Keshavji Ravji and Co. v. CIT

82 ITR 913Supreme Court of India1971#431 most cited
209

judgments rely on this decision, according to BharatTax’s citation analysis of 367,368 Indian tax judgments — from 2000 to 2025.

Also referred to as

Keshavji Ravji and Co. v. CIT · Section 269SS penalty · Section 269T penalty · Section 271D penalty · Section 271E penalty · cash transactions penalty · literal interpretation tax law · legislative intent tax · income deemed assessee's · definition of relative

Also reported as

49 Taxmann 87

Sections most often in play

Section 143(3)Section 153ASection 131(1A)Section 132ASection 269SSSection 269TSection 271DSection 271E

Issues it is cited on

section 5(8)closely held companyprincipal director general of income-taxaccumulated profitssection 292bsection 292bbsection 260section 260asection 282section 292section 119section 29

Judgments citing Keshavji Ravji and Co. v. CIT

ACIT, Chennai vs. Bhavani Distilleries and Chemicals Ltd., Chennai

In the result the Revenue’s appeal in ITA No

ITA 1584/CHNY/2014[2009-10]Status: DisposedITAT Chennai14 Nov 2017AY 2009-10

Bench: Shri A.Mohan Alankamony & Shri Duvvuru Rl Reddy

Section 40

…land. Reliance may be placed in the case of Navnit Lal C. Javeri v. K.K. Sen [56 ITR 198 (SC)]. Even if the directions contained in the circular issued by the CBDT deviate from the provisions of the Act, they are binding on the ITO [Ellerman Lines Ltd. v. CIT 82 ITR 913 (SC)] and K.P. Varghese v. ITO 131 ITR 597(SC)]. In view of the above, I am of the considered opinion that the facts of the appellant is covered by the circulars and communications issued by the Board. Further, the jurisdictional High Court has held that there is no distinction between premium on debenture and discount on debenture and the expendi…

ACIT, Chennai vs. M/S. Bhavani Distilleries and Chemicals Limited, Chennai

In the result the Revenue’s appeal in ITA No

ITA 68/CHNY/2012[2008-09]Status: DisposedITAT Chennai14 Nov 2017AY 2008-09

Bench: Shri A.Mohan Alankamony & Shri Duvvuru Rl Reddy

Section 40

…land. Reliance may be placed in the case of Navnit Lal C. Javeri v. K.K. Sen [56 ITR 198 (SC)]. Even if the directions contained in the circular issued by the CBDT deviate from the provisions of the Act, they are binding on the ITO [Ellerman Lines Ltd. v. CIT 82 ITR 913 (SC)] and K.P. Varghese v. ITO 131 ITR 597(SC)]. In view of the above, I am of the considered opinion that the facts of the appellant is covered by the circulars and communications issued by the Board. Further, the jurisdictional High Court has held that there is no distinction between premium on debenture and discount on debenture and the expendi…

ACIT, Chennai vs. M/S. Bhavani Distilleries and Chemicals Ltd., Chennai

In the result the Revenue’s appeal in ITA No

ITA 888/CHNY/2010[2007-08]Status: DisposedITAT Chennai14 Nov 2017AY 2007-08

Bench: Shri A.Mohan Alankamony & Shri Duvvuru Rl Reddy

Section 40

…land. Reliance may be placed in the case of Navnit Lal C. Javeri v. K.K. Sen [56 ITR 198 (SC)]. Even if the directions contained in the circular issued by the CBDT deviate from the provisions of the Act, they are binding on the ITO [Ellerman Lines Ltd. v. CIT 82 ITR 913 (SC)] and K.P. Varghese v. ITO 131 ITR 597(SC)]. In view of the above, I am of the considered opinion that the facts of the appellant is covered by the circulars and communications issued by the Board. Further, the jurisdictional High Court has held that there is no distinction between premium on debenture and discount on debenture and the expendi…

Bhavani Distilleris and Chemicals Ltd., Chennai vs. ACIT, Chennai

In the result the Revenue’s appeal in ITA No

ITA 814/CHNY/2010[2007-08]Status: DisposedITAT Chennai14 Nov 2017AY 2007-08

Bench: Shri A.Mohan Alankamony & Shri Duvvuru Rl Reddy

Section 40

…land. Reliance may be placed in the case of Navnit Lal C. Javeri v. K.K. Sen [56 ITR 198 (SC)]. Even if the directions contained in the circular issued by the CBDT deviate from the provisions of the Act, they are binding on the ITO [Ellerman Lines Ltd. v. CIT 82 ITR 913 (SC)] and K.P. Varghese v. ITO 131 ITR 597(SC)]. In view of the above, I am of the considered opinion that the facts of the appellant is covered by the circulars and communications issued by the Board. Further, the jurisdictional High Court has held that there is no distinction between premium on debenture and discount on debenture and the expendi…

DCIT 8(2), Mumbai vs. Mumbai International Airport P. Ltd, Mumbai

In the result, assessee’s appeals are statistically allowed and revenue’s

ITA 5655/MUM/2014[2011-12]Status: DisposedITAT Mumbai13 Nov 2017AY 2011-12

Bench: Shri P K Bansal & Shri Pawan Singh

For Appellant: Shri Vijay MehtaFor Respondent: Shri Anand Mohan
Section 14ASection 40

…of just, proper and efficient management of work of assessment. However, these are not meant for contradicting or nullifying any provision of the statute. Relying upon its earlier judgement comprising of three judges in the case of Keshavji Ravji & Co vs CIT 183 ITR 1 (SC), it was inter-alia observed that Board cannot pre-empt judicial interpretation and the scope and ambit of a provision of the Act. Also, a circular cannot impose on the taxpayer a burden higher than what the Act itself on a true interpretation, envisages. The task of interpretation of the law is exclusively the domain of the Courts. However, th…

Mumbai International Airport P. Ltd, Mumbai vs. Addl CIT 8(2), Mumbai

In the result, assessee’s appeals are statistically allowed and revenue’s

ITA 4784/MUM/2014[2011-12]Status: DisposedITAT Mumbai13 Nov 2017AY 2011-12

Bench: Shri P K Bansal & Shri Pawan Singh

For Appellant: Shri Vijay MehtaFor Respondent: Shri Anand Mohan
Section 14ASection 40

…of just, proper and efficient management of work of assessment. However, these are not meant for contradicting or nullifying any provision of the statute. Relying upon its earlier judgement comprising of three judges in the case of Keshavji Ravji & Co vs CIT 183 ITR 1 (SC), it was inter-alia observed that Board cannot pre-empt judicial interpretation and the scope and ambit of a provision of the Act. Also, a circular cannot impose on the taxpayer a burden higher than what the Act itself on a true interpretation, envisages. The task of interpretation of the law is exclusively the domain of the Courts. However, th…

DCIT 8(2), Mumbai vs. Mumbai International Airport P.Ltd, Mumbai

In the result, assessee’s appeals are statistically allowed and revenue’s

ITA 5592/MUM/2013[2010-11]Status: DisposedITAT Mumbai13 Nov 2017AY 2010-11

Bench: Shri P K Bansal & Shri Pawan Singh

For Appellant: Shri Vijay MehtaFor Respondent: Shri Anand Mohan
Section 14ASection 40

…of just, proper and efficient management of work of assessment. However, these are not meant for contradicting or nullifying any provision of the statute. Relying upon its earlier judgement comprising of three judges in the case of Keshavji Ravji & Co vs CIT 183 ITR 1 (SC), it was inter-alia observed that Board cannot pre-empt judicial interpretation and the scope and ambit of a provision of the Act. Also, a circular cannot impose on the taxpayer a burden higher than what the Act itself on a true interpretation, envisages. The task of interpretation of the law is exclusively the domain of the Courts. However, th…

Mumbai International Airport P.Ltd, Mumbai vs. Addl CIT RG 8(2), Mumbai

In the result, assessee’s appeals are statistically allowed and revenue’s

ITA 4911/MUM/2013[2010-11]Status: DisposedITAT Mumbai13 Nov 2017AY 2010-11

Bench: Shri P K Bansal & Shri Pawan Singh

For Appellant: Shri Vijay MehtaFor Respondent: Shri Anand Mohan
Section 14ASection 40

…of just, proper and efficient management of work of assessment. However, these are not meant for contradicting or nullifying any provision of the statute. Relying upon its earlier judgement comprising of three judges in the case of Keshavji Ravji & Co vs CIT 183 ITR 1 (SC), it was inter-alia observed that Board cannot pre-empt judicial interpretation and the scope and ambit of a provision of the Act. Also, a circular cannot impose on the taxpayer a burden higher than what the Act itself on a true interpretation, envisages. The task of interpretation of the law is exclusively the domain of the Courts. However, th…

DCIT 8(2), Mumbai vs. Mumbai Internaiotnal Airport P.Ltd, Mumbai

In the result, assessee’s appeals are statistically allowed and revenue’s

ITA 4675/MUM/2013[2009-10]Status: DisposedITAT Mumbai13 Nov 2017AY 2009-10

Bench: Shri P K Bansal & Shri Pawan Singh

For Appellant: Shri Vijay MehtaFor Respondent: Shri Anand Mohan
Section 14ASection 40

…of just, proper and efficient management of work of assessment. However, these are not meant for contradicting or nullifying any provision of the statute. Relying upon its earlier judgement comprising of three judges in the case of Keshavji Ravji & Co vs CIT 183 ITR 1 (SC), it was inter-alia observed that Board cannot pre-empt judicial interpretation and the scope and ambit of a provision of the Act. Also, a circular cannot impose on the taxpayer a burden higher than what the Act itself on a true interpretation, envisages. The task of interpretation of the law is exclusively the domain of the Courts. However, th…

Mumbai International Airport P.Ltd, Mumbai vs. Addl CIT RG 8(20, Mumbai

In the result, assessee’s appeals are statistically allowed and revenue’s

ITA 1081/MUM/2013[2009-10]Status: DisposedITAT Mumbai13 Nov 2017AY 2009-10

Bench: Shri P K Bansal & Shri Pawan Singh

For Appellant: Shri Vijay MehtaFor Respondent: Shri Anand Mohan
Section 14ASection 40

…of just, proper and efficient management of work of assessment. However, these are not meant for contradicting or nullifying any provision of the statute. Relying upon its earlier judgement comprising of three judges in the case of Keshavji Ravji & Co vs CIT 183 ITR 1 (SC), it was inter-alia observed that Board cannot pre-empt judicial interpretation and the scope and ambit of a provision of the Act. Also, a circular cannot impose on the taxpayer a burden higher than what the Act itself on a true interpretation, envisages. The task of interpretation of the law is exclusively the domain of the Courts. However, th…

DCIT, Bangalore vs. M/S Bosch Limited, Bangalore

In the result, the assessee's appeals are partly allowed and revenue’s appeal for the A

ITA 750/BANG/2014[2007-08]Status: DisposedITAT Bangalore06 Nov 2017AY 2007-08

Bench: Shri Vijay Pal Rao & Shri Inturi Rama Rao

For Appellant: Shri K.P. Kumar, Senior AdvocateFor Respondent: Shri R.N. Parbat, CIT-III (D.R)
Section 23

…nterpretation to unfold the intention is permissible only where the language is ambiguous. There are a plethora of decisions of the Apex Court which support this proposition namely; • Smt. Tarulata Shyam Vs CIT 108 ITR 345 (SC) • Keshavji Ravji Vs CIT (1990) 183 ITR 1 • Guru Devdata VKSSS Maryadit Vs State of Maharashtra AIR 2001 SC 1980. • CIT Vs Anjum M.H. Ghaswala (2001) 252 ITR 1 • Prakash Nath Khanna and Anr Vs CIT & Anr 266 ITR 1. The above judgments make it clear beyond a shadow of doubt that Courts are not required to look into the object or intention of the Legislature by resorting to aids to interpreta…

Addl CIT 8(2), Mumbai vs. Mumbai International Airport P. Ltd, Mumbai

ITA 3232/MUM/2012[2008-09]Status: DisposedITAT Mumbai30 Nov 2016AY 2008-09

Bench: Shri Mahavir Singh & Shri Ashwani Tanejaassessment Year: 2008-09

Section 143(3)Section 40

…of just, proper and efficient management of work of assessment. However, these are not meant for contradicting or nullifying any provision of the statute. Relying upon its earlier judgement comprising of three judges in the case of Keshavji Ravji & Co vs CIT 183 ITR 1 (SC), it was inter-alia observed that Board cannot pre-empt judicial interpretation and the scope and ambit of a provision of the Act. Also, a circular cannot impose on the taxpayer a burden higher than what the Act itself on a true interpretation, envisages. The task of interpretation of the law is exclusively the domain of the Courts. However, th…

Mumbai International Airport P. Ltd, Mumbai vs. Addl CIT RG 8(2), Mumbai

ITA 2760/MUM/2012[2008-09]Status: DisposedITAT Mumbai30 Nov 2016AY 2008-09

Bench: Shri Mahavir Singh & Shri Ashwani Tanejaassessment Year: 2008-09

Section 143(3)Section 40

…of just, proper and efficient management of work of assessment. However, these are not meant for contradicting or nullifying any provision of the statute. Relying upon its earlier judgement comprising of three judges in the case of Keshavji Ravji & Co vs CIT 183 ITR 1 (SC), it was inter-alia observed that Board cannot pre-empt judicial interpretation and the scope and ambit of a provision of the Act. Also, a circular cannot impose on the taxpayer a burden higher than what the Act itself on a true interpretation, envisages. The task of interpretation of the law is exclusively the domain of the Courts. However, th…

M/S. Bharti Airtel Ltd., New Delhi vs. Addl. CIT, New Delhi

In the result appeal of the assessee with respect to ground No

ITA 5816/DEL/2012[2008-09]Status: DisposedITAT Delhi24 Oct 2016AY 2008-09

Bench: Shri I.C.Sudhir & Shri Prashant Maharishibharti Airtel Ltd, Addl Cit, Bharti Crescent, 1, Vs. Range-2, Cr Building, Ip Nelson Mandela Road, Vasant Estate, New Delhi Kunj, New Delhi Pan:Aaacb2894G (Appellant) (Respondent) Bharti Airtel Ltd, Addl Cit, Bharti Crescent, 1, Vs. Range-2, Cr Building, Ip Nelson Mandela Road, Vaxant Estate, New Delhi Kunj, New Delhi Pan:Aaacb2894G (Appellant) (Respondent)

For Appellant: Sh. Ajay Vohra, SrFor Respondent: Sh. NC Swain, CIT DR (OSD)
Section 201Section 254Section 40

…substance of law. Reliance in this regard is placed on the following decisions: i. CIT vs. Sodra Devi: 32 ITR 615 (SC) ii. Tarulata Shyam vs. CIT: 108 ITR 345 (SC) iii. CIT vs. Sundaram Iyengar& Sons Pvt. Ltd: 101 ITR 764 (SC) iv. Keshavji Ravji & Co vs. CIT: 183 ITR 1 (SC) c) It may, in this regard, also be pertinent to note that Rule 30 of the Income-tax Rules, 1962 ("the Rules") provides for time and mode of payment of TDS to the Government. A cursory reading of the rule shows that it only covers situations where tax is deducted at source as and when required in law. It does not envisage a situation where paym…

Taurian Iron & Steel Co. P.Ltd, Mumbai vs. Addl CIT RG 4(3), Mumbai

In the result, appeal of the assessee is partly allowed, in terms indicated hereinabove

ITA 5920/MUM/2012[2008-09]Status: DisposedITAT Mumbai16 Sept 2016AY 2008-09
For Appellant: Shri K.B.DesaiFor Respondent: Shri N.K.Chand
Section 143(3)Section 250(6)

…) (xvi). UCO Bank Ltd. VS. CIT (237 ITR 889)(SC). (xvii).Anjuman M.I1 Ghaswala (252 ITR 1)(SC) (xviii). K.P Varghese (131 ITR 597)(SC) (xix). Dhiren Chemicals (254 ITR 554) (xx). Navnitlal C. Jhaveri (56 ITR 198 at 203)(SC) (xxi). Ellerman Lines Ltd. Vs. CIT (82 ITR 913, at 920-21)(SC) , and thus submitted that as the A.O had erred in not following the CBDT Circular No. 5 (supra), therefore his action may be vacated. 8. The Ld. A.R further referring to another CBDT Circular No. 9; Pt. 19.11. 2013, wherein the anomaly as had crept in Para 45.5 of the Circular No. 5; Pt. 03.06.2010, as regards the date of applicabi…

Bosch Limited, Bangalore vs. ACIT, Bangalore

ITA 671/BANG/2011[2005-06]Status: DisposedITAT Bangalore08 Sept 2016AY 2005-06

Bench: Shri A.K.Garodia, Accounant Member & Smt. Asha Vijayaraghavan

For Appellant: Shri Percy Pardiwala, Sr CounselFor Respondent: Shri G.R.Reddy, CIT-I
Section 154Section 92C(2)

…nterpretation to unfold the intention is permissible only where the language is ambiguous. There are a plethora of decisions of the Apex Court which support this proposition namely; • Smt. Tarulata Shyam Vs CIT 108 ITR 345 (SC) • Keshavji Ravji Vs CIT (1990) 183 ITR 1 • Guru Devdata VKSSS Maryadit Vs State of Maharashtra AIR 2001 SC 1980. • CIT Vs Anjum M.H. Ghaswala (2001) 252 ITR 1 • Prakash Nath Khanna and Anr Vs CIT & Anr 266 ITR 1. The above judgments make it clear beyond a shadow of doubt that Courts are not required to look into the object or intention of the Legislature by resorting to aids to interpreta…

ITO 20(3)(5), Mumbai vs. Yusuf Arabi, Mumbai

In the result, the appeal filed by Revenue is dismissed

ITA 4582/MUM/2015[2006-07]Status: DisposedITAT Mumbai08 Aug 2016AY 2006-07

Bench: Shri Shailendra Kumar Yadav

For Appellant: Shri Shivaji B. GhodeFor Respondent: None
Section 144Section 48Section 50C

…r (Bladnoch Distillery Co. Ltd.) [1948] 1 All ER 616 at page 625 observed : "If the meaning of the provision is reasonably clear, the courts have no jurisdiction to mitigate such harshness." The decision of this court in Keshavji Ravji and Co. v. CIT [1990] 183 ITR 1 also lends concurrence to the views expressed above. This court observed: (Page9) Page 605-"As long as there is no ambiguity in the statutory language, resort to any interpretative process to unfold the legislative intent becomes impermissible. The supposed intention of the Legislature cannot then be appealed to whittle down the statutory language…

ACIT CC vs. Panchsheel Homes (P) Ltd

The appeal of the department is dismissed

ITA 4144/DEL/2007[2003-2004]Status: DisposedITAT Delhi13 Jul 2016AY 2003-2004

Bench: Shri J.S. Reddy & Shri Sudhanshu Srivastava

Section 132(1)Section 153ASection 153C

…Yrs.:2001-02, 2002-03 & 2005-06 for the proposition. The Ld. DR further submitted that there is no specific requirement of recording satisfaction in contrast with provisions of section 147. As ruled by Hon’ble Supreme Court in case of Keshavji Ravji and Co. 183 ITR 1, when there is no ambiguity in statutory language, resorting to interpretative process to unfold the legislative intent becomes impermissible. It was submitted that the Hon’ble High Court of Kerala in case of Dr. K M Mehboob vs. DCIT, 2012-TIOL-642-HC-KERALA-IT held that the satisfaction is not required to be recorded in case of section 153C. It…

M/S Goyal Mg Gases Pvt. Ltd., New Delhi vs. ACIT, New Delhi

ITA 2194/DEL/2013[2008-09]Status: DisposedITAT Delhi30 Jun 2016AY 2008-09

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

Section 143(3)Section 14A

…lowance u/s 14A, the Ld. DR filed written submissions which are being reproduced as under: Issue of recording of satisfaction in respect of section 14A: 1. “This issue is also dependent on interpretation of the statute and case law of Keshavji Ravji and Co. 183 ITR 1, when there is no ambiguity in statutory language, resorting to interpretative process to unfold the legislative intent becomes impermissible. In my humble submission, since there recording of satisfaction has not been there in words of the relevant provision, it cannot be imported. Legislature, in contrast makes it clear by ITA Nos. 2192, 2193 & 2…

M/S Goyal Mg Gases Pvt. Ltd., New Delhi vs. ACIT, New Delhi

ITA 2193/DEL/2013[2009-10]Status: DisposedITAT Delhi30 Jun 2016AY 2009-10

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

Section 143(3)Section 14A

…lowance u/s 14A, the Ld. DR filed written submissions which are being reproduced as under: Issue of recording of satisfaction in respect of section 14A: 1. “This issue is also dependent on interpretation of the statute and case law of Keshavji Ravji and Co. 183 ITR 1, when there is no ambiguity in statutory language, resorting to interpretative process to unfold the legislative intent becomes impermissible. In my humble submission, since there recording of satisfaction has not been there in words of the relevant provision, it cannot be imported. Legislature, in contrast makes it clear by ITA Nos. 2192, 2193 & 2…