Kerala State Electricity Board v. DCIT

329 ITR 91High Court2010#1632 most cited

What is Kerala State Electricity Board v. DCIT authority for?

Section 43B does not apply to electricity duty collected by an assessee under the Electricity Duty Act, as such amounts are not 'sums payable by the assessee by way of tax or duty'. The decision also clarifies the applicability and calculation of book profits under Section 115JB.

69

judgments rely on this decision, according to BharatTax’s citation analysis of 366,418 Indian tax judgments — from 2015 to 2025.

Also referred to as

Kerala State Electricity Board v. DCIT · 329 ITR 91 · Section 43B · Section 115JB · electricity duty collected · sum payable by assessee by way of tax · applicability of Section 43B · Minimum Alternate Tax (MAT) · book profit calculation · Electricity Duty Act · deemed total income · interpretation of 115JB

Sections most often in play

Section 43BSection 143(1)Section 143(2)Section 143(3)Section 40(a)(ia)
Read the full judgment

Issues it is cited on

section 2(7)section 120(4)(b)section 120(1)section 2(7a)section 163section 2(17)section 115jasection 2(c)section 120interest u/s 234csection 47section 156

Judgments citing Kerala State Electricity Board v. DCIT

Tata Power Delhi Distributor Ltd., New Delhi vs. ACIT, New Delhi

In the result, all the appeals of the assessee in ITA No 2784/DEL/2013, and ITA

ITA 5368/DEL/2013[2009-10]Status: DisposedITAT Delhi14 Jun 2019AY 2009-10

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble[A.Y 2008-09] & [A.Y 2007-08] & [A.Y 2009-10] Tata Power Delhi Distribution Ltd Vs. The Addl. C.I.T [Earlier Known As North Delhi Power Ltd Range – 13, Ndpl House, Hudson Line, New Delhi Kingsway Camp, New Delhi Pan No: Aabcn 6808 R [A.Y 2008-09] & [A.Y 2007-08] & [A.Y 2009-10] The A.C.I.T Vs. Tata Power Delhi Distribution Ltd Range – 13, [Earlier Known As North Delhi Power Ltd New Delhi Ndpl House, Hudson Line, Kingsway Camp, New Delhi Pan No: Aabcn 6808 R [Appellant] [Respondent]

For Appellant: Shri S.D. Kapila, AdvFor Respondent: Ms.Pramita M. Biswas, CIT- DR
Section 115JSection 2(17)Section 5Section 69

…oever. The same is, accordingly, admitted. 7. In so far as the question of applicability of provisions of section 115JB of the appellant company is concerned, it has been answered by the Hon'ble Kerala High Court in the case of Kerala State Electricity Board 329 ITR 91 in favour of the assessee and against the revenue. The Hon'ble High Court has held as under: “Section on 115JB of the Income-tax Act, 1961creates a legal fiction regarding the total income of assessees which are companies. The book profit of the company is deemed to be the total income of the assessee in the circumstances specified in the section…

ACIT, New Delhi vs. M/S. North Delhi Power Ltd. (Now Tata Power Delhi Distribution Ltd.), Delhi

In the result, all the appeals of the assessee in ITA No 2784/DEL/2013, and ITA

ITA 4055/DEL/2013[2008-09]Status: DisposedITAT Delhi14 Jun 2019AY 2008-09

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble[A.Y 2008-09] & [A.Y 2007-08] & [A.Y 2009-10] Tata Power Delhi Distribution Ltd Vs. The Addl. C.I.T [Earlier Known As North Delhi Power Ltd Range – 13, Ndpl House, Hudson Line, New Delhi Kingsway Camp, New Delhi Pan No: Aabcn 6808 R [A.Y 2008-09] & [A.Y 2007-08] & [A.Y 2009-10] The A.C.I.T Vs. Tata Power Delhi Distribution Ltd Range – 13, [Earlier Known As North Delhi Power Ltd New Delhi Ndpl House, Hudson Line, Kingsway Camp, New Delhi Pan No: Aabcn 6808 R [Appellant] [Respondent]

For Appellant: Shri S.D. Kapila, AdvFor Respondent: Ms.Pramita M. Biswas, CIT- DR
Section 115JSection 2(17)Section 5Section 69

…oever. The same is, accordingly, admitted. 7. In so far as the question of applicability of provisions of section 115JB of the appellant company is concerned, it has been answered by the Hon'ble Kerala High Court in the case of Kerala State Electricity Board 329 ITR 91 in favour of the assessee and against the revenue. The Hon'ble High Court has held as under: “Section on 115JB of the Income-tax Act, 1961creates a legal fiction regarding the total income of assessees which are companies. The book profit of the company is deemed to be the total income of the assessee in the circumstances specified in the section…

ACIT, New Delhi vs. M/S. North Delhi Power Ltd. (Now Tata Power Delhi Distribution Ltd.), Delhi

In the result, all the appeals of the assessee in ITA No 2784/DEL/2013, and ITA

ITA 4054/DEL/2013[2007-08]Status: DisposedITAT Delhi14 Jun 2019AY 2007-08

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble[A.Y 2008-09] & [A.Y 2007-08] & [A.Y 2009-10] Tata Power Delhi Distribution Ltd Vs. The Addl. C.I.T [Earlier Known As North Delhi Power Ltd Range – 13, Ndpl House, Hudson Line, New Delhi Kingsway Camp, New Delhi Pan No: Aabcn 6808 R [A.Y 2008-09] & [A.Y 2007-08] & [A.Y 2009-10] The A.C.I.T Vs. Tata Power Delhi Distribution Ltd Range – 13, [Earlier Known As North Delhi Power Ltd New Delhi Ndpl House, Hudson Line, Kingsway Camp, New Delhi Pan No: Aabcn 6808 R [Appellant] [Respondent]

For Appellant: Shri S.D. Kapila, AdvFor Respondent: Ms.Pramita M. Biswas, CIT- DR
Section 115JSection 2(17)Section 5Section 69

…oever. The same is, accordingly, admitted. 7. In so far as the question of applicability of provisions of section 115JB of the appellant company is concerned, it has been answered by the Hon'ble Kerala High Court in the case of Kerala State Electricity Board 329 ITR 91 in favour of the assessee and against the revenue. The Hon'ble High Court has held as under: “Section on 115JB of the Income-tax Act, 1961creates a legal fiction regarding the total income of assessees which are companies. The book profit of the company is deemed to be the total income of the assessee in the circumstances specified in the section…

M/S Tata Power Delhi Distribution Ltd., Delhi vs. Addl. CIT, New Delhi

In the result, all the appeals of the assessee in ITA No 2784/DEL/2013, and ITA

ITA 2785/DEL/2013[2007-08]Status: DisposedITAT Delhi14 Jun 2019AY 2007-08

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble[A.Y 2008-09] & [A.Y 2007-08] & [A.Y 2009-10] Tata Power Delhi Distribution Ltd Vs. The Addl. C.I.T [Earlier Known As North Delhi Power Ltd Range – 13, Ndpl House, Hudson Line, New Delhi Kingsway Camp, New Delhi Pan No: Aabcn 6808 R [A.Y 2008-09] & [A.Y 2007-08] & [A.Y 2009-10] The A.C.I.T Vs. Tata Power Delhi Distribution Ltd Range – 13, [Earlier Known As North Delhi Power Ltd New Delhi Ndpl House, Hudson Line, Kingsway Camp, New Delhi Pan No: Aabcn 6808 R [Appellant] [Respondent]

For Appellant: Shri S.D. Kapila, AdvFor Respondent: Ms.Pramita M. Biswas, CIT- DR
Section 115JSection 2(17)Section 5Section 69

…oever. The same is, accordingly, admitted. 7. In so far as the question of applicability of provisions of section 115JB of the appellant company is concerned, it has been answered by the Hon'ble Kerala High Court in the case of Kerala State Electricity Board 329 ITR 91 in favour of the assessee and against the revenue. The Hon'ble High Court has held as under: “Section on 115JB of the Income-tax Act, 1961creates a legal fiction regarding the total income of assessees which are companies. The book profit of the company is deemed to be the total income of the assessee in the circumstances specified in the section…

M/S Tata Power Delhi Distribution Ltd., Delhi vs. Addl. CIT, New Delhi

In the result, all the appeals of the assessee in ITA No 2784/DEL/2013, and ITA

ITA 2784/DEL/2013[2008-09]Status: DisposedITAT Delhi14 Jun 2019AY 2008-09

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble[A.Y 2008-09] & [A.Y 2007-08] & [A.Y 2009-10] Tata Power Delhi Distribution Ltd Vs. The Addl. C.I.T [Earlier Known As North Delhi Power Ltd Range – 13, Ndpl House, Hudson Line, New Delhi Kingsway Camp, New Delhi Pan No: Aabcn 6808 R [A.Y 2008-09] & [A.Y 2007-08] & [A.Y 2009-10] The A.C.I.T Vs. Tata Power Delhi Distribution Ltd Range – 13, [Earlier Known As North Delhi Power Ltd New Delhi Ndpl House, Hudson Line, Kingsway Camp, New Delhi Pan No: Aabcn 6808 R [Appellant] [Respondent]

For Appellant: Shri S.D. Kapila, AdvFor Respondent: Ms.Pramita M. Biswas, CIT- DR
Section 115JSection 2(17)Section 5Section 69

…oever. The same is, accordingly, admitted. 7. In so far as the question of applicability of provisions of section 115JB of the appellant company is concerned, it has been answered by the Hon'ble Kerala High Court in the case of Kerala State Electricity Board 329 ITR 91 in favour of the assessee and against the revenue. The Hon'ble High Court has held as under: “Section on 115JB of the Income-tax Act, 1961creates a legal fiction regarding the total income of assessees which are companies. The book profit of the company is deemed to be the total income of the assessee in the circumstances specified in the section…

Kerala State Electricity Board Ltd, Thiruvananthapuram vs. The ACIT, Cir-1(1), Tvm

In the result, the appeals filed by the assessee as well as by the Revenue are dismissed

ITA 30/COCH/2018[2009-10]Status: DisposedITAT Cochin01 Nov 2018AY 2009-10

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. No.29/Coch/2018 Assessment Year : 2009-10 The Assistant Commissioner Of Vs. M/S. Kerala State Electricity Board, Income-Tax,Circle-1(1), Vydyuthi Bhavan, Pattom, Trivandrum. Trivandrum-695 004. [Pan:Aabck 5896J]

Section 28Section 43B

…the I.T. Act amounting to Rs.248,91,12,986/- bein the electricity duty payable to Govt. of Kerala. 2. The CIT(A) failed to note that the Hon’ble Kerala High Court’s decision in the assessee’s owncase for the earlier years (AYs 2002-03 to 2005-06) reported in 329 ITR 91 and relied on by him has not become conclusive as the SLP filed by the department is pendin before the Apex Court s 3. The CIT(A) ought to have noticed that the electricity duty payable to Govt. of Kerala were receipts by the assessee which were kept outside the P&L account to take a stand that these are not expenses to be disallowed u/s. 43B and…

ACIT, Trivandrum vs. Kerala State Electricity Board, Trivandrum

In the result, the appeals filed by the assessee as well as by the Revenue are dismissed

ITA 29/COCH/2018[2009-10]Status: DisposedITAT Cochin01 Nov 2018AY 2009-10

Bench: S/Shri Chandra Poojari, Am & George George K., Jm I.T.A. No.29/Coch/2018 Assessment Year : 2009-10 The Assistant Commissioner Of Vs. M/S. Kerala State Electricity Board, Income-Tax,Circle-1(1), Vydyuthi Bhavan, Pattom, Trivandrum. Trivandrum-695 004. [Pan:Aabck 5896J]

Section 28Section 43B

…the I.T. Act amounting to Rs.248,91,12,986/- bein the electricity duty payable to Govt. of Kerala. 2. The CIT(A) failed to note that the Hon’ble Kerala High Court’s decision in the assessee’s owncase for the earlier years (AYs 2002-03 to 2005-06) reported in 329 ITR 91 and relied on by him has not become conclusive as the SLP filed by the department is pendin before the Apex Court s 3. The CIT(A) ought to have noticed that the electricity duty payable to Govt. of Kerala were receipts by the assessee which were kept outside the P&L account to take a stand that these are not expenses to be disallowed u/s. 43B and…

DCIT, New Delhi vs. M/S. North Delhi Power Ltd., Delhi

In the result, appeal of the assessee in ITA No

ITA 31/DEL/2014[2006-07]Status: DisposedITAT Delhi29 Oct 2018AY 2006-07

Bench: Shri G.D. Agarwal & Shri K.Narasimha Charyassessment Year: 2006-07 North Delhi Power Ltd., Vs Acit, Range – 13, Grid Sub Station Building, Delhi Hudson Lines, Kingsway Camp, New Delhi Pan: Aabcn6808R & Ita No.31/Del/2014 Assessment Year: 2006-07 Dcit, Range – 13, Vs North Delhi Power Ltd., Delhi Grid Sub Station Building, Hudson Lines, Kingsway Camp, New Delhi Pan: Aabcn6808R Appellant Respondent Assessee By Shri S.D. Kapila,Advocate Shri R.R. Maurya, Advocate Shri Pravesh Sharma, Advocate Revenue By Ms Shefali Swaroop, Cit Dr Date Of Hearing 8.10.2018 Date Of Pronouncement 29.10.2018

Section 143(3)Section 14A

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘E’ NEW DELHI BEFORE SHRI G.D. AGARWAL, PRESIDENT & SHRI K.NARASIMHA CHARY, JUDICIAL MEMBER Assessment Year: 2006-07 North Delhi Power Ltd., vs ACIT, Range – 13, Grid Sub Station Building, Delhi Hudson Lines, Kingsway Camp, New Delhi PAN: AABCN6808R AND ITA No.31/Del/2014 Assessment Year: 2006-07 DCIT, Range – 13, vs North Delhi Power Ltd., Delhi Grid Sub Station Building, Hudson Lines, Kingsway Camp, New Delhi PAN: AABCN6808R Appellant Respondent Assessee by Shri S.D. Kapila,Advocate Shri R.R. Maurya, Advocate Shri Pravesh Sharma, Advocate Revenue by Ms Shefal…

DCIT, New Delhi vs. M/S North Delhi Power Ltd., New Delhi

In the result, appeal of the assessee in ITA No

ITA 5026/DEL/2010[2006-07]Status: DisposedITAT Delhi29 Oct 2018AY 2006-07

Bench: Shri G.D. Agarwal & Shri K.Narasimha Charyassessment Year: 2006-07 North Delhi Power Ltd., Vs Acit, Range – 13, Grid Sub Station Building, Delhi Hudson Lines, Kingsway Camp, New Delhi Pan: Aabcn6808R & Ita No.31/Del/2014 Assessment Year: 2006-07 Dcit, Range – 13, Vs North Delhi Power Ltd., Delhi Grid Sub Station Building, Hudson Lines, Kingsway Camp, New Delhi Pan: Aabcn6808R Appellant Respondent Assessee By Shri S.D. Kapila,Advocate Shri R.R. Maurya, Advocate Shri Pravesh Sharma, Advocate Revenue By Ms Shefali Swaroop, Cit Dr Date Of Hearing 8.10.2018 Date Of Pronouncement 29.10.2018

Section 143(3)Section 14A

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘E’ NEW DELHI BEFORE SHRI G.D. AGARWAL, PRESIDENT & SHRI K.NARASIMHA CHARY, JUDICIAL MEMBER Assessment Year: 2006-07 North Delhi Power Ltd., vs ACIT, Range – 13, Grid Sub Station Building, Delhi Hudson Lines, Kingsway Camp, New Delhi PAN: AABCN6808R AND ITA No.31/Del/2014 Assessment Year: 2006-07 DCIT, Range – 13, vs North Delhi Power Ltd., Delhi Grid Sub Station Building, Hudson Lines, Kingsway Camp, New Delhi PAN: AABCN6808R Appellant Respondent Assessee by Shri S.D. Kapila,Advocate Shri R.R. Maurya, Advocate Shri Pravesh Sharma, Advocate Revenue by Ms Shefal…

M/S North Delhi Power Limited, New Delhi vs. ACIT, Delhi

In the result, appeal of the assessee in ITA No

ITA 4848/DEL/2010[2006-07]Status: DisposedITAT Delhi29 Oct 2018AY 2006-07

Bench: Shri G.D. Agarwal & Shri K.Narasimha Charyassessment Year: 2006-07 North Delhi Power Ltd., Vs Acit, Range – 13, Grid Sub Station Building, Delhi Hudson Lines, Kingsway Camp, New Delhi Pan: Aabcn6808R & Ita No.31/Del/2014 Assessment Year: 2006-07 Dcit, Range – 13, Vs North Delhi Power Ltd., Delhi Grid Sub Station Building, Hudson Lines, Kingsway Camp, New Delhi Pan: Aabcn6808R Appellant Respondent Assessee By Shri S.D. Kapila,Advocate Shri R.R. Maurya, Advocate Shri Pravesh Sharma, Advocate Revenue By Ms Shefali Swaroop, Cit Dr Date Of Hearing 8.10.2018 Date Of Pronouncement 29.10.2018

Section 143(3)Section 14A

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘E’ NEW DELHI BEFORE SHRI G.D. AGARWAL, PRESIDENT & SHRI K.NARASIMHA CHARY, JUDICIAL MEMBER Assessment Year: 2006-07 North Delhi Power Ltd., vs ACIT, Range – 13, Grid Sub Station Building, Delhi Hudson Lines, Kingsway Camp, New Delhi PAN: AABCN6808R AND ITA No.31/Del/2014 Assessment Year: 2006-07 DCIT, Range – 13, vs North Delhi Power Ltd., Delhi Grid Sub Station Building, Hudson Lines, Kingsway Camp, New Delhi PAN: AABCN6808R Appellant Respondent Assessee by Shri S.D. Kapila,Advocate Shri R.R. Maurya, Advocate Shri Pravesh Sharma, Advocate Revenue by Ms Shefal…

DCIT 1(2), Mumbai vs. Maharashtra State Elctricity Board, Mumbai

ITA 3559/MUM/2013[2006-07]Status: DisposedITAT Mumbai07 Mar 2018AY 2006-07

Bench: Shri G. S. Pannu, Am & Shri Sandeep Gosain, Jm आयकरअपीलसं./ I.T.A. No. 3559/Mum/2013 (निर्धारणवर्ा / Assessment Year:2006-07)

For Appellant: Shri H. N. Sinha, DRFor Respondent: Shri Niraj Sheth, AR
Section 143(3)Section 251(1)(a)

…submitted that the provisions of section 43B are not applicable in this case and reliance was placed by him on the following judgments: (i)CESC Ldt. Vs. CIT in ITA No.82/110/83/84 of 2004/2005 (ii) Kerala State Electricity Board vs. DCIT reported in (2010) 329 ITR 91 iii) A.W. Figgis & Co. Ltd. vs. CIT reported in (2003) 256 ITR 268 CO No. 160/Mum/2014 Maharashtra State Electricity Board, (iv) CIT vs Ovira Logistics Pvt. Ltd. reported in (2015) 58 taxmann.com 206 33. It was further submitted by Ld. Counsel that the credit for the similar amount was granted by the AO in the assessment order passed for A.Y. 20…

The State Bank of India, Patiala vs. Asstt.Commissioner of Income Tax, Patiala

The appeal of the Revenue is dismissed

ITA 861/CHANDI/2017[2011-12]Status: DisposedITAT Chandigarh09 Feb 2018AY 2011-12

Bench: Shri Sanjay Garg & Ms. Annapurna Guptathe State Bank Of India, Vs. The A.C.I.T., (Successor Of State Bank Of Patiala) Circle Patiala, The Mall, Patiala. Pan: Aaccs0143D & The A.C.I.T., Vs. The State Bank Of India, Circle Patiala, The Mall, Patiala. Pan: Aaccs0143D The A.C.I.T., Vs. The State Bank Of India, Circle Patiala, The Mall, Patiala. Pan: Aaccs0143D The State Bank Of India, Vs. The A.C.I.T., (Successor Of State Bank Of Patiala) Circle Patiala, The Mall, Patiala. Pan: Aaccs0143D & The A.C.I.T., Vs. The State Bank Of India, Circle Patiala, The Mall, Patiala. Pan: Aaccs0143D The State Bank Of India, Vs. The A.C.I.T., (Successor Of State Bank Of Patiala) Circle Patiala, The Mall, Patiala. Pan: Aaccs0143D

For Appellant: Shri C. Naresh, CAFor Respondent: Shri Alok Kumar,CIT DR
Section 36(1)(viii)

…chedule VI of the Company's Act. In support of his contention he has relied upon the following decisions: (i) Kurung Thai Bank PCL dated 30.09.2010 (ITA 3390/Mum/2009) (ii) Maharashtra State Electricity Board (82 ITD 422) (iii) Kerala State Electricity Board (329 ITR 91) (HC) (iv) Union Bank of India dated 30.06.2011 (ITA No. 4702/mum/2010) (v) ICICI Lombard General Insurance Vs. Department of Income Tax (ITA 4286/Mum/2009). 6.2 On the other hand, the Ld. DR has relied upon the orders of authorities below, 6.3 Having considered the rival submissions as well as relevant material on record, we note that this issue…

ACIT, Patiala vs. M/S the State Bank of Patiala, Patiala

The appeal of the Revenue is dismissed

ITA 721/CHANDI/2017[2014-15]Status: DisposedITAT Chandigarh09 Feb 2018AY 2014-15

Bench: Shri Sanjay Garg & Ms. Annapurna Guptathe State Bank Of India, Vs. The A.C.I.T., (Successor Of State Bank Of Patiala) Circle Patiala, The Mall, Patiala. Pan: Aaccs0143D & The A.C.I.T., Vs. The State Bank Of India, Circle Patiala, The Mall, Patiala. Pan: Aaccs0143D The A.C.I.T., Vs. The State Bank Of India, Circle Patiala, The Mall, Patiala. Pan: Aaccs0143D The State Bank Of India, Vs. The A.C.I.T., (Successor Of State Bank Of Patiala) Circle Patiala, The Mall, Patiala. Pan: Aaccs0143D & The A.C.I.T., Vs. The State Bank Of India, Circle Patiala, The Mall, Patiala. Pan: Aaccs0143D The State Bank Of India, Vs. The A.C.I.T., (Successor Of State Bank Of Patiala) Circle Patiala, The Mall, Patiala. Pan: Aaccs0143D

For Appellant: Shri C. Naresh, CAFor Respondent: Shri Alok Kumar,CIT DR
Section 36(1)(viii)

…chedule VI of the Company's Act. In support of his contention he has relied upon the following decisions: (i) Kurung Thai Bank PCL dated 30.09.2010 (ITA 3390/Mum/2009) (ii) Maharashtra State Electricity Board (82 ITD 422) (iii) Kerala State Electricity Board (329 ITR 91) (HC) (iv) Union Bank of India dated 30.06.2011 (ITA No. 4702/mum/2010) (v) ICICI Lombard General Insurance Vs. Department of Income Tax (ITA 4286/Mum/2009). 6.2 On the other hand, the Ld. DR has relied upon the orders of authorities below, 6.3 Having considered the rival submissions as well as relevant material on record, we note that this issue…

M/S Atria Power Corproation Ltd., Bangalore vs. ITO, Bangalore

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

ITA 1394/BANG/2013[2010-11]Status: DisposedITAT Bangalore22 Dec 2017AY 2010-11

Bench: Shri Sunil Kumar Yadav & Shri A.K. Garodiaassessment Year : 2010-11

For Appellant: Shri V. Srinivasan, AdvocateFor Respondent: Shri H.L. Sowmya Achar, Addl. CIT(DR)(ITAT), Bengaluru
Section 115JSection 211Section 234Section 80I

…75/Del/2013 and 404, 584, 3922/Del/2012, in which a similar view was expressed by the Tribunal. The ld. Counsel for the assessee has also invited our attention to the judgment of Hon’ble Kerala High Court in the case of Kerala State Electricity Board v. DCIT, 329 ITR 91 (Ker) in which it was held that State Electricity Board is not a company, bound by the provisions of the Companies Act as to manner of drawing up of profit & loss account or obligation to lay it before company in general meeting. Therefore, the provisions of section 115JB would not be applicable. 13. The ld. DR, on the other hand, has placed reli…

United Bank of India, Kolkata vs. A.C.I.T., Cir -6, Kolkata

In the result, the appeal of the assessee is allowed

ITA 1178/KOL/2007[2003-04]Status: DisposedITAT Kolkata12 Oct 2017AY 2003-04

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Section 115JSection 2(5)Section 211

…Assessment Year: 2003-2004 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA ‘B’ BENCH, KOLKATA Before Shri P.M. Jagtap, Accountant Member and Shri S.S. Viswanethra Ravi, Judicial Member I.T.A. No. 1178/KOL./2007 Assessment year: 2003-2004 United Bank of India,.........................................................Applicant 16, Old Court House Street, Kolkata-700 001 [PAN: AAACU 5624 P] -Vs.- Assistant Commissioner of Income Tax,...................…….....Respondent Circle-6, Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700 069 Appearances by: Shri Soumitra Choudhury, Advocate, for the assessee Md. U…

Bank of India, Mumbai vs. DCIT 2(1), Mumbai

The appeal of the assessee is partly allowed

ITA 2028/MUM/2015[2002-03]Status: DisposedITAT Mumbai10 Apr 2017AY 2002-03

Bench: Shri Joginder Singh & Shri Ramit Kocharassessment Years: 2002-03 Bank Of India, Dcit-2(1), 8Th Floor, Star House, Aayakar Bhavan, बनाम/ Taxation Department, Mumbai-40020 Vs. Bandra Kurla Complex, Bandra (East), Mumbai-400051 ("नधा"रती/Assessee) (राज"व /Revenue) Pa No.:-Aaacb0472C "नधा"रती क" ओर से / Assessee By Shri C. Naresh राज"व क" ओर से / Revenue By Shri Suman Kumar-Dr

Section 115J

…chedule VI of the Company’s Act. In support of his contention he has relied upon the following decisions: (i) Kurung Thai Bank PCL dated 30.09.2010 (ITA 3390/Mum/2009) (ii) Maharashtra State Electricity Board (82 ITD 422) (iii) Kerala State Electricity Board (329 ITR 91) (HC) 4 Bank of India (iv) Union Bank of India dated 30.06.2011 (ITA No. 4702/mum/2010) (v) ICICI Lombard General Insurance Vs. Department of Income Tax (ITA 4286/Mum/2009). 6.2 On the other hand, the Ld. DR has relied upon the orders of authorities below. 6.3 Having considered the rival submissions as well as relevant material on record, we…

Bank of India, Mumbai vs. Asst CIT 2(1), Mumbai

In the result appeal of the assessee is partly allowed

ITA 3001/MUM/2014[2002-03]Status: DisposedITAT Mumbai22 Nov 2016AY 2002-03

Bench: Shri Joginder Singh & Shri Ashwani Tanejaassessment Years: 2002-03 Bank Of India, Dcit-2(1), 8Th Floor, Star House, Taxation Aayakar Bhavan, बनाम/ Department, Bandra Kurla M.K. Road, Vs. Complex, Bandra (East), Mumbai-400020 Mumbai-400051 ("नधा"रती /Assessee) (राज"व /Revenue) Pan. No.Aaacb0472C

Section 115JSection 154Section 211

…chedule VI of the Company’s Act. In support of his contention he has relied upon the following decisions: (i) Kurung Thai Bank PCL dated 30.09.2010 (ITA 3390/Mum/2009) (ii) Maharashtra State Electricity Board (82 ITD 422) (iii) Kerala State Electricity Board (329 ITR 91) (HC) (iv) Union Bank of India dated 30.06.2011 (ITA No. 4702/mum/2010) (v) ICICI Lombard General Insurance Vs. Department of Income Tax (ITA 4286/Mum/2009). 6.2 On the other hand, the Ld. DR has relied upon the orders of authorities below. 4 Bank of India 6.3 Having considered the rival submissions as well as relevant material on record, we not…

Dipsc Limited, Kolkata vs. J.C.I T Cir - VI, Kolkata

In the result, assessee’s appeal in ITA No

ITA 891/KOL/2013[2009-10]Status: DisposedITAT Kolkata10 Aug 2016AY 2009-10

Bench: Shri M. Balaganesh, Am & Shri K. Narasimha Chary, Jm]

For Appellant: Shri Sumen Adak, FCAFor Respondent: Shri Sallong Yaden, Addl. CIT
Section 115Section 115JSection 143(3)Section 14ASection 234

…ated 18.02.1998, Memorandum explaining the provisions in the Finance Bill, 1996, under the caption “Rationalisation and Simplification”, hyden rules, decisions of various High Courts and Tribunal viz. Kerala State Electricity Board Vs. DCIT reported in (2010) 329 ITR 91 (Ker), Maharashtra State Electricity Board Vs. JCIT reported in (2002) 82 ITD 422 (Mum trib.), State Bank of Hyderabad Vs. DCIT reported in (2013) 33 taxmann.com DPSC Limited, AYs 2009-09 & 2009-10 312 (Hyd. Trib.) vide order dated 7.9.2012, ICICI Lombard General Insurance Co. Ltd. Vs. ACIT reported in 2012-TOIL-690 (ITAT, Mum), Bank of India Vs.…

Dpsc Limited, Kolkata vs. D.C.I.T Cir - 6, Kolkata

In the result, assessee’s appeal in ITA No

ITA 1656/KOL/2013[2008-09]Status: DisposedITAT Kolkata10 Aug 2016AY 2008-09

Bench: Shri M. Balaganesh, Am & Shri K. Narasimha Chary, Jm]

For Appellant: Shri Sumen Adak, FCAFor Respondent: Shri Sallong Yaden, Addl. CIT
Section 115Section 115JSection 143(3)Section 14ASection 234

…ated 18.02.1998, Memorandum explaining the provisions in the Finance Bill, 1996, under the caption “Rationalisation and Simplification”, hyden rules, decisions of various High Courts and Tribunal viz. Kerala State Electricity Board Vs. DCIT reported in (2010) 329 ITR 91 (Ker), Maharashtra State Electricity Board Vs. JCIT reported in (2002) 82 ITD 422 (Mum trib.), State Bank of Hyderabad Vs. DCIT reported in (2013) 33 taxmann.com DPSC Limited, AYs 2009-09 & 2009-10 312 (Hyd. Trib.) vide order dated 7.9.2012, ICICI Lombard General Insurance Co. Ltd. Vs. ACIT reported in 2012-TOIL-690 (ITAT, Mum), Bank of India Vs.…

ACIT 2(3), Mumbai vs. Dena Bank, Mumbai

In the result appeal ITA No

ITA 6644/MUM/2013[2006-07]Status: DisposedITAT Mumbai29 Jul 2016AY 2006-07

Bench: Sh. Br Baskaran & Sh Pawan Singh

Section 115Section 115JSection 143(3)Section 154Section 263

…the jurisdictional ITAT in case of Maharashtra state arrested board (82 ITD 422) the provisions of section 115 JB cannot be made applicable to the appellant. Reliance is also placed on the decision of Kerala High Court in case of trailer stated laxity board (329 ITR 91)” 21. We find that in case of Kurang Thai Bank PCL in ITA 339, 0/M/90 for AY 2004-05, it has been held as follows: “ in view of the above discussion, and following the view taken by a coordinate bench in the case of Maharashtra state relaxed the board versus ACIT (82 ITD 422), which holds that provisions of mat cannot be applied to the laxity c…