E Bilaspur 3-4. 39/RPR/2023 South Eastern The Deputy 2013-14 4…

The Dy. CIT- Cir.-1(1), Bilaspur(Cg) vs. South Eastern Coalfilds Ltd., Bilaspur(Cg)

ITA 152/BIL/2014[2009-10]Status: DisposedITAT Raipur09 Jun 2023AY 2009-10

Bench: Shri Ravish Sood & Shri Arun Khodpia

Section 271(1)(c)

…आयकर अपील"य अ"धकरण "यायपीठ रायपुर म"। IN THE INCOME TAX APPELLATE TRIBUNAL, RAIPUR BENCH, RAIPUR BEFORE SHRI RAVISH SOOD, JUDICIAL MEMBER AND SHRI ARUN KHODPIA, ACCOUNTANT MEMBER Sl. ITA/CO No. Name of Appellant Name of Asst. Year No. Respondent 1. 152/RPR/2014 The Deputy South Eastern 2009-10 Commissioner of Coalfields Ltd., Income Tax, Seepat Road, Circle-1(1), Bilaspur (C.G.) Bilaspur PAN: AADCS2066E 2. 156/RPR/2014 South Eastern The Deputy 2009-10 Coalfields Ltd., Commissioner of Seepat Road, Income Tax, Bilaspur (C.G.) Circle-1(1), PAN: AADCS2066E Bilaspur 3-4. 39/RPR/2023 South Eastern The Deputy 2013-14 4…

Addl. CIT, New Delhi vs. M/S. Mmtc Ltd., New Delhi

ITA 3574/DEL/2017[2009-10]Status: DisposedITAT Delhi24 May 2023AY 2009-10

Bench: Sh. Anil Chaturvedi & Sh. Anubhav Sharmaaddl. Cit Vs. M/S. Mmtc Ltd. Special Range-6, Core-1, Scope Complex, Room No. 352, Lodhi Road, C.R.Building, I.P.Estate New Delhi New Delhi Pan : Aaacm1433E (Appellant) (Respondent)

Section 143(3)Section 154Section 43B

…the time of the hearing. 3. Heard and perused the record. 4. It was submitted by the Ld. DR that the Ld. CIT(A) has fallen in error in not considering the fact that the operation of judgment of Hon’ble Kolkata High Court in the case Exide Industries Limited 292 ITR 470 was stayed by Hon’ble Supreme Court and there was no reason to follow the same when there were categoric provisions of Section 43B(f). It was further submitted that subsequently, Hon’ble Supreme Court has reversed the decision of Hon’ble Kolkata High Court and thus Ld. AO was right in exercise of the jurisdiction u/s 154 fo the Act, as on the dat…

DCIT-3(4), Mumbai vs. M/S Idbi Bank Ltd, Mumbai

In the result, appeal filed by the assessee is partly allowed

ITA 2937/MUM/2022[2017-2018]Status: DisposedITAT Mumbai11 May 2023AY 2017-2018

Bench: Shri Kuldip Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Bledcit- 3(4) V. M/S. Idbi Bank Ltd 29Th Floor, Center-1 Central Processing Unit (Tds) World Trade Center, Cuffe Parade Plot No. 82/83, Elemach Bldg Mumbai- 400005 Road No. 7, Street No. 15 Midc, Andheri (E) Mumbai- 400093 Pan: Aabci8842G (Appellant) (Respondent) M/S. Idbi Bank Ltd V. Acit/Dcit-Ltu 22Nd Floor, Idbi Tower 29Th Floor, Centre No. 1 Wtc Complex, Cuffe Parade World Trade Centre, Cuffe Parade Mumbai- 400005 Mumbai- 400005 Pan: Aabci8842G (Appellant) (Respondent)

Section 115JSection 14ASection 18

…hat this issue is covered by the order of this Tribunal in assessee's own case in ITA No.3033/Mum/2012 dated 09/12/2015 for A.Y.2008-09. But we find that though the Hon'ble Calcutta High Court in the case of Exide Industries Ltd. vs Union of India reported in 292 ITR 470 (Cal) had struck down the provisions of Section 43B Clause (f) of the Act as unconstitutional, the revenue had carried the matter further to the Hon'ble Supreme Court which initially in Special Leave to appeal (Civil) CC12060/2008 dated 08/09/2008 had held as under:- "The petition was called on for hearing today. Upon hearing the Counsel, the Cou…

Thomson Press (India) Ltd., New Delhi vs. Addl. CIT, Spl. Range- 9, New Delhi

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

ITA 6543/DEL/2018[2013-14]Status: DisposedITAT Delhi06 Apr 2023AY 2013-14

Bench: Shri G.S. Pannu, Hon’Ble & Ms. Astha Chandraassessment Year: 2013-14

For Appellant: Shri Salil Agarwal, Sr. AdvocateFor Respondent: Shri Umesh Takiyar, Sr. DR
Section 10ASection 143(3)Section 14ASection 43B

…sion of Rs. 1,81,96,210/- for leave encashment, Rs. 92,16,506/- was paid during the year. On query, it was stated by the assessee that leave encashment was claimed on accrual basis following the decision of Calcutta High Court in CIT vs. Exide Industries Ltd. 292 ITR 470 (Cal). It is a trading liability out of the purview of Section 43B of the Act. Referring to the amendment by way of insertion of clause (f) in Section 43B w.e.f 01.04.2002 and stating that the decision (supra) of Hon’ble Calcutta High Court has since been stayed by the Hon’ble Supreme Court, the Ld. AO added unpaid balance of Rs. 89,79,704/- (Rs.…

Living Media India Ltd., New Delhi vs. ACIT, Circle-15(2), New Delhi

Appeal of the assessee is partly allowed

ITA 6295/DEL/2019[2016-17]Status: DisposedITAT Delhi31 Mar 2023AY 2016-17

Bench: Sh. Anil Chaturvedi & Sh. Narender Kumar Choudharyita Nos.4533, 4534 & 6295/Del/2019 (Assessment Years : 2014-15, 2015-16 & 2016-17) Living Media India Ltd. Vs. Acit 9, K-Block Connaught Circle – 15(2) Place, New Delhi-110 001 New Delhi Pan : Aaacl 0087 H (Appellant) (Respondent) Assessee By Shri Madhur Aggarwal, Adv. Shri Uma Shankar, Adv. Revenue By Shri Arvind Bansal, Sr. D.R. & Living Media India Ltd. Vs. Acit 9, K-Block Connaught Circle – 15(2) Circus, New Delhi-110 001 New Delhi Pan : Aaacl 0087 H (Appellant) (Respondent) Assessee By Shri Madhur Aggarwal, Adv. Shri Uma Shankar, Adv. Revenue By Ms. Sarita Kumari, Cit-D.R. Date Of Hearing: 16.03.2023 Date Of Pronouncement: 31.03.2023 Order Per Anil Chaturvedi, Am :

Section 115JSection 143(3)Section 14ASection 43B

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. NARENDER KUMAR CHOUDHARY, JUDICIAL MEMBER ITA Nos.4533, 4534 & 6295/Del/2019 (Assessment Years : 2014-15, 2015-16 & 2016-17) Living Media India Ltd. Vs. ACIT 9, K-Block Connaught Circle – 15(2) Place, New Delhi-110 001 New Delhi PAN : AAACL 0087 H (APPELLANT) (RESPONDENT) Assessee by Shri Madhur Aggarwal, Adv. Shri Uma Shankar, Adv. Revenue by Shri Arvind Bansal, Sr. D.R. And Living Media India Ltd. Vs. ACIT 9, K-Block Connaught Circle – 15(2) Circus, New Delhi-110 001 New Delhi PAN : AAACL 008…

Living Media India Ltd., New Delhi vs. ACIT, Circle-15(2), New Delhi

Appeal of the assessee is partly allowed

ITA 4534/DEL/2019[2015-16]Status: DisposedITAT Delhi31 Mar 2023AY 2015-16

Bench: Sh. Anil Chaturvedi & Sh. Narender Kumar Choudharyita Nos.4533, 4534 & 6295/Del/2019 (Assessment Years : 2014-15, 2015-16 & 2016-17) Living Media India Ltd. Vs. Acit 9, K-Block Connaught Circle – 15(2) Place, New Delhi-110 001 New Delhi Pan : Aaacl 0087 H (Appellant) (Respondent) Assessee By Shri Madhur Aggarwal, Adv. Shri Uma Shankar, Adv. Revenue By Shri Arvind Bansal, Sr. D.R. & Living Media India Ltd. Vs. Acit 9, K-Block Connaught Circle – 15(2) Circus, New Delhi-110 001 New Delhi Pan : Aaacl 0087 H (Appellant) (Respondent) Assessee By Shri Madhur Aggarwal, Adv. Shri Uma Shankar, Adv. Revenue By Ms. Sarita Kumari, Cit-D.R. Date Of Hearing: 16.03.2023 Date Of Pronouncement: 31.03.2023 Order Per Anil Chaturvedi, Am :

Section 115JSection 143(3)Section 14ASection 43B

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. NARENDER KUMAR CHOUDHARY, JUDICIAL MEMBER ITA Nos.4533, 4534 & 6295/Del/2019 (Assessment Years : 2014-15, 2015-16 & 2016-17) Living Media India Ltd. Vs. ACIT 9, K-Block Connaught Circle – 15(2) Place, New Delhi-110 001 New Delhi PAN : AAACL 0087 H (APPELLANT) (RESPONDENT) Assessee by Shri Madhur Aggarwal, Adv. Shri Uma Shankar, Adv. Revenue by Shri Arvind Bansal, Sr. D.R. And Living Media India Ltd. Vs. ACIT 9, K-Block Connaught Circle – 15(2) Circus, New Delhi-110 001 New Delhi PAN : AAACL 008…

Living Media India Ltd., New Delhi vs. ACIT, Circle-15(2), New Delhi

Appeal of the assessee is partly allowed

ITA 4533/DEL/2019[2014-15]Status: DisposedITAT Delhi31 Mar 2023AY 2014-15

Bench: Sh. Anil Chaturvedi & Sh. Narender Kumar Choudharyita Nos.4533, 4534 & 6295/Del/2019 (Assessment Years : 2014-15, 2015-16 & 2016-17) Living Media India Ltd. Vs. Acit 9, K-Block Connaught Circle – 15(2) Place, New Delhi-110 001 New Delhi Pan : Aaacl 0087 H (Appellant) (Respondent) Assessee By Shri Madhur Aggarwal, Adv. Shri Uma Shankar, Adv. Revenue By Shri Arvind Bansal, Sr. D.R. & Living Media India Ltd. Vs. Acit 9, K-Block Connaught Circle – 15(2) Circus, New Delhi-110 001 New Delhi Pan : Aaacl 0087 H (Appellant) (Respondent) Assessee By Shri Madhur Aggarwal, Adv. Shri Uma Shankar, Adv. Revenue By Ms. Sarita Kumari, Cit-D.R. Date Of Hearing: 16.03.2023 Date Of Pronouncement: 31.03.2023 Order Per Anil Chaturvedi, Am :

Section 115JSection 143(3)Section 14ASection 43B

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. NARENDER KUMAR CHOUDHARY, JUDICIAL MEMBER ITA Nos.4533, 4534 & 6295/Del/2019 (Assessment Years : 2014-15, 2015-16 & 2016-17) Living Media India Ltd. Vs. ACIT 9, K-Block Connaught Circle – 15(2) Place, New Delhi-110 001 New Delhi PAN : AAACL 0087 H (APPELLANT) (RESPONDENT) Assessee by Shri Madhur Aggarwal, Adv. Shri Uma Shankar, Adv. Revenue by Shri Arvind Bansal, Sr. D.R. And Living Media India Ltd. Vs. ACIT 9, K-Block Connaught Circle – 15(2) Circus, New Delhi-110 001 New Delhi PAN : AAACL 008…

Living Media India Ltd., New Delhi vs. ACIT, Circle-15(2), New Delhi

Appeal of the assessee is partly allowed

ITA 4532/DEL/2019[2012-13]Status: DisposedITAT Delhi31 Mar 2023AY 2012-13

Bench: Sh. Anil Chaturvedi & Sh. Narender Kumar Choudharyita Nos.4533, 4534 & 6295/Del/2019 (Assessment Years : 2014-15, 2015-16 & 2016-17) Living Media India Ltd. Vs. Acit 9, K-Block Connaught Circle – 15(2) Place, New Delhi-110 001 New Delhi Pan : Aaacl 0087 H (Appellant) (Respondent) Assessee By Shri Madhur Aggarwal, Adv. Shri Uma Shankar, Adv. Revenue By Shri Arvind Bansal, Sr. D.R. & Living Media India Ltd. Vs. Acit 9, K-Block Connaught Circle – 15(2) Circus, New Delhi-110 001 New Delhi Pan : Aaacl 0087 H (Appellant) (Respondent) Assessee By Shri Madhur Aggarwal, Adv. Shri Uma Shankar, Adv. Revenue By Ms. Sarita Kumari, Cit-D.R. Date Of Hearing: 16.03.2023 Date Of Pronouncement: 31.03.2023 Order Per Anil Chaturvedi, Am :

Section 115JSection 143(3)Section 14ASection 43B

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. NARENDER KUMAR CHOUDHARY, JUDICIAL MEMBER ITA Nos.4533, 4534 & 6295/Del/2019 (Assessment Years : 2014-15, 2015-16 & 2016-17) Living Media India Ltd. Vs. ACIT 9, K-Block Connaught Circle – 15(2) Place, New Delhi-110 001 New Delhi PAN : AAACL 0087 H (APPELLANT) (RESPONDENT) Assessee by Shri Madhur Aggarwal, Adv. Shri Uma Shankar, Adv. Revenue by Shri Arvind Bansal, Sr. D.R. And Living Media India Ltd. Vs. ACIT 9, K-Block Connaught Circle – 15(2) Circus, New Delhi-110 001 New Delhi PAN : AAACL 008…

ACIT Cir 6(3), Mumbai vs. Hindalco Industries Ltd, Mumbai

In the result, the appeal of the learned Assessing Officer is partly allowed

ITA 5302/MUM/2013[2007-08]Status: DisposedITAT Mumbai16 Mar 2023AY 2007-08

Bench: Shri Prashant Maharishi, Am & Ms Kavitha Rajagopal, Jm Addl Cit Range 6(3) M/S Hindalco Industries Ltd 5Th Floor, Room No. 522, 3Rd Floor, Century Bhavan, Dr A.B. Vs. Rd, Worli Aayakar Bhavan,M.K. Road, Mumbai-400 030 Mumbai-20 (Appellant) (Respondent) Dcit, Cir- 6(3) M/S Hindalco Industries Ltd 5Th Floor, Room No. 522, 3Rd Floor, Century Bhavan, Dr A.B. Vs. Aayakar Bhavan,M.K. Road, Rd, Worli Mumbai-400 030 Mumbai-20 (Appellant) (Respondent) Pan No. Aaach1201R

For Appellant: ShriFor Respondent: Dr. Samuel Pitta –SR AR
Section 80Section 801ASection 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL “K” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, AM AND MS KAVITHA RAJAGOPAL, JM ADDL CIT Range 6(3) M/s Hindalco Industries Ltd 5th Floor, Room No. 522, 3rd Floor, Century Bhavan, Dr A.B. Vs. Rd, Worli Aayakar Bhavan,M.K. Road, Mumbai-400 030 Mumbai-20 (Appellant) (Respondent) DCIT, CIR- 6(3) M/s Hindalco Industries Ltd 5th Floor, Room No. 522, 3rd Floor, Century Bhavan, Dr A.B. Vs. Aayakar Bhavan,M.K. Road, Rd, Worli Mumbai-400 030 Mumbai-20 (Appellant) (Respondent) PAN No. AAACH1201R Assessee by : Shri Percy Pardiwala & S.M. Bandi Revenue by : Dr. Samuel Pitta –SR AR Da…

Hindalco Industries Ltd, Mumbai vs. Addl CIT RG 6(3), Mumbai

In the result, the appeal of the learned Assessing Officer is partly allowed

ITA 5242/MUM/2013[2007-08]Status: DisposedITAT Mumbai16 Mar 2023AY 2007-08

Bench: Shri Prashant Maharishi, Am & Ms Kavitha Rajagopal, Jm Addl Cit Range 6(3) M/S Hindalco Industries Ltd 5Th Floor, Room No. 522, 3Rd Floor, Century Bhavan, Dr A.B. Vs. Rd, Worli Aayakar Bhavan,M.K. Road, Mumbai-400 030 Mumbai-20 (Appellant) (Respondent) Dcit, Cir- 6(3) M/S Hindalco Industries Ltd 5Th Floor, Room No. 522, 3Rd Floor, Century Bhavan, Dr A.B. Vs. Aayakar Bhavan,M.K. Road, Rd, Worli Mumbai-400 030 Mumbai-20 (Appellant) (Respondent) Pan No. Aaach1201R

For Appellant: ShriFor Respondent: Dr. Samuel Pitta –SR AR
Section 80Section 801ASection 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL “K” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, AM AND MS KAVITHA RAJAGOPAL, JM ADDL CIT Range 6(3) M/s Hindalco Industries Ltd 5th Floor, Room No. 522, 3rd Floor, Century Bhavan, Dr A.B. Vs. Rd, Worli Aayakar Bhavan,M.K. Road, Mumbai-400 030 Mumbai-20 (Appellant) (Respondent) DCIT, CIR- 6(3) M/s Hindalco Industries Ltd 5th Floor, Room No. 522, 3rd Floor, Century Bhavan, Dr A.B. Vs. Aayakar Bhavan,M.K. Road, Rd, Worli Mumbai-400 030 Mumbai-20 (Appellant) (Respondent) PAN No. AAACH1201R Assessee by : Shri Percy Pardiwala & S.M. Bandi Revenue by : Dr. Samuel Pitta –SR AR Da…

DCIT(Ltu) - 1, Mumbai vs. Acc Ltd., Mumbai

In the result, appeal filed by assessee is partly allowed

ITA 3246/MUM/2018[2012-13]Status: DisposedITAT Mumbai28 Feb 2023AY 2012-13

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Blem/S. Acc Ltd., V. Dcit – Range – 1(1) Mumbai {Formerly Known As The Associated Cement Companies, Ltd.,} Cement House, 121 M.K. Road, Churchgate Mumbai - 400020 Pan: Aaact1507C (Appellant) (Respondent) Dcit (Ltu)-1 V. M/S. Acc Ltd., 29Th Floor, Centre No.1 Cement House, 121 World Trade Centre, Cuffe Parade M.K. Road, Churchgate Mumbai - 400005 Mumbai - 400020 Pan: Aaact1507C (Appellant) (Respondent)

Section 143(3)Section 14A

…/-on provision basis based on actuarial valuation in computing the total income. The Ld CIT(A) failed to record any cogent reason and concluded against the appellant merely because of stay on operation of judgment in case of Exide Industries Ltd Vs UOI (2007) 292 ITR 470 (Cal HC).” 56. Similar issue was considered by us in the assessee Appeal in Ground No 13 in AY 2008-09 and held as under: “67. Considered the rival submissions and material placed on record. On perusal of relevant facts on record, it is observed that Hon'ble supreme court in the case of UOI v. Exide Industries Ltd. [425 ITR 1] has upheld consti…

Acc Limited (Formerly Known As the Associated Cement Companies Ltd.), Mumbai vs. Addll. CIT, RG. 1(1), Mumbai

In the result, appeal filed by assessee is partly allowed

ITA 3203/MUM/2018[2012-13]Status: DisposedITAT Mumbai28 Feb 2023AY 2012-13

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Blem/S. Acc Ltd., V. Dcit – Range – 1(1) Mumbai {Formerly Known As The Associated Cement Companies, Ltd.,} Cement House, 121 M.K. Road, Churchgate Mumbai - 400020 Pan: Aaact1507C (Appellant) (Respondent) Dcit (Ltu)-1 V. M/S. Acc Ltd., 29Th Floor, Centre No.1 Cement House, 121 World Trade Centre, Cuffe Parade M.K. Road, Churchgate Mumbai - 400005 Mumbai - 400020 Pan: Aaact1507C (Appellant) (Respondent)

Section 143(3)Section 14A

…/-on provision basis based on actuarial valuation in computing the total income. The Ld CIT(A) failed to record any cogent reason and concluded against the appellant merely because of stay on operation of judgment in case of Exide Industries Ltd Vs UOI (2007) 292 ITR 470 (Cal HC).” 56. Similar issue was considered by us in the assessee Appeal in Ground No 13 in AY 2008-09 and held as under: “67. Considered the rival submissions and material placed on record. On perusal of relevant facts on record, it is observed that Hon'ble supreme court in the case of UOI v. Exide Industries Ltd. [425 ITR 1] has upheld consti…

Tata Steel Limited, Mumbai vs. The Deputy Commissioner of Income Tax -2(3)(1), Mumbai

In the result, appeal of the assessee for AY 2017-18 is partly allowed

ITA 2374/MUM/2022[2017-18]Status: DisposedITAT Mumbai20 Feb 2023AY 2017-18

Bench: Shri Vikas Awasthy& Shri M Balaganeshvkvkla-1340@Eaqcbz@2021¼Fu-Oa- 2016&17½ Vkvkla-2374@Eaqcbz@2022 ¼Fu-Oa- 2017&18½ Tata Steel Limited Bombay House, 24, Homi Mody Street Fort Mumbai-400 001 ..... Vihykfkhz/Appellant Pan No. Aaact2803M Cuke Vs. Additional/Joint/Deputy/Assistant Commissioner Of Income Tax/Income-Tax Officer, National E-Assessment Centre, ..... Izfroknh/Respondent Delhi

For Appellant: Shri Nishant Thakkar &For Respondent: Shri Biswanath Das CIT DR
Section 115JSection 143(3)Section 14ASection 14A(2)Section 263Section 36(1)(iii)Section 80GSection 90

…s, the same reads as under: “4) The Company contends that the provision for leave encashment is not disallowable under section 43B in view of the decision of the Hon’ble High Court of Calcutta in the case of Exide Industries Limited vs. Union of India (2007) 292 ITR 470 (Cal.) and the Hon’ble Kerala High Court in the case of CIT vs. M/s Hindustan latex Ltd. (ITA No. 64 of 2012) (Ker.). The assessee changed the practice of claiming allowance with respect to leave salary from cash basis to accrual basis beginning FY 12. Without prejudice to the above, the assessee in the alternative makes a claim on cash basis for…

Birla Corporation Limited, Kolkata vs. DCIT, Cir.-6(1), Kolkata

In the result, appeals filed by the Revenue for AYs 2013-14 &

ITA 497/KOL/2020[2014-15]Status: DisposedITAT Kolkata07 Feb 2023AY 2014-15

Bench: Sri Rajpal Yadav & Dr. Manish Borad

Section 115JSection 143(3)Section 14ASection 250Section 80I

…n u/s 43B(f) of the Act for the amount actually paid. 21.1. The assessee had claimed deduction on account of provision made for leave encashment relying upon the decision of the Hon’ble Calcutta High Court in Exide Industries Limited v. Union of India, (2007) 292 ITR 470 (Cal) whereby clause (f) of Section 43B of the Act was held unconstitutional. Ld. AO disallowed the claim by observing that the matter is sub judice before the Hon’ble Supreme Court. On appeal, ld. CIT(A) directed ld. AO to allow deduction in respect of the provision only if the Hon’ble Supreme Court upheld the decision of the Hon’ble Calcutta Hi…

Birla Corporation Limited, Kolkata vs. DCIT Cir.-6(1), Kolkata

In the result, appeals filed by the Revenue for AYs 2013-14 &

ITA 496/KOL/2020[2013-14]Status: DisposedITAT Kolkata07 Feb 2023AY 2013-14

Bench: Sri Rajpal Yadav & Dr. Manish Borad

Section 115JSection 143(3)Section 14ASection 250Section 80I

…n u/s 43B(f) of the Act for the amount actually paid. 21.1. The assessee had claimed deduction on account of provision made for leave encashment relying upon the decision of the Hon’ble Calcutta High Court in Exide Industries Limited v. Union of India, (2007) 292 ITR 470 (Cal) whereby clause (f) of Section 43B of the Act was held unconstitutional. Ld. AO disallowed the claim by observing that the matter is sub judice before the Hon’ble Supreme Court. On appeal, ld. CIT(A) directed ld. AO to allow deduction in respect of the provision only if the Hon’ble Supreme Court upheld the decision of the Hon’ble Calcutta Hi…

DCIT, Circle - 6(1), Kolkata vs. M/S. Birla Corporation Ltd., Kolkata

In the result, appeals filed by the Revenue for AYs 2013-14 &

ITA 2143/KOL/2018[2014-15]Status: DisposedITAT Kolkata07 Feb 2023AY 2014-15

Bench: Sri Rajpal Yadav & Dr. Manish Borad

Section 115JSection 143(3)Section 14ASection 250Section 80I

…n u/s 43B(f) of the Act for the amount actually paid. 21.1. The assessee had claimed deduction on account of provision made for leave encashment relying upon the decision of the Hon’ble Calcutta High Court in Exide Industries Limited v. Union of India, (2007) 292 ITR 470 (Cal) whereby clause (f) of Section 43B of the Act was held unconstitutional. Ld. AO disallowed the claim by observing that the matter is sub judice before the Hon’ble Supreme Court. On appeal, ld. CIT(A) directed ld. AO to allow deduction in respect of the provision only if the Hon’ble Supreme Court upheld the decision of the Hon’ble Calcutta Hi…

DCIT, Circle - 6(1), Kolkata vs. M/S. Birla Corporation Ltd., Kolkata

In the result, appeals filed by the Revenue for AYs 2013-14 &

ITA 2142/KOL/2018[2013-14]Status: DisposedITAT Kolkata07 Feb 2023AY 2013-14

Bench: Sri Rajpal Yadav & Dr. Manish Borad

Section 115JSection 143(3)Section 14ASection 250Section 80I

…n u/s 43B(f) of the Act for the amount actually paid. 21.1. The assessee had claimed deduction on account of provision made for leave encashment relying upon the decision of the Hon’ble Calcutta High Court in Exide Industries Limited v. Union of India, (2007) 292 ITR 470 (Cal) whereby clause (f) of Section 43B of the Act was held unconstitutional. Ld. AO disallowed the claim by observing that the matter is sub judice before the Hon’ble Supreme Court. On appeal, ld. CIT(A) directed ld. AO to allow deduction in respect of the provision only if the Hon’ble Supreme Court upheld the decision of the Hon’ble Calcutta Hi…

Hp India Sales Private Limited, Bangalore vs. Assistant Commissioner of Income Tax, Circle-3(1)(1), Bangalore

In the result, ground 14 is allowed for statistical purposes

ITA 283/BANG/2022[2017-18]Status: DisposedITAT Bangalore07 Dec 2022AY 2017-18

Bench: Shri George George K, Jm & Shri Laxmi Prasad Sahu, Am It(Tp)A No.283/Bang/2022 : Asst.Year 2017-2018 M/S.Hp India Sales Private Ltd. The Assistant Commissioner No.24, Salarpuria Arena Of Income-Tax, Circle 3(1)(1) V. Bangalore. Hosur Main Road Adugodi Bengaluru – 560 030. Pan : Aaacc9862F. (Appellant) (Respondent) Appellant By : Sri.Ajay Vohra, Advocate Respondent By : Sri.Arun Kumar, Cit(Tp)-2-Dr Date Of Pronouncement : 07.12.2022 Date Of Hearing : 06.12.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 28.02.2022 Passed U/S 143(3) R.W.S. 144C(13) Of The I.T.Act. The Relevant Assessment Year Is 2017-2018. 2. The Assessee Has Raised 13 Grounds In Its Memorandum Of Appeal Dated 22.06.2022. The Learned Ar During The Course Of Hearing, Did Not Raise Any Specific Plea With Regard To Grounds 1 To 5, 10, 12 & 13 (Also Sub-Grounds), Hence, The Same Are Dismissed. The Surviving Grounds, Namely, Grounds 6 To 9, 11 & Its Sub-Grounds, Read As Follows:-

For Appellant: Sri.Ajay Vohra, AdvocateFor Respondent: Sri.Arun Kumar, CIT(TP)-2-DR
Section 143(3)Section 37Section 92B

…ision for leave encashment on accrual basis for an amount of Rs.10,68,47,430 by relying on the judgment of the Hon’ble Calcutta High Court in the case 13 IT(TP)A No.283/Bang/2022. M/s.HP India Sales Private Limited of Exide Industries Ltd. v. UOI reported in 292 ITR 470 (Cal). This claim made by the assessee during the assessment proceedings for A.Y. 2012-2013 was disallowed vide order passed u/s 143(3) of the I.T.Act dated 03.01.2017. The assessee preferred an appeal and the same was adjudicated by the Co-ordinate Bench of the Tribunal in assessee’s own case for assessment year 2012-2013 (supra). It is claimed…

Birla Corporation Ltd., Kolkata vs. DCIT, Cir.-6(1), Kolkata

In the result, appeals filed by the Revenue for AYs 2011-12 &

ITA 495/KOL/2020[2012-13]Status: DisposedITAT Kolkata31 Oct 2022AY 2012-13

Bench: Sri Rajpal Yadav & Dr. Manish Borad

Section 143(3)Section 250Section 37(1)Section 40Section 43B

…allowability of the deduction u/s 43B(f) of the Act. 22.1. The assessee had claimed deduction on account of provision made for leave encashment relying upon the decision of the Hon’ble Calcutta High Court in Exide Industries Limited v. Union of India, (2007) 292 ITR 470 (Cal) whereby clause (f) of Section 43B of the Act was held unconstitutional. Ld. AO disallowed the claim by Page 56 of 59 I.T.A. Nos.: 494 & 495/Kol/2020 & I.T.A. Nos.: 2111 & 2112/Kol/2018 Assessment Years: 2011-12 & 2012-13 Birla Corporation Limited. observing that the matter was sub judice before the Hon’ble Supreme Court. On appeal, ld. CIT…