Jaipuria Samla Amalgamated Collieries Ltd. v. CIT

82 ITR 580Supreme Court of India1971#4237 most cited

What is Jaipuria Samla Amalgamated Collieries Ltd. v. CIT authority for?

The expression 'profits or gains of any business or profession' refers only to profits and gains determined under Section 29 of the Income-tax Act. Taxes levied upon profits calculated in a manner other than that provided by Section 29 cannot be disallowed under Section 40(a)(ii).

28

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2020 to 2026.

Also referred to as

Jaipuria Samla Amalgamated Collieries Ltd v CIT · 82 ITR 580 · section 40(a)(ii) · business income · profits and gains of business or profession · section 29 · allowable expense · education cess · tax

Sections most often in play

Section 115JBSection 143(3)Section 155(18)Section 250Section 270ASection 37(1)Section 40(a)(ii)

Issues it is cited on

section 10(4)section 40(a)(ii)comparable companiessection 30profits and gains of business or professionsection 40(a)transfer pricing adjustmentassociated enterprisesection 29international transactionsection 234bsection 40

Judgments citing Jaipuria Samla Amalgamated Collieries Ltd. v. CIT

CAPGEMINI TECHNOLOGY SERVICES INDIA LIMITED (SUCCESSOR TO LIQUIDHUB INDIA PRIVATE LIMITED),PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE, PUNE

In the result, the Appeal filed by the Assessee is allowed

ITA 2753/PUN/2025[2020-21]Status: DisposedITAT Pune19 Jan 2026AY 2020-21

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.2753/Pun/2025 निर्धारण वषा / Assessment Year: 2020-21 Capgemini Technology V Assessment Unit, Services India S Income Tax Limited(Successor To Liquid Department. Hub India Private Limited), Plot No.14, Rajiv Gandhi Infotech Park, Hinjewadi, Phase Iii, Midc Sez, Village Man, Taluka Mulshi, District Pune – 411057. Pan: Aaacl8943J Appellant/ Assessee Respondent /Revenue Assessee By Shri Sudin Sabnis & Shri Siddhesh Khandalkar Revenue By Shri Madhukar Anand-Jcit(Through Virtual) Date Of Hearing 05/01/2026 Date Of Pronouncement 19/01/2026 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(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2020-21 Dated 02.09.2025 Emanating From The Penalty Order Passed Under Section

Section 115JSection 143(3)Section 155Section 155(18)Section 18Section 250Section 270ASection 270A(6)(a)Section 40

…pertaining to Education Cess not being a tax and hence, the same is not required to be disallowed under section 40(a)(ii) of the IT Act, before the retrospective amendment proposed by Finance Act 2022 Jaipuria Samla Amalgamated Collieries Ltd. v. CIT (1971) 82 ITR 580 (SC) Chambal Fertilisers and Chemicals Ltd v JCIT (ITA No. 52/2018) Sesa Goa Lid v JOIT (2020) 117 taxmann.com 96 DCIT v. Bajaj Allianz General Insurance Company Ltd. (ITA) Nos 1111 and 1112/Pun/2017) 8 ITA No.2753/PUN/2025 [A] Additional cases being relied upon by the Appellant i. PCIT v. Maruti Suzuki India Ltd. [2019] 107 taxmann.com 375 (S…

WELKIN TELECOM INFRA PVT. LTD,KOLKATA vs. DCIT, CIR.11(1), KOLKATA

In the result, appeal of the assessee is partly allowed

ITA 12/KOL/2021[2014-15]Status: DisposedITAT Kolkata18 Apr 2022AY 2014-15

Bench: Shri A. T. Varkey, Jm & Shri Rjesh Kumar, Am ]

Section 143(1)Section 143(2)Section 69C

…profession" employed in section 40(a)(ii), have reference only to profits or gains as determined u/s 28/29 of the Act. Hence, on conjoint reading of the decisions of the Hon’ble Supreme Court in the cases of JaipuriaSamla Amalgamated Collieries Ltd. vs. CIT (82 ITR 580) and Bharat Commerce & Industries Ltd. v. CIT (supra), it can be safely inferred that Section 40(a)(ii) of the Act cannot bring within its ambit any tax or interest paid on any other sums apart from profits or gains earned in business. In the present case, the assessee had paid interest under Section 201(1A) on delayed payment of TDS. The said TDS…

RAMJEE CONCRETES PVT.LTD.,MOHALI vs. ITO-WARD-6(3), CHANDIGARH

The appeals are disposed of in the aforesaid terms

ITA 205/CHANDI/2021[2019-20]Status: DisposedITAT Chandigarh17 Jan 2022AY 2019-20

Bench: Shri N.K. Saini & Shri Sudhanshu Srivastavaआयकर अपील सं./ Ita No. 205/Chd/2021 "नधा"रण वष" / Assessment Year : 2019-20 Ramjee Concretes Private Limited, The Ito, बनाम #1238.Sector 91, Ward 6(3), Mohali, Punjab Chandigarh "थायी लेखा सं./Pan No: Aafcr9457E अपीलाथ"/Appellant ""यथ"/Respondent

For Appellant: Shri T.N. Singla, CAFor Respondent: Sh. Ashok Khanna, Addl. CIT
Section 143(1)Section 143(2)Section 250

…essee, including his business income. The Privy Council held that the rate was not 'assessed on the basis of profits' and was allowable as a business expense. Following this decision, the Supreme Court held in Jaipuria Samla Amalgamated Collieries Ltd Vs CIT [82 ITR 580] that the expression 'profits ITA No. 205-Chd-2021 Ramjee Concretes Private Limited, Chandigarh 17 or gains of any business or profession' has reference only to profits and gains as determined in accordance with Section 29 of this Act and that any rate or tax levied upon profits calculated in a manner other than that provided by that section cou…

CENDUIT (INDIA) SERVICES PRIVATE LIMITED,BANGALORE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), BANGALORE

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

ITA 227/BANG/2021[2016-17]Status: DisposedITAT Bangalore12 Jan 2022AY 2016-17

Bench: Shri N.V. Vasudevan & Shri Chandra Poojari

For Appellant: Shri Ketan K. Ved, CAFor Respondent: Shri Sunil Kumar Singh, CIT(DR)(ITAT), Bengaluru
Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE PRESIDENT AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER IT(TP)A No.227/Bang/2021 Assessment year : 2016-17 Cenduit (India) Services Pvt. Ltd., Vs. The Deputy Commissioner Omega Embassy TechSquare, of Income Tax, Marathahalli, Circle 2(1)(1), Sarjapur Outer Ring Road, Bangalore. Kadubeesanahalli, Bangalore – 560 103. PAN: AABCI 6552K APPELLANT RESPONDENT Appellant by : Shri Ketan K. Ved, CA Respondent by : Shri Sunil Kumar Singh, CIT(DR)(ITAT), Bengaluru. Date of hearing : 13.12.2021 Date of Pronouncement : 12.01.2022 O…

KALYANI STEELS LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

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

ITA 1403/PUN/2018[2015-16]Status: DisposedITAT Pune05 Jan 2022AY 2015-16

Bench: Shri Inturi Rama Rao() & Shri Ravish Sood () Assessment Year: 2015-16 Kalyani Steels Ltd. Dy. Commissioner Of Income-Tax, Mundhwa, Vs. Income-Tax Circle-14, Pune – 411 036 Aaykarsadan, Bodhi Tower, 548/2B, Salisbury Park, Gultekdi, Pune – 411 037. Pan No. Aaack7315D (Appellant) (Respondent)

For Appellant: Shri. Nikhil Pathak, A.RFor Respondent: Shri. M.G Jasnani, D.R
Section 115JSection 143(3)Section 14A

…sessee, including his business income. The Privy Council held that the rate was not 'assessed on the basis of profits' and was allowable as a business expense. Following this decision, the Supreme Court held in JaipuriaSamla Amalgamated Collieries Ltd Vs CIT [82 ITR 580] that the expression 'profits or gains of any business or profession' has reference only to profits and gains as determined in accordance with Section 29 of this Act and that any rate or tax levied upon profits calculated in a manner other than that provided by that section could not be disallowed under this sub-clause. Similarly, this sub-clause…

M/S. S R BATLIBOI & COMPANY LLP,KOLKATA vs. DCIT, CIRCLE - 22, KOLKATA, KOLKATA

In the result, the appeal of assessee is partly allowed

ITA 2589/KOL/2019[2016-17]Status: DisposedITAT Kolkata26 Oct 2021AY 2016-17

Bench: Hon’Ble Shri A. T. Varkey, Jm & Hon’Ble Shri Manish Borad, Am]

Section 10(4)Section 40

…including his business income. The Privy Council held that the rate was not 'assessed on the basis of profits' and was allowable as a business expense. Following this decision, the Supreme Court held in Jaipuria Samla Amalgamated Collieries Ltd. v. CIT 1971 [82 ITR 580] that the expression 'profits or gains of any business or profession' has reference only to profits and gains as determined in accordance with Section 29 of this Act and that any rate or tax levied upon profits calculated in a manner other than that provided by that section could not be disallowed under this sub-clause. Similarly, this sub-clause…

BACHHRAJ & COMPANY PVT LTD.,MUMBAI vs. ASST CIT CIRCLE- 3 (1)(1), MUMBAI

Accordingly, the appeal filed by the assessee is allowed on the same terms

ITA 7349/MUM/2019[2015-16]Status: DisposedITAT Mumbai08 Oct 2021AY 2015-16

Bench: Shri Pramod Kumar () & Shri Ravish Sood () Ita Nos.7348 & 7349/Mum/2019 (Assessment Years: 2014-15 & 2015-16) Bachhraj & Company The Assistant Commissioner Private Limited, 2Nd Floor, Vs. Of Income-Tax, Circle 3(1)(1), Bajaj Bhawan, Room No. 607, Aayakar 226, Nariman Point, Bhavan, M.K. Road, Mumbai – 400 021 Mumbai – 400 020 Pan No. Aaacb5589N (Assessee) (Revenue) Assessee By : Shri Kirit Kamdar, A.R Revenue By : Shri Kprr Murty, D.R Date Of Hearing : 04/10/2021 Date Of Pronouncement : 08/10/2021

For Appellant: Shri Kirit Kamdar, A.RFor Respondent: Shri KPRR Murty, D.R
Section 143(3)Section 14A

…essee, including his business income. The Privy Council held that the rate was not 'assessed on the basis of profits' and was allowable as a business expense. Following this decision, the Supreme Court held in Jaipuria Samla Amalgamated Collieries Ltd Vs CIT [82 ITR 580] that the expression 'profits or gains of any business or profession' has reference only to profits and gains as determined in accordance with Section 29 of this Act and that any rate or tax levied upon profits calculated in a manner other than that provided by that section could not be disallowed under this sub-clause. Similarly, this sub- clause…

BACHHRAJ & COMPANY PVT LTD.,MUMBAI vs. ASST CIT CIRCLE- 3 (1)(1), MUMBAI

Accordingly, the appeal filed by the assessee is allowed on the same terms

ITA 7348/MUM/2019[2014-15]Status: DisposedITAT Mumbai08 Oct 2021AY 2014-15

Bench: Shri Pramod Kumar () & Shri Ravish Sood () Ita Nos.7348 & 7349/Mum/2019 (Assessment Years: 2014-15 & 2015-16) Bachhraj & Company The Assistant Commissioner Private Limited, 2Nd Floor, Vs. Of Income-Tax, Circle 3(1)(1), Bajaj Bhawan, Room No. 607, Aayakar 226, Nariman Point, Bhavan, M.K. Road, Mumbai – 400 021 Mumbai – 400 020 Pan No. Aaacb5589N (Assessee) (Revenue) Assessee By : Shri Kirit Kamdar, A.R Revenue By : Shri Kprr Murty, D.R Date Of Hearing : 04/10/2021 Date Of Pronouncement : 08/10/2021

For Appellant: Shri Kirit Kamdar, A.RFor Respondent: Shri KPRR Murty, D.R
Section 143(3)Section 14A

…essee, including his business income. The Privy Council held that the rate was not 'assessed on the basis of profits' and was allowable as a business expense. Following this decision, the Supreme Court held in Jaipuria Samla Amalgamated Collieries Ltd Vs CIT [82 ITR 580] that the expression 'profits or gains of any business or profession' has reference only to profits and gains as determined in accordance with Section 29 of this Act and that any rate or tax levied upon profits calculated in a manner other than that provided by that section could not be disallowed under this sub-clause. Similarly, this sub- clause…

PERFETTI VAN MELLE INDIA PVT. LTD.,GURGAON vs. ACIT, CIRCLE-3(1), GURGAON

In the result, the additional ground raised by the assessee is allowed

ITA 463/DEL/2021[2016-17]Status: DisposedITAT Delhi22 Sept 2021AY 2016-17

Bench: The Income Tax Appellate Tribunal, Delhi Bench “I-2”, New Delhi

For Appellant: Mr. Deepak Chopra, AdvFor Respondent: Ms. Meera Shrivastava, CIT (DR)
Section 142(1)Section 143(2)Section 143(3)Section 271(1)(c)Section 80Section 80ISection 92C

…BEFORE THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH “I-2”, NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER & SH. B.R.R. KUMAR, ACCOUNTANT MEMBER I.T.A. No. 463/Del/2021 Assessment year 2016-17 Perfetti Van Melle India Pvt Ltd VS. Assistant Commissioner of 47th Milestone, Delhi Jaipur Income Tax, Highway, Circle – 3(1), Gurgaon Manesar, Gurgaon PAN : AAACP2626A (Appellant) (Respondent) Appellant by : Mr. Deepak Chopra, Adv Ms. Rashi Khanna, Adv Ms. Pratishtha Singh, Adv Department by : Ms. Meera Shrivastava, CIT (DR) Date of hearing 27 07 2021 Date of pronouncement 22 09 2021 ORDER PER AMIT SHUKLA, JM:…

ASHOK KIRTANLAL SHAH,MUMBAI vs. ADD. CIT CC-22 (1), MUMBAI

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

ITA 5842/MUM/2019[2010-11]Status: DisposedITAT Mumbai01 Sept 2021AY 2010-11

Bench: Shri M.Balalganesh () & Shri Ravish Sood () Ashok Kirtanlal Shah Addl. Cit-Range 19(1) (Presently, Addl, Circle 22(1) 401, 4Th Floor, Anand House, Vs. Piramal Chambers, Lal Baug, 13Th Road, Off. Linking Road, Mumbai 400 012 Khar West, Mumbai – 400 052

For Appellant: Shri Dharmesh Shah, A.RFor Respondent: Shri Brajendra Kumar, D.R
Section 143(1)Section 143(2)Section 143(3)Section 14A

…essee, including his business income. The Privy Council held that the rate was not 'assessed on the basis of profits' and was allowable as a business expense. Following this decision, the Supreme Court held in Jaipuria Samla Amalgamated Collieries Ltd Vs CIT [82 ITR 580] that the expression 'profits or gains of any business or profession' has reference only to profits and gains as determined in accordance with Section 29 of this Act and that any rate or tax levied upon profits calculated in a manner other than that provided by that section could not be disallowed under this sub-clause. Similarly, this sub-clause…

ASST CIT CIRCLE-11 (2)(1), MUMBAI vs. M/S SHREE PUSHKAR CHEMICALS AND FERTILIZERS LTD., MUMBAI

In the result, Revenue’s appeal is dismissed

ITA 7008/MUM/2019[2015-16]Status: DisposedITAT Mumbai09 Aug 2021AY 2015-16

Bench: Shri S. Rifaur Rahman & Shri Ravish Sood

For Appellant: Shri S.S. NagarFor Respondent: Shri Manoj Mishra
Section 115JSection 40

…& Chemicals - DB ITA 52/2018 and 68/2018 which in turn relied upon the CBDT circular no. 91 of 1967, bearing number 91/58/64-ITJ(19), dated 18.05.1967 and the judgement of Hon'ble Supreme Court in the case of Jaipuria Samla Amalgamated Collieries Ltd v/s CIT 82 ITR 580 (SC). As a matter of fact, the Hon'ble Bombay High Court was not informed whether the Revenue had instituted appeal against the Chambal Fertilisers judgement (supra). In para 30 and 32 of the judgement the Hon'ble HC specifically mentioned that the id. Standing Counsel for the Revenue could not state whether the Revenue had instituted the appeals…

AVAYA INDIA PRIVATE LIMITED,MUMBAI vs. ACIT, CIRCLE-1(1), DELHI

In the result, the appeal of the assessee is allowed

ITA 466/DEL/2021[2016-17]Status: DisposedITAT Delhi09 Jul 2021AY 2016-17

Bench: Sh. Kul Bharatdr. B. R. R. Kumar(Through Video Conferencing) Ita No. 466/Del/2021 : Asstt. Year : 2016-17 Avaya India Pvt. Ltd., Vs Acit, 202, Platina, 2Nd Floor, Plot No. Circle-1(1), C-59, G-Block, Bandra Kurla New Delhi Complex, Bandra(E), Mumabi, Maharashtra-400051 (Appellant) (Respondent) Pan No. Aaeca3592N Assessee By : Sh. Kamal Sawhney, Adv. Revenue By : Sh. Surender Pal, Cit Dr Date Of Hearing: 05.07.2021 Date Of Pronouncement: 09.07.2021

For Appellant: Sh. Kamal Sawhney, AdvFor Respondent: Sh. Surender Pal, CIT DR
Section 143(3)Section 144C(13)Section 92C

…, there is no doubt that presbyter is only priest writ large, as it is said. Education cess is tax manu brevi. 3.11.3.3 Ld. AR of the assessee took a lot of pains in emphasizing on the Apex Court's holding in Jaipuria Samla Amalgamated Collieries Ltd. [1971] 82 ITR 580 (SC), which also has been referred to in Chambal Fertilizers cited supra to argue that ’profits or gains of any business or profession’ has reference only to profits as per section 28 of the Act, and any rate or tax levied upon profits not ’assessed on the basis of profits' should be an allowable expense. Since education cess was not levied upon d…

M/S NOVOZYMES SOUTH ASIA PVT LTD ,BANGALORE vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-5(1)(1), BANGALORE

In the result, both the appeals of the assessee are allowed

ITA 895/BANG/2018[2013-14]Status: DisposedITAT Bangalore29 Jun 2021AY 2013-14

Bench: Shri George George K. & Shri B.R. Baskaranit(Tp)A No.894/Bang/2018 Assessment Year:2012-13

For Appellant: Shri T. Suryanarayan, A.RFor Respondent: Ms. Neera Malhotra, D.R

…including his business income. The Privy Council held that the rate was not 'assessed on the basis of profits' and was allowable as a business expense. Following this decision, the Supreme Court held in Jaipuria Samla Amalgamated Collieries Ltd. v. CIT 1971 [82 ITR 580] that the expression 'profits or gains of any business or profession' has reference only to profits and gains as determined in accordance with Section 29 of this Act and that any rate or tax levied upon profits calculated in a manner other than that provided by that section could not be disallowed under this sub-clause. Similarly, this sub- clause…

M/S NOVOZYMES SOUTH ASIA PVT LTD ,BANGALORE vs. JOINT COMMISSIONER OF INCOME TAX (OSD) CIRCLE-5(1)(1), BANGALORE

In the result, both the appeals of the assessee are allowed

ITA 894/BANG/2018[2012-13]Status: DisposedITAT Bangalore29 Jun 2021AY 2012-13

Bench: Shri George George K. & Shri B.R. Baskaranit(Tp)A No.894/Bang/2018 Assessment Year:2012-13

For Appellant: Shri T. Suryanarayan, A.RFor Respondent: Ms. Neera Malhotra, D.R

…including his business income. The Privy Council held that the rate was not 'assessed on the basis of profits' and was allowable as a business expense. Following this decision, the Supreme Court held in Jaipuria Samla Amalgamated Collieries Ltd. v. CIT 1971 [82 ITR 580] that the expression 'profits or gains of any business or profession' has reference only to profits and gains as determined in accordance with Section 29 of this Act and that any rate or tax levied upon profits calculated in a manner other than that provided by that section could not be disallowed under this sub-clause. Similarly, this sub- clause…

THE SARSWAT CO-OPERATIVE BANK LTD.,MUMBAI vs. ITO 1 (3)(1), MUMBAI

ITA 6609/MUM/2019[2013-14]Status: DisposedITAT Mumbai28 Jun 2021AY 2013-14

Bench: Shri S. Rifaur Rahman & Shri Ravish Sood

For Appellant: Shri Anil Sathe, A.RFor Respondent: Shri Neehar Pandey, CIT D.R
Section 143(3)Section 14ASection 3Section 36(1)(vii)Section 36(1)(viia)

…essee, including his business income. The Privy Council held that the rate was not 'assessed on the basis of profits' and was allowable as a business expense. Following this decision, the Supreme Court held in Jaipuria Samla Amalgamated Collieries Ltd Vs CIT [82 ITR 580] that the expression 'profits or gains of any business or profession' has reference only to profits and gains as determined in accordance with Section 29 of this Act and that any rate or tax levied upon profits calculated in a manner other than that provided by that section could not be disallowed under this sub-clause. Similarly, this sub-clause…

AJANTA PHARMA LTD.,,MUMBAI vs. DCIT,CC-7(2), MUMBAI, MUMBAI

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

ITA 4785/MUM/2019[2015-16]Status: DisposedITAT Mumbai25 May 2021AY 2015-16

Bench: Shri Rajesh Kumar () & Shri Ravish Sood () Ita No.4784 & 4785/Mum/2019 (Assessment Years: 2015-16 & 2016-17) M/S Ajanta Pharma Ltd. Dy. Commissioner Of 98, Ajanta House, Vs. Income-Tax-Central Circle 6(2),19Th Floor, Air India Govt. Industrial Area, Hindustan Naka, Building, Nariman Point, Charkop,Kandivli (West), Mumbai – 400 021. Mumbai – 400 067. Pan No. Aaaca5579P (Appellant) (Respondent)

For Appellant: Shri J.D. Mistri, Senior AdvocateFor Respondent: Shri Rajeev Harit, CIT D.R
Section 143(2)Section 37(1)

…sessee, including his business income. The Privy Council held that the rate was not 'assessed on the basis of profits' and was allowable as a business expense. Following this decision, the Supreme Court held in JaipuriaSamla Amalgamated Collieries Ltd Vs CIT [82 ITR 580] that the expression 'profits or gains of any business or profession' has reference only to profits and gains as determined in accordance with Section 29 of this Act and that any rate or tax levied upon profits calculated in a manner other than that provided by that section could not be disallowed under this sub-clause. Similarly, this sub-clause…

AJANTA PHARMA LTD.,,MUMBAI vs. DCIT,CC-7(2), MUMBAI, MUMBAI

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

ITA 4784/MUM/2019[2016-17]Status: DisposedITAT Mumbai25 May 2021AY 2016-17

Bench: Shri Rajesh Kumar () & Shri Ravish Sood () Ita No.4784 & 4785/Mum/2019 (Assessment Years: 2015-16 & 2016-17) M/S Ajanta Pharma Ltd. Dy. Commissioner Of 98, Ajanta House, Vs. Income-Tax-Central Circle 6(2),19Th Floor, Air India Govt. Industrial Area, Hindustan Naka, Building, Nariman Point, Charkop,Kandivli (West), Mumbai – 400 021. Mumbai – 400 067. Pan No. Aaaca5579P (Appellant) (Respondent)

For Appellant: Shri J.D. Mistri, Senior AdvocateFor Respondent: Shri Rajeev Harit, CIT D.R
Section 143(2)Section 37(1)

…sessee, including his business income. The Privy Council held that the rate was not 'assessed on the basis of profits' and was allowable as a business expense. Following this decision, the Supreme Court held in JaipuriaSamla Amalgamated Collieries Ltd Vs CIT [82 ITR 580] that the expression 'profits or gains of any business or profession' has reference only to profits and gains as determined in accordance with Section 29 of this Act and that any rate or tax levied upon profits calculated in a manner other than that provided by that section could not be disallowed under this sub-clause. Similarly, this sub-clause…

BACHHRAJ FACTORIES PVT LTD.,MUMBAI vs. ACIT CIRCLE-3(1)(1), MUMBAI

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

ITA 3986/MUM/2019[2014-15]Status: DisposedITAT Mumbai07 Apr 2021AY 2014-15
For Appellant: Shri Kirit KamdarFor Respondent: Shri Tharian Oommen (DR)
Section 143(2)Section 14A

…including his business income. The Privy Council held that the rate was not 'assessed on the basis of profits' and was allowable as a business expense. Following this decision, the Supreme Court held in Jaipuria Samla Amalgamated Collieries Ltd. v. CIT 1971 [82 ITR 580] that the expression 'profits or gains of any business or profession' has reference only to profits and gains as determined in accordance with Section 29 of this Act and that any rate or tax levied upon profits calculated in a manner other than that provided by that section could not be disallowed under this sub-clause. Similarly, this sub-clause…

SULZER PUMPS INDIA LTD,NAVI MUMBAI vs. DCIT 15(3)(2), MUMBAI

In the result, the appeal for AY 2012-13 is partly allowed

ITA 1153/MUM/2017[2012-13]Status: DisposedITAT Mumbai23 Mar 2021AY 2012-13

Bench: Shri Vikas Awasthy () & Shri N.K. Pradhan () Assessment Year: 2012-13 & Assessment Year: 2013-14 & Assessment Year: 2014-15

For Appellant: Shri V. Sridharan, Shri S. SriramFor Respondent: Shri A. Mohan, Shri Sushil Kr
Section 143(3)Section 80GSection 92CSection 95D

…including his business income. The Privy Council held that the rate was not 'assessed on the basis of profits' and was allowable as a business expense. Following this decision, the Supreme Court held in Jaipuria Samla Amalgamated Collieries Ltd. v. CIT 1971 [82 ITR 580] that the expression 'profits or gains of any business or profession' has reference only to profits and gains as determined in accordance with Section 29 of this Act and that any rate or tax levied upon profits calculated in a manner other than that provided by that section could not be disallowed under this sub-clause. Similarly, this sub-clause…

J.B. CHEMICALS AND PHARMACEUTICAL LTD,MUMBAI vs. DCIT CEN CIR 2(1), MUMBAI

In the result, appeal by the assessee is partly allowed

ITA 7389/MUM/2016[2010-11]Status: DisposedITAT Mumbai23 Mar 2021AY 2010-11

Bench: Vikas Awasthy & Shri N.K.Pradhanआअसं. 7389/मुं/2016 ("न.व. 2010-11) J.B.Chemicals & Pharmaceuticals Ltd., B Wing, 4Th Floor, Hind Cycle Road, Worli, Mumbai 400 030 Pan: Aaacj1482G ...... अपीलाथ" /Appellant बनाम Vs. The Dy. Cit, Central Circle -2(1), Cgo Building, 8Th Floor, Mumbai 400 020 ..... ""तवाद"/Respondent

For Appellant: Shri Percy J. Pardiwalla with Shri Niraj D. ShethFor Respondent: Shri Sushil Kumar Mishra
Section 115Section 37(1)

…essee, including his business income. The Privy Council held that the rate was not 'assessed on the basis of profits' and was allowable as a business expense. Following this decision, the Supreme Court held in Jaipuria Samla Amalgamated Collieries Ltd Vs CIT [82 ITR 580] that the expression 'profits or gains of any business or profession' has reference only to profits and gains as determined in accordance with Section 29 of this Act and that any rate or tax levied upon profits calculated in a manner other than that provided by that section could not be disallowed under this sub-clause. Similarly, this sub-clause…

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Jaipuria Samla Amalgamated Collieries Ltd. v. CIT (82 ITR 580) — Cited in 28 Judgments | BharatTax