JCIT v. ITC Ltd.

112 ITD 57Income Tax Appellate Tribunal2008#4123 most cited

What is JCIT v. ITC Ltd. authority for?

Section 43B of the Income Tax Act, 1961, which deals with deductions only upon actual payment, does not apply to the employees' contribution to provident fund or other welfare funds, as the same is governed by Section 36(1)(va) of the Act. The deduction for employees' contribution is allowed if paid within the due date specified in the relevant Acts, including the grace period.

28

judgments rely on this decision, according to BharatTax’s citation analysis of 366,418 Indian tax judgments — from 2015 to 2022.

Also referred to as

JCIT v. ITC Ltd. · 112 ITD 57 · Section 43B · Section 36(1)(va) · employees contribution to PF · provident fund · deduction · actual payment · due date · grace period

Issues it is cited on

companyindiatotal incomebusinessinterest

Judgments citing JCIT v. ITC Ltd.

Quantium Advisors P. Ltd, Mumbai vs. DCIT Cir 1(3), Mumbai

Appeal of the assessee is allowed

ITA 3418/MUM/2015[2011-12]Status: DisposedITAT Mumbai15 Jul 2016AY 2011-12

Bench: Shri G.S.Pannu & Shri Pawan Singhquantum Advisors Pvt. Ltd., 503, Regent Chamber, Nariman Point, Mumbai 400 021. Pan:Aaacq 0281C ... Appellant Vs.

For Appellant: S/Shri J.D.Mistry/Niraj D. SethFor Respondent: Shri Amit Kumar Singh
Section 143(3)Section 37(1)

…the impugned advertisement expenditure could not be construed as having been incurred for ‘brand building’:- i) ACIT v/s Global Healthline (P) Ltd. [2012] 19 ITR(T) 298 15 ii) ITO v/s Spice Communications Ltd. [2010] 35 SOT 78 iii) JCIT v/s ITC Ltd. [2008] 112 ITD 57 Further, reliance was also placed on the judgment of the Hon'ble Gujarat High Court in the case of Core Healthcare Ltd., 308 ITR 263 and that of Hon'ble Delhi High Court in the case of Modi Revlon Pvt. Ltd., 26 taxmann.com 133 for the proposition that even advertisement expenses incurred to create a brand image was allowable as revenue expenditur…

D.C.I.T Cir - 1, Kolkata vs. M/S M/S Exide Industries Limited, Kolkata

In the result, the appeal of the revenue is dismissed

ITA 1347/KOL/2013[2008-09]Status: DisposedITAT Kolkata13 Apr 2016AY 2008-09

Bench: : Shri Mahavir Singh & Shri M. Balaganesh

For Appellant: S/Shri Anup Sinha, ACA &For Respondent: None appeared
Section 143(3)Section 145ASection 43B

…isallowances made on account of shifting expenses amounting to Rs.62,00,000/- 4.2. The Learned AR stated that this issue has been decided in favour of the assessee by the Special Bench of Kolkata Tribunal in the case of JCIT vs ITC Limited reported in (2008) 112 ITD 57 (KOL)(SB). 4.3. We have heard the Learned AR and perused the materials available on record. We find that the break up of shifting expenses are as below:- 5 -C-AM M/s. Exide Industries Ltd Rs in lacs Cost of dismantling some specific machineries at Kanjurmarg, loading and incidental expenses and Reinstalling the machineries at Taloja 40 Transp…

ACIT Cir 5(3), Mumbai vs. Shree Raj Travels & Tour Ltd, Mumbai

In the result, appeal of the revenue stands dismissed

ITA 251/MUM/2013[2008-09]Status: DisposedITAT Mumbai13 Apr 2016AY 2008-09

Bench: Shri B R Baskaran & Shri Amit Shukla"ी राज "ावे"स अँड टूरस "ल"मटेड Acit, Circle 5(3), Vs Room No. 563, Shree Raj Travels & Tours Ltd, Aayakar Bhavan, M K Road, Chowpaty View Building, Mumbai-400 020 Ground Floor, Sukh Nagar, S V P Road, Opera House, Mumbai -400 007 Pan: Aaecs 9760 N अपीलाथ" (Appellant) ""यथ" (Respondent) Appellant By Shri A K Nayak : Respondent By : None सुनवाईक"तार"ख /Date Of Hearing : 13-04-2016 घोषणाक"तार"ख /Date Of Pronouncement : 13-04-2016

For Respondent: None
Section 143(3)Section 2(24)(va)Section 2(24)(x)Section 43

…towards Provident Fund and ESIC, whereas in the instant case, the mater pertains to disallowance made u/s 2(24)(x) r.w.s. 36(1)(vi) of the I.T. Act, which is squarely covered by the decision of Special Bench of Kolkatta ITAT in the case of JCIT vs. ITC Ltd. [112 ITD 57]”. 2. Brief facts are that, the assessee company is engaged in the business of tours and travels. The Ld. AO from the perusal of the Tax audit report noted that, the assessee has failed to deposit the Employees contribution towards PF and ESIC within the stipulated due date and also within the grace period allowed. In response to the show cause n…

DCIT, Circle - 11, Kolkata vs. M/S. Eveready Industries India Ltd., Kolkata

In the result appeal by the revenue is dismissed

ITA 94/KOL/2012[2005-06]Status: DisposedITAT Kolkata03 Feb 2016AY 2005-06

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am] Assessment Year : 2005-06

For Appellant: MD.Ghayas Uddin, JCIT, Sr.DR
Section 41(1)Section 43B

…ed by the AO on the ground of being capital expenditure but on appeal the Tribunal and the High Court held that the expenditure was allowable as revenue expenditure. A similar view was taken by the Special Bench of the ITAT Kolkata in the case of ITC Limited (112 ITD 57). The facts of this case were pare-materia with the appellant's case. ITC Ltd had shifted Plant & Machinery from one unit to another. The purpose for shifting of machinery to another unit was efficient utilization of the plant. Tribunal found that the shifting of the plant did not result in acquisition of new assets. The AO disallowed the shifting…

Edwise Consultants P.Ltd, Mumbai vs. Asst CIT 4(3), Mumbai

In the result, all the three appeals filed by the assessee are allowed

ITA 4121/MUM/2014[2010-11]Status: DisposedITAT Mumbai14 Oct 2015AY 2010-11

Bench: S/Shri B.R.Baskaran, Am & Amarjit Singh, Jm आमकय अऩीर सं./I.T.A. No.5376/Mum/2011 & I.T.A. No.4121/Mum/2014 (ननधधायण वषा / Assessment Year: 2008-09 & 2010-11) बनाम/ Edwise Consultants Pvt.Ltd., Dy. Commissioner Of Income Tax, 4(3), Room No.649, Jer Mahal, Vs. 6Th Floor, Aayakar Bhavan, Opp. Metro Cinema, M K Road, Dhobi Talav, Mumbai-400020. Mumbai-400002 (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) ..

Section 40A(2)(a)

…expenditure as is so considered by him to be excessive or unreasonable shall not be allowed as a deduction.” 7. The Hon’ble Kolkatta Special bench of ITAT had an occasion to examine the provisions of sec. 40A(2)(a) of the Act in the case of JCIT Vs. ITC Ltd (112 ITD 57)(Kol) and it has been held as under:- “89. A plain reading of the provisions contained in section 40A(2)(a) makes it clear that it would be applicable only if the following conditions are satisfied:- (i) where the assessee incurs any expenditure; 5 I T A N o . 5 3 7 6 / Mu m/ 2 0 1 1 , 5 9 4 / M/ 2 0 1 3 a n d 4 1 2 1 / M/ 2 0 1 4 (ii) the paymen…

Edwise Consultants P. Ltd, Mumbai vs. Addl CIT 4(3), Mumbai

In the result, all the three appeals filed by the assessee are allowed

ITA 594/MUM/2013[2009-10]Status: DisposedITAT Mumbai14 Oct 2015AY 2009-10

Bench: S/Shri B.R.Baskaran, Am & Amarjit Singh, Jm आमकय अऩीर सं./I.T.A. No.5376/Mum/2011 & I.T.A. No.4121/Mum/2014 (ननधधायण वषा / Assessment Year: 2008-09 & 2010-11) बनाम/ Edwise Consultants Pvt.Ltd., Dy. Commissioner Of Income Tax, 4(3), Room No.649, Jer Mahal, Vs. 6Th Floor, Aayakar Bhavan, Opp. Metro Cinema, M K Road, Dhobi Talav, Mumbai-400020. Mumbai-400002 (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) ..

Section 40A(2)(a)

…expenditure as is so considered by him to be excessive or unreasonable shall not be allowed as a deduction.” 7. The Hon’ble Kolkatta Special bench of ITAT had an occasion to examine the provisions of sec. 40A(2)(a) of the Act in the case of JCIT Vs. ITC Ltd (112 ITD 57)(Kol) and it has been held as under:- “89. A plain reading of the provisions contained in section 40A(2)(a) makes it clear that it would be applicable only if the following conditions are satisfied:- (i) where the assessee incurs any expenditure; 5 I T A N o . 5 3 7 6 / Mu m/ 2 0 1 1 , 5 9 4 / M/ 2 0 1 3 a n d 4 1 2 1 / M/ 2 0 1 4 (ii) the paymen…

Edwise Consultants P.Ltd, Mumbai vs. DCIT 4(3), Mumbai

In the result, all the three appeals filed by the assessee are allowed

ITA 5376/MUM/2011[2008-09]Status: DisposedITAT Mumbai14 Oct 2015AY 2008-09

Bench: S/Shri B.R.Baskaran, Am & Amarjit Singh, Jm आमकय अऩीर सं./I.T.A. No.5376/Mum/2011 & I.T.A. No.4121/Mum/2014 (ननधधायण वषा / Assessment Year: 2008-09 & 2010-11) बनाम/ Edwise Consultants Pvt.Ltd., Dy. Commissioner Of Income Tax, 4(3), Room No.649, Jer Mahal, Vs. 6Th Floor, Aayakar Bhavan, Opp. Metro Cinema, M K Road, Dhobi Talav, Mumbai-400020. Mumbai-400002 (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) ..

Section 40A(2)(a)

…expenditure as is so considered by him to be excessive or unreasonable shall not be allowed as a deduction.” 7. The Hon’ble Kolkatta Special bench of ITAT had an occasion to examine the provisions of sec. 40A(2)(a) of the Act in the case of JCIT Vs. ITC Ltd (112 ITD 57)(Kol) and it has been held as under:- “89. A plain reading of the provisions contained in section 40A(2)(a) makes it clear that it would be applicable only if the following conditions are satisfied:- (i) where the assessee incurs any expenditure; 5 I T A N o . 5 3 7 6 / Mu m/ 2 0 1 1 , 5 9 4 / M/ 2 0 1 3 a n d 4 1 2 1 / M/ 2 0 1 4 (ii) the paymen…

Bses Rajdhani Power Ltd., New Delhi vs. ACIT, New Delhi

The appeal is partly allowed

ITA 3688/DEL/2011[2005-06]Status: DisposedITAT Delhi05 Oct 2015AY 2005-06

Bench: Shri I.C. Sudhir & Shri Inturi Rama Rao Assessment Year : 2005-06 Bses Rajdhani Power Ltd., Vs. Assistant Cit, Bses Bhawan, Nehru Place, Circle-3(1), New Delhi. New Delhi. (Pan: Aagcs3187H) (Appellant) (Respondent) Assessment Year: 2005-06 Deputy Cit, Vs. Bses Rajdhani Power Ltd., Circle 3(1), Bses Bhavan, Nehru Place, New Delhi. New Delhi. (Pan: Aagcs3187H) (Appellant) (Respondent) Assessment Year : 2006-07 Bses Rajdhani Power Ltd., Vs. Assistant Cit, Bses Bhawan, Nehru Place, Circle-3(1), New Delhi. New Delhi. (Pan: Aagcs3187H) (Appellant) (Respondent) Assessment Year: 2006-07 Deputy Cit, Vs. Bses Rajdhani Power Ltd., Circle 3(1), Bses Bhavan, Nehru Place, New Delhi. New Delhi. (Pan: Aagcs3187H) (Appellant) (Respondent)

Section 154

…IT v. Modi Xerox Ltd.: ITA No.31/2001/ Lex Doc Id 405888 (All.) − Voltamp Transformers (P) Limited v. CIT: 129 ITR 105 (Guj.) − CIT v. Aditya Medisales Ltd.: ITA No. 559/2009 (Guj.) − CIT v. Gopala Polyplast Ltd. : ITA NO. 265/2009 (Guj.) − JCIT v. ITC Ltd.: 112 ITD 57 (Kol.)(SB) − Jagdamba Rollers Flour Mill Ltd. vs ACIT: 117 ITD 260(TM) (Nag.) − Aradhana Beverages & Foods Co. (P.) Ltd vs. DCIT:51 SOT 426 (Del) − S.K. Engg vs. JCIT: 103 ITD 97 (Bang.) − Rangoon Chemical Works (P) Limited: 100 Taxman163 (Ahd.) (Mag) − Kinetic Honda Motor Ltd V. JCIT 77 ITD 393 − Shyam Oil Cake Ltd V. ACIT: 83 TTJ 414 (Jd.) − Vik…