ITO v. Suresh Chand Jain

DCIT, New Delhi vs. M/S. Opg Securities Pvt. Ltd., New Delhi

In the result, the appeal filed by the Revenue stands dismissed

Bench: Shri H.S. Sidhu

…5. I have perused the order of the Hon'ble Delhi High Court. The court had observed as under: "10. Aggrieved by this order, the Revenue/Department filed an appeal before ITAT who relied on the order passed by ITAT Mumbai Bench in case of ITO vs. Suresh Chand 100 ITD 435 and another In case of K Holding Co. (P) Ltd vs. DCIT 32 SOT 586 wherein it had been 3 held that SEBI turnover fee, being a statutory liability was allowable u/s 43B of the Act. Accordingly, in the present case ITAT held that same as payment as ‘fee’ is filing u/s 43B in the year under consideration as payment was made during the year. 11. The I…

Commissioner Income Tax vs. BLB Ltd

…,95,27,704/-, and not only of ` 2,76,81,059/- as calculated by the assessing officer. 10. Aggrieved by this order, the Revenue/Department filed an appeal before ITAT who relied on the order passed by ITAT Mumbai Bench in case of ITO vs. Suresh Chand Jain 100 ITD 435 and another in case of K. Holding Co. (P) Ltd. vs. DCIT 32 SOT 586 wherein it had been held that SEBI turnover fee, being a statutory liability was allowable under Section 43B of the Act. Accordingly, in the present case ITAT held that same as 2010:DHC:5880-DB ITA No.1878/2010 Page 6 of 14 „fee;‟ is falling under Sect…

CIT vs. Blb Ltd

…,95,27,704/-, and not only of ` 2,76,81,059/- as calculated by the assessing officer. 10. Aggrieved by this order, the Revenue/Department filed an appeal before ITAT who relied on the order passed by ITAT Mumbai Bench in case of ITO vs. Suresh Chand Jain 100 ITD 435 and another in case of K. Holding Co. (P) Ltd. vs. DCIT 32 SOT 586 wherein it had been held that SEBI turnover fee, being a statutory liability was allowable under Section 43B of the Act. Accordingly, in the present case ITAT held that same as 2010:DHC:5880-DB ITA No.1878/2010 Page 6 of 14 „fee;‟ is falling under Sect…