Which sections of the Income Tax Act does Jaipuria Samla Amalgamated Collieries Ltd. v. CIT come up under?

It is most often cited in judgments turning on Section 115JB, Section 143(3), Section 155(18), Section 250, Section 270A, Section 37(1).

Jaipuria Samla Amalgamated Collieries Ltd. v. CIT

Q: How many judgments cite Jaipuria Samla Amalgamated Collieries Ltd. v. CIT?

28 judgments on BharatTax cite Jaipuria Samla Amalgamated Collieries Ltd. v. CIT (82 ITR 580), spanning 2020 to 2026.

82 ITR 580Supreme Court of India1971#4232 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).

judgments rely on this decision, according to BharatTax’s citation analysis of 366,459 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 115JB Section 143(3)Section 155(18)Section 250 Section 270A Section 37(1)Section 40(a)(ii)

Issues it is cited on

section 10(4)section 40(a)(ii)comparable companies section 30 profits and gains of business or profession section 40(a)transfer pricing adjustment associated enterprise section 29 international transaction section 234b section 40

Judgments citing Jaipuria Samla Amalgamated Collieries Ltd. v. CIT

Il & Fs Transportation Networks Limited, Mumbai vs. Assistant Commissioner of Income Tax - Range - 14(2)(1), Mumbai

ITA 4177/MUM/2018[2012-13]Status: DisposedITAT Mumbai15 Feb 2021AY 2012-13

Bench: Shri S. Rifaur Rahman & Shri Ravish Soodil & Fs Transportation Networks Asstt. Commissioner Of Limited, The Il & Fs Financial Income-Tax, Range -14(2)(1), Center, Plot No.C-22, Room No. Aaykar Bhavan, Maharshi Karve Vs. 460, 4Th Floor, G Block, Bandra- Road, Marine Lines, Kurla Complex, Bandra (E), Mumbai – 400 020 Mumbai – 400 051 Pan – Aabcc5460A (Appellant) (Respondent) Dcit -14(2)(1), M/S Il & Fs Transportation Network 432, 4Th Floor, Aayakar Bhavan, Ltd., Il & Fs Financial Centre, 8Th Vs. Mumbai – 400 020 Floor, C-22, G Block, B.K.C. Bandra (E), Mumbai – 400051

For Appellant: Shri Sandeep Bhalla, A.RFor Respondent: Shri Sushil Kumar Mishra, 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…

M/S Honeywell Technology Solutions Lab Private Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-3(1)(2), Bangalore

In the result, the assessee's appeal is partly allowed

ITA 1210/BANG/2018[2010-11]Status: DisposedITAT Bangalore07 Jan 2021AY 2010-11

Bench: Shri N.V. Vasudevan & Shri Chandra Poojarim/S. Honeywell Technology Solutions Lab Pvt. Ltd., 151/1, Bannerghata Road, Doraisanpalya, Bangalore-560 076 ….Appellant Pan Aaach 4151J Vs. Dy. Commissioner Of Income Tax, Circle 3(1)(2), Bangalore. ……Respondent. Assessee By: Smt. Shreya Loyalka, C.A. Revenue By: Shri B.K. Panda, Cit (D.R)

For Appellant: Smt. Shreya Loyalka, C.AFor Respondent: Shri B.K. Panda, CIT (D.R)

Section 80J

…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 47 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-clau…

Baroda Industries Pvt. Ltd., Mumbai vs. DCIT - Circle 3 (1)(1), Mumbai

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

ITA 2547/MUM/2019[2012-13]Status: DisposedITAT Mumbai27 Nov 2020AY 2012-13

Bench: Shri M.Balaganesh, Am & Shri Ram Lal Negi, Jm M/S. Baroda Industries Pvt. Vs. Deputy Commissioner Of Ltd., Income Tax- Circle – 2Nd Floor, Bajaj Bhavan 3(1)(1), Mumbai 226, Jamnalal Bajaj Marg Nariman Point Mumbai – 400 021 Pan/Gir No. Aaacb2428A (Appellant) .. (Respondent)

Section 143(3)Section 14ASection 37(1)

…The Privy Council held that the rate was not 6 M/s. Baroda Industries Pvt. Ltd., '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 subclause i…

Mufg Bank Ltd, New Delhi vs. ACIT (International Taxation) Circle-2(2)(1), New Delhi

In the result appeal of the assessee is partly allowed

ITA 7895/DEL/2019[2015-16]Status: DisposedITAT Delhi16 Oct 2020AY 2015-16

Bench: Shri Amit Shukla & Shri Prashant Maharishi(Through Video Conferencing) Mufg Bank Ltd, Vs. Acit (International Taxation), 5Th Floor, Worldmark 2, Asset 8, Circle-2(2)(1), Aerocity, Nh-8, New Delhi New Delhi Pan: Aabct3880D (Appellant) (Respondent)

For Appellant: Shri Nishant Thakkar, AdvFor Respondent: Shr Surender Pal, CIT DR

Section 143(3)Section 14ASection 244ASection 37(1)Section 44C

…ssee, 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 [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…

Msm Discovery P.Ltd, Mumbai vs. Asst CIT 12(3)(2), Mumbai

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

ITA 1935/MUM/2017[2012-13]Status: DisposedITAT Mumbai12 Oct 2020AY 2012-13

Bench: Shri Pramod Kumar & Shri Ravish Soodmsm Discovery Private Ltd. The Asst. Commissioner Of Income Interface Building No. 7, Tax-12(3)(2) 4Th Floor, Malad Link Road, Room No. 147B, 1St Floor, Vs. Malad (W), Aayakar Bhavan, M.K. Road Mumbai- 400 064 Churchgate, Mumbai – 400 020 Pan – Aagcs4253E (Appellant) (Respondent)

For Appellant: Shri P.J. Pardiwala, Senior AdvocateFor Respondent: Shri A. Mohan, CIT D.R

Section 143(3)Section 92C

Asst.C.I.T., Bangalore vs. M/S Wipro Ltd., Bangalore

ITA 609/BANG/2016[2011-12]Status: DisposedITAT Bangalore05 Oct 2020AY 2011-12

Bench: Shri B.R. Baskaran, Accountantmember & Shri Pavan Kumar Gadaleit(Tp)A No.99/Bang/2014 Assessmentyear:2009-10

Section 143(3)

…IT(TP)A Nos.99/Bang/2014, 398/Bang/2015, 222/Bang/2016, 492/Bang/2017, 2851/Bang/2-17, 3115/Bang/2018, 151/Bang/2014, 467/Bang/2015 & 609/Bang/2016 M/s. Wipro Limited, Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “C’’ BENCH: BANGALORE BEFORE SHRI B.R. BASKARAN, ACCOUNTANTMEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER IT(TP)A No.99/Bang/2014 AssessmentYear:2009-10 M/s. Wipro Limited Doddakannelli Addl CIT Sarjapur Road Vs. Range-12 Bangalore-560 025. Bangalore PAN NO :AAACW 0387R APPELLANT RESPONDENT IT(TP)A No.398/Bang/2015 Assessment Year: 2010-11 M/s. Wipro Limited Deputy Commissioner of Doddakann…

DCIT, Bangalore vs. M/S Wipro Ltd., Bangalore

ITA 467/BANG/2015[2010-11]Status: DisposedITAT Bangalore05 Oct 2020AY 2010-11

Bench: Shri B.R. Baskaran, Accountantmember & Shri Pavan Kumar Gadaleit(Tp)A No.99/Bang/2014 Assessmentyear:2009-10

Section 143(3)

Voltas Ltd, Mumbai vs. ACIT 8(3)(2), Mumbai

The appeal of the revenue is dismissed

ITA 6612/MUM/2018[2012-13]Status: DisposedITAT Mumbai30 Jun 2020AY 2012-13

Bench: Shri Pramod Kumar() & Shri Ravish Sood () Assessment Year: 2012-13 Voltas Limited Asst. Cit Range-8(3)(2) Voltas House-A, 4Th Floor, Vs. Room No. 615, 6Th Floor, Dr. Babasaheb Ambedkar Aayakar Bhavan, M.K. Road Road, Chinchpokli, Mumbai – 400 020 Mumbai 400 033 Pan No. Aaacv2809D Appellant Respondent & Assessment Year: 2012-13 Dcit-8(3)(2) Voltas Limited R. No.615, 6Th Floor, Vs. Voltas House-A, 4Th Floor, Aayakar Bhavan, M.K. Road Dr. Babasaheb Ambedkar Road, Mumbai- 400 020 Chinchpokli, Mumbai 400 033 Pan No. Aaacv2809 Appellant Respondent

For Appellant: Shri. Nitesh JoshiFor Respondent: Shri. Uodal Raj Singh, D.R

Section 143(3)Section 14ASection 40

…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 P a g e | 12 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, th…