George Williamson (Assam) Ltd. v. CIT & Anr.

Chintoo Creations, Delhi vs. Circle-50(1), New Delhi

In the result, this appeal is partly allowed

Bench: Due Date Of Filling Of Return Of Income U/S 139(1) Of It Act & Therefore Are Allowable Under Law As Per Decision Of Jurisdictional Delhi High Court. (Tax Effect: Rs.7,57,156/-) 2. Whether On The Facts & In The Circumstances Of The Case & Position On Law, The Education Cess & The Secondary & Higher Education Cess Amounting To Rs.1,27,329/- Is A Disallowable Expenditure U/S 40(A)(Ii) Of The Income-Tax Act, 1961. (Tax Effect: Rs.44,565/-) The Above Ground Is An Additional Ground. 3. The Appellant Craves Leave To Add, Delete, Modify/Amend The Above Grounds Of Appeal With The Permission Of The Hon’Ble Appellate Authority.

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘B’: NEW DELHI (Through Video Conferencing) BEFORE, SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER M/s Chintoo Creations Dy. Commissioner of WZ-119A/2, Income Tax, Naraina Village, CPC, Bangalore-560500 Chintoo Heights Vs. Building, Naraina, Delhi-110 028 PAN-AAAFC 3893K (Appellant) (Respondent) Appellant By Sh. Suresh K. Gupta, CA Respondent by Sh. Jagdish Singh, Sr. DR ORDER PER ANADEE NATH MISSHRA, AM: (A) This appeal by Assessee is filed against the order of Learned Commissioner of Income Tax (Appeals), Del…

Director of Income Tax vs. Italian Thai Development Co Ltd

…ring a capital asset. The ITAT agreed with the assessee, holding that the tax borne by the assessee was a part of the entire consideration agreed to be paid. In doing so, the ITAT relied upon and followed the judgment in Tata Yadogawa Ltd v. CIT, (2011) 335 ITR 53 and CIT v. Standard Polygraph Machines P. Ltd. (1998) 243 ITR 788 (Mad.). The ITAT allowed the appeal of the assessee, following the said two judgments. The view expressed in Tata Yadogawa which was followed is extracted below: - “Under the collaboration agreement the know-how was to be provided to the assessee by ESW, in consideration whe…

Director of Income Tax vs. Italian Thai Development Co Ltd

…ring a capital asset. The ITAT agreed with the assessee, holding that the tax borne by the assessee was a part of the entire consideration agreed to be paid. In doing so, the ITAT relied upon and followed the judgment in Tata Yadogawa Ltd v. CIT, (2011) 335 ITR 53 and CIT v. Standard Polygraph Machines P. Ltd. (1998) 243 ITR 788 (Mad.). The ITAT allowed the appeal of the assessee, following the said two judgments. The view expressed in Tata Yadogawa which was followed is extracted below: - “Under the collaboration agreement the know-how was to be provided to the assessee by ESW, in consideration whe…