India Comnet International v. Income Tax Officer

354 ITR 673Supreme Court of India2013#9020 most cited

What is India Comnet International v. Income Tax Officer authority for?

Income by way of interest from an eligible undertaking under Section 10A cannot be considered part of profits and gains derived from the undertaking unless a close nexus between the interest income and the undertaking's activities is established.

12

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2015 to 2025.

Also referred to as

India Comnet International · ITO · 2013 · SC · Section 10A · nexus · eligible undertaking · interest income · profits and gains · business income

Sections most often in play

Section 10ASection 10AASection 115JBSection 143(1)Section 145Section 43BSection 45Q

Issues it is cited on

free trade zonesection 80hhsection 10agross total incomesection 36section 10income from other sourcessection 80previous yearsection 13section 143company

Judgments citing India Comnet International v. Income Tax Officer

Springer Nature Technology and Publishing Solutions Private Limited, Pune vs. The Assistant Commissioner of Income Tax, Circle-1(1), Pune

The appeal of the Assessee is Partly Allowed for

ITA 418/PUN/2023[2017-18]Status: DisposedITAT Pune10 Feb 2025AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपीलसं. / Ita No.418/Pun/2023 निर्धारणवर्ष / Assessment Year: 2017-18 Springer Nature Technology & Publishing Solutions Pvt. Ltd., Upper Ground Tower 8, Magarpatta City, Pune-411013. Pan: Aaccc8853E Appellant/ Assessee V The Assistant S Commissioner Of Income Tax, Circle-1(1), Pune. Respondent / Revenue Assessee By Shri Vishal Kalra – Ar Revenue By Shri Keyur Patel, Irs –Cit(Dr) Date Of Hearing 19/12/2024 Date Of Pronouncement | 10/02/2025 आदेश / Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals) [Nfac] For

Section 10ASection 143(3)Section 250

…Hewlett Packard Global Soft Ltd., [2018] 403 ITR 453. 2.1 In the rebuttal to submission of Ld.Departmental Representative, ld.AR submitted that ld.DR's reliance on the decision of Hon'ble Supreme Court in the case of India Comnet International Vs. ITO [2013] 354 ITR 673 is misplaced as Hon'ble Supreme Court merely set-aside the issue to the ITAT. Thus, Hon'ble Supreme Court has not laid down any Law on the issue. 2.2 Ld.Authorised Representative(ld.AR) submissions is as under : “1. Springer Nature Technology and Publishing Solutions Private Limited ('Appellant') is a company engaged in providing IT enabled and c…

Excelra Knowledge Solutions Private Limited, Hyderabad vs. DCIT, Circle-8(1), Hyderabad

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

ITA 202/HYD/2023[2020-21]Status: DisposedITAT Hyderabad23 Jan 2025AY 2020-21

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.202/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2020-21) Excelra Knowledge Vs. Dy. Cit Solutions (P) Ltd, Circle 8(1) Hyderabad Hyderabad Pan:Aafcg5715Q (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri H. Srinivasulu, Advocate राज" व "ारा/Revenue By:: Shri Kumar Pranav, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 25/11/2024 घोषणा की तारीख/Pronouncement: 23/01/2025 आदेश/Order Per Vijay Pal Raothis Appeal Filed By The Assessee Is Directed Against The Order Dated10/02/2023 Of The Learned Cit (A)-Nfac Delhi, Relating To A.Y.2020-21. 2. The Assessee Has Raised The Following Grounds:

For Appellant: Shri H. Srinivasulu, AdvocateFor Respondent: : Shri Kumar Pranav, CIT(DR)
Section 10ASection 143(1)Section 438Section 43B

…ITA No 202 of 2023 Excelra Knowledge Solutions P Ltd आयकर अपील"य अ"धकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ B ‘ Bench, Hyderabad Before Shri Vijay Pal Rao, Vice-President A N D Shri Madhusudan Sawdia, Accountant Member आ.अपी.सं /ITA No.202/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2020-21) Excelra Knowledge Vs. Dy. CIT Solutions (P) Ltd, Circle 8(1) Hyderabad Hyderabad PAN:AAFCG5715Q (Appellant) (Respondent) िनधा""रती "ारा/Assessee by: Shri H. Srinivasulu, Advocate राज" व "ारा/Revenue by:: Shri Kumar Pranav, CIT(DR) सुनवाई की तारीख/Date of hearing: 25/11/2024 घोषणा की तारीख/Pronounce…

DCIT (Ltu), New Delhi vs. M/S. Gail (India) Ltd., New Delhi

Appeal is dismissed

ITA 4642/DEL/2013[1996-97]Status: DisposedITAT Delhi26 Oct 2020AY 1996-97

Bench: Sh. R. K. Panda & Ms Suchitra Kamble

Section 80HSection 80I

…(2009) 317 ITR 218 (SC) ii. CIT vs. Ritesh Industries Ltd. (2005) 142 Taxman 551 (Del.) iii. CIT vs. Sterling Foods (1999) 104 Taxman 204 (SC) iv. Cambay Electrical Supply In. Co. Ltd. vs. CIT 113 ITR 673 (SC) v. India Commet International vs. ITO (2013) 354 ITR 673 (SC) vi. CIT vs. Menon Impex (P.) Ltd. 259 ITR 403 (Madras) vii. CIT vs. Nagesh Knitware Ltd. (2012) 345 ITR 135 (Del.) viii. Essar Power Ltd. vs. Addl. CIT (2013) 32 taxmann.com 346 (Mum. Tri.) 17. As regards to Interest on employee loans and advances, the Ld. DR submitted that the first degree of source of interest income is from loans given…

Gail (India) Ltd., New Delhi vs. DCIT-Ltu Delhi, New Delhi

Appeal is dismissed

ITA 4454/DEL/2013[1996-97]Status: DisposedITAT Delhi26 Oct 2020AY 1996-97

Bench: Sh. R. K. Panda & Ms Suchitra Kamble

Section 80HSection 80I

…(2009) 317 ITR 218 (SC) ii. CIT vs. Ritesh Industries Ltd. (2005) 142 Taxman 551 (Del.) iii. CIT vs. Sterling Foods (1999) 104 Taxman 204 (SC) iv. Cambay Electrical Supply In. Co. Ltd. vs. CIT 113 ITR 673 (SC) v. India Commet International vs. ITO (2013) 354 ITR 673 (SC) vi. CIT vs. Menon Impex (P.) Ltd. 259 ITR 403 (Madras) vii. CIT vs. Nagesh Knitware Ltd. (2012) 345 ITR 135 (Del.) viii. Essar Power Ltd. vs. Addl. CIT (2013) 32 taxmann.com 346 (Mum. Tri.) 17. As regards to Interest on employee loans and advances, the Ld. DR submitted that the first degree of source of interest income is from loans given…

Pragati Aroma Oil Distillers (P) Ltd, Mumbai vs. DCIT 4(3), Mumbai

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

ITA 923/MUM/2016[2011-12]Status: DisposedITAT Mumbai04 Apr 2018AY 2011-12

Bench: Shri Mahavir Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.923/Mum/2016 (नििाारण वर्ा / Assessment Year: 2011-12) बिाम/ Pragati Aroma Oil Distillers Dcit 4(3) (P) Ltd., 206 Anand Bhavan, R.No. 649, 6 T H Floor, 17 Babugenu Road, Aaykar Bhavan, V. Princess Street, M K Road, Marine Lines, Mumbai-400020 Mumbai 400002 स्थायी ऱेखा सं./ Pan : Aaacp2213P (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri. Mahaveer JainFor Respondent: Shri. Rajat Mittal
Section 10Section 10BSection 143(3)Section 14ASection 80I

…23/Mum/2016 I.T.A. No.319/Mum/2016 assessee on which deduction u/s 10B is available which requires examination of the facts , hence keeping in view ratio of decision of Hon‟ble Supreme Court in the case of India Comnet International v. ITO reported in (2013) 354 ITR 673 (SC), the matter is set aside to the file of the AO for examination/verification of direct nexus between income from interest as well miscellaneous income and income derived from exports business by 100% export oriented eligible undertaking of the assessee to see whether the said income can fall within the ambit of being derived from export busin…

Sahana Jewellery Exports Private Limited, Coimbatore vs. DCIT Corporate Circle 1, Coimbatore

In the result, the appeal of the assessee stands dismissed

ITA 1814/CHNY/2017[2013-14]Status: DisposedITAT Chennai16 Feb 2018AY 2013-14

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddy] आयकर अपील सं./I.T.A. No.1814/Chny/2017 "नधा"रण वष" /Assessment Year : 2013-2014. M/S. Sahana Jewellery Exports Vs. The Deputy Commissioner Of Private Limited, Income Tax, 600, Raja Street, Corporate Circle 1, Coimbatore 641 001. Coimbatore. [Pan Aaecs 7045N] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Respondent: Shri. R.U. Aroon Prasad, IRS, JCIT
Section 10A

…h Court in the case of Menon Impex P. Ltd (supra). We also find that judgment of Hon’ble Jurisdictional High Court in the case of Menon Impex P. Ltd (supra) was by necessary implication confirmed by Hon’ble Apex Court in India Comnet International vs. ITO, 354 ITR 673. We thus do not find ITA No.1814 /2017 :- 7 -: any reason to interfere with the orders of the ld. lower authorities. In the result, the appeal of the assessee stands dismissed. 7. Order pronounced in the open court at the time of hearing on Tuesday, the 13th day of February, 2018, at Chennai. (धु"वु" आर.एल रे"डी) (अ"ाहम पी. जॉज") (DUVVURU…

M/S Thomson Press (India) Ltd vs. Commissioner of Income Tax- II

ITA - 124 / 2003HC Delhi09 Oct 2015
For Appellant: Mr SalilAggarwal, Mr Ravi Pratap Mall andFor Respondent: Mr Rohit Madan, Senior Standing counsel with
Section 10ASection 260ASection 263Section 80H

…Assessee from the eligible undertaking as there was no nexus between the interest claimed to be earned and activities of the eligible undertaking. He referred to the decision of the Supreme Court in India Comnet International v. Income Tax Officer: (2013) 354 ITR 673 (SC) in support of this contention that unless a close nexus with the income by way of interest of the undertaking was established, the same could not be considered as a part of profit and gains derived by the Assessee from the eligible undertaking. 21. Mr Aggarwal in his rejoinder submitted that in the present case no other view was plaus…

M/S Thomson Press (India) Ltd vs. Commissioner of Income Tax -II

ITA - 83 / 2003HC Delhi09 Oct 2015
For Appellant: Mr SalilAggarwal, Mr Ravi Pratap Mall andFor Respondent: Mr Rohit Madan, Senior Standing counsel with
Section 10ASection 260ASection 263Section 80H

…Assessee from the eligible undertaking as there was no nexus between the interest claimed to be earned and activities of the eligible undertaking. He referred to the decision of the Supreme Court in India Comnet International v. Income Tax Officer: (2013) 354 ITR 673 (SC) in support of this contention that unless a close nexus with the income by way of interest of the undertaking was established, the same could not be considered as a part of profit and gains derived by the Assessee from the eligible undertaking. 21. Mr Aggarwal in his rejoinder submitted that in the present case no other view was plaus…

Thomson Press (India) Ltd vs. Commissioner of Income Tax-II

ITA/83/2003HC Delhi09 Oct 2015
For Appellant: Mr SalilAggarwal, Mr Ravi Pratap Mall andFor Respondent: Mr Rohit Madan, Senior Standing counsel with
Section 10ASection 260ASection 263Section 80H

…Assessee from the eligible undertaking as there was no nexus between the interest claimed to be earned and activities of the eligible undertaking. He referred to the decision of the Supreme Court in India Comnet International v. Income Tax Officer: (2013) 354 ITR 673 (SC) in support of this contention that unless a close nexus with the income by way of interest of the undertaking was established, the same could not be considered as a part of profit and gains derived by the Assessee from the eligible undertaking. 21. Mr Aggarwal in his rejoinder submitted that in the present case no other view was plaus…

Thomson Press (India) Ltd vs. Commissioner of Income Tax-II

ITA/124/2003HC Delhi09 Oct 2015
For Appellant: Mr SalilAggarwal, Mr Ravi Pratap Mall andFor Respondent: Mr Rohit Madan, Senior Standing counsel with
Section 10ASection 260ASection 263Section 80H

…Assessee from the eligible undertaking as there was no nexus between the interest claimed to be earned and activities of the eligible undertaking. He referred to the decision of the Supreme Court in India Comnet International v. Income Tax Officer: (2013) 354 ITR 673 (SC) in support of this contention that unless a close nexus with the income by way of interest of the undertaking was established, the same could not be considered as a part of profit and gains derived by the Assessee from the eligible undertaking. 21. Mr Aggarwal in his rejoinder submitted that in the present case no other view was plaus…

Thomson Press (India) Ltd vs. Commissioner of Income Tax-II

ITA-124/2003HC Delhi09 Oct 2015
For Appellant: Mr SalilAggarwal, Mr Ravi Pratap Mall andFor Respondent: Mr Rohit Madan, Senior Standing counsel with
Section 10ASection 260ASection 263Section 80H

…Assessee from the eligible undertaking as there was no nexus between the interest claimed to be earned and activities of the eligible undertaking. He referred to the decision of the Supreme Court in India Comnet International v. Income Tax Officer: (2013) 354 ITR 673 (SC) in support of this contention that unless a close nexus with the income by way of interest of the undertaking was established, the same could not be considered as a part of profit and gains derived by the Assessee from the eligible undertaking. 21. Mr Aggarwal in his rejoinder submitted that in the present case no other view was plaus…

Thomson Press (India) Ltd vs. Commissioner of Income Tax-II

ITA-83/2003HC Delhi09 Oct 2015
For Appellant: Mr SalilAggarwal, Mr Ravi Pratap Mall andFor Respondent: Mr Rohit Madan, Senior Standing counsel with
Section 10ASection 260ASection 263Section 80H

…Assessee from the eligible undertaking as there was no nexus between the interest claimed to be earned and activities of the eligible undertaking. He referred to the decision of the Supreme Court in India Comnet International v. Income Tax Officer: (2013) 354 ITR 673 (SC) in support of this contention that unless a close nexus with the income by way of interest of the undertaking was established, the same could not be considered as a part of profit and gains derived by the Assessee from the eligible undertaking. 21. Mr Aggarwal in his rejoinder submitted that in the present case no other view was plaus…

India Comnet International v. Income Tax Officer (354 ITR 673) — Cited in 12 Judgments | BharatTax