JCIT v. Chambal Fertilizers & Chemicals Ltd.

INSIGHT PRINT COMMUNICATIONS PRIVATE LIMITED,MUMBAI vs. THE PCIT, MUMBAI-4, MUMBAI

In the result, appeal of the assessee is dismissed

Bench: Shri Pawan Singh & Shri Girish Agrawalassessment Year: 2020-21 Insight Print Communications Pcit, Mumbai-4 Private Limited A-14, Synthofine Industrial Estate, Behind Virvani Industrial Estate, Vs. Dindoshi, Off Aarey Road, Goregaon (East), Mumbai – 400063 (Pan: Aabci6530P) (Appellant) (Respondent) Present For: Assessee : Shri Lalchand Choudhary, Ca Revenue : Shri R.A. Dhyani, Cit Dr Date Of Hearing : 08.10.2025 Date Of Pronouncement : 31.12.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Revisionary Order By Ld. Pcit, Mumbai-4, Vide Order No. Itba/Rev/F/Rev5/2024- 25/1074740466(1), Dated 20.03.2025 Passed U/S. 263 Of The Income- Tax Act, 1961 (Hereinafter Referred To As The “Act”) Against The Assessment Order By Assessment Unit, U/S. 143(3) R.W.S.144B Of The Act, Dated 22.09.2022, For Ay 2020-21. 2. Grounds Taken By Assessee Are Reproduced As Under: 1. The Appellant Prefers The Following Appeal Against The Order Dated 20/03/2025 Of The Principal Commissioner Of Income Tax, Mumbai-4 (Hereinafter Referred To As "The Pcit ") Passed Under Section 263 Of The Income Tax Act, 1961 ("The Act"). Each Of The Grounds Is In Alternative & Without Prejudice To Other.

…be applied prospectively and not retrospectively, as there was lack of clarity till the pronouncement of 4 Insight Print Communications Pvt. Ltd. AY 2020-21 law by the Hon’ble Supreme Court in the case of JCIT vs Chambal Fertilisers & Chemicals Limited [2023] 450 ITR 164 (SC) vide order dated 14.12.2022. Accordingly, two views were possible and the AU had taken one of the possible views by allowing the claim made by the assessee. Hence the issue raised by the ld. PCIT cannot be the subject of review u/s. 263 of the Act. Assessee also contended on the jurisdictional aspect of the assessment order by submitting tha…

DCIT 4(1), MUMBAI vs. DEUTSCHE EQUITIES INDIA P.LTD, MUMBAI

Bench: SHRI B.R. BASKARAN, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

…been raised for the first time before the Tribunal. In view of retrospective amendment in Section 40(a)(ii) of the Act and the judgment of Hon’ble Supreme Court in the case of Joint Commissioner of Income Tax Vs. Chambal Fertilisers & Chemicals Ltd. : [2023] 450 ITR 164 (SC) deduction for education cess cannot be allowed. Accordingly, Ground No. 11 raised by the Appellant is dismissed. CO No. 277/Mum/2012 10 We would now take up cross-appeal preferred by the Revenue along with Cross Objection of the Assessee. Ground No. 1(i) to 1(v) 11 Ground No. 1 raised by the Revenue pertains to expenditure of INR.1,63,3…

INDIABULLAS HOUSING FINANCE LIMITED,MUMBAI vs. DCIT, CENTRAL CIRCLE-6(4), MUMBAI

…by whatever name called, on such tax. In view of the aforesaid retrospective amendment in Section 40(a)(ii) of the Act and the judgment of Hon’ble Supreme Court in the case of Joint Commissioner of Income Tax Vs. Chambal Fertilizers & Chemicals Ltd. : [2023] 450 ITR 164 (SC), we are not inclined to accept the submissions of the Assessee. Accordingly, Ground No. 2 raised by the Assessee is dismissed. Assessment Year 2019-2020 10. We would now take up cross-appeals for the Assessment Year 2019- 20. 10.1. These cross-appeals arise from the common order, dated 30/01/2023, passed by the Commissioner of Income Tax (A…

AARTI DRUGS LIMITED,MUMBAI vs. ACIT-CC-3(2), MUMBAI

In the result, appeals of the assessee for 2013-14 to 2016-17 are dismissed

Bench: Shri Vikas Awasthy & Ms. Padmavathy.Sआअसं.2872/मुं/2023 (िन.व. 2013-14) आअसं.2871/मुं/2023 (िन.व. 2014-15) आअसं.2874/मुं/2023 (िन.व. 2015-16) आअसं.2870/मुं/2023 (िन.व. 2016-17) Aarti Drugs Limited, Plot No.9D 3Rd Floor, Mahendra Industrial Estate, Road No.29, Sion East, Mumbai 400 022. Pan: Aaaca-4410-D ...... अपीलाथ"/Appellant बनाम Vs. Acit –Cc -3(2), Room No.1913, 19Th Floor, Air India Building, Nariman Point, Mumbai – 400 021 ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Vipul Jain "ितवादी"ारा/Respondent By : Shri Manoj Mumar Sinha सुनवाई की ितिथ/ Date Of Hearing : 14/12/2023 घोषणा की ितिथ/ Date Of Pronouncement : 14/12/2023 आदेश/Order Per Vikas Awasthy, Jm:

…Finance Act, 2022, considering to be retrospective. 5. Per contra, Shri Manoj Kumar Sinha representing the Department submitted that the issue is now settled by the Hon'ble Supreme Court of India in the case of JCIT vs. Chambal Fertilizers & Chemicals Ltd., 450 ITR 164 and again in the case of CIT vs. Sesa Goa Ltd.,155 taxmann.com 34 holding Education Cess is not an allowable deduction. 3 ITA NO.2871/MUM/2023 (A.Y.2014-15) ITA NO.2870/MUM/2023 (A.Y.2016-17) 6. Both sides heard. The solitary issue raised in appeal by the assessee is in respect of disallowance of education cess. It is no more res-integra that…

AARTI DRUGS LIMITED,MUMBAI vs. ACIT-CC-3(2), MUMBAI

In the result, appeals of the assessee for 2013-14 to 2016-17 are dismissed

Bench: Shri Vikas Awasthy & Ms. Padmavathy.Sआअसं.2872/मुं/2023 (िन.व. 2013-14) आअसं.2871/मुं/2023 (िन.व. 2014-15) आअसं.2874/मुं/2023 (िन.व. 2015-16) आअसं.2870/मुं/2023 (िन.व. 2016-17) Aarti Drugs Limited, Plot No.9D 3Rd Floor, Mahendra Industrial Estate, Road No.29, Sion East, Mumbai 400 022. Pan: Aaaca-4410-D ...... अपीलाथ"/Appellant बनाम Vs. Acit –Cc -3(2), Room No.1913, 19Th Floor, Air India Building, Nariman Point, Mumbai – 400 021 ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Vipul Jain "ितवादी"ारा/Respondent By : Shri Manoj Mumar Sinha सुनवाई की ितिथ/ Date Of Hearing : 14/12/2023 घोषणा की ितिथ/ Date Of Pronouncement : 14/12/2023 आदेश/Order Per Vikas Awasthy, Jm:

…Finance Act, 2022, considering to be retrospective. 5. Per contra, Shri Manoj Kumar Sinha representing the Department submitted that the issue is now settled by the Hon'ble Supreme Court of India in the case of JCIT vs. Chambal Fertilizers & Chemicals Ltd., 450 ITR 164 and again in the case of CIT vs. Sesa Goa Ltd.,155 taxmann.com 34 holding Education Cess is not an allowable deduction. 3 ITA NO.2871/MUM/2023 (A.Y.2014-15) ITA NO.2870/MUM/2023 (A.Y.2016-17) 6. Both sides heard. The solitary issue raised in appeal by the assessee is in respect of disallowance of education cess. It is no more res-integra that…

AARTI DRUGS LIMITED ,MUMBAI vs. ACIT-CC 3(2), MUMBAI

In the result, appeals of the assessee for 2013-14 to 2016-17 are dismissed

Bench: Shri Vikas Awasthy & Ms. Padmavathy.Sआअसं.2872/मुं/2023 (िन.व. 2013-14) आअसं.2871/मुं/2023 (िन.व. 2014-15) आअसं.2874/मुं/2023 (िन.व. 2015-16) आअसं.2870/मुं/2023 (िन.व. 2016-17) Aarti Drugs Limited, Plot No.9D 3Rd Floor, Mahendra Industrial Estate, Road No.29, Sion East, Mumbai 400 022. Pan: Aaaca-4410-D ...... अपीलाथ"/Appellant बनाम Vs. Acit –Cc -3(2), Room No.1913, 19Th Floor, Air India Building, Nariman Point, Mumbai – 400 021 ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Vipul Jain "ितवादी"ारा/Respondent By : Shri Manoj Mumar Sinha सुनवाई की ितिथ/ Date Of Hearing : 14/12/2023 घोषणा की ितिथ/ Date Of Pronouncement : 14/12/2023 आदेश/Order Per Vikas Awasthy, Jm:

…Finance Act, 2022, considering to be retrospective. 5. Per contra, Shri Manoj Kumar Sinha representing the Department submitted that the issue is now settled by the Hon'ble Supreme Court of India in the case of JCIT vs. Chambal Fertilizers & Chemicals Ltd., 450 ITR 164 and again in the case of CIT vs. Sesa Goa Ltd.,155 taxmann.com 34 holding Education Cess is not an allowable deduction. 3 ITA NO.2871/MUM/2023 (A.Y.2014-15) ITA NO.2870/MUM/2023 (A.Y.2016-17) 6. Both sides heard. The solitary issue raised in appeal by the assessee is in respect of disallowance of education cess. It is no more res-integra that…

AARTI DRUGS LIMITED ,MUMBAI vs. ACIT-CC 3(2), MUMBAI

In the result, appeals of the assessee for 2013-14 to 2016-17 are dismissed

Bench: Shri Vikas Awasthy & Ms. Padmavathy.Sआअसं.2872/मुं/2023 (िन.व. 2013-14) आअसं.2871/मुं/2023 (िन.व. 2014-15) आअसं.2874/मुं/2023 (िन.व. 2015-16) आअसं.2870/मुं/2023 (िन.व. 2016-17) Aarti Drugs Limited, Plot No.9D 3Rd Floor, Mahendra Industrial Estate, Road No.29, Sion East, Mumbai 400 022. Pan: Aaaca-4410-D ...... अपीलाथ"/Appellant बनाम Vs. Acit –Cc -3(2), Room No.1913, 19Th Floor, Air India Building, Nariman Point, Mumbai – 400 021 ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Vipul Jain "ितवादी"ारा/Respondent By : Shri Manoj Mumar Sinha सुनवाई की ितिथ/ Date Of Hearing : 14/12/2023 घोषणा की ितिथ/ Date Of Pronouncement : 14/12/2023 आदेश/Order Per Vikas Awasthy, Jm:

…Finance Act, 2022, considering to be retrospective. 5. Per contra, Shri Manoj Kumar Sinha representing the Department submitted that the issue is now settled by the Hon'ble Supreme Court of India in the case of JCIT vs. Chambal Fertilizers & Chemicals Ltd., 450 ITR 164 and again in the case of CIT vs. Sesa Goa Ltd.,155 taxmann.com 34 holding Education Cess is not an allowable deduction. 3 ITA NO.2871/MUM/2023 (A.Y.2014-15) ITA NO.2870/MUM/2023 (A.Y.2016-17) 6. Both sides heard. The solitary issue raised in appeal by the assessee is in respect of disallowance of education cess. It is no more res-integra that…

ESSEL MINING & INDUSTRIES LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX - CENTRAL CIRCLE 1(4), MUMBAI

Appeal is dismissed

…rised Representative for the Assessee submitted that in view of retrospective amendment in Section 40(a)(ii) of the Act and the judgment of Hon’ble Supreme Court in the case of Joint Commissioner of Income Tax Vs. Chambal Fertilisers & Chemicals Ltd. : [2023] 450 ITR 164 (SC), the Assessee does not wish to pursue the additional ground. Accordingly, the additional ground raised by the Assessee is dismissed as not pressed. Grounds No. 3 & 4 of Appeal by Revenue The Assessee had claimed deduction under Section 80IA(4) of the Act 9. in respect of Railway Siding Unit situated at P.O. Jajang, District- (Assessment Yea…