Mahalaxmi Sugar Mills Company v. Commissioner of Income Tax

SARA INTERNATIONAL PVT.LTD,NEW DELHI vs. ADD. CIT, RANGE-22, NEW DELHI

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

Bench: SHRI M. BALAGANESH (Accountant Member), SHRI ANUBHAV SHARMA (Judicial Member)

…gh Court in the case of PCIT vs. National Fertilizer Ltd. in ITA No.782/2016 dated 24/04/2017 wherein the Hon’ble Jurisdictional High Court after considering the decision of Delhi High Court in the case of Mahalakshmi Sugar Mills Co. Ltd. v. CIT reported in 157 ITR 683 (Delhi), decision of Allahabad High Court in the case of Nanhoomaljyoti Prasad Vs. CIT 123 ITR 269 (Allahabad) and after distinguishing the decision of Hon’ble Rajasthan High Court relied upon by the Ld. AO in the case of TISCO vs. Union of India dated 28/01/2014 had categorically held that the payment of Wharfage Charges is not penal in nat…

JCIT, CIRCLE-22(1), NEW DELHI vs. SARA INTERNATIONAL PVT.LTD, NEW DELHI

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

Bench: SHRI M. BALAGANESH (Accountant Member), SHRI ANUBHAV SHARMA (Judicial Member)

…gh Court in the case of PCIT vs. National Fertilizer Ltd. in ITA No.782/2016 dated 24/04/2017 wherein the Hon’ble Jurisdictional High Court after considering the decision of Delhi High Court in the case of Mahalakshmi Sugar Mills Co. Ltd. v. CIT reported in 157 ITR 683 (Delhi), decision of Allahabad High Court in the case of Nanhoomaljyoti Prasad Vs. CIT 123 ITR 269 (Allahabad) and after distinguishing the decision of Hon’ble Rajasthan High Court relied upon by the Ld. AO in the case of TISCO vs. Union of India dated 28/01/2014 had categorically held that the payment of Wharfage Charges is not penal in nat…

ADDI. CIT SPECIAL RANGE - 6, NEW DELHI vs. NATIONAL FERTILIZERS LTD., NOIDA

In the result appeal of the Revenue is dismissed

Bench: Shri Anil Chaturvedi & Shri N.K. Choudhary

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES “E”: DELHI BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI N.K. CHOUDHARY, JUDICIAL MEMBER ITA.No.7966/Del./2019 Assessment Year 2016-17 The Special Range-6 National Fertilizers Ltd., Corporate Office, A-11, New Delhi vs. Sector-24, Noida, Uttar Pradesh 201301 (Appellant) (Respondent) For Revenue : Ms. Sarita Kumari, CIT-DR For Assessee : Shri Ved Jain, Advocate Shri Aman Garg, CA Date of Hearing : 13.12.2022 Date of Pronouncement : 06.01.2023 ORDER PER ANIL CHATURVEDI, A.M. : This appeal filed by the Revenue has been directed against the Order of…

NATIONAL FERTILIZERS LTD.,NEW DELHI vs. ADDL. CIT, RANGE- 18, NEW DELHI

In the result, the appeal of the assessee is partly allowed and the appeal of the Revenue is dismissed

Bench: Shri Anil Chaturvedia N D Shri Challa Nagendra Prasad

…e to deduction under Section 37(1) of the Income Tax Act, 1961? 4. The said question already stands answered in favour of the Assessee and against the Revenue by the judgment of this Court in Mahalaxmi Sugar Mills Company v. Commissioner of Income Tax, (1986) 157 ITR 683 (Delhi) and of the Allahabad High Court in Nanhoomal Jyoti Prasad v. Commissioner of Income Tax, (1980) 123 ITR 269 (All). 5. However, learned counsel for the Revenue seeks to rely on the judgment of the Rajasthan High Court in Tata Iron & Steel Co. Ltd. v. Union of India (decision dated 28th January 2014 in SB Civil Misc. Appeal No. 65/1997). Ha…

ACIT, CIRCLE- 17(2), , NEW DELHI vs. NATIONAL FERTILIZERS LTD., NEW DELHI

In the result, the appeal of the assessee is partly allowed and the appeal of the Revenue is dismissed

Bench: Shri Anil Chaturvedia N D Shri Challa Nagendra Prasad

…e to deduction under Section 37(1) of the Income Tax Act, 1961? 4. The said question already stands answered in favour of the Assessee and against the Revenue by the judgment of this Court in Mahalaxmi Sugar Mills Company v. Commissioner of Income Tax, (1986) 157 ITR 683 (Delhi) and of the Allahabad High Court in Nanhoomal Jyoti Prasad v. Commissioner of Income Tax, (1980) 123 ITR 269 (All). 5. However, learned counsel for the Revenue seeks to rely on the judgment of the Rajasthan High Court in Tata Iron & Steel Co. Ltd. v. Union of India (decision dated 28th January 2014 in SB Civil Misc. Appeal No. 65/1997). Ha…

ACIT, CIRCLE- 17(2), , NEW DELHI vs. NATIONAL FERTILIZERS LTD., NEW DELHI

Appeal are dismissed

Bench: Ms Suchitra Kamble & Sh. Prashant Maharishi

…e to deduction under Section 37(1) of the Income Tax Act, 1961? 4. The said question already stands answered in favour of the Assessee and against the Revenue by the judgment of this Court in Mahalaxmi Sugar Mills Company v. Commissioner of Income Tax, (1986) 157 ITR 683 (Delhi) and of the Allahabad High Court in Nanhoomal Jyoti Prasad v. Commissioner of Income Tax, (1980) 123 ITR 269 (All). 5. However, learned counsel for the Revenue seeks to rely on the judgment of the Rajasthan High Court in Tata Iron & Steel Co. Ltd. v. Union of India (decision dated 28th January 2014 in SB Civil Misc. Appeal No. 65/1997). Ha…

ACIT, CIRCLE- 17(2), , NEW DELHI vs. NATIONAL FERTILIZERS LTD., NEW DELHI

Appeal are dismissed

Bench: Ms Suchitra Kamble & Sh. Prashant Maharishi

…e to deduction under Section 37(1) of the Income Tax Act, 1961? 4. The said question already stands answered in favour of the Assessee and against the Revenue by the judgment of this Court in Mahalaxmi Sugar Mills Company v. Commissioner of Income Tax, (1986) 157 ITR 683 (Delhi) and of the Allahabad High Court in Nanhoomal Jyoti Prasad v. Commissioner of Income Tax, (1980) 123 ITR 269 (All). 5. However, learned counsel for the Revenue seeks to rely on the judgment of the Rajasthan High Court in Tata Iron & Steel Co. Ltd. v. Union of India (decision dated 28th January 2014 in SB Civil Misc. Appeal No. 65/1997). Ha…

NATIONAL FERTILIZERS LTD.,NEW DELHI vs. DCIT, CIRCLE- 17(2), , NEW DELHI

Appeal are dismissed

Bench: Ms Suchitra Kamble & Sh. Prashant Maharishi

…e to deduction under Section 37(1) of the Income Tax Act, 1961? 4. The said question already stands answered in favour of the Assessee and against the Revenue by the judgment of this Court in Mahalaxmi Sugar Mills Company v. Commissioner of Income Tax, (1986) 157 ITR 683 (Delhi) and of the Allahabad High Court in Nanhoomal Jyoti Prasad v. Commissioner of Income Tax, (1980) 123 ITR 269 (All). 5. However, learned counsel for the Revenue seeks to rely on the judgment of the Rajasthan High Court in Tata Iron & Steel Co. Ltd. v. Union of India (decision dated 28th January 2014 in SB Civil Misc. Appeal No. 65/1997). Ha…

NATIONAL FERTILIZERS LTD.,NEW DELHI vs. DCIT, CIRCLE- 17(2), , NEW DELHI

Appeal are dismissed

Bench: Ms Suchitra Kamble & Sh. Prashant Maharishi

…e to deduction under Section 37(1) of the Income Tax Act, 1961? 4. The said question already stands answered in favour of the Assessee and against the Revenue by the judgment of this Court in Mahalaxmi Sugar Mills Company v. Commissioner of Income Tax, (1986) 157 ITR 683 (Delhi) and of the Allahabad High Court in Nanhoomal Jyoti Prasad v. Commissioner of Income Tax, (1980) 123 ITR 269 (All). 5. However, learned counsel for the Revenue seeks to rely on the judgment of the Rajasthan High Court in Tata Iron & Steel Co. Ltd. v. Union of India (decision dated 28th January 2014 in SB Civil Misc. Appeal No. 65/1997). Ha…

M/S. NATIONAL FERTILIZERS LTD.,NEW DELHI vs. DCIT, NEW DELHI

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

Bench: Shri O.P. Kant & Shri K. Narasimha Charyassessment Year: 2012-13

…e to deduction under Section 37(1) of the Income Tax Act, 1961? 4. The said question already stands answered in favour of the Assessee and against the Revenue by the judgment of this Court in Mahalaxmi Sugar Mills Company v. Commissioner of Income Tax, (1986) 157 ITR 683 (Delhi) and of the Allahabad High Court in Nanhoomal Jyoti Prasad v. Commissioner of Income Tax, (1980) 123 ITR 269 (All.) 5. However, learned counsel for the Revenue seeks to reply of the judgment of the Rajasthan High Court in Tata Iron & Steel Co. Ltd. v. Union of India (decision dated 28th January, 2014 in SB Civil Misc. Appeal No. 65/1997).…

PR. COMMISSSIONER OF INCOME TAX-06 vs. NATIONAL FERTILIZER LIMITED

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE CHANDER SHEKHAR

…ble to deduction under Section 37(1) ofthe Income Tax Act, 1961? 4. The said question already stands answered in favour of the Assessee and against the Revenue by the judgment of this Court in Mahalaxmi Sugar Mills Company v. Commissioner Of Income Tax,(1986) 157 ITR 683 (Delhi) and of the Allahabad High Court in Nanhoomal Jyoti Prasad v. Commissioner OfIncome Tax, (1980) 123 ITR 269 (All). 5. However, learned counsel for the Revenue seeks to rely on the judgment ofthe Rajasthan High Court in Tata Iron &Steel Co. Ltd. v. Union ofIndia (decision dated 28th January 2014 in SB Civil Misc. Appeal No. 65/1997). Having…

PR. COMMISSIONER OF INCOME TAX-6 vs. NATIONAL FERTILIZERS LTD .

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE CHANDER SHEKHAR

…ble to deduction under Section 37(1) ofthe Income Tax Act, 1961? 4. The said question already stands answered in favour of the Assessee and against the Revenue by the judgment of this Court in Mahalaxmi Sugar Mills Company v. Commissioner Of Income Tax,(1986) 157 ITR 683 (Delhi) and of the Allahabad High Court in Nanhoomal Jyoti Prasad v. Commissioner OfIncome Tax, (1980) 123 ITR 269 (All). 5. However, learned counsel for the Revenue seeks to rely on the judgment ofthe Rajasthan High Court in Tata Iron &Steel Co. Ltd. v. Union ofIndia (decision dated 28th January 2014 in SB Civil Misc. Appeal No. 65/1997). Having…

PR. COMMISSIONER OF INCOME TAX-6 vs. NATIONAL FERTILIZERS LTD.

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE CHANDER SHEKHAR

…ble to deduction under Section 37(1) ofthe Income Tax Act, 1961? 4. The said question already stands answered in favour of the Assessee and against the Revenue by the judgment of this Court in Mahalaxmi Sugar Mills Company v. Commissioner Of Income Tax,(1986) 157 ITR 683 (Delhi) and of the Allahabad High Court in Nanhoomal Jyoti Prasad v. Commissioner OfIncome Tax, (1980) 123 ITR 269 (All). 5. However, learned counsel for the Revenue seeks to rely on the judgment ofthe Rajasthan High Court in Tata Iron &Steel Co. Ltd. v. Union ofIndia (decision dated 28th January 2014 in SB Civil Misc. Appeal No. 65/1997). Having…

DCIT, NEW DELHI vs. M/S NATIONAL FERTILIZERS LTD.,, NEW DELHI

In the result, appeals filed by the Revenue are dismissed and the appeals filed by the assessee are allowed for all the Assessment Years

Bench: Shri N. K. Saini & Smt. Beena A. Pillai

…t Year 2009-10 in I.T.A.No. 4076/Del/2013. The Tribunal for Assessment Year 2009- 10, has relied upon the decision of Hon'ble Jurisdictional High Court as well as the decision of Coordinate Bench of this Tribunal in Mahlaxmi Sugar Mills Co. Ltd. Vs CIT (1986) 157 ITR 683 (Del.) and Imcola (Exports) Ltd., in I.T.A.No.974/Mum/2009 respectively. The relevant findings are given in para 7 page 4 of the said order and read as under: “7. Ground no.2 is against the deletion of addition of Rs.2,36,00,000/- being demurrage & wharfage charges. These charges are paid to the railways towards delay in loading and unloading ope…

M/S NATIONAL FERTILIZER LTD.,NEW DELHI vs. DCIT, NEW DELHI

In the result, appeals filed by the Revenue are dismissed and the appeals filed by the assessee are allowed for all the Assessment Years

Bench: Shri N. K. Saini & Smt. Beena A. Pillai

…t Year 2009-10 in I.T.A.No. 4076/Del/2013. The Tribunal for Assessment Year 2009- 10, has relied upon the decision of Hon'ble Jurisdictional High Court as well as the decision of Coordinate Bench of this Tribunal in Mahlaxmi Sugar Mills Co. Ltd. Vs CIT (1986) 157 ITR 683 (Del.) and Imcola (Exports) Ltd., in I.T.A.No.974/Mum/2009 respectively. The relevant findings are given in para 7 page 4 of the said order and read as under: “7. Ground no.2 is against the deletion of addition of Rs.2,36,00,000/- being demurrage & wharfage charges. These charges are paid to the railways towards delay in loading and unloading ope…

DCIT, NEW DELHI vs. M/S NATIONAL FERTILIZERS LTD.,, NEW DELHI

In the result, the Appeal filed by the Revenue stands dismissed

Bench: Shri H.S. Sidhu & Shri Prashant Maharishi

…question is not the penalty or fine for violation of any statute. It is compensatory in nature. The issue stands covered by the following decisions. i) Nanhoomal Jyoti Prasad vs. CIT (1980) 123 ITR 269 (All.) ii) Mahalaxmi Sugar Mills Co. Ltd. vs. CIT (1986) 157 ITR 683 (Del.) iii) Imcola Exports Ltd. ITA 974/Mum/2009. Respectfuly following the same we uphold the finding of the First Appellate Authority and dismiss the ground of revneue.” 7.1 We find that the issue in dispute is squarely covered by the decision of the Tribunal in assessee’s own case in ITA No. 4076/Del/2013 dated 20.5.2015 (AY 2009-10). We fur…