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.

How many judgments cite Exide Industries Ltd. v. Union of India?

320 judgments on BharatTax cite Exide Industries Ltd. v. Union of India (292 ITR 470), spanning 2015 to 2026.

Which sections of the Income Tax Act does Exide Industries Ltd. v. Union of India come up under?

It is most often cited in judgments turning on Section 143(3), Section 43B, Section 14A, Section 263, Section 43B(f), Section 10(20).

Exide Industries Ltd. v. Union of India (292 ITR 470)

Deputy Commissioner of Income Tax Circle -IV, Kapurthala vs. M/S Punjab Gramin Bank, Kapurthala

ITA 731/ASR/2017[2014-15]Status: DisposedITAT Amritsar05 Apr 2019AY 2014-15

Bench: Shri N.K. Saini & Shri Ravish Sood

For Appellant: Shri Ranjan Sehgal, A.RFor Respondent: Smt. Parvinder Kaur, C.I.T, D.R

Section 143(3)Section 260ASection 36(1)(viia)Section 40Section 43B

…ng on the decision of Hon’ble High Court of Kerala (in ITA NO. 64 of 2012 of Commissioner of Income Tax Thiruvananthapuram Vs. Hindustan Latex Ltd. Thiruvananthapuram) wherein reliance was placed on decision of Calcutta High Court in case of Excide Industries 292 ITR 470 (Calcutta) whose operation has been stayed by Hon’ble Supreme Court. 4. That on the facts and in the circumstances of the case Ld. CIT(A) has erred in law and on facts in deleting the addition of Rs. 3,53,47,000/- made by the AO by disallowing the provision for bad and doubtful debit on standard assets. 5. That while allowing the relief of Rs. 3,…

DCIT, New Delhi vs. M/S. Quippo Oil & Gas Infra Ltd., New Delhi

Appeal of the revenue is dismissed

ITA 5710/DEL/2014[2008-09]Status: DisposedITAT Delhi03 Apr 2019AY 2008-09

Bench: Shri R. K. Panda & Ms Suchitra Kamblequippo Oil & Gas Infra Ltd. Vs The Additional D-2, 5Th Floor, Southern Park, Commissioner Of Income Saket Place Tax, New Delhi Aaacq1278P Range-14 New Delhi (Appellant) (Respondent) Dcit Vs Quippo Oil & Gas Infra Ltd. Circle-14(1) D-2, 5Th Floor, Southern New Delhi Park, Saket Place New Delhi Aaacq1278P (Appellant) (Respondent)

Section 115JSection 143(3)Section 37Section 43B

…the previous year, the assessee made a provision on account of leave encashment amounting to Rs. 4,66,803/- and the same amount has been claimed as deduction in computing the taxable income relying on the decision in Excide Industries Ltd. Vs. Union of India 292 ITR 470. The Assessing Officer made disallowance on the contention that the same is allowable on payment basis as per provision of Section 43B (F). The assessee also debited an amount of Rs. 18,11,419/- (after NET OFF) to the profit and loss account on account of foreign exchange fluctuation loss which was disallowed contending that this loss is on accou…

M/S. Quippo Oil & Gas Infrastructure Ltd., Gurgaon vs. Addl.CIT, New Delhi

Appeal of the revenue is dismissed

ITA 5634/DEL/2014[2008-09]Status: DisposedITAT Delhi03 Apr 2019AY 2008-09

Bench: Shri R. K. Panda & Ms Suchitra Kamblequippo Oil & Gas Infra Ltd. Vs The Additional D-2, 5Th Floor, Southern Park, Commissioner Of Income Saket Place Tax, New Delhi Aaacq1278P Range-14 New Delhi (Appellant) (Respondent) Dcit Vs Quippo Oil & Gas Infra Ltd. Circle-14(1) D-2, 5Th Floor, Southern New Delhi Park, Saket Place New Delhi Aaacq1278P (Appellant) (Respondent)

Section 115JSection 143(3)Section 37Section 43B

…the previous year, the assessee made a provision on account of leave encashment amounting to Rs. 4,66,803/- and the same amount has been claimed as deduction in computing the taxable income relying on the decision in Excide Industries Ltd. Vs. Union of India 292 ITR 470. The Assessing Officer made disallowance on the contention that the same is allowable on payment basis as per provision of Section 43B (F). The assessee also debited an amount of Rs. 18,11,419/- (after NET OFF) to the profit and loss account on account of foreign exchange fluctuation loss which was disallowed contending that this loss is on accou…

M/S. Tv Today Network Ltd., New Delhi vs. ACIT, New Delhi

In the result appeal of the assessee is partly allowed

ITA 1997/DEL/2014[2010-11]Status: DisposedITAT Delhi28 Mar 2019AY 2010-11

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Salil Aggarwal, AdvFor Respondent: Smt Naina Soil Kapil, Sr DR

Section 143

…e of Rs. 20341087/-. In response to this, the assessee submitted that the assessee has claimed leave encashment on accrual basis in the return of income based on the judgement given by the Hon‟ble Calcutta High Court in case of CIT vs Exide industries limited 292 ITR 470. It was further stated that though the above judgement of the Hon‟ble Calcutta High Court has now been stayed by the Hon‟ble Supreme Court, the assessee is entitled to the above claim. The learned assessing officer noted that the decision of the honourable Calcutta High Court has now been stayed by the Supreme Court and it has been clarified that…

ACIT, New Delhi vs. M/S. T.V. Today Network Ltd., New Delhi

In the result appeal of the assessee is partly allowed

ITA 4097/DEL/2013[2009-10]Status: DisposedITAT Delhi28 Mar 2019AY 2009-10

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Salil Aggarwal, AdvFor Respondent: Smt Naina Soil Kapil, Sr DR

Section 143

…e of Rs. 20341087/-. In response to this, the assessee submitted that the assessee has claimed leave encashment on accrual basis in the return of income based on the judgement given by the Hon‟ble Calcutta High Court in case of CIT vs Exide industries limited 292 ITR 470. It was further stated that though the above judgement of the Hon‟ble Calcutta High Court has now been stayed by the Hon‟ble Supreme Court, the assessee is entitled to the above claim. The learned assessing officer noted that the decision of the honourable Calcutta High Court has now been stayed by the Supreme Court and it has been clarified that…

Tv Today Network Ltd., New Delhi vs. ACIT, New Delhi

In the result appeal of the assessee is partly allowed

ITA 3657/DEL/2013[2009-10]Status: DisposedITAT Delhi28 Mar 2019AY 2009-10

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Salil Aggarwal, AdvFor Respondent: Smt Naina Soil Kapil, Sr DR

Section 143

…e of Rs. 20341087/-. In response to this, the assessee submitted that the assessee has claimed leave encashment on accrual basis in the return of income based on the judgement given by the Hon‟ble Calcutta High Court in case of CIT vs Exide industries limited 292 ITR 470. It was further stated that though the above judgement of the Hon‟ble Calcutta High Court has now been stayed by the Hon‟ble Supreme Court, the assessee is entitled to the above claim. The learned assessing officer noted that the decision of the honourable Calcutta High Court has now been stayed by the Supreme Court and it has been clarified that…

M/S Tv Today Network Ltd., New Delhi vs. ACIT, New Delhi

In the result appeal of the assessee is partly allowed

ITA 2452/DEL/2013[2004-05]Status: DisposedITAT Delhi28 Mar 2019AY 2004-05

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Salil Aggarwal, AdvFor Respondent: Smt Naina Soil Kapil, Sr DR

Section 143

…e of Rs. 20341087/-. In response to this, the assessee submitted that the assessee has claimed leave encashment on accrual basis in the return of income based on the judgement given by the Hon‟ble Calcutta High Court in case of CIT vs Exide industries limited 292 ITR 470. It was further stated that though the above judgement of the Hon‟ble Calcutta High Court has now been stayed by the Hon‟ble Supreme Court, the assessee is entitled to the above claim. The learned assessing officer noted that the decision of the honourable Calcutta High Court has now been stayed by the Supreme Court and it has been clarified that…

ACIT, New Delhi vs. M/S. T.V. Today Network Ltd., New Delhi

In the result appeal of the assessee is partly allowed

ITA 6080/DEL/2012[2008-09]Status: DisposedITAT Delhi28 Mar 2019AY 2008-09

Bench: Smt Beena A Pillai & Shri Prashant Maharishi

For Appellant: Shri Salil Aggarwal, AdvFor Respondent: Smt Naina Soil Kapil, Sr DR

Section 143

…e of Rs. 20341087/-. In response to this, the assessee submitted that the assessee has claimed leave encashment on accrual basis in the return of income based on the judgement given by the Hon‟ble Calcutta High Court in case of CIT vs Exide industries limited 292 ITR 470. It was further stated that though the above judgement of the Hon‟ble Calcutta High Court has now been stayed by the Hon‟ble Supreme Court, the assessee is entitled to the above claim. The learned assessing officer noted that the decision of the honourable Calcutta High Court has now been stayed by the Supreme Court and it has been clarified that…

Group M Media (India) Private Limited, Mumbai vs. Deputy Commissioner of Income Tax (OSD) 7, Mumbai

In the result, appeal of the assessee is allowed for statistical purpose

ITA 501/MUM/2018[2010-11]Status: DisposedITAT Mumbai27 Mar 2019AY 2010-11

Bench: Shri Pawan Singh & Shri N.K. Pradhanm/S Group M Media (India) The Dcit (Osd)-7, Pvt. Ltd., 8Th Floor, Commerz 455, Aayakar Bhavan, International Business Park, M.K. Road, Oberoi Garden City, Off Mumbai-400020. Vs. Western Express Highway, Goregaon (East), Mumbai-400063. Pan: Aadcm1073B Appellant Respondent Appellant By : Shri Ajit Shah(Ar) Respondent By : Shri S.K. Mishra (Sr. Dr) Date Of Hearing : 20.03.2019 Date Of Pronouncement : 27.03.2019 Order Under Section 254(1)Of Income Tax Act

For Appellant: Shri Ajit Shah(AR)For Respondent: Shri S.K. Mishra (Sr. DR)

Section 143(3)Section 254(1)Section 43B

…IN THE INCOME-TAX APPELLATE TRIBUNAL “G” BENCH MUMBAI BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND SHRI N.K. PRADHAN, ACCOUNTANT MEMBER M/s Group M Media (India) The DCIT (OSD)-7, Pvt. Ltd., 8th Floor, Commerz 455, Aayakar Bhavan, International Business Park, M.K. Road, Oberoi Garden City, Off Mumbai-400020. Vs. Western Express Highway, Goregaon (East), Mumbai-400063. PAN: AADCM1073B Appellant Respondent Appellant by : Shri Ajit Shah(AR) Respondent by : Shri S.K. Mishra (Sr. DR) Date of Hearing : 20.03.2019 Date of Pronouncement : 27.03.2019 ORDER UNDER SECTION 254(1)OF INCOME TAX ACT PER PAWAN SINGH, JUD…

DCIT, Cir-6(1), Kolkata vs. M/S Cesc Ltd., Kolkata

In the result, the appeal of assessee is allowed for statistical purposes and that of the revenue is dismissed

ITA 1186/KOL/2015[2011-2012]Status: DisposedITAT Kolkata15 Mar 2019AY 2011-2012

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

Section 263

…upreme Court in the light of Department’s special Leave Petition pending before the Hon’ble Supreme Court and wherein the Hon’ble Apex Court was pleased to stay the order of the Hon’ble Calcutta High Court in the case of M/s. Exide Industries Ltd. reported in 292 ITR 470. Per contra, Learned Departmental Representative did not raise any objection. 4. We have considered the submissions of both the parties and have perused the records of the case. We find that Tribunal on identical issue in ITA No. 1787/Kol./2008 in the case of M/s. Ernst & Young Pvt. Ltd. has accepted the aforesaid course of action as suggested b…

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

In the result, the appeal of assessee is allowed for statistical purposes and that of the revenue is dismissed

ITA 1133/KOL/2015[2011-2012]Status: DisposedITAT Kolkata15 Mar 2019AY 2011-2012

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

Section 263

…upreme Court in the light of Department’s special Leave Petition pending before the Hon’ble Supreme Court and wherein the Hon’ble Apex Court was pleased to stay the order of the Hon’ble Calcutta High Court in the case of M/s. Exide Industries Ltd. reported in 292 ITR 470. Per contra, Learned Departmental Representative did not raise any objection. 4. We have considered the submissions of both the parties and have perused the records of the case. We find that Tribunal on identical issue in ITA No. 1787/Kol./2008 in the case of M/s. Ernst & Young Pvt. Ltd. has accepted the aforesaid course of action as suggested b…

Srei Infrastructure Finance Ltd., New Delhi vs. Addl. CIT, New Delhi

In the result, this ground of the revenue is dismissed

ITA 1318/DEL/2012[2008-09]Status: DisposedITAT Kolkata27 Feb 2019AY 2008-09

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godarai.T.A. No. 1302/Del/2012 (Assessment Year: 2008-09) Acit, Circle-9(1), New Delhi....………………...…….........………………………............….Revenue/Department

Section 115JSection 143(3)Section 14ASection 250Section 45I

…ision of leave encashment. This issue is set aside to the file of the Assessing Officer to adjudicate the issue de novo, after considering the final judgment of the Hon’ble Supreme Court in the case of Exide Industries Limited & Anr. Vs. Union of India & Ors. 292 ITR 470 (Cal) read with CIT vs. M/s Exide Industries Ltd. & Anr. in Civil No.22889/2008. 14. Ground No.4 is against the addition of profit on sale of fixed assets/investments in the computation of book profits u/s 115JB of the Act. This issue is admittedly covered against the assessee by the decision of the Special Bench of the Hyderabad ITAT in the case…

ACIT, New Delhi vs. M/S. Srei Infrastructure Finance Ltd., New Delhi

In the result, this ground of the revenue is dismissed

ITA 1302/DEL/2012[2008-09]Status: DisposedITAT Kolkata27 Feb 2019AY 2008-09

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godarai.T.A. No. 1302/Del/2012 (Assessment Year: 2008-09) Acit, Circle-9(1), New Delhi....………………...…….........………………………............….Revenue/Department

Section 115JSection 143(3)Section 14ASection 250Section 45I

…ision of leave encashment. This issue is set aside to the file of the Assessing Officer to adjudicate the issue de novo, after considering the final judgment of the Hon’ble Supreme Court in the case of Exide Industries Limited & Anr. Vs. Union of India & Ors. 292 ITR 470 (Cal) read with CIT vs. M/s Exide Industries Ltd. & Anr. in Civil No.22889/2008. 14. Ground No.4 is against the addition of profit on sale of fixed assets/investments in the computation of book profits u/s 115JB of the Act. This issue is admittedly covered against the assessee by the decision of the Special Bench of the Hyderabad ITAT in the case…

M/S Saregama India Limited, Kolkata vs. DCIT, Cir.-3(1), Kolkata

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

ITA 311/KOL/2017[2009-10]Status: DisposedITAT Kolkata20 Feb 2019AY 2009-10

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godarai.T.A. No. 311/Kol/2017 Assessment Year: 2009-10 M/S. Saregama India Limited..............…………………….………....………………...…………………….….Appellant [Pan : Aaact 9815 B] Dcit, Circle-3(1), Kolkata………...................................................................…....….…………..…...Respondent Appearances By: Shri P. Jhunjhunwala, Advocate, Appearing On Behalf Of The Appellant. Shri C. J. Singh, Jcit, Sr. Dr, Appearing On Behalf Of The Respondent. Date Of Concluding The Hearing : January 21St , 2019 Date Of Pronouncing The Order : February 20Th , 2019 O R D E R Per J. Sudhakar Reddy :- This Appeal Is Filed By The Assessee & Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-22, Kolkata (Hereinafter The ‘Ld. Cit (A)’), Passed U/S 250 Of The Income Tax Act, 1961 (The ‘Act’), Dated 09/12/2016 On The Following Grounds:

Section 139Section 250Section 28Section 43B

…aves leave to add, alter, amend, modify or rescind the grounds hereinabove before or at the hearing of this appeal.” 2. The issue in question is covered by the judgment of the jurisdictional High Court in the case of Exide Industries Ltd. vs. Union of India [292 ITR 470(Cal)]. The Hon’ble Supreme Court in SLP Civil No.22889/2008 order dated 08.05.2009 held as follows: “Pending hearing and final disposal of the civil appeal, Department is restrained from recovery of penalty and which has accrued till date. It is made clear that as for as the outstanding interest demand as of date is concerned, it would be open t…

M/S. S.R. Batliboi & Associates LLP, Kolkata vs. DCIT, Circle - 54, Kolkata (Currently Circle - 22), Kolkata

In the result, all the three appeals of the assessee are treated as allowed for statistical purpose

ITA 1343/KOL/2018[2011-12]Status: DisposedITAT Kolkata15 Feb 2019AY 2011-12

Bench: Shri P.M. Jagtap & Shri A. T. Varkey, Jm]

Section 43B

…llowability of provision for leave encashment in terms of sub-section (f) of section 43B of the Income Tax Act. The assessee had advanced its claim relying on the decision of the Hon’ble Kolkata High Court in the case of M/s. Exide Industries Ltd. reported in 292 ITR 470. However, the Assessing Officer did not accept the assessee’s claim observing that Department has preferred a Special Leave Petition before the Hon’ble Supreme Court and stay of the order of the Hon’ble Kolkata High Court was granted by the Hon’ble Apex Court. Ld. senior counsel submitted that under identical circumstances, Tribunal has restored…

M/S. S R Batliboi & Company LLP, Kolkata vs. ACIT, Circle -54, Kolkata

In the result, all the three appeals of the assessee are treated as allowed for statistical purpose

ITA 1342/KOL/2018[2011-12]Status: DisposedITAT Kolkata15 Feb 2019AY 2011-12

Bench: Shri P.M. Jagtap & Shri A. T. Varkey, Jm]

Section 43B

…llowability of provision for leave encashment in terms of sub-section (f) of section 43B of the Income Tax Act. The assessee had advanced its claim relying on the decision of the Hon’ble Kolkata High Court in the case of M/s. Exide Industries Ltd. reported in 292 ITR 470. However, the Assessing Officer did not accept the assessee’s claim observing that Department has preferred a Special Leave Petition before the Hon’ble Supreme Court and stay of the order of the Hon’ble Kolkata High Court was granted by the Hon’ble Apex Court. Ld. senior counsel submitted that under identical circumstances, Tribunal has restored…

M/S. S R Batliboi & Company LLP, Kolkata vs. ACIT, Circle -54, Kolkata

In the result, all the three appeals of the assessee are treated as allowed for statistical purpose

ITA 1341/KOL/2018[2009-10]Status: DisposedITAT Kolkata15 Feb 2019AY 2009-10

Bench: Shri P.M. Jagtap & Shri A. T. Varkey, Jm]

Section 43B

…llowability of provision for leave encashment in terms of sub-section (f) of section 43B of the Income Tax Act. The assessee had advanced its claim relying on the decision of the Hon’ble Kolkata High Court in the case of M/s. Exide Industries Ltd. reported in 292 ITR 470. However, the Assessing Officer did not accept the assessee’s claim observing that Department has preferred a Special Leave Petition before the Hon’ble Supreme Court and stay of the order of the Hon’ble Kolkata High Court was granted by the Hon’ble Apex Court. Ld. senior counsel submitted that under identical circumstances, Tribunal has restored…

The Tinplate Company of India Limited, Kolkata vs. DCIT, Circle - 3, Kolkata

In the result, appeals of assessee for AYs 2006-07 and 2007-08 are disposed off

ITA 555/KOL/2018[2011-12]Status: DisposedITAT Kolkata08 Feb 2019AY 2011-12

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi] I.T.A. No. 555/Kol/2018 Assessment Year: 2011-12 The Tinplate Company Of India Ltd..................................…………………………............Appellant 4, Bankshall Street, Kolkata – 700 001. [Pan: Aabct 0129 P] Dcit, Circle – 3 Kolkata....................……………………………………..............................Respondent P-7, Chowringhee Square, Kolkata – 700 069. Appearances By: Shri Rajesh Sharma, Ca Appearing On Behalf Of The Assessee. Shri Shankar Halder, Sr. Dr (Jcit) Appearing On Behalf Of The Revenue Date Of Concluding The Hearing : January 31, 2019 Date Of Pronouncing The Order : February 08, 2019 Order Per P.M. Jagtapthis Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit(A) – 1Kolkata Dated 25.01.2018 & The Grounds Raised By The Assessee Therein Read As Under: “1(A). That On The Facts & In The Circumstances Of The Case, The Learned Cit(Appeals) Erred In Upholding The Action Of The Assessing Officer In Invoking The Provisions Of Section 43B(F) Of The Act In Disallowing A Sum Of Rs. 2,69,68,179/- On Account Of Provision For Leave Encashment. 1(B). That On The Facts & In The Circumstances Of The Case, The Learned Cit(Appeals) Erred In Upholding The Disallowance Of Rs. 2,69,68,179/- Disregarding A Binding Decision Of The Hon’Ble High Court Of Jurisdiction. 2. That On The Facts & Under The Circumstances Of The Case, The Learned Cit(Appeals) Erred In Confirming The Action Of The Assessing Officer In Invoking The Provisions Of Rule 8D Without Satisfying Pre-Condition For Invoking The Provisions Of Rule 8D. 3. That On The Facts & Under The Circumstances Of The Case, The Learned Cit(Appeals) Erred In Confirming The Action Of The Assessing Officer In Charging Interest U/S 234D Of The Act.’’

Section 234DSection 43B

…llowability of provision for leave encashment in terms of sub-section (f) of section 43B of the Income Tax Act. The assessee had advanced its claim relying on the decision of the Hon’ble Kolkata High Court in the case of M/s. Exide Industries Ltd. reported in 292 ITR 470. However, the Assessing Officer did not accept the assessee’s claim observing that Department has preferred a Special Leave Petition before the Hon’ble Supreme Court and stay of the order of the Hon’ble Kolkata High Court was granted by the Hon’ble Apex Court. Ld. senior counsel submitted that under identical circumstances, Tribunal has restored…

DCIT - 4(1)(1), Mumbai vs. Enam Securities Pvt. Ltd., Mumbai

In the result, this appeal filed by the Revenue is dismissed and the assessee’s cross

ITA 6526/MUM/2016[2008-09]Status: DisposedITAT Mumbai04 Feb 2019AY 2008-09

Bench: Shri Shamim Yahya, Am & Shri Ram Lal Negi, Jm Dcit-4(1)(1), 6Th Floor, M/S. Enam Securities Pvt. Ltd. Room No. 640, Aayakar Bhavan, 24Bd Rajabahdur Compound, Vs. Mumbai-400 020 Amabalal Doshi Marg, Fort, Mumbai-400 023 Pan/Gir No. Aabce 6756 F (Revenue) : (Assessee) & Co No. 170/Mum/2018 (Arising Out Of Ita No. 6526/Mum/2016) (Assessment Year: 2008-09) Dcit-4(1)(1), 6Th Floor, M/S. Enam Securities Pvt. Ltd. Vs. Mumbai-400 023 Mumbai-400 020 (Assessee) : (Revenue)

For Appellant: Shri R. V. ChaniyariFor Respondent: Shri R. Manjunatha Swamy

Section 139(1)Section 143(3)Section 147Section 234BSection 28Section 36Section 36(1)(ii)Section 43B

…IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, AM AND SHRI RAM LAL NEGI, JM DCIT-4(1)(1), 6th Floor, M/s. Enam Securities Pvt. Ltd. Room No. 640, Aayakar Bhavan, 24BD Rajabahdur Compound, Vs. Mumbai-400 020 Amabalal Doshi Marg, Fort, Mumbai-400 023 PAN/GIR No. AABCE 6756 F (Revenue) : (Assessee) & CO No. 170/Mum/2018 (Arising out of ITA No. 6526/Mum/2016) (Assessment Year: 2008-09) DCIT-4(1)(1), 6th Floor, M/s. Enam Securities Pvt. Ltd. Vs. Mumbai-400 023 Mumbai-400 020 (Assessee) : (Revenue) Revenue by : Shri R. Manjunatha Swamy Assessee by : Shri R. V. Chaniyari Date of Hea…

M/S. Punjab National Bank, New Delhi vs. Addl.CIT, New Delhi

In the result appeal filed assessee stands partly allowed

ITA 5481/DEL/2014[2011-12]Status: DisposedITAT Delhi03 Jan 2019AY 2011-12

Bench: Smt. Beena A Pillai & Dr. B.R.R. Kumaray: 2011-12

For Appellant: Sh. Karan Khanna, AdvFor Respondent: Smt. Sulekha Verma, CIT, D.R

Section 14Section 142Section 143(1)Section 143(2)Section 14ASection 36(1)(vii)Section 43B

…1. Ld.Counsel submitted that section 43B (f) of the Act do not cover any claim regarding leave encashment and therefore no disallowance could be made. He submitted that Hon’ble Calcutta High Court in case of Exide Industries Ltd vs. Union of India reported in 292 ITR 470 had struck down constitutional validity of section 43B (f) of the Act being arbitrary, unconstitutional and de hors the facts of decision in case of Bharat Earth Movers reported in 245 ITR 428. 11.2. On contrary, Ld.Sr.DR placed reliance upon orders passed by authorities below and submitted that, certain deductions could be allowed, only on actua…

Exide Industries Ltd. v. Union of India

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

Also referred to as

Also reported as

Sections most often in play

Issues it is cited on

Judgments citing Exide Industries Ltd. v. Union of India

Deputy Commissioner of Income Tax Circle -IV, Kapurthala vs. M/S Punjab Gramin Bank, Kapurthala

DCIT, New Delhi vs. M/S. Quippo Oil & Gas Infra Ltd., New Delhi

M/S. Quippo Oil & Gas Infrastructure Ltd., Gurgaon vs. Addl.CIT, New Delhi

M/S. Tv Today Network Ltd., New Delhi vs. ACIT, New Delhi

ACIT, New Delhi vs. M/S. T.V. Today Network Ltd., New Delhi

Tv Today Network Ltd., New Delhi vs. ACIT, New Delhi

M/S Tv Today Network Ltd., New Delhi vs. ACIT, New Delhi

ACIT, New Delhi vs. M/S. T.V. Today Network Ltd., New Delhi

Group M Media (India) Private Limited, Mumbai vs. Deputy Commissioner of Income Tax (OSD) 7, Mumbai

DCIT, Cir-6(1), Kolkata vs. M/S Cesc Ltd., Kolkata

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

Srei Infrastructure Finance Ltd., New Delhi vs. Addl. CIT, New Delhi

ACIT, New Delhi vs. M/S. Srei Infrastructure Finance Ltd., New Delhi

M/S Saregama India Limited, Kolkata vs. DCIT, Cir.-3(1), Kolkata

M/S. S.R. Batliboi & Associates LLP, Kolkata vs. DCIT, Circle - 54, Kolkata (Currently Circle - 22), Kolkata

M/S. S R Batliboi & Company LLP, Kolkata vs. ACIT, Circle -54, Kolkata

M/S. S R Batliboi & Company LLP, Kolkata vs. ACIT, Circle -54, Kolkata

The Tinplate Company of India Limited, Kolkata vs. DCIT, Circle - 3, Kolkata

DCIT - 4(1)(1), Mumbai vs. Enam Securities Pvt. Ltd., Mumbai

M/S. Punjab National Bank, New Delhi vs. Addl.CIT, New Delhi