Khatau Makanji Spg. &Wvg. Co. Ltd. v. CIT

30 ITR 841High Court1956#15580 most cited
6

judgments rely on this decision, according to BharatTax’s citation analysis of 348,607 Indian tax judgments — from 2022 to 2025.

Sections most often in play

Section 116Section 139(5)Section 143(1)Section 154Section 155Section 156Section 186Section 195

Issues it is cited on

section 186section 116rectification under section 154retrospective amendmentsection 155section 254(2)section 206csection 206section 18section 139(5)mistake apparent from recordsection 9(1)(vi)

Judgments citing Khatau Makanji Spg. &Wvg. Co. Ltd. v. CIT

Trans Union Llc, Pune vs. Deputy Commissioner of Income Tax 4(1)(2), Mumbai

ITA 1441/MUM/2025[2019-20]Status: DisposedITAT Mumbai17 Jul 2025AY 2019-20

Bench: Ms Padmavathy S, Am & Shri Raj Kumar Chauhan, Jm

For Appellant: Shri Rajan Vora, Shri NikhilFor Respondent: Shri Krishna Kumar, Sr. DR
Section 143(1)Section 154Section 250Section 9(1)(vi)

…On perusal of the said decision we notice that in the said case the assessee has made refund claim of tax on excess dividends under section 154 based on the decision of Hon'ble Bombay High Court in the case of Khatau Makanji Spg. &Wvg. Co. Ltd. v. CIT [1956] 30 ITR 841. The said claim was not allowed by the revenue but the Hon'ble Bombay High Court directed the revenue to grant refund. By the time the assessee's case travelled up to Hon'ble Supreme Court, the decision in the case of Khatau Makanji Spg. &Wvg. Co. Ltd (supra) was affirmed by the Hon'ble Supreme Court. Therefore in assessee's case it was held to be…

Trans Union Llc, Pune vs. Deputy Commissioner of Income Tax 4(1)(2), Mumbai

ITA 1405/MUM/2025[2018-19]Status: DisposedITAT Mumbai17 Jul 2025AY 2018-19

Bench: Ms Padmavathy S, Am & Shri Raj Kumar Chauhan, Jm

For Appellant: Shri Rajan Vora, Shri NikhilFor Respondent: Shri Krishna Kumar, Sr. DR
Section 143(1)Section 154Section 250Section 9(1)(vi)

…On perusal of the said decision we notice that in the said case the assessee has made refund claim of tax on excess dividends under section 154 based on the decision of Hon'ble Bombay High Court in the case of Khatau Makanji Spg. &Wvg. Co. Ltd. v. CIT [1956] 30 ITR 841. The said claim was not allowed by the revenue but the Hon'ble Bombay High Court directed the revenue to grant refund. By the time the assessee's case travelled up to Hon'ble Supreme Court, the decision in the case of Khatau Makanji Spg. &Wvg. Co. Ltd (supra) was affirmed by the Hon'ble Supreme Court. Therefore in assessee's case it was held to be…

Trans Union Llc, Pune vs. Deputy Commissioner of Income Tax 4(1)(2), Mumbai

ITA 1404/MUM/2025[2017-18]Status: DisposedITAT Mumbai17 Jul 2025AY 2017-18

Bench: Ms Padmavathy S, Am & Shri Raj Kumar Chauhan, Jm

For Appellant: Shri Rajan Vora, Shri NikhilFor Respondent: Shri Krishna Kumar, Sr. DR
Section 143(1)Section 154Section 250Section 9(1)(vi)

…On perusal of the said decision we notice that in the said case the assessee has made refund claim of tax on excess dividends under section 154 based on the decision of Hon'ble Bombay High Court in the case of Khatau Makanji Spg. &Wvg. Co. Ltd. v. CIT [1956] 30 ITR 841. The said claim was not allowed by the revenue but the Hon'ble Bombay High Court directed the revenue to grant refund. By the time the assessee's case travelled up to Hon'ble Supreme Court, the decision in the case of Khatau Makanji Spg. &Wvg. Co. Ltd (supra) was affirmed by the Hon'ble Supreme Court. Therefore in assessee's case it was held to be…

Trans Union Llc, Pune vs. Deputy Commissioner of Income Tax 4(1)(2), Mumbai

ITA 1403/MUM/2025[2016-17]Status: DisposedITAT Mumbai17 Jul 2025AY 2016-17

Bench: Ms Padmavathy S, Am & Shri Raj Kumar Chauhan, Jm

For Appellant: Shri Rajan Vora, Shri NikhilFor Respondent: Shri Krishna Kumar, Sr. DR
Section 143(1)Section 154Section 250Section 9(1)(vi)

…On perusal of the said decision we notice that in the said case the assessee has made refund claim of tax on excess dividends under section 154 based on the decision of Hon'ble Bombay High Court in the case of Khatau Makanji Spg. &Wvg. Co. Ltd. v. CIT [1956] 30 ITR 841. The said claim was not allowed by the revenue but the Hon'ble Bombay High Court directed the revenue to grant refund. By the time the assessee's case travelled up to Hon'ble Supreme Court, the decision in the case of Khatau Makanji Spg. &Wvg. Co. Ltd (supra) was affirmed by the Hon'ble Supreme Court. Therefore in assessee's case it was held to be…

M/S. Shivamm Industries, Pune vs. The Deputy Commissioner of Income Tax, Circle-8, Pune

In the result, appeal of the Assessee is Dismissed

ITA 393/PUN/2023[2013-14]Status: DisposedITAT Pune26 May 2023AY 2013-14

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.393/Pun/2023 िनधा"रणवष" / Assessment Year : 2013-14 M/S.Shivamm Industries, The Dy.Commissioner Of Plot 76, Arihant Heights, Sector Vs Income Tax, Circle-8, No.25, Pradhikaran Nigdi, Pune. Pune – 411044. Pan: Aaefs 0458 A Appellant/ Assessee Respondent /Revenue Assessee By None. Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 15/05/2023 Date Of Pronouncement 26/05/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee I.E. Shivamm Industries For A.Y. 2013-14 Against The Order Of Ld.Commissioner Of Income Of Tax(Appeals)[Nfac] Dated 21.03.2023 Emanating From Assessing Officer’S Order Under Section 154 Of The Act Dated 22.03.2021. The Ground Of Appeal Are As Under : “1. The Order Dated 21/03/2023 Bearing No.Itba/Nfac/S/250/2022-23/1051048828[L] Passed Under Section 250 Of Income Tax Act, 1961 By The Hon’Ble Cit[Appeals], National Faceless Appeal Centre [Nfac], Delhi, Is Excessive, M/S.Shivamm Industries [A]

Section 139(1)Section 143(3)Section 154Section 250Section 36

…S.A.L. Narayana Row, CIT v. Model Milk Nagpur Ltd. [1967] 64 ITR 67. In that case, the assessing authority subjected excess dividends to income-tax. Subsequently, decision rendered by the Bombay High Court in Khatau Makanji Spg. & Wvg. Co. Ltd. v. CIT [1956] 30 ITR 841, held that levy of tax on excess dividends was illegal. On the basis of that decision, a claim for refund was made by the assessee requesting the assessing authority to rectify the earlier order mistakenly made. That plea was rejected by the assessing authority and also by the Commissioner when a revision application was filed before him. The Bomb…

The State Bank of Hyd vs. The Jt.Commi.Spl.Range IV Hyd

ITTA/103/2001HC Telangana07 Sept 2022

Bench: C.V. BHASKAR REDDY,UJJAL BHUYAN

Section 21Section 251Section 254(2)Section 260Section 260ASection 27Section 43I

…efund to t-lle extent of the tax levied on the e\cess dividends. By the time the matter was carried to the Supreme Court, the decision of the \ \ I \ l9 Bornbay t igh Court in Khatau Makanji Spinning, and Weaving Co. Ltd.'s case MANU/MH/0348/ 195{r : [19561 30 ITR 841 (Bom) was aflirmed in CIT v. Khatau Makanji Spinning and Weaving Co. Ltd. MANU/S( lo188l1960 : [1960] 40 ITR 189 (S(ll. 'the Supreme lourt alhrmed the view taken by the Bon-bay High Cou 't that the assessee was entitled to relir rrrl ol thc amol nt. This ruling is a clear auttroritl, ic r the propositir n that a subsequent decision can va.Ldh l,;r…

Khatau Makanji Spg. &Wvg. Co. Ltd. v. CIT (30 ITR 841) — Cited in 6 Judgments | BharatTax