Hindustan Petroleum Corporation Ltd. v. DCIT (328 ITR 534)

SHREE CEMENT LIMITED,BANGUR NAGAR vs. ACIT, CENTRAL CIRCLE, AJMER

In the result, the appeal of the assessee - appellant in ITA No

ITA 1517/JPR/2024[2019-2020]Status: DisposedITAT Jaipur24 Jun 2025AY 2019-2020

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Shri Dilip B. Desai, FCAFor Respondent: Shri Arvind Kumar, CIT-DR

Section 115JSection 143(1)Section 254Section 36(1)(va)Section 80Section 801A

…. 80IA (1). SLP filed against the aforesaid decision has since been dismissed by Apex Court in CIT vs. Thiagarajar Mills Ltd. (CC 2717- 2719/2011) (SC) dated 21-02- 2011. Further, Hon. Bombay High Court in Hindustan Petroleum Corporation Ltd. vs. DCIT [(2010) 328 ITR 534 (Bom – HC)], has observed that the savings in consumption of Low Sulphur Heavy Stock (LSHS) as fuel due to the use of steam generated as a by-product in the generation of electricity is allowable for deduction u/s 80- IA. Thus, aforesaid judgments show that courts have also 102recognized the concept of savings approach based on which profitabilit…

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

In the result, the appeal of the Revenue in ITA No

ITA 500/JPR/2023[215-16]Status: DisposedITAT Jaipur21 Feb 2024

Bench: or at the time of hearing of this appeal.

For Appellant: Sh. Dilip B Desai(C.A.)For Respondent: Sh. Alka Gautam (CIT) (V.H) &

Section 115JSection 143Section 143(3)Section 144BSection 144B(1)(xvi)Section 80Section 80I

…. 80IA (1). SLP filed against the aforesaid decision has since been dismissed by Apex Court in CIT vs. Thiagarajar Mills Ltd. (CC 2717- 2719/2011) (SC) dated 21-02- 2011. Further, Hon. Bombay High Court in Hindustan Petroleum Corporation Ltd. vs. DCIT [(2010) 328 ITR 534 (Bom – HC)], has observed that the savings in consumption of Low Sulphur Heavy Stock (LSHS) as fuel due to the use of steam generated as a by-product in the generation of electricity is allowable for deduction u/s 80- IA. Thus, aforesaid judgments show that courts have also 102recognized the concept of savings approach based on which profitabilit…

SHREE CEMENT LIMITED,BEAWAR vs. NATIONAL FACELESS ASSESSMENT CENTRE, DEPUTY COMMISSIONEROF INCOME TAX, CIRCLE -2, AJMER, AJMER

In the result, the appeal of the Revenue in ITA No

ITA 496/JPR/2023[2016-17]Status: DisposedITAT Jaipur21 Feb 2024AY 2016-17

Bench: or at the time of hearing of this appeal.

For Appellant: Sh. Dilip B Desai(C.A.)For Respondent: Sh. Alka Gautam (CIT) (V.H) &

Section 115JSection 143Section 143(3)Section 144BSection 144B(1)(xvi)Section 80Section 80I

…. 80IA (1). SLP filed against the aforesaid decision has since been dismissed by Apex Court in CIT vs. Thiagarajar Mills Ltd. (CC 2717- 2719/2011) (SC) dated 21-02- 2011. Further, Hon. Bombay High Court in Hindustan Petroleum Corporation Ltd. vs. DCIT [(2010) 328 ITR 534 (Bom – HC)], has observed that the savings in consumption of Low Sulphur Heavy Stock (LSHS) as fuel due to the use of steam generated as a by-product in the generation of electricity is allowable for deduction u/s 80- IA. Thus, aforesaid judgments show that courts have also 102recognized the concept of savings approach based on which profitabilit…

ACIT-1(1)(1), MUMBAI vs. M/S. HINDUSTAN PETROLEUM CORPORATION LTD,, MUMBAI

In the result, appeal filed by the revenue is dismissed

ITA 1995/MUM/2023[2004-05]Status: DisposedITAT Mumbai07 Feb 2024AY 2004-05

Bench: Shri Aby T Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Section 80I

…asons for reopening the assessment on this ground are unsustainable and even on merits ought to be allowed to the Assessee. 7.7 The Assessee relies on the Bombay High Court in its own case for AY 2002-03 in Hindustan Petroleum Corporation Limited v. DM (2010) 328 ITR 534 where a deduction under section 80-IA on the generation of electricity by a captive power plant amounting to Rs. 86.37 lakhs had been allowed which was computed on the basis of savings in low sulphur heavy stock (LSHS) due to use of steam generated as a byproduct in the generation of electricity which was quantified at Rs. 29.95 crores. The AO so…

ACIT-1(1)(1), MUMBAI vs. M/S. HINDUSTAN PETROLEUM CORPORATION LTD, , MUMBAI

In the result, appeal filed by the revenue is dismissed

ITA 1994/MUM/2023[2003-04]Status: DisposedITAT Mumbai07 Feb 2024AY 2003-04

Bench: Shri Aby T Varkey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Section 80I

…asons for reopening the assessment on this ground are unsustainable and even on merits ought to be allowed to the Assessee. 7.7 The Assessee relies on the Bombay High Court in its own case for AY 2002-03 in Hindustan Petroleum Corporation Limited v. DM (2010) 328 ITR 534 where a deduction under section 80-IA on the generation of electricity by a captive power plant amounting to Rs. 86.37 lakhs had been allowed which was computed on the basis of savings in low sulphur heavy stock (LSHS) due to use of steam generated as a byproduct in the generation of electricity which was quantified at Rs. 29.95 crores. The AO so…

SHREE CEMENT LIMITED,BEAWAR vs. DEPUTY COMMISSIONER OF INCOME TAX, AJMER

In the result, this appeal of the assessee is partly allowed and appeal of the Revenue is dismissed

ITA 152/JPR/2023[2014-15]Status: DisposedITAT Jaipur07 Aug 2023AY 2014-15

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Vijay Shah, CAFor Respondent: Shri Arvind Kumar, CIT

Section 115JSection 250Section 32(1)(ii)Section 80Section 80I

…. 80IA (1). SLP filed against the aforesaid decision has since been dismissed by Apex Court in CIT vs. Thiagarajar Mills Ltd. (CC 2717- 2719/2011) (SC) dated 21-02- 2011. Further, Hon. Bombay High Court in Hindustan Petroleum Corporation Ltd. vs. DCIT [(2010) 328 ITR 534 (Bom – HC)], has observed that the savings in consumption of Low Sulphur Heavy Stock (LSHS) as fuel due to the use of steam generated as a by-product in the generation of electricity is allowable for deduction u/s 80-IA. Thus, aforesaid judgments show that courts have also 99recognized the concept of savings approach based on which profitability…

ITO 8(1)(4), MUMBAI vs. SENTIA DEVELOPERS LTD, MUMBAI

In the result, appeal filed by the Revenue is dismissed

ITA 2661/MUM/2017[2010-11]Status: DisposedITAT Mumbai06 Jan 2023AY 2010-11

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2009-10

For Appellant: Shri K. Gopal, Adv./Om KandalkarFor Respondent: Shri Byomakesh Pradipta Kumar

Section 143(3)Section 148Section 28

…n Lever Ltd. (2004) 267 ITR 161 (Bom) • Prashant Project Ltd. vs. Asst. CIT (2011) 333 ITR 368 (Bom) Project Ltd. vs. Asst. CIT (2011) 333 ITR 368 (Bom) Hindustan Petroleum Corporation Ltd. vs. Dy. CIT • Hindustan Petroleum Corporation Ltd. vs. Dy. CIT (2010) 328 ITR 534 (Bom) • (2010) 328 ITR 534 (Bom) • Nihilent Technologies (P) Ltd v Dy CIT (2011) 59 DTR 281 (Bom) Nihilent Technologies (P) Ltd v Dy CIT (2011) 59 DTR 281 (Bom) Shriram Foundry Ltd v. Dy.CIT (2012) 250 CTR 116 (Bom.) • Shriram Foundry Ltd v. Dy.CIT (2012) 250 CTR 116 (Bom.) Monitor India(P) Ltd v. UOI ( 2012) 68 DTR 313 (Bom) • Monitor India(P) L…

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 8,, PUNE vs. M/S. ALFA LAVAL INDIA LTD,, PUNE

In the result, appeal of the Revenue is dismissed

ITA 2173/PUN/2017[2003-04]Status: DisposedITAT Pune15 Mar 2022AY 2003-04

Bench: Shri Partha Sarathi Chaudhury, Jm & Dr. Dipak P. Ripote, Am आयकरअपीलसं. / Ita No.2173/Pun/2017 िनधा"रण वष" / Assessment Year : 2003-04 The Dy.Cit, .......अपीलाथ" /Appellant Circle-8, Pune. बनाम / V/S. M/S.Alfa Laval India Ltd., S.No.2221 A, Mumbai – Pune Road, Dapodi, Near Kasarwadi, Pune – 411 012. ……""यथ" / Respondent Pan: Aaaca 5899 A Revenue By : Shri S.P.Walimbe - Dr Assessee By : Shri Nikhil S Pathak - Ar सुनवाई क" तारीख / Date Of Hearing : 10.03.2022 घोषणा क" तारीख / Date Of Pronouncement : 15.03.2022 आदेश / Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Revenue Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-6, Pune Dated 01.05.2017 For The Assessment Year 2003-04. The Revenue Raised The Following Grounds Of Appeal: “1. Whether On The Facts & In The Circumstances Of The Case & In Law The Ld.Cit(A) Is Correct In Holding The Reopening Of Assessment U/S.147 As Bad In Law? 2. Whether On The Facts & In The Circumstances Of The Case & In Law The Ld.Cit(A) Is Justified In Not Appreciating That The Mistake In The Original Assessment Due To Erroneous Construction Or Due To Non-Consideration Of The Conditions Required To Be Eligible For Claiming Deduction U/S

For Appellant: Shri Nikhil S Pathak - ARFor Respondent: Shri S.P.Walimbe - DR

Section 143(1)Section 143(3)Section 147Section 148Section 80H

…ai Brothers Ltd Vs. ANR [2005] 272 ITR 335 (Bom). d. Hindustan Lever Ltd Vs. R.B.Wadkar, ACIT [2004] 268 ITR 332 (Bom) e. Mangalore Refinery & Petrochemicals Ltd Vs. ACIT & ORS [2006] 282 ITR 516 (Bom) f. Industan Petroleum Corporation Ltd Vs.DCIT& ANR [2010] 328 ITR 534 (Bom) g. Prashant Project Ltd Vs. ACIT & ORS [2011] 333 UTR 368 (Bom) h. Titanor Components Ltd Vs. ACIT & ORS [2012] 343 ITR 0183 (Bom). 5.1.1 The appellant also relied on the decision of Pune Tribunal in the appellant’s own case for A.Y. 2004-05 on identical facts where it was held that the issuance of notice u/s 147 and 148 is bad in law.” IT…

M/S BHARTIYA SAMRUDDHI FINANCE LTD.,,NEW DELHI vs. DCIT, NEW DELHI

In the result, appeal of the Assessee is allowed

ITA 6022/DEL/2016[2007-08]Status: DisposedITAT Delhi10 Nov 2021AY 2007-08

Bench: Shri R.K. Panda & Shri Mahavir Prasad

For Appellant: Shri KVSR. Krishna, C.AFor Respondent: Shri Sanjay Tripathi, Sr. DR

Section 143(3)Section 147Section 148

…(HC). 7. Haryana Acrylic Manufacturing Co. vs. CIT (2009) 308 ITR 38 (Delhi). 8. CIT vs. Purolator India Ltd. [2012] 343 ITR 155 (Del) (HC). 9. BLB Limited vs. ACIT [2012] 343 ITR 129 (Del) (HC). 10. Hindustan Petroleum Corporation Ltd. v. Dy. CIT (2010) 328 ITR 534 (Bom) (HC). 11. Voltas Ltd. v. Assistant Commissioner of Income-tax [2012] 349 ITR 656 (Bom) (HC). 12 ITA.No.6022/Del./2016 M/s. Bhartiya Samruddhi Finance Ltd., New Delhi. 12.Rose Serviced Apartments Pvt. Ltd. v. Deputy Commissioner of Income-tax [2012] 348 ITR 452 (Del) (HC). 13. Mihir Textiles Ltd. v. Joint Commissioner of Income-tax [2012]…

SUNIL GAVASKAR,MUMBAI vs. ITO (IT) 3(1), MUMBAI

The appeals are partly allowed

ITA 3970/MUM/2010[2001-02]Status: DisposedITAT Mumbai16 Mar 2016AY 2001-02

Bench: Shri Saktijit Dey & Shri Ashwani Taneja

For Appellant: Shri D.V. LakhaniFor Respondent: Shri Nitin Waghmade

Section 143(3)Section 147Section 148Section 234BSection 80RSection 8O

…e basis of umpteen numbers of judgments from Hon'ble Jurisdictional High Court and various other Courts of the Country. For ready reference, we shall rely upon a judgment of Hon’ble Bombay High Court in the case of Hindustan Petroleum Corporation Ltd. v. DCIT 328 ITR 534 (Bom) and MAPS Enzyms Ltd. v. DCIT 41 taxmann.com 527 (Guj) wherein it was held that if the assessee had made disclosure of all material facts relating to its claim for the deductions in the return which were allowed by the AO, during the course of original assessment proceedings, then, reopening u/s 147 sought to be done beyond the period of 4 y…

Hindustan Petroleum Corporation Ltd. v. DCIT

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