Kerala Finance Corporation v. CIT

210 ITR 129Supreme Court of India1994#1787 most cited

What is Kerala Finance Corporation v. CIT authority for?

CBDT circulars, instructions, or directions issued under Section 119 cannot override or detract from the provisions of the Income-tax Act, as a delegated authority lacks the power to amend law enacted by Parliament.

63

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2016 to 2026.

Also referred to as

Kerala Finance Corporation v. CIT · 210 ITR 129 · CBDT circulars · Section 119 · circulars cannot override Act · binding nature of instructions · delegated legislation · Section 194A · Section 201 · statutory provisions · tax administration

Sections most often in play

Section 194ASection 201(1A)Section 201(1)Section 250Section 201Section 194A(3)(v)Section 115BBESection 153B

Issues it is cited on

section 194a(v)section 194(3)(viia)(b)section 5(1)(cc)section 80p(i)section 194a(3)(viia)(b)section 194a(3)(viia)(a)section 194a(3)(i)(b)section 194(3)(v)section 194a(3)(i)section 132(5)section 132(2)section 194a(1)

Judgments citing Kerala Finance Corporation v. CIT

Smt. Uma Agarwal, Gwalior vs. ITO-1(3), Gwalior

In the result the appeal of the assessee is allowed

ITA 35/AGR/2021[2017-18]Status: DisposedITAT Agra18 Jun 2021AY 2017-18

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meenaassessment Year 2017-18 Smt. Uma Agrawal V.S. I.T.O –1( 3) Baba Kapur Sunaran Ka Mohalla, Gwalior, M.P. Rajaji Ka Bada Gwalior M.P. Pan: Bdppa6915F (Appellant) (Respondent)

Section 69A

…, the apex court held that executive instructions can supplement a statute or cover areas to which the statute does not extend but they cannot run contrary to the statutory provisions or whittle down their effect. In Kerala Financial Corporation v. CIT [1994] 210 ITR 129 (SC); AIR 1994 SC 2416, following the opinion of Mukharji J. at paragraph 42 in State Bank of Travancore v. CIT [1986] 158 ITA 35/Agr/2021 19 ITR 102 (SC); AIR 1986 SC 757, that circulars "cannot detract from the Act", the apex court held that a circular of the Board under section 119 cannot override or detract from the Act inasmuch as, what se…

Hazelnut Constructions Pvt. Ltd., Mumbai vs. ITO, Ward-3(1)(4), Mumbai

The appeal of the assessee is allowed on jurisdictional issue

ITA 1730/MUM/2019[2015-16]Status: DisposedITAT Mumbai17 Jun 2020AY 2015-16

Bench: Sri Mahavir Singh, Vp & Sri Manjunatha G, Am आयकर अपील िं./ Ita No. 1730/Mum/2019 (ननर्ाारण वर्ा / Assessment Years 2015-16) Hazelnut Constructions Pvt. The Income Tax Officer Ltd. Ward 3(1)(4) बनाम/ 514, Dalamal Towers, 211, Fpj Mumbai Vs. Marg, Nariman Point, Mumbai (अपीलाथी / Appellant) (प्रत्यथी/ Respondent) स्थायी लेखा िं./Pan No. Aabch6233N अपीलाथी की ओर े/ Appellant By : Shri Chetan Karia, Ar प्रत्यथी की ओर े/ Respondent By : Shri Akhtar Ansari, Dr ुनवाई की तारीख / Date Of Hearing: 17.06.2020 घोर्णा की तारीख / Date Of Pronouncement: 17.06.2020 आदेश / O R D E R महावीर स िंह, उपाध्यक्ष / Per Mahavir Singh, Vp: This Appeal Of Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals)]-8, Mumbai, [In Short Cit(A)], In Ita No. Cit(A)-8/It-153/2017-18 Dated 19.02.2019. The Assessment Was Framed By The Income Tax Officer, Ward 3(1)(4), Mumbai (In Short Acit/Ito/ Ao) For The A.Y. 2015-16 Vide Order Dated 30.11.2017 Under Section 143(3) Of The Income-Tax Act, 1961 (Hereinafter ‘The Act’). 2. The First Issue Raised By Assessee In Its Appeal Is As Regards To The Assumption Of Jurisdiction By The Assessing Hazelnut Constructions Pvt. Ltd.; Ay; 2015-16 Officer For “Complete Scrutiny” Whereas The Case Was Selected For “Limited Scrutiny” Under Cass For The Assessment Year 2015-16. For This, Assessee Has Raised The Following Ground No.1: -

For Appellant: Shri Chetan Karia, ARFor Respondent: Shri Akhtar Ansari, DR
Section 142(1)Section 143Section 143(2)Section 143(3)

…fore, validly issued under section 119. As such, the circular would be binding on the department. The other judgment on which reliance was placed by the department was a judgment of a Bench of two Judges of this Court in Kerala Financial Corpn. v. CIT [1994] 210 ITR 129/ 75 Taxman 573, where this court, following the majority view in State Bank of Travancore's case (supra) held that interest Hazelnut Constructions Pvt. Ltd.; AY; 2015-16 which has accrued on a 'stricky' advance has to be treated as income of the assessee and taxable as such. It is said that ultimately, if the advance takes the shape of a bad debt…

Uniworth Limited, Kolkata vs. DCIT, Circle - 11, Kolkata

In the result, appeals filed by the assessee in ITA No

ITA 2554/KOL/2017[2006-07]Status: DisposedITAT Kolkata20 Jan 2020AY 2006-07

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am

For Appellant: Shri N.M. Bhansali, AdvocateFor Respondent: Shri Supriyo Pal, JCIT, Sr. DR
Section 143(1)Section 143(3)Section 147Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL “A”, BENCH KOLKATA BEFORE SHRI A. T. VARKEY, JM & DR. A.L. SAINI, AM ITA Nos.2552, 2553 & 2554/Kol/2017 (Assessment Years: 2003-04, 2004-05 & 2006-07) Vs. ACIT, Circle-11, Kolkata. Uniworth Limited Rawdon Chambers, 11A, Sarojini Naidu Sarani, Kolkata – 700017. "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AAACW2805Q .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Appellant by : Shri N.M. Bhansali, Advocate Revenue by : Shri Supriyo Pal, JCIT, Sr. DR सुनवाई क" तार"ख / Date of Hearing : 23/10/2019 घोषणा क" तार"ख/Date of Pronouncement : 20/01/2020 आदेश / O R D E R Per Dr. A. L. Saini,…

Uniworth Limited, Kolkata vs. ACIT, Circle - 11, Kolkata

In the result, appeals filed by the assessee in ITA No

ITA 2553/KOL/2017[2004-05]Status: DisposedITAT Kolkata20 Jan 2020AY 2004-05

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am

For Appellant: Shri N.M. Bhansali, AdvocateFor Respondent: Shri Supriyo Pal, JCIT, Sr. DR
Section 143(1)Section 143(3)Section 147Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL “A”, BENCH KOLKATA BEFORE SHRI A. T. VARKEY, JM & DR. A.L. SAINI, AM ITA Nos.2552, 2553 & 2554/Kol/2017 (Assessment Years: 2003-04, 2004-05 & 2006-07) Vs. ACIT, Circle-11, Kolkata. Uniworth Limited Rawdon Chambers, 11A, Sarojini Naidu Sarani, Kolkata – 700017. "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AAACW2805Q .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Appellant by : Shri N.M. Bhansali, Advocate Revenue by : Shri Supriyo Pal, JCIT, Sr. DR सुनवाई क" तार"ख / Date of Hearing : 23/10/2019 घोषणा क" तार"ख/Date of Pronouncement : 20/01/2020 आदेश / O R D E R Per Dr. A. L. Saini,…

Uniworth Limited, Kolkata vs. DCIT, Circle - 11, Kolkata

In the result, appeals filed by the assessee in ITA No

ITA 2552/KOL/2017[2003-04]Status: DisposedITAT Kolkata20 Jan 2020AY 2003-04

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am

For Appellant: Shri N.M. Bhansali, AdvocateFor Respondent: Shri Supriyo Pal, JCIT, Sr. DR
Section 143(1)Section 143(3)Section 147Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL “A”, BENCH KOLKATA BEFORE SHRI A. T. VARKEY, JM & DR. A.L. SAINI, AM ITA Nos.2552, 2553 & 2554/Kol/2017 (Assessment Years: 2003-04, 2004-05 & 2006-07) Vs. ACIT, Circle-11, Kolkata. Uniworth Limited Rawdon Chambers, 11A, Sarojini Naidu Sarani, Kolkata – 700017. "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AAACW2805Q .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Appellant by : Shri N.M. Bhansali, Advocate Revenue by : Shri Supriyo Pal, JCIT, Sr. DR सुनवाई क" तार"ख / Date of Hearing : 23/10/2019 घोषणा क" तार"ख/Date of Pronouncement : 20/01/2020 आदेश / O R D E R Per Dr. A. L. Saini,…

J.P Tobaco Products Pvt. Ltd vs. Dy. Comissioner of Income Tax(TDS)

In the result, the assessee‘s appeals are allowed

ITA 156/JAB/2015[2011-12]Status: DisposedITAT Jabalpur20 Dec 2019AY 2011-12

Bench: Shri Bhavnesh Saini & Shri Sanjay Arora

Section 195Section 195(1)Section 195(2)Section 201Section 201(1)

…I.T.A. No.155 & 156/JAB/2015 1 IN THE INCOME TAX APPELLATE TRIBUNAL JABALPUR BENCH, JABALPUR BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI SANJAY ARORA, ACCOUNTANT MEMBER ITA No.155& 156/JAB/2015 F.Ys.:2009-10 & 2010-11 Assessment Years 2010-11 & 2011-12 J.P. Tobacco Products Pvt. Ltd., vs. Dy. Commissioner of Income Tax (TDS), Patharia Phatak, Jabalpur Damoh. (M.P.) [TAN:JBPJ00523F] (Appellant) (Respondent) Appellant by Shri G.N. Purohit, Senior Advocate And Shri Abhijit Srivastava, Advocate Respondent by Shri I.B. Khandel, Senior DR Date of hearing 11/12/2019 Date of pronouncement 20/12/2019 O R D E…

J.P Tobaco Products Pvt. Ltd vs. Dy. Comissioner of Income Tax(TDS)

In the result, the assessee‘s appeals are allowed

ITA 155/JAB/2015[2010-11]Status: DisposedITAT Jabalpur20 Dec 2019AY 2010-11

Bench: Shri Bhavnesh Saini & Shri Sanjay Arora

Section 195Section 195(1)Section 195(2)Section 201Section 201(1)

…I.T.A. No.155 & 156/JAB/2015 1 IN THE INCOME TAX APPELLATE TRIBUNAL JABALPUR BENCH, JABALPUR BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI SANJAY ARORA, ACCOUNTANT MEMBER ITA No.155& 156/JAB/2015 F.Ys.:2009-10 & 2010-11 Assessment Years 2010-11 & 2011-12 J.P. Tobacco Products Pvt. Ltd., vs. Dy. Commissioner of Income Tax (TDS), Patharia Phatak, Jabalpur Damoh. (M.P.) [TAN:JBPJ00523F] (Appellant) (Respondent) Appellant by Shri G.N. Purohit, Senior Advocate And Shri Abhijit Srivastava, Advocate Respondent by Shri I.B. Khandel, Senior DR Date of hearing 11/12/2019 Date of pronouncement 20/12/2019 O R D E…

The Deputy Commissioner of Income Tax, Circle-3, Guwahati vs. M/S. Numaligarh Refinery Ltd., Guwahati

In the result, appeals of the assessee in I

ITA 278/GTY/2018[2015-16]Status: DisposedITAT Guwahati13 Sept 2019AY 2015-16

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR
Section 80

…ding effect in the interpretation of the provisions itself or that the Tribunal and the High Court are supposed to interpret the law in the light of the Numaligarh Refinery Limited Circular. The Apex Court in case of Kerala Financial Corporation V CIT (1994) 210 ITR 129(SC) has observed that circulars, orders, instruction or direction of the Board cannot override the provisions of the Act; that would be destructive of all known principles of law as the same would really amount to giving power to delegated authority to even amend the provisions of law enacted by Parliament. Such a contention cannot seriously be e…

Deputy Commissioner of Income Tax, Circle - 03, Guwahati vs. Numaligarh Refinery Limited, Guwahati

In the result, appeals of the assessee in I

ITA 28/GTY/2017[2013-14]Status: DisposedITAT Guwahati13 Sept 2019AY 2013-14

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR
Section 80

…ding effect in the interpretation of the provisions itself or that the Tribunal and the High Court are supposed to interpret the law in the light of the Numaligarh Refinery Limited Circular. The Apex Court in case of Kerala Financial Corporation V CIT (1994) 210 ITR 129(SC) has observed that circulars, orders, instruction or direction of the Board cannot override the provisions of the Act; that would be destructive of all known principles of law as the same would really amount to giving power to delegated authority to even amend the provisions of law enacted by Parliament. Such a contention cannot seriously be e…

Numaligarh Refinery Limited, Guwahati vs. Deputy Commissioner of Income Tax, Circle - 03, Guwahati

In the result, appeals of the assessee in I

ITA 27/GTY/2017[2013-14]Status: DisposedITAT Guwahati13 Sept 2019AY 2013-14

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR
Section 80

…ding effect in the interpretation of the provisions itself or that the Tribunal and the High Court are supposed to interpret the law in the light of the Numaligarh Refinery Limited Circular. The Apex Court in case of Kerala Financial Corporation V CIT (1994) 210 ITR 129(SC) has observed that circulars, orders, instruction or direction of the Board cannot override the provisions of the Act; that would be destructive of all known principles of law as the same would really amount to giving power to delegated authority to even amend the provisions of law enacted by Parliament. Such a contention cannot seriously be e…

The Deputy Commissioner of Income Tax, Circle-3, Guwahati vs. M/S. Numaligarh Refinery Ltd., Guwahati

In the result, appeals of the assessee in I

ITA 98/GTY/2016[2012-13]Status: DisposedITAT Guwahati13 Sept 2019AY 2012-13

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR
Section 80

…ding effect in the interpretation of the provisions itself or that the Tribunal and the High Court are supposed to interpret the law in the light of the Numaligarh Refinery Limited Circular. The Apex Court in case of Kerala Financial Corporation V CIT (1994) 210 ITR 129(SC) has observed that circulars, orders, instruction or direction of the Board cannot override the provisions of the Act; that would be destructive of all known principles of law as the same would really amount to giving power to delegated authority to even amend the provisions of law enacted by Parliament. Such a contention cannot seriously be e…

The Deputy Commissioner of Income Tax, Circle-3, Guwahati vs. M/S. Numaligarh Refinery Ltd., Guwahati

In the result, appeals of the assessee in I

ITA 97/GTY/2016[2011-12]Status: DisposedITAT Guwahati13 Sept 2019AY 2011-12

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR
Section 80

…ding effect in the interpretation of the provisions itself or that the Tribunal and the High Court are supposed to interpret the law in the light of the Numaligarh Refinery Limited Circular. The Apex Court in case of Kerala Financial Corporation V CIT (1994) 210 ITR 129(SC) has observed that circulars, orders, instruction or direction of the Board cannot override the provisions of the Act; that would be destructive of all known principles of law as the same would really amount to giving power to delegated authority to even amend the provisions of law enacted by Parliament. Such a contention cannot seriously be e…

M/S. Numaligarh Refinery Ltd., Guwahati vs. The Deputy Commissioner of Income Tax, Circle-3, Guwahati

In the result, appeals of the assessee in I

ITA 90/GTY/2016[2012-13]Status: DisposedITAT Guwahati13 Sept 2019AY 2012-13

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR
Section 80

…ding effect in the interpretation of the provisions itself or that the Tribunal and the High Court are supposed to interpret the law in the light of the Numaligarh Refinery Limited Circular. The Apex Court in case of Kerala Financial Corporation V CIT (1994) 210 ITR 129(SC) has observed that circulars, orders, instruction or direction of the Board cannot override the provisions of the Act; that would be destructive of all known principles of law as the same would really amount to giving power to delegated authority to even amend the provisions of law enacted by Parliament. Such a contention cannot seriously be e…

M/S. Numaligarh Refinery Ltd., Guwahati vs. The Deputy Commissioner of Income Tax, Circle-3, Guwahati

In the result, appeals of the assessee in I

ITA 89/GTY/2016[2010-11]Status: DisposedITAT Guwahati13 Sept 2019AY 2010-11

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR
Section 80

…ding effect in the interpretation of the provisions itself or that the Tribunal and the High Court are supposed to interpret the law in the light of the Numaligarh Refinery Limited Circular. The Apex Court in case of Kerala Financial Corporation V CIT (1994) 210 ITR 129(SC) has observed that circulars, orders, instruction or direction of the Board cannot override the provisions of the Act; that would be destructive of all known principles of law as the same would really amount to giving power to delegated authority to even amend the provisions of law enacted by Parliament. Such a contention cannot seriously be e…

M/S. Numaligarh Refinery Ltd., Guwahati vs. The Deputy Commissioner of Income Tax, Circle-3, Guwahati

In the result, appeals of the assessee in I

ITA 8/GTY/2014[2010-11]Status: DisposedITAT Guwahati13 Sept 2019AY 2010-11

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR
Section 80

…ding effect in the interpretation of the provisions itself or that the Tribunal and the High Court are supposed to interpret the law in the light of the Numaligarh Refinery Limited Circular. The Apex Court in case of Kerala Financial Corporation V CIT (1994) 210 ITR 129(SC) has observed that circulars, orders, instruction or direction of the Board cannot override the provisions of the Act; that would be destructive of all known principles of law as the same would really amount to giving power to delegated authority to even amend the provisions of law enacted by Parliament. Such a contention cannot seriously be e…

M/S. Numaligarh Refinery Ltd., Guwahati vs. The Deputy Commissioner of Income Tax, Circle-3, Guwahati

In the result, appeals of the assessee in I

ITA 7/GTY/2014[2009-10]Status: DisposedITAT Guwahati13 Sept 2019AY 2009-10

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR
Section 80

…ding effect in the interpretation of the provisions itself or that the Tribunal and the High Court are supposed to interpret the law in the light of the Numaligarh Refinery Limited Circular. The Apex Court in case of Kerala Financial Corporation V CIT (1994) 210 ITR 129(SC) has observed that circulars, orders, instruction or direction of the Board cannot override the provisions of the Act; that would be destructive of all known principles of law as the same would really amount to giving power to delegated authority to even amend the provisions of law enacted by Parliament. Such a contention cannot seriously be e…

M/S. Numaligarh Refinery Ltd., Guwahati vs. The Deputy Commissioner of Income Tax, Circle-3, Guwahati

In the result, appeals of the assessee in I

ITA 5/GTY/2014[2007-08]Status: DisposedITAT Guwahati13 Sept 2019AY 2007-08

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR
Section 80

…ding effect in the interpretation of the provisions itself or that the Tribunal and the High Court are supposed to interpret the law in the light of the Numaligarh Refinery Limited Circular. The Apex Court in case of Kerala Financial Corporation V CIT (1994) 210 ITR 129(SC) has observed that circulars, orders, instruction or direction of the Board cannot override the provisions of the Act; that would be destructive of all known principles of law as the same would really amount to giving power to delegated authority to even amend the provisions of law enacted by Parliament. Such a contention cannot seriously be e…

Dy.Commissioner of Income Tax, Circle-16(2), Hyderabad vs. Maruti Securities Limited, Secundrabad

In the result, appeal filed by the Revenue is allowed for statistical purposes

ITA 1651/HYD/2017[2013-14]Status: DisposedITAT Hyderabad23 Mar 2018AY 2013-14

Bench: Smt. P.Madhavi Devi & Shri D.S. Sunder Singh

For Appellant: Shri K. Sai PrasadFor Respondent: Smt. N. Swapna, DR

…section 119 of the Income-tax Act. As such, the circular would be binding on the Department. The other judgment on which reliance was placed by the Department was a judgment of a Bench of two judges of this court in Kerala Financial Corporation v. CIT [1994] 210 ITR 129, where this court, following the majority view in State Bank of Travancore v. CIT [1986] 158 ITR 102 (SC), held that interest which had accrued on a "sticky" advance has to be treated as income of the assessee and taxable as such. It is said that ultimately, if the advance takes the shape of a bad debt, refund of the tax paid on the interest woul…

ITO (It), Kolkata vs. M/S. Electrosteel Casting Limited., Kolkata

In the result, the appeal of the revenue is dismissed

ITA 2249/KOL/2014[2011-2012]Status: DisposedITAT Kolkata07 Jul 2017AY 2011-2012

Bench: Hon’Ble Sri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 2249/Kol/2014 Assessment Year : 2011-12 I.T.O. (International Taxation), -Vs.- M/S. Electrosteel Casting Ltd. Kolkata Kolkata [Pan : Aaace 4975 B] (Respondent) (Appellant) For The Appellant : None For The Respondent : Shri Ravi Tulsiyan, Fca Date Of Hearing : 14.06.2017. Date Of Pronouncement : 07.07.2017 Order

For Appellant: NoneFor Respondent: Shri Ravi Tulsiyan, FCA
Section 143(3)Section 195Section 201Section 5(2)Section 9(1)(i)

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH : KOLKATA [Before Hon’ble Sri A.T.Varkey, JM & Shri M.Balaganesh, AM ] I.T.A No. 2249/Kol/2014 Assessment Year : 2011-12 I.T.O. (International Taxation), -vs.- M/s. Electrosteel Casting Ltd. Kolkata Kolkata [PAN : AAACE 4975 B] (Respondent) (Appellant) For the Appellant : None For the Respondent : Shri Ravi Tulsiyan, FCA Date of Hearing : 14.06.2017. Date of Pronouncement : 07.07.2017 ORDER Per M.Balaganesh, AM 1. This appeal of the assessee arises out of the order of the Learned Commissioner of Income Tax (Appeals) -VI, Kolkata [ in short the ld CITA] in App…

The ACIT, (OSD), Range-1, Ahmedabad vs. Cadila Health Care Ltd., Ahmedabad

In the result, the appeal of the Revenue is dismissed

ITA 611/AHD/2014[2006-07]Status: DisposedITAT Ahmedabad31 May 2017AY 2006-07

Bench: Shri R.P. Tolani & Shri Pradip Kumar Kediaआयकर अपील सं./I.T.A. No.611/Ahd/2014 ("नधा"रण वष" / Assessment Year : 2006-07)

For Appellant: Shri R.I. Patel, CIT-DRFor Respondent: Shri Jigar M.Patel, AR
Section 115WSection 271Section 271(1)(d)

…ication issued by the CBDT vide Question No. 14 in Circular No. 8 of 2005 (supra) seeks to enlarge the scope of levy of FBT, which is not supported by the language of the statute. The Hon 'ble Supreme Court in the case of Kerala Financial Corpn. V. CIT (1994) 210 ITR 129/ 75 Taxman 573 (SC) has clearly opined that the Circulars issued by CBDT cannot override the provisions of the Act. In any case, it is quite well-settled that an executive instruction/circular cannot create any additional liability on the assessee. Secondly it is also to be appreciated that the stand of the Revenue is also not in consonance with…