Godrej & Boyce Mfg. Co. Ltd. v. DCIT, Range10(2), Mumbai

234 CTR 1High Court2010#1164 most cited

What is Godrej & Boyce Mfg. Co. Ltd. v. DCIT, Range10(2), Mumbai authority for?

Expenditure incurred by an assessee in relation to income not forming part of the total income is not deductible under Section 14A(1). The disallowance must be restricted to direct and indirect expenses having an approximate connection with the earning of such exempt income, and Rule 8D applies from Assessment Year 2008-09.

97

judgments rely on this decision, according to BharatTax’s citation analysis of 367,514 Indian tax judgments — from 2015 to 2025.

Also referred to as

Godrej & Boyce Mfg. Co. Ltd. · Section 14A · Rule 8D · disallowance of expenditure · exempt income · expenses related to exempt income · approximate connection · applicability of Rule 8D · Section 14A(1) · Bombay High Court

Sections most often in play

Section 115JBSection 14ASection 271(1)(c)Section 115USection 244ASection 36(1)(vii)Section 36(1)(viia)Section 36(1)(viii)

Issues it is cited on

section 50(1)section 80absection 70(2)section 54esection 14a(1)section 10(15)section 80msection 10(33)section 54eclong-term capital assetsection 36(1)(viii)section 226

Judgments citing Godrej & Boyce Mfg. Co. Ltd. v. DCIT, Range10(2), Mumbai

Hdfc Bank Limited (As Successor to Housing Development Finance Corporation Ltd), Mumbai vs. DCIT 1(1), Mumbai

ITA 2866/MUM/2012[2005-06]Status: DisposedITAT Mumbai28 Jan 2025AY 2005-06

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

For Appellant: Shri Nitesh Joshi, Advocate and
Section 1

…IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH MUMBAI BEFORE SHRI ANIKESH BANERJEE, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA Nos.4315 and 4316/MUM/2007 Assessment Years: 2002-03 and 2003-04 ITA Nos.3861 and 3862/Mum/2009 Assessment Years: 2004-05 and 2005-06 ITA Nos.5033/Mum/2010, 5442/Mum/2011, 2868/Mum/2012 Assessment Years: 2006-07 to 2008-09 ITA Nos.2093, 5885, 2609, 2610 and 4983/Mum/2017 Assessment Years: 2009-10 to 2013-14 ITA Nos.2665 and 2666/Mum/2024 Assessment Years: 2014-15 and 2015-16 ITA Nos.1890, 1891, 1892, 1893 and 3717/Mum/2023 and Assessment Years: 201…

Hdfc Bank Limited (As Successor to Housing Development Finance Corporation Ltd), Mumbai vs. Addl CIT RG 1(1), Mumbai

ITA 5442/MUM/2011[2007-08]Status: DisposedITAT Mumbai28 Jan 2025AY 2007-08

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

…IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH MUMBAI BEFORE SHRI ANIKESH BANERJEE, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA Nos.4315 and 4316/MUM/2007 Assessment Years: 2002-03 and 2003-04 ITA Nos.3861 and 3862/Mum/2009 Assessment Years: 2004-05 and 2005-06 ITA Nos.5033/Mum/2010, 5442/Mum/2011, 2868/Mum/2012 Assessment Years: 2006-07 to 2008-09 ITA Nos.2093, 5885, 2609, 2610 and 4983/Mum/2017 Assessment Years: 2009-10 to 2013-14 ITA Nos.2665 and 2666/Mum/2024 Assessment Years: 2014-15 and 2015-16 ITA Nos.1890, 1891, 1892, 1893 and 3717/Mum/2023 and Assessment Years: 2016-17 to 2020-21…

Addl CIT RG 1(1), Mumbai vs. Hdfc Ltd, Mumbai

ITA 5707/MUM/2010[2006-07]Status: DisposedITAT Mumbai28 Jan 2025AY 2006-07

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

For Appellant: Shri Nitesh Joshi, Advocat

…IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH MUMBAI BEFORE SHRI ANIKESH BANERJEE, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA Nos.4315 and 4316/MUM/2007 Assessment Years: 2002-03 and 2003-04 ITA Nos.3861 and 3862/Mum/2009 Assessment Years: 2004-05 and 2005-06 ITA Nos.5033/Mum/2010, 5442/Mum/2011, 2868/Mum/2012 Assessment Years: 2006-07 to 2008-09 ITA Nos.2093, 5885, 2609, 2610 and 4983/Mum/2017 Assessment Years: 2009-10 to 2013-14 ITA Nos.2665 and 2666/Mum/2024 Assessment Years: 2014-15 and 2015-16 ITA Nos.1890, 1891, 1892, 1893 and 3717/Mum/2023 and Assessment Years: 2…

Hdfc Bank Limited (As Successor to Housing Development Finance Corporation Ltd), Mumbai vs. Addl CIT RG 1(1), Mumbai

ITA 5033/MUM/2010[2006-07]Status: DisposedITAT Mumbai28 Jan 2025AY 2006-07

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

For Appellant: Shri Nitesh Joshi, Advocate and Shri Ninad Patade, CAFor Respondent: Shri Biswanath Das, CIT DR
Section 1

…IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH MUMBAI BEFORE SHRI ANIKESH BANERJEE, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA Nos. 4315 and 4316/MUM/2007 Assessment Years: 2002-03 and 2003-04 ITA Nos. 3861 and 3862/Mum/2009 Assessment Years: 2004-05 and 2005-06 ITA Nos. 5033/Mum/2010, 5442/Mum/2011, 2868/Mum/2012 Assessment Years: 2006-07 to 2008-09 ITA Nos. 2093, 5885, 2609, 2610 and 4983/Mum/2017 Assessment Years: 2009-10 to 2013-14 ITA Nos. 2665 and 2666/Mum/2024 Assessment Years: 2014-15 and 2015-16 ITA Nos. 1890, 1891, 1892, 1893 and 3717/Mum/2023 and Assessment Years: 2016-17 to 2…

Hdfc Bank Limited (As Successor to Housing Development Finance Corporation Ltd), Mumbai vs. DCIT RG 1(1), Mumbai

ITA 4314/MUM/2010[2003-04]Status: DisposedITAT Mumbai28 Jan 2025AY 2003-04

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

…IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH MUMBAI BEFORE SHRI ANIKESH BANERJEE, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA Nos.4315 and 4316/MUM/2007 Assessment Years: 2002-03 and 2003-04 ITA Nos.3861 and 3862/Mum/2009 Assessment Years: 2004-05 and 2005-06 ITA Nos.5033/Mum/2010, 5442/Mum/2011, 2868/Mum/2012 Assessment Years: 2006-07 to 2008-09 ITA Nos.2093, 5885, 2609, 2610 and 4983/Mum/2017 Assessment Years: 2009-10 to 2013-14 ITA Nos.2665 and 2666/Mum/2024 Assessment Years: 2014-15 and 2015-16 ITA Nos.1890, 1891, 1892, 1893 and 3717/Mum/2023 and Assessment Years: 2016-17 to 2020-21…

Hdfc Bank Limited (As Successor to Housing Development Finance Corporation Ltd), Mumbai vs. DCIT RG 1(1), Mumbai

ITA 4313/MUM/2010[2002-03]Status: DisposedITAT Mumbai28 Jan 2025AY 2002-03

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

For Appellant: Shri Nitesh Joshi, Advocate and Shri Ninad Patade, CAFor Respondent: Shri Biswanath Das, CIT DR
Section 1

…IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH MUMBAI BEFORE SHRI ANIKESH BANERJEE, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA Nos. 4315 and 4316/MUM/2007 Assessment Years: 2002-03 and 2003-04 ITA Nos. 3861 and 3862/Mum/2009 Assessment Years: 2004-05 and 2005-06 ITA Nos. 5033/Mum/2010, 5442/Mum/2011, 2868/Mum/2012 Assessment Years: 2006-07 to 2008-09 ITA Nos. 2093, 5885, 2609, 2610 and 4983/Mum/2017 Assessment Years: 2009-10 to 2013-14 ITA Nos. 2665 and 2666/Mum/2024 Assessment Years: 2014-15 and 2015-16 ITA Nos. 1890, 1891, 1892, 1893 and 3717/Mum/2023 and Assessment Years: 2016-17 to 2…

Addl CIT RG 1(1), Mumbai vs. Hdfc Ltd, Mumbai

ITA 3785/MUM/2009[2004-05]Status: DisposedITAT Mumbai28 Jan 2025AY 2004-05

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

For Appellant: Shri Nitesh Joshi, Advocate and Shri Ninad Patade, CAFor Respondent: Shri Biswanath Das, CIT DR
Section 1

…IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH MUMBAI BEFORE SHRI ANIKESH BANERJEE, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA Nos. 4315 and 4316/MUM/2007 Assessment Years: 2002-03 and 2003-04 ITA Nos. 3861 and 3862/Mum/2009 Assessment Years: 2004-05 and 2005-06 ITA Nos. 5033/Mum/2010, 5442/Mum/2011, 2868/Mum/2012 Assessment Years: 2006-07 to 2008-09 ITA Nos. 2093, 5885, 2609, 2610 and 4983/Mum/2017 Assessment Years: 2009-10 to 2013-14 ITA Nos. 2665 and 2666/Mum/2024 Assessment Years: 2014-15 and 2015-16 ITA Nos. 1890, 1891, 1892, 1893 and 3717/Mum/2023 and Assessment Years: 2016-17 to 2…

Hdfc Bank Limited (As Successor to Housing Development Finance Corporation Ltd), Mumbai vs. The Addl CIT RG 1(1), Mumbai

ITA 4315/MUM/2007[2002-2003]Status: DisposedITAT Mumbai28 Jan 2025AY 2002-2003

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

For Appellant: Shri Nitesh Joshi, Advocate and

…IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH MUMBAI BEFORE SHRI ANIKESH BANERJEE, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA Nos.4315 and 4316/MUM/2007 Assessment Years: 2002-03 and 2003-04 ITA Nos.3861 and 3862/Mum/2009 Assessment Years: 2004-05 and 2005-06 ITA Nos.5033/Mum/2010, 5442/Mum/2011, 2868/Mum/2012 Assessment Years: 2006-07 to 2008-09 ITA Nos.2093, 5885, 2609, 2610 and 4983/Mum/2017 Assessment Years: 2009-10 to 2013-14 ITA Nos.2665 and 2666/Mum/2024 Assessment Years: 2014-15 and 2015-16 ITA Nos.1890, 1891, 1892, 1893 and 3717/Mum/2023 and Assessment Years: 201…

DCIT Cir 1(1), Mumbai vs. M/S Housing Developement Finance Corporation Ltd, Mumbai

In the result, appeals of both, assessee and revenue are decided

ITA 4161/MUM/2007[2002-2003]Status: DisposedITAT Mumbai28 Jan 2025AY 2002-2003

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

For Appellant: Shri Nitesh Joshi, Advocate and
Section 1

…IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH MUMBAI BEFORE SHRI ANIKESH BANERJEE, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA Nos.4315 and 4316/MUM/2007 Assessment Years: 2002-03 and 2003-04 ITA Nos.3861 and 3862/Mum/2009 Assessment Years: 2004-05 and 2005-06 ITA Nos.5033/Mum/2010, 5442/Mum/2011, 2868/Mum/2012 Assessment Years: 2006-07 to 2008-09 ITA Nos.2093, 5885, 2609, 2610 and 4983/Mum/2017 Assessment Years: 2009-10 to 2013-14 ITA Nos.2665 and 2666/Mum/2024 Assessment Years: 2014-15 and 2015-16 ITA Nos.1890, 1891, 1892, 1893 and 3717/Mum/2023 and Assessment Years: 201…

Air India Limited, Mumbai vs. ACIT Circle 5(1)(1), Mumbai

In the result, the appeal of the assessee bearing ITA No

ITA 5632/MUM/2024[2017-18]Status: DisposedITAT Mumbai18 Dec 2024AY 2017-18

Bench: Shri.Narendra Kumar Billaiya & Shri Anikesh Banerjee

For Appellant: Shri Madhur AgarwalFor Respondent: Shri Ram Krishn Kedia (SR DR)
Section 143(3)Section 14ASection 250

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “A”, MUMBAI BEFORE SHRI.NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER AND SHRI ANIKESH BANERJEE, JUDICIAL MEMBER I.T.A No.5632/Mum/2024 (Assessment Year: 2017-18) Air India Limited vs Assistant Commissioner of Income Block-4, Vatika One On One, Tax, Circle 5(1)(1), Mumbai RoomNo.568, 5th Floor, Aayakar Sector-16, NH-48, Industrial Estate, Gurgaon-122 007 Bhavan, Maharishi Karve Road, PAN : AACCN6194P Mumbai-400 020 APPLICANT RESPONDENT Assessee by : Shri Madhur Agarwal Respondent by : Shri Ram Krishn Kedia (SR DR) Date of hearing : 12/12/2024 Date of pronounceme…

Deputy Commissioner of Income Tax Circle-3(1)(1), Bangalore vs. M/S Infosys Limited, Bangalore

In the result, the appeal filed by the assessee as well as by revenue are partly allowed for statistical purposes

ITA 809/BANG/2018[2013-14]Status: DisposedITAT Bangalore09 Jan 2023AY 2013-14

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariit(Tp)A No.735/Bang/2018 Assessment Year: 2013-14

For Appellant: Shri Padam Chand Khincha, A.RFor Respondent: Sri Sreenivas T. Bidari, D.R
Section 11Section 14ASection 194JSection 234BSection 40Section 80J

…ITR 416, wherein it was held that expenditure in relation to exempted income is to be disallowed u/s.14A even when no exempted income is earned during the year. Further, in the case of Godrej & Boyce Mfg. Co. Ltd. Vs. Deputy Commissioner of Income tax, (2010) 234 CTR 1 (Born), High Court of Bombay has held that no deduction shall be allowed in respect of expenditure incurred by the assessee in relation to such income which does not form part of the total income under the Act. This was by virtue of the provisions of S.14A(1) and the provisions of Rule 8D of the IT Rules, which was notified w.e.f. 24.03.2008 and sh…

M/S Infosys Ltd, Bangalor E vs. The Assistant Commissioner of Income Tax Circle-3(1)(1), Bangalore

In the result, the appeal filed by the assessee as well as by revenue are partly allowed for statistical purposes

ITA 735/BANG/2018[2013-14]Status: DisposedITAT Bangalore09 Jan 2023AY 2013-14

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariit(Tp)A No.735/Bang/2018 Assessment Year: 2013-14

For Appellant: Shri Padam Chand Khincha, A.RFor Respondent: Sri Sreenivas T. Bidari, D.R
Section 11Section 14ASection 194JSection 234BSection 40Section 80J

…ITR 416, wherein it was held that expenditure in relation to exempted income is to be disallowed u/s.14A even when no exempted income is earned during the year. Further, in the case of Godrej & Boyce Mfg. Co. Ltd. Vs. Deputy Commissioner of Income tax, (2010) 234 CTR 1 (Born), High Court of Bombay has held that no deduction shall be allowed in respect of expenditure incurred by the assessee in relation to such income which does not form part of the total income under the Act. This was by virtue of the provisions of S.14A(1) and the provisions of Rule 8D of the IT Rules, which was notified w.e.f. 24.03.2008 and sh…

Vibha Agrotech Limited, Hyderabad vs. Dy. Commissioner of Income Tax, Circle-17(2), Hyderabad

In the result, the appeal of the assessee is partly allowed

ITA 179/HYD/2018[2013-14]Status: DisposedITAT Hyderabad28 Jun 2022AY 2013-14

Bench: Before Shri Rama Kanta Panda & Shri Laliet Kumarassessment Year: 2013-14 Vibha Agrotech Limited, Vs. The Dy.Commissioner Of Hyderabad. Income Tax, Circle – 17(2), Pan : Aaacv8157A Hyderabad. (Appellant) (Respondent) Assessee By: Sri Ca P. Murali Mohan Rao Revenue By: Dr. Rajendra Kumar, Cit Date Of Hearing: 23.06.2022 Date Of Pronouncement: 28.06.2022 O R D E R Per Laliet Kumar, J.M. This Appeal Is Filed By The Assessee Feeling Aggrieved By The Order Of Learned Commissioner Of Income Tax (Appeals) – 5, Hyderabad Dt.21.07.2017 For The Assessment Year 2013-14 On The Following Grounds :

For Appellant: Sri CA P. Murali Mohan RaoFor Respondent: Dr. Rajendra Kumar, CIT
Section 10(1)Section 14ASection 35Section 37(1)Section 44A

…nvestments are not intended for earning exempt income and that no administrative expenditure was incurred in managing these huge amounts or investment. In view of the decision of the Hon'ble Bombay High Court in the case of Godrej & Boyce Mfg Company the Ltd (234 CTR 1) which dealt with various issues viz, the purport, the interpretation, the applicability and the constitutional validity of section 14A of the I.T. Act, 1961 and Rule 8D of the IT investments Rules 1962 and considering the facts of the case, 0.50 per cent of the average value of the investments (as against indirect expenses that would have been inc…

Ccl Optoelectronics Pvt Ltd., Navi Mumbai vs. ITO 15(1)(3), Mumbai

In the result, this appeal by the assessee stands allowed

ITA 533/MUM/2020[2013-14]Status: DisposedITAT Mumbai22 Feb 2022AY 2013-14

Bench: Shri Shamim Yahya

Section 14ASection 250

…IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” Bench, Mumbai Before Shri Shamim Yahya, Accountant Member I.T.A. No. 533/Mum/2020 (Assessment Year 2013-14) Vs. ITO-15(1)(3) CCL Optoelectronics Private Limited Room No.15B, Ground Floor EL-38, Electronic Zone Aaykar Bhawan MIDC, Mahape M.K.Road Navi Mumbai-400 710 Mumbai-400 020 PAN : AABCC4411H (Appellant) (Respondent) Shri Dhiren Assessee by Department by Shri T.Shankar, Sr.AR Date of Hearing 30.12.2021 Date of Pronouncement 22.02.2022 O R D E R Per Shri Shamim Yahya (AM) :- This appeal by the assessee is directed against the order of learned Commissioner of…

Nilkamal Ltd., Mumbai vs. Asstt. CIT Central Cir-1(2), Mumbai

The appeal of the assessee is allowed in terms of our aforesaid observations

ITA 2001/MUM/2020[2016-17]Status: DisposedITAT Mumbai08 Oct 2021AY 2016-17

Bench: Shri Pramod Kumar () & Shri Ravish Sood () Nilkamal Limited Acit, Cc-1(2) 77/78, Nilkamal House, Vs. Pratishtha Bhavan, Road No. 13, Midc, Old Cgo, Annexe, Andheri (East), M.K. Marg, Mumbai – 400 093 Mumbai – 400 020 Pan No. Aaacn2329N (Assessee) (Revenue) Assessee By : Shri Vipul Joshi, A.R Revenue By : Shri Kprr Murty, D.R Date Of Hearing : 06/10/2021 Date Of Pronouncement : 08/10/2021

For Appellant: Shri Vipul Joshi, A.RFor Respondent: Shri KPRR Murty, D.R
Section 143(1)Section 143(2)Section 143(3)Section 14A

…ITR 521 (SC) held that when no ambiguity is present in the provisions of the statute, the provisions cannot be interpreted to confer benefit on the assessee. Moreover, the decision of jurisdictional High Court in the case of Godrej & Boyce Mfg Co Ltd vs DCIT (234 CTR 1), is clearly applicable to the case of the assessee. Further reliance is placed on the decision in the case of Daga Capital Mgmt Pvt. Ltd. vs DCIT (2009) 312 ITR I (Spl. Bench) wherein the constitutional validity of subsection (2) and (3) of section 14A has been upheld. 4.7. In view of the above, the submission of the assessee that no expenditure h…

Pnnj Industries P.Ltd, Navi Mumbai vs. ITO, W-15(2)(4), Mumbai

In the result, assessee’s appeal is allowed in terms indicated above

ITA 1131/MUM/2019[2013-14]Status: DisposedITAT Mumbai27 Jul 2021AY 2013-14

Bench: Shri Mahavir Singh & Shri S. Rifaur Rahman

For Appellant: Shri Narayan AtalFor Respondent: Ms. Shreekala Pardeshi
Section 10(34)Section 143(3)Section 14A

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER ITA no.1131/Mum./2019 (Assessment Year : 2013–14) ITA no.1132/Mum./2019 (Assessment Year : 2013–14) M/s. PN NJ Industries Pvt. Ltd. Plot no.A–470/ITC Industrial Area MICA Mahape, P.O. Ghansoli ……………. Appellant Navi Mumbai 400 701 PAN – AACCS1519B v/s Income Tax Officer ……………. Respondent Ward–15(2)(4), Mumbai Assessee by : Shri Narayan Atal Revenue by : Ms. Shreekala Pardeshi Date of Hearing – 12.07.2021 Date of Order – 27.07.2021 O R D E R PER S. RIFAUR RAHMAN, A.M. T…

DCIT, New Delhi vs. M/S. Central Warehousing Corp., New Delhi

In the result, all the appeals filed by the Revenue, i

ITA 5784/DEL/2014[2010-11]Status: DisposedITAT Delhi31 May 2021AY 2010-11

Bench: Shri O.P. Kant, Accountantmember & Shri K.N. Chary[Through Video Conferencing]

Section 139(5)Section 143(1)Section 36

…has been restored by the ITAT to the file of the Assessing officer observing as under: “6. We have heard both the counsel and perused the records. We find that Hon'ble Mumbai High Court in the case of Godrej Boyce Mfg. Co. Ltd. vs. DOT in ITA No. 626 of 2010 234 CTR 1 has overruled the STAT decision of Daga Capital Management (Supra) and held that Rule 8D has been notified on 24.3.2008 and will be applicable only from Assessment year 2008-09. 6.1 Front the above, we find that Rule 8D would not be applicable. However, the Hon'ble Mumbai High Court has held that the reasonable disaflowance has to be made. Hence, w…

DCIT, New Delhi vs. M/S. Central Warehousing Corp., New Delhi

In the result, all the appeals filed by the Revenue, i

ITA 3440/DEL/2014[2008-09]Status: DisposedITAT Delhi31 May 2021AY 2008-09

Bench: Shri O.P. Kant, Accountantmember & Shri K.N. Chary[Through Video Conferencing]

Section 139(5)Section 143(1)Section 36

…has been restored by the ITAT to the file of the Assessing officer observing as under: “6. We have heard both the counsel and perused the records. We find that Hon'ble Mumbai High Court in the case of Godrej Boyce Mfg. Co. Ltd. vs. DOT in ITA No. 626 of 2010 234 CTR 1 has overruled the STAT decision of Daga Capital Management (Supra) and held that Rule 8D has been notified on 24.3.2008 and will be applicable only from Assessment year 2008-09. 6.1 Front the above, we find that Rule 8D would not be applicable. However, the Hon'ble Mumbai High Court has held that the reasonable disaflowance has to be made. Hence, w…

DCIT, New Delhi vs. M/S. Central Warehousing Corp., New Delhi

In the result, all the appeals filed by the Revenue, i

ITA 3439/DEL/2014[2007-08]Status: DisposedITAT Delhi31 May 2021AY 2007-08

Bench: Shri O.P. Kant, Accountantmember & Shri K.N. Chary[Through Video Conferencing]

Section 139(5)Section 143(1)Section 36

…has been restored by the ITAT to the file of the Assessing officer observing as under: “6. We have heard both the counsel and perused the records. We find that Hon'ble Mumbai High Court in the case of Godrej Boyce Mfg. Co. Ltd. vs. DOT in ITA No. 626 of 2010 234 CTR 1 has overruled the STAT decision of Daga Capital Management (Supra) and held that Rule 8D has been notified on 24.3.2008 and will be applicable only from Assessment year 2008-09. 6.1 Front the above, we find that Rule 8D would not be applicable. However, the Hon'ble Mumbai High Court has held that the reasonable disaflowance has to be made. Hence, w…

M/S. Central Warehousing Corporation, New Delhi vs. DCIT, New Delhi

In the result, all the appeals filed by the Revenue, i

ITA 2201/DEL/2014[2009-10]Status: DisposedITAT Delhi31 May 2021AY 2009-10

Bench: Shri O.P. Kant, Accountantmember & Shri K.N. Chary[Through Video Conferencing]

Section 139(5)Section 143(1)Section 36

…has been restored by the ITAT to the file of the Assessing officer observing as under: “6. We have heard both the counsel and perused the records. We find that Hon'ble Mumbai High Court in the case of Godrej Boyce Mfg. Co. Ltd. vs. DOT in ITA No. 626 of 2010 234 CTR 1 has overruled the STAT decision of Daga Capital Management (Supra) and held that Rule 8D has been notified on 24.3.2008 and will be applicable only from Assessment year 2008-09. 6.1 Front the above, we find that Rule 8D would not be applicable. However, the Hon'ble Mumbai High Court has held that the reasonable disaflowance has to be made. Hence, w…