JMS Mining (P.) Ltd. v. PCIT

130 Taxmann.com 118Income Tax Appellate Tribunal2021#1218 most cited

What is JMS Mining (P.) Ltd. v. PCIT authority for?

Donations made as part of Corporate Social Responsibility (CSR) expenditure are eligible for deduction under Section 80G if all conditions of Section 80G are satisfied. Such expenses are not automatically disallowed merely because they are CSR expenditure, in the absence of specific amendments to Section 80G similar to those in Section 37(1).

93

judgments rely on this decision, according to BharatTax’s citation analysis of 366,459 Indian tax judgments — from 2021 to 2026.

Also referred to as

JMS Mining v PCIT · Section 80G deduction · CSR expenditure · Corporate Social Responsibility · donations under 80G · allowability of CSR expenses · Section 37(1) explanation · 80G conditions · ITAT Kolkata

Issues it is cited on

Judgments citing JMS Mining (P.) Ltd. v. PCIT

First Abu Dhabi Bank Pjsc, Mumbai vs. Deputy Commissioner of Income Tax (International Taxation)-Circle 2(3)(1), Mumbai

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

ITA 3279/MUM/2023[2020-21]Status: DisposedITAT Mumbai27 Feb 2024AY 2020-21

Bench: Shri Amit Shukla & Shri Amarjit Singhfirst Abu Dhabi Bank Vs. Deputy Commissioner Of Pjsc, Unit No.1101 & Income-Tax (It), Circle 1201 Platina Building, C- 2(3)(1), Room No. 1614, 59, G Block, Bandra Kurla 16Th Floor, Air India Complex, Bandra East, Building, Nariman Point, Mumbai – 400051 Mumbai – 400021 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aaecn2845F Appellant .. Respondent Appellant By : Madhur Agarwal Respondent By : Anil Sant Date Of Hearing 07.02.2024 Date Of Pronouncement 27.02.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Deputy Commissioner Of Income Tax, International Taxation, Circle 2(3)(1), Mumbai-2, Dated 20.07.2023 For A.Y. 2020-21. The Assessee Has Raised The Following Grounds Before Us: 1. Ground No. 1: The Learned Ao Has, On The Facts & Circumstances Of The Case & In Law, Erred In Initiating & Completing Assessment Proceedings Under Section 143(3) Of The Act Without Issuing A Valid Notice Under Section 143(2) Of The Act Ie, The Notice Under Section 143(2) Of The Act Dated 29 June 2021 For Initiating Assessment Was Issued By National Faceless Assessment Centre (Nafac) Instead Of Being Issued By The Learned Ao (I.E Jurisdictional Assessing Officer) 2. Ground No. 2:

For Appellant: Madhur AgarwalFor Respondent: Anil Sant
Section 143(2)Section 143(3)Section 153Section 155(18)Section 270ASection 80G

…P a g e | 1 First Abu Dhabi Bank Vs. DCIT(IT) Circle 2(3)(1) IN THE INCOME TAX APPELLATE TRIBUNAL “I” BENCH, MUMBAI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER First Abu Dhabi Bank Vs. Deputy Commissioner of PJSC, Unit No.1101 and Income-tax (IT), Circle 1201 Platina Building, C- 2(3)(1), Room No. 1614, 59, G Block, Bandra Kurla 16th Floor, Air India Complex, Bandra East, Building, Nariman Point, Mumbai – 400051 Mumbai – 400021 स्थायी लेखा सं./जीआइआर सं./PAN/GIR No:AAECN2845F Appellant .. Respondent Appellant by : Madhur Agarwal Respondent by : Anil Sant Date of Hearing 07…

Savita Oil Technologies Ltd, Mumbai vs. ACIT, CC-8(4), Mumbai

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

ITA 1258/MUM/2023[2017-18]Status: DisposedITAT Mumbai25 Oct 2023AY 2017-18

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.1258/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2017-18) Savita Oil Technologies बिधम/ Acit, Central Circle-8(4) Ltd. Room No. 659, Aayakar Vs. 66/67, Nariman Bhavan, Bhavan, M. K. Road, Nariman Point, Mumbai- New Marine Line, 400021. Mumbai-400020. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaafs3513J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Yogesh Thar/Chaitanya Joshi Revenue By: Shri Ram Krishna Kedia (Sr. Ar) Shri Virabhadra Mahanjan (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 04/07/2023/ (20/10/2023) घोषणा की तारीख /Date Of Pronouncement: 25/10/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax-50, Mumbai Dated 24.02.2023 For Assessment Year 2017-18. 2. The First Ground Of Appeal Of The Assessee Is As Under: - “1(A) The Appellant Submits That The Learned Commissioner Of Income-Tax (Appeals) [(“Cit(A)”)] Erred In Not Allowing The Claim Towards Expenditure On Account Of Gratuity Representing Amount Actual Paid To An Approved Gratuity Fund Of Rs.83,69,981/- Representing Employer'S Contribution. (B) The Appellant Submits That Cit(A) Failed To Appreciate That The Aforesaid Amount Of Rs.83,69,981/- Was Paid On Or Before The Due Date For Filing Its Return Of Income For Assessment Year 2017-18 To An Approved Gratuity Fund

For Appellant: Shri Yogesh Thar/Chaitanya JoshiFor Respondent: Shri Ram Krishna Kedia (Sr. AR)
Section 139(1)Section 143(3)Section 36(1)(v)Section 40A(7)Section 43BSection 80GSection 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI AMARJIT SINGH, AM आयकर अपील सं/ I.T.A. No.1258/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2017-18) Savita Oil Technologies बिधम/ ACIT, Central Circle-8(4) Ltd. Room No. 659, Aayakar Vs. 66/67, Nariman Bhavan, Bhavan, M. K. Road, Nariman Point, Mumbai- New Marine Line, 400021. Mumbai-400020. स्थधयी लेखध सं./जीआइआर सं./PAN/GIR No. : AAAFS3513J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee by: Shri Yogesh Thar/Chaitanya Joshi Revenue by: Shri Ram Krishna Kedia (Sr. AR) Shri Virabhadra Mahanjan (SR. AR) सुनव…

Bajaj Electricals Ltd., Mumbai vs. Pr. CIT-2, Mumbai

In the result, appeal filed by the assessee is allowed

ITA 1302/MUM/2021[2016-17]Status: DisposedITAT Mumbai02 Jan 2023AY 2016-17

Bench: Shri Vikas Awasthy & Shri Gagan Goyalbajaj Electricals Limited., 45-47, Bombay Life Building, V.N. Road, Fort, Mumbai - 400001. Pan: Aaacb2484Q ...... Appellant Vs. Pr.Cit-2 Room No. 344, Aayakar Bhavan, M.K. Road, Mumbai - 400020. ..... Respondent Appellant By : Sh. Nitesh Joshi, Adv. Respondent By : Sh. Mahes Akhade, Cit-Dr Date Of Hearing : 03/10/2022 Date Of Pronouncement : 02/01/2023 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of Pr. Commissioner Of Income Tax-2; Mumbai (For Short ‘Pcit’) Dated 31.03.2021 Under Section 143(3) Of The Income Tax Act, 1961 (For Short ‘The Act’) For A.Y. 2016-17. The Assessee Has Raised The Following Grounds Of Appeal: (A) Grounds On Validity Of Proceedings Under Section 263: 1. On The Facts & In The Circumstances Of The Case & In Law, The Principal Commissioner Of Income-Tax Erred In Making A Revision Under Section 263 To Set

For Appellant: Sh. Nitesh Joshi, AdvFor Respondent: Sh. Mahes Akhade, CIT-DR
Section 143(3)Section 263Section 37(1)Section 80G

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “B”, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI GAGAN GOYAL, ACCOUNTANT MEMBER Bajaj Electricals Limited., 45-47, Bombay Life Building, V.N. Road, Fort, Mumbai - 400001. PAN: AAACB2484Q ...... Appellant Vs. Pr.CIT-2 Room No. 344, Aayakar Bhavan, M.K. Road, Mumbai - 400020. ..... Respondent Appellant by : Sh. Nitesh Joshi, Adv. Respondent by : Sh. Mahes Akhade, CIT-DR Date of hearing : 03/10/2022 Date of pronouncement : 02/01/2023 ORDER PER GAGAN GOYAL, A.M: This appeal by the assessee is directed against the order of Pr. Commissioner of Income T…

P.C. Chandra Holding Pvt. Ltd., Kolkata vs. PCIT-2, Kolkata

In the result, the appeal of the assessee is allowed

ITA 256/KOL/2022[2017-18]Status: DisposedITAT Kolkata21 Dec 2022AY 2017-18

Bench: Shri Rajpal Yadav, Vice- & Shri Girish Agrawalassessment Year: 2017-18 P.C. Chandra Holding Pvt. Ltd. Pr. Cit-2, Kolkata P-37A, Nani Gopal Roychowdhury Vs. Avenue, Anada Palit Road, Kolkata- 700014. Pan: Aadcp 0094 M (Appellant) (Respondent) Present For: Appellant By : Shri Ravi Tulsiyan, Fca Respondent By : Shri G. Hukugha Sema, Cit Date Of Hearing : 14.12.2022 Date Of Pronouncement : 21.12.2022 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Arising Out Of The Order Of Pr. Cit, Kolkata-2 Vide Order No. Itba/Rev/F/Rev5/2021-22/104144167(1) Dated 24.03.2022 Passed U/S 263 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For A.Y. 2017-18. 2. Through This Appeal, The Assessee Has Essentially Challenged The Assumption Of Jurisdiction By The Learned Principal Commissioner Of Income-Tax For Invoking The Impugned Revisionary Proceedings U/S 263 Of The Act & Passing The Order Thereunder For Which, The Assessee Has Taken As Many As Eight Grounds Of Appeal Which Are Not Reproduced For The Sake Of Brevity. The Two Issues Which Have Been Considered By The Ld. Pr. Cit For The Purpose Of Invoking The Revisionary Proceedings & Referred In The Grounds Of Appeal Are (I) Deduction U/S 80G Of The Act Amounting To Rs. 20,000/- For Which No Evidence In Support Of Payment Of Donation Is Produced To Ascertain Its Veracity (Ii) Deduction U/S 80G

For Appellant: Shri Ravi Tulsiyan, FCAFor Respondent: Shri G. Hukugha Sema, CIT
Section 10Section 143(3)Section 263Section 37Section 80GSection 80G(5)(vi)

…IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCH “C”, KOLKATA BEFORE SHRI RAJPAL YADAV, VICE-PRESIDENT AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER Assessment Year: 2017-18 P.C. Chandra Holding Pvt. Ltd. Pr. CIT-2, Kolkata P-37A, Nani Gopal Roychowdhury Vs. Avenue, Anada Palit Road, Kolkata- 700014. PAN: AADCP 0094 M (Appellant) (Respondent) Present for: Appellant by : Shri Ravi Tulsiyan, FCA Respondent by : Shri G. Hukugha Sema, CIT Date of Hearing : 14.12.2022 Date of Pronouncement : 21.12.2022 O R D E R PER GIRISH AGRAWAL, ACCOUNTANT MEMBER: This appeal by the assessee is arising out of the order of Pr. CIT…

Citrix R & D India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax, Circle- 2(1)(1), Bangalore

In the result, the appeal filed by the assessee stands allowed partly as indicated herein above

ITA 220/BANG/2021[2016-17`]Status: DisposedITAT Bangalore25 Aug 2022

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 220/Bang/2021 Assessment Year : 2016-17 M/S. Citrix R&D India Pvt. Ltd., The Deputy Prestige Dynasty, Commissioner Of Ground Floor, Income Tax, 33/2, Ulsoor Road, Circle – 2(1)(1), Bangalore – 560042. Vs. Bangalore. Pan: Aabcn3639C Appellant Respondent Assessee By : Shri Sumit Khurana, Ca Revenue By : Shri M. Mathivanan, Cit-Dr Date Of Hearing : 04-07-2022 Date Of Pronouncement : 25-08-2022 Order Per Beena Pillaipresent Appeal By The Assessee Has Been Filed By Assessee Against The Assessment Order Dated 30/03/2021 Passed By The National E-Assessment Centre, Delhi Relating To Assessment Year 2016-17 On Following Grounds Of Appeal: “The Grounds Mentioned Herein By The Appellant Are Without Prejudice To One Another. 1. That The Order Passed By The Learned Ao To The Extent Prejudicial To The Appellant, Is Bad In Law & Liable To Be Quashed. Transfer Pricing - 2. That The National E-Assessment Centre, Delhi / Deputy Commissioner Of Income Tax, Circle 2(1)(1), Bangalore ("Assessing Officer" Or "Learned Ao") & The Dispute Resolution Panel - 1 ("Learned Panel" Or "Learned Drp")

For Appellant: Shri Sumit Khurana, CAFor Respondent: Shri M. Mathivanan, CIT-DR

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH : BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER IT(TP)A No. 220/Bang/2021 Assessment Year : 2016-17 M/s. Citrix R&D India Pvt. Ltd., The Deputy Prestige Dynasty, Commissioner of Ground Floor, Income Tax, 33/2, Ulsoor Road, Circle – 2(1)(1), Bangalore – 560042. Vs. Bangalore. PAN: AABCN3639C APPELLANT RESPONDENT Assessee by : Shri Sumit Khurana, CA Revenue by : Shri M. Mathivanan, CIT-DR Date of Hearing : 04-07-2022 Date of Pronouncement : 25-08-2022 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal by the assesse…