M.M.Aqua Technologies Limited v. CIT

436 ITR 582Supreme Court of India2021#250 most cited

What is M.M.Aqua Technologies Limited v. CIT authority for?

Amendments to tax law that impose new obligations or change existing legal positions apply prospectively, even if stated to be "for the removal of doubts." The judgment also clarifies that deductions under Section 43B are allowed only on actual payment, overriding the mercantile system of accounting.

308

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2021 to 2026.

Also referred to as

M.M.Aqua Technologies Ltd v. CIT · 436 ITR 582 · section 43B · section 14A · section 36(1)(va) · prospective amendment · retrospective amendment · clarificatory amendment · actual payment deduction · new obligation tax law.

Also reported as

129 Taxmann.com 145282 Taxmann 281

Sections most often in play

Section 14ASection 143(3)Section 115JBSection 8DSection 80IASection 36(1)(vii)Section 36(1)(viia)Section 43B
Read the full judgment

Issues it is cited on

section 9(1)(ii)employees contribution to pfsection 2(24)(x)section 2(24)clarificatory amendmentsection 36(1)(va)section 43bsection 36(va)section 43b(b)section 43section 36assistant director

Judgments citing M.M.Aqua Technologies Limited v. CIT

Sri Chamundeswari Sugars Limited, Bangalore vs. Deputy Commissioner of Income Tax, CPC, Bangalore

In the result, the appeal filed by the assessee is allowed

ITA 355/BANG/2022[2018-19]Status: DisposedITAT Bangalore13 Jul 2022AY 2018-19

Bench: Smt. Beena Pillai & Shri. Laxmi Prasad Sahu

For Appellant: Ms. Pooja Maru, CA
Section 115JSection 139(1)Section 143(1)Section 250Section 36(1)(va)

…stion is whether the amendment to section 36(1)(va) and 43B of the I.T.Act by Finance Act, 2021 is clarificatory and declaratory in nature. The Hon'ble Supreme Court in the recent judgment in the case of M.M.Aqua Technologies Limited v. CIT reported in (2021) 436 ITR 582 (SC) had held that retrospective provision in a taxing Act which is "for the removal of doubts" cannot be presumed to be retrospective, if it alters or changes the law as it earlier stood (page 597). In this case, in view of the judgment of the Hon'ble jurisdictional High Court in the case of Essae Teraoka (P.) Ltd. v. DCIT (supra) the assessee w…

Jagadish Reddy, Bangalore vs. Deputy Commissioner of Income Tax, CPC, Bangalore

In the result, the appeals filed by the assessee are allowed

ITA 278/BANG/2022[2019-20]Status: DisposedITAT Bangalore12 Jul 2022AY 2019-20

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Mahesh T.R., A.R. &For Respondent: Shri Srinivas Rao Bandaru, D.R
Section 139(1)Section 143(1)Section 36Section 36(1)(va)

…question is whether the amendment to section 36[1][va] and 43B of the Act by Finance Act, 2021 is clarificatory and declaratory in nature. The Hon'ble Supreme Court in the recent judgment in the case of M.M.Aqua Technologies Limited v. CIT reported in (2021) 436 ITR 582 (SC) had held that retrospective provision in a taxing Act which is "for the removal of doubts" cannot be presumed to be retrospective, if it alters or changes the law as it earlier stood (page 597). In this case, in view of the judgment of the Hon'ble jurisdictional High Court in the case of EssaeTeraoka (P.) Ltd. v. DCIT (supra) the assessee wo…

Jagadish Reddy, Bangalore vs. Deputy Commissioner of Income Tax, CPC, Bangalore

In the result, the appeals filed by the assessee are allowed

ITA 277/BANG/2022[2018-19]Status: DisposedITAT Bangalore12 Jul 2022AY 2018-19

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Mahesh T.R., A.R. &For Respondent: Shri Srinivas Rao Bandaru, D.R
Section 139(1)Section 143(1)Section 36Section 36(1)(va)

…question is whether the amendment to section 36[1][va] and 43B of the Act by Finance Act, 2021 is clarificatory and declaratory in nature. The Hon'ble Supreme Court in the recent judgment in the case of M.M.Aqua Technologies Limited v. CIT reported in (2021) 436 ITR 582 (SC) had held that retrospective provision in a taxing Act which is "for the removal of doubts" cannot be presumed to be retrospective, if it alters or changes the law as it earlier stood (page 597). In this case, in view of the judgment of the Hon'ble jurisdictional High Court in the case of EssaeTeraoka (P.) Ltd. v. DCIT (supra) the assessee wo…

M/S Total Environment Building Systems Private Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-7(1)(1), Bangalore

In the result, revenue’s appeal stands dismissed and the assessee’s appeals for A

ITA 46/BANG/2017[2011-12]Status: DisposedITAT Bangalore29 Jun 2022AY 2011-12

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Respondent: Shri Vilas V Shinde, CIT DR
Section 250Section 37Section 40Section 43B

…stion is whether the amendment to section 36(1)(va) and 43B of the I.T.Act by Finance Act, 2021 is clarificatory and declaratory in nature. The Hon'ble Supreme Court in the recent judgment in the case of M.M.Aqua Technologies Limited v. CIT reported in (2021) 436 ITR 582 (SC) had held that retrospective provision in a taxing Act which is "for the removal of doubts" cannot be presumed to be retrospective, if it alters or changes the law as it earlier stood (page 597). In this case, in view of the judgment of the Hon'ble jurisdictional High Court in the case of Essae Teraoka (P.) Ltd. v. DCIT (supra) the assessee w…

Total Environment Building Systems Private Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-7(1)(1), Bangalore

In the result, revenue’s appeal stands dismissed and the assessee’s appeals for A

ITA 45/BANG/2017[2010-11]Status: DisposedITAT Bangalore29 Jun 2022AY 2010-11

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Respondent: Shri Vilas V Shinde, CIT DR
Section 250Section 37Section 40Section 43B

…stion is whether the amendment to section 36(1)(va) and 43B of the I.T.Act by Finance Act, 2021 is clarificatory and declaratory in nature. The Hon'ble Supreme Court in the recent judgment in the case of M.M.Aqua Technologies Limited v. CIT reported in (2021) 436 ITR 582 (SC) had held that retrospective provision in a taxing Act which is "for the removal of doubts" cannot be presumed to be retrospective, if it alters or changes the law as it earlier stood (page 597). In this case, in view of the judgment of the Hon'ble jurisdictional High Court in the case of Essae Teraoka (P.) Ltd. v. DCIT (supra) the assessee w…

Deputy Commissioner of Income Tax Circle-7(1)(1), Bangalore vs. M/S Total Environment Building Systems Pvt Ltd, Bangalore

In the result, revenue’s appeal stands dismissed and the assessee’s appeals for A

ITA 40/BANG/2017[2010-11]Status: DisposedITAT Bangalore29 Jun 2022AY 2010-11

Bench: Shri. Chandra Poojari & Smt. Beena Pillai

For Respondent: Shri Vilas V Shinde, CIT DR
Section 250Section 37Section 40Section 43B

…stion is whether the amendment to section 36(1)(va) and 43B of the I.T.Act by Finance Act, 2021 is clarificatory and declaratory in nature. The Hon'ble Supreme Court in the recent judgment in the case of M.M.Aqua Technologies Limited v. CIT reported in (2021) 436 ITR 582 (SC) had held that retrospective provision in a taxing Act which is "for the removal of doubts" cannot be presumed to be retrospective, if it alters or changes the law as it earlier stood (page 597). In this case, in view of the judgment of the Hon'ble jurisdictional High Court in the case of Essae Teraoka (P.) Ltd. v. DCIT (supra) the assessee w…

DCIT 13(2)(2), Mumbai vs. M/S Sodexo Technical Services India Pvt Ltd, Mumbai

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

ITA 508/MUM/2022[2018-19]Status: DisposedITAT Mumbai22 Jun 2022AY 2018-19
Section 139(1)Section 143(1)Section 36Section 36(1)(va)

…question is whether the amendment to section 36[1][va] and 43B of the Act by Finance Act, 2021 is clarificatory and declaratory in nature. The Hon'ble Supreme Court in the recent judgment in the case of M.M.Aqua Technologies Limited v. CIT reported in (2021) 436 ITR 582 (SC) had held that retrospective provision in a taxing Act which is "for the removal of doubts" cannot be presumed to be retrospective, if it alters or changes the law as it earlier stood (page 597). In this case, in view of the judgment of the Hon'ble jurisdictional High Court in the case of Essae Teraoka (P.) Ltd. v. DCIT (supra) the assessee w…

M/S. Ujjain Waste Management Pvt. Ltd, Mumbai vs. WD 15 (3) (1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 2083/MUM/2021[2018-19]Status: HeardITAT Mumbai21 Jun 2022AY 2018-19
Section 139(1)Section 143(1)Section 36Section 36(1)(va)

…question is whether the amendment to section 36[1][va] and 43B of the Act by Finance Act, 2021 is clarificatory and declaratory in nature. The Hon'ble Supreme Court in the recent judgment in the case of M.M.Aqua Technologies Limited v. CIT reported in (2021) 436 ITR 582 (SC) had held that retrospective provision in a taxing Act which is "for the removal of doubts" cannot be presumed to be retrospective, if it alters or changes the law as it earlier stood (page 597). In this case, in view of the judgment of the Hon'ble jurisdictional High Court in the case of Essae Teraoka (P.) Ltd. v. DCIT (supra) the assessee w…

ACIT- CC - 4(2), Mumbai vs. K.Raheja Corporate Services Pvt. Ltd., Mumbai

In the result, the appeals filed by the revenue are hereby dismissed

ITA 2527/MUM/2021[2017-18]Status: DisposedITAT Mumbai17 Jun 2022AY 2017-18

Bench: Shri Aby T. Varkey () & Shri Gagan Goyal ()

Section 132Section 132(4)Section 143(2)Section 143(3)Section 14ASection 153ASection 69Section 69C

…Explanation inserted in Section 14A of the Act has been made effective from 01.04.2022 and therefore did not apply in the relevant AYs under consideration. Relying on the judgements of the Hon’ble Supreme Court in the case of M M Aqua Technologies Ltd Vs CIT (436 ITR 582)&CIT Vs Vatika Township Pvt Ltd (367 ITR 466), wherein it has been held that any legislation which imposes new obligation or new duties or a new levy shall have to be necessarily treated as prospective in nature. 38. We have heard both the parties. Firstly, we deem it fit to deal with the CBDT Circular No.5/2014 relied upon by the Revenue. It is…

ACIT- CC- 4(2), Mumbai vs. K. Raheja Corporate Services Pvt. Ltd., Mumbai

In the result, the appeals filed by the revenue are hereby dismissed

ITA 2526/MUM/2021[2018-19]Status: DisposedITAT Mumbai17 Jun 2022AY 2018-19

Bench: Shri Aby T. Varkey () & Shri Gagan Goyal ()

Section 132Section 132(4)Section 143(2)Section 143(3)Section 14ASection 153ASection 69Section 69C

…Explanation inserted in Section 14A of the Act has been made effective from 01.04.2022 and therefore did not apply in the relevant AYs under consideration. Relying on the judgements of the Hon’ble Supreme Court in the case of M M Aqua Technologies Ltd Vs CIT (436 ITR 582)&CIT Vs Vatika Township Pvt Ltd (367 ITR 466), wherein it has been held that any legislation which imposes new obligation or new duties or a new levy shall have to be necessarily treated as prospective in nature. 38. We have heard both the parties. Firstly, we deem it fit to deal with the CBDT Circular No.5/2014 relied upon by the Revenue. It is…

ACIT-CC -4(2), Mumbai vs. K . Raheja Corporate Services Pvt. Ltd., Mumbai

In the result, the appeals filed by the revenue are hereby dismissed

ITA 2525/MUM/2021[2013-14]Status: DisposedITAT Mumbai17 Jun 2022AY 2013-14

Bench: Shri Aby T. Varkey () & Shri Gagan Goyal ()

Section 132Section 132(4)Section 143(2)Section 143(3)Section 14ASection 153ASection 69Section 69C

…Explanation inserted in Section 14A of the Act has been made effective from 01.04.2022 and therefore did not apply in the relevant AYs under consideration. Relying on the judgements of the Hon’ble Supreme Court in the case of M M Aqua Technologies Ltd Vs CIT (436 ITR 582)&CIT Vs Vatika Township Pvt Ltd (367 ITR 466), wherein it has been held that any legislation which imposes new obligation or new duties or a new levy shall have to be necessarily treated as prospective in nature. 38. We have heard both the parties. Firstly, we deem it fit to deal with the CBDT Circular No.5/2014 relied upon by the Revenue. It is…

ACIT- CC- 4(2), Mumbai vs. K. Raheja Corporate Services Pvt. Ltd., Mumbai

In the result, the appeals filed by the revenue are hereby dismissed

ITA 2524/MUM/2021[2016-17]Status: DisposedITAT Mumbai17 Jun 2022AY 2016-17

Bench: Shri Aby T. Varkey () & Shri Gagan Goyal ()

Section 132Section 132(4)Section 143(2)Section 143(3)Section 14ASection 153ASection 69Section 69C

…Explanation inserted in Section 14A of the Act has been made effective from 01.04.2022 and therefore did not apply in the relevant AYs under consideration. Relying on the judgements of the Hon’ble Supreme Court in the case of M M Aqua Technologies Ltd Vs CIT (436 ITR 582)&CIT Vs Vatika Township Pvt Ltd (367 ITR 466), wherein it has been held that any legislation which imposes new obligation or new duties or a new levy shall have to be necessarily treated as prospective in nature. 38. We have heard both the parties. Firstly, we deem it fit to deal with the CBDT Circular No.5/2014 relied upon by the Revenue. It is…

ACIT- CC- 4 (2), Mumbai vs. K. Raheja Corporate Services Pvt. Ltd., Mumbai

In the result, the appeals filed by the revenue are hereby dismissed

ITA 2523/MUM/2021[2015-16]Status: DisposedITAT Mumbai17 Jun 2022AY 2015-16

Bench: Shri Aby T. Varkey () & Shri Gagan Goyal ()

Section 132Section 132(4)Section 143(2)Section 143(3)Section 14ASection 153ASection 69Section 69C

…Explanation inserted in Section 14A of the Act has been made effective from 01.04.2022 and therefore did not apply in the relevant AYs under consideration. Relying on the judgements of the Hon’ble Supreme Court in the case of M M Aqua Technologies Ltd Vs CIT (436 ITR 582)&CIT Vs Vatika Township Pvt Ltd (367 ITR 466), wherein it has been held that any legislation which imposes new obligation or new duties or a new levy shall have to be necessarily treated as prospective in nature. 38. We have heard both the parties. Firstly, we deem it fit to deal with the CBDT Circular No.5/2014 relied upon by the Revenue. It is…

ACIT- CC- 4 (2), Mumbai vs. K. Raheja Corporate Services Pvt. Ltd., Mumbai

In the result, the appeals filed by the revenue are hereby dismissed

ITA 2522/MUM/2021[2014-15]Status: DisposedITAT Mumbai17 Jun 2022AY 2014-15

Bench: Shri Aby T. Varkey () & Shri Gagan Goyal ()

Section 132Section 132(4)Section 143(2)Section 143(3)Section 14ASection 153ASection 69Section 69C

…Explanation inserted in Section 14A of the Act has been made effective from 01.04.2022 and therefore did not apply in the relevant AYs under consideration. Relying on the judgements of the Hon’ble Supreme Court in the case of M M Aqua Technologies Ltd Vs CIT (436 ITR 582)&CIT Vs Vatika Township Pvt Ltd (367 ITR 466), wherein it has been held that any legislation which imposes new obligation or new duties or a new levy shall have to be necessarily treated as prospective in nature. 38. We have heard both the parties. Firstly, we deem it fit to deal with the CBDT Circular No.5/2014 relied upon by the Revenue. It is…

ACIT - CC 4(2), Mumbai vs. K. Raheja Corporate Services Pvt. Ltd., Mumbai

In the result, the appeals filed by the revenue are hereby dismissed

ITA 2521/MUM/2021[2012-13]Status: DisposedITAT Mumbai17 Jun 2022AY 2012-13

Bench: Shri Aby T. Varkey () & Shri Gagan Goyal ()

Section 132Section 132(4)Section 143(2)Section 143(3)Section 14ASection 153ASection 69Section 69C

…Explanation inserted in Section 14A of the Act has been made effective from 01.04.2022 and therefore did not apply in the relevant AYs under consideration. Relying on the judgements of the Hon’ble Supreme Court in the case of M M Aqua Technologies Ltd Vs CIT (436 ITR 582)&CIT Vs Vatika Township Pvt Ltd (367 ITR 466), wherein it has been held that any legislation which imposes new obligation or new duties or a new levy shall have to be necessarily treated as prospective in nature. 38. We have heard both the parties. Firstly, we deem it fit to deal with the CBDT Circular No.5/2014 relied upon by the Revenue. It is…

G R Chandrashekar Naidu, Bengaluru vs. Deputy Commissioner of Income Tax, CPC, Bangalore

In the result, the appeals filed by the assessee are allowed

ITA 249/BANG/2022[2019-20]Status: DisposedITAT Bangalore15 Jun 2022AY 2019-20

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Ms.Sumangala Ranga, AdvocateFor Respondent: Smt.Priyadarshini Besaganni, Addl.CIT-DR
Section 139(1)Section 143(1)Section 36(1)Section 36(1)(va)Section 43B

…question is whether the amendment to section 36[1][va] and 43B of the Act by Finance Act, 2021 is clarificatory and declaratory in nature. The Hon'ble Supreme Court in the recent judgment in the case of M.M.Aqua Technologies Limited v. CIT reported in (2021) 436 ITR 582 (SC) had held that retrospective provision in a taxing Act which is "for the removal of doubts" cannot be presumed to be retrospective, if it alters or changes the law as it earlier stood (page 597). In this case, in view of the judgment of the Hon'ble jurisdictional High Court in the case of Essae Teraoka (P.) Ltd. v. DCIT (supra) the assessee w…

G R Chandrashekar Naidu, Bengaluru vs. Deputy Commissioner of Income Tax, CPC, Bangalore

In the result, the appeals filed by the assessee are allowed

ITA 248/BANG/2022[2018-19]Status: DisposedITAT Bangalore15 Jun 2022AY 2018-19

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Ms.Sumangala Ranga, AdvocateFor Respondent: Smt.Priyadarshini Besaganni, Addl.CIT-DR
Section 139(1)Section 143(1)Section 36(1)Section 36(1)(va)Section 43B

…question is whether the amendment to section 36[1][va] and 43B of the Act by Finance Act, 2021 is clarificatory and declaratory in nature. The Hon'ble Supreme Court in the recent judgment in the case of M.M.Aqua Technologies Limited v. CIT reported in (2021) 436 ITR 582 (SC) had held that retrospective provision in a taxing Act which is "for the removal of doubts" cannot be presumed to be retrospective, if it alters or changes the law as it earlier stood (page 597). In this case, in view of the judgment of the Hon'ble jurisdictional High Court in the case of Essae Teraoka (P.) Ltd. v. DCIT (supra) the assessee w…

Hodala Ganapiah Chandrashekar, Tumkur vs. Income Tax Officer, Ward-1 & Tps, Tumkur

In the result, the appeal filed by the assessee is allowed

ITA 239/BANG/2022[2017-18]Status: DisposedITAT Bangalore09 Jun 2022AY 2017-18

Bench: Shri Chandra Poojari & Shri George George K.Assessment Year: 2017-18

For Appellant: Shri Sandeep C., A.RFor Respondent: Shri K.R. Narayana, D.R
Section 139(1)Section 143(1)Section 36Section 36(1)(va)

…question is whether the amendment to section 36[1][va] and 43B of the Act by Finance Act, 2021 is clarificatory and declaratory in nature. The Hon'ble Supreme Court in the recent judgment in the case of M.M.Aqua Technologies Limited v. CIT reported in (2021) 436 ITR 582 (SC) had held that retrospective provision in a taxing Act which is "for the removal of doubts" cannot be presumed to be retrospective, if it alters or changes the law as it earlier stood (page 597). In this case, in view of the judgment of the Hon'ble jurisdictional High Court in the case of EssaeTeraoka (P.) Ltd. v. DCIT (supra) the assessee wo…

Thiruvalaya Venugopal, Bangalore vs. Assistant Director Income Tax, CPC, Bangalore

In the result, the appeal filed by the assessee is allowed

ITA 235/BANG/2022[2019-20]Status: DisposedITAT Bangalore08 Jun 2022AY 2019-20

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Smt.Mrinalini, AdvocateFor Respondent: Sr.Narayana K.R., Addl.CIT-DR
Section 139(1)Section 143(1)Section 36(1)(va)Section 43B

…question is whether the amendment to section 36[1][va] and 43B of the Act by Finance Act, 2021 is clarificatory and declaratory in nature. The Hon'ble Supreme Court in the recent judgment in the case of M.M.Aqua Technologies Limited v. CIT reported in (2021) 436 ITR 582 (SC) had held that retrospective provision in a taxing Act which is "for the removal of doubts" cannot be presumed to be retrospective, if it alters or changes the law as it earlier stood (page 597). In this case, in view of the judgment of the Hon'ble jurisdictional High Court in the case of EssaeTeraoka (P.) Ltd. v. DCIT (supra) the assessee wo…

Rashi Eco Tourism Limited, Bangalore vs. Assistant Director of Income Tax, CPC, Bangalore

In the result, the appeal by the assessee is allowed in favour of the assessee

ITA 50/BANG/2022[2017-18]Status: DisposedITAT Bangalore06 Jun 2022AY 2017-18

Bench: Smt. Beena Pillai & Ms. Padmavathy Sassessment Year : 2017-18

For Appellant: Shri Sandeep Chalapathy, CAFor Respondent: Shri M.S. Nethrapal, Addl. DIT
Section 139(1)Section 143(1)Section 154Section 36(1)(va)Section 43B

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH : BANGALORE BEFORE SMT. BEENA PILLAI, JUDICIAL MEMBER AND Ms. PADMAVATHY S, ACCOUNTANT MEMBER Assessment year : 2017-18 Rashi Eco Tourism Ltd., Vs. The Assistant Director of Sy.No.177, Nowkalpalya, of Income Tax, CPC, Kagalipura, Off Kanakapura Road, Bangalore. Bangalore – 560 082. PAN: AAECR 3967J APPELLANT RESPONDENT Appellant by : Shri Sandeep Chalapathy, CA Respondent by : Shri M.S. Nethrapal, Addl. DIT Date of hearing : 06.06.2022 Date of Pronouncement : 06.06.2022 O R D E R Per Padmavathy S., Accountant Member This appeal by the assessee is directed against…