Mahindra and Mahindra Ltd. v. DCIT

30 SOT 374Income Tax Appellate Tribunal2009#462 most cited

What is Mahindra and Mahindra Ltd. v. DCIT authority for?

The Commissioner of Income Tax (Appeals) cannot expand the scope of an assessment or improve the Assessing Officer's case in a manner that usurps the revisional power of the Commissioner of Income Tax under Section 263 of the Income-tax Act.

201

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

Mahindra & Mahindra Ltd. v. DCIT · CIT(A) powers · Section 263 · revisional power · scope of appeal · usurpation of power · Assessing Officer's case · ITAT Special Bench · Section 250 · Commissioner (Appeals)

Also reported as

313 ITR 263122 ITD 216122 TTJ 577117 Taxmann.com 578

Issues it is cited on

Judgments citing Mahindra and Mahindra Ltd. v. DCIT

Addl CIT 7(2), Mumbai vs. Reliance Natural Resources Ltd, Navi Mumbai

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

ITA 6711/MUM/2012[2008-09]Status: DisposedITAT Mumbai24 Aug 2016AY 2008-09

Bench: Shri G.S.Pannu & Shri Ravish Soodthe Dcit -7(2), Aaykar Bhavan,M.K.Road, Mumbai 400 020 ..... Appellant Vs. M/S. Reliance Natural Resources Ltd. H-Block, 1St Floor, Dhirubhai Ambani Knowledge City, Thane-Belapur Road, Koperkhairane, Navi Mumbai 400 710 Pan:Aabcr 7656P .... Respondent [ M/S. Reliance Natural Resources Ltd. H-Block, 1St Floor, Dhirubhai Ambani Knowledge City, Thane-Belapur Road, Koperkhairane, Navi Mumbai 400 710 Pan:Aabcr 7656P ... Appellant Vs. The Addl.Cit -7(2), Aaykar Bhavan,M.K.Road, Mumbai 400 020 .... Respondent Revenue By : Shri Jasbir Chouhan Assessee By : S/Shri Jitendra Sanghavi/ Deepak Jain Date Of Hearing : 17/8/2016 Date Of Pronouncement : 24/08/2016 (Assessment Year : 2008-09) Order Per G.S.Pannu,A.M:

For Appellant: S/Shri Jitendra Sanghavi/ Deepak JainFor Respondent: Shri Jasbir Chouhan
Section 143(3)Section 195Section 37(1)Section 40

…ntended by the learned A.R. that this issue is covered in favour of the assessee by the following judicial pronouncements on which he placed reliance earlier before the learned CIT(A): - i) Raymond Ltd. vs DCIT (2003) 86 ITD 791 (Mum) ii) Mahindra & Mahindra (30 SOT 374) (Mum SB) iii) Intratck Testing Services India P. Ltd. (307 ITR 418) (AAR) iv) DCIT vs. Boston Consulting Group Pte Ltd. (94 ITD 31) (Mum) v) ITO vs. De Beers India Minerals P. Ltd. (297 ITR (AT) 1760 (Bangalore) 13.4 We have heard the rival contentions of both the parties and perused and carefully considered the material on record; including the…

Foster Wheeler France S.A., Chennai vs. DDIT, Chennai

In the result, both the appeals of the assessee are dismissed

ITA 641/CHNY/2015[2009-10]Status: DisposedITAT Chennai05 Feb 2016AY 2009-10

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकर अपील सं./Ita No.774/Mds/2014 "नधा"रण वष" / Assessment Year :2008-09 & आयकर अपील सं./Ita No.641/Mds/2015 "नधा"रण वष" / Assessment Year : 2009-10 Foster Wheeler France S.A., The Dy. Director Of Income-Tax, C/O Srbc & Associates Llp, V. International Taxation -1, Chennai 6Th & 7Th Floor, “A” Block, Tidel Park, Chennai - 600 034. No.4, Rajiv Gandhi Salai, Taramani, Chennai - 600 113. Pan : Aabcf 3849 C (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Sh. B. Ramakrishnan, C.AFor Respondent: Sh. Pathlavath Peerya, CIT
Section 195Section 40Section 9(1)(vii)

…p services. The Ld. representative has also placed his reliance on the decision of Authority for Advance Ruling in Ernst & Young (P) Ltd. [2010-TIOL- 18-ARA-IT] and also on the decision of Mumbai Bench of this Tribunal in Mahindra and Mahindra Ltd. v. DCIT (313 ITR 263). The Ld. representative has also placed reliance on various other decisions and submitted that when technical knowledge is transferred through technical service, then alone the payment is considered as fee for technical services and liable for taxation in India. When the assessee was not made available any technical knowledge or expertise of F…

Foster Wheeler France S.A., Chennai vs. DDIT, Chennai

In the result, both the appeals of the assessee are dismissed

ITA 774/CHNY/2014[2008-09]Status: DisposedITAT Chennai05 Feb 2016AY 2008-09

Bench: Shri N.R.S. Ganesan & Shri A. Mohan Alankamonyआयकर अपील सं./Ita No.774/Mds/2014 "नधा"रण वष" / Assessment Year :2008-09 & आयकर अपील सं./Ita No.641/Mds/2015 "नधा"रण वष" / Assessment Year : 2009-10 Foster Wheeler France S.A., The Dy. Director Of Income-Tax, C/O Srbc & Associates Llp, V. International Taxation -1, Chennai 6Th & 7Th Floor, “A” Block, Tidel Park, Chennai - 600 034. No.4, Rajiv Gandhi Salai, Taramani, Chennai - 600 113. Pan : Aabcf 3849 C (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Sh. B. Ramakrishnan, C.AFor Respondent: Sh. Pathlavath Peerya, CIT
Section 195Section 40Section 9(1)(vii)

…p services. The Ld. representative has also placed his reliance on the decision of Authority for Advance Ruling in Ernst & Young (P) Ltd. [2010-TIOL- 18-ARA-IT] and also on the decision of Mumbai Bench of this Tribunal in Mahindra and Mahindra Ltd. v. DCIT (313 ITR 263). The Ld. representative has also placed reliance on various other decisions and submitted that when technical knowledge is transferred through technical service, then alone the payment is considered as fee for technical services and liable for taxation in India. When the assessee was not made available any technical knowledge or expertise of F…

Prime Focus Ltd.., Mumbai vs. D.C.I.T. (Ods) C. RG. 7, Mumbai

In the result, appeal of the Revenue and the Cross Objection filed by the assessee are dismissed

ITA 8364/MUM/2011[2008-09]Status: DisposedITAT Mumbai04 Feb 2016AY 2008-09

Bench: Shri D. Karunakara Rao & Shri Amarjit Singhi.T.A. No.8364/M/2011 (Assessment Year: 2008-2009) C.O.233/M/2012 (Arising Out Of Ita No.8066/M/2011) (Ay 2008-09) Prime Focus Limited, फनाभ/ Dcit (Osd-1), 1S T Floor, Old Dubbing & Central Range, Aayakar Vs. Recording Studio Building, Bhavan, Marine Lines, Dadasaheb Phalke Chitra Mumbai – 400 020. Nagari,Filmcity Campus, Opposite Hotel Food Paradise, Filmcity, Goregaon (E), Mumbai – 400 065. स्थामी रेखा सं./ Pan : Aaacp6811B (अऩीराथी /Appellant) .. (प्रत्मथी / Respondent)

For Appellant: Shri R.R. VoraFor Respondent: Shri M. Dayasagar, DR
Section 14ASection 234D

…capital or revenue and the Ld DR‟s attempt to rope in the provisions of section 35D of the Act constitutes creating a new case / issue by the Ld DR, which is not permissible as per the ratio laid down by the Special Bench in the case of Mahindra and Mahindra (122 TTJ 577), dated 9.4.2009 and also the decision of the ITAT, Mumbai in the case of Prakash L. Shah (115 ITD 167) dated 22nd August, 2008. In addition, Ld Counsel for the assessee relied on various other decisions to demonstrate that similar kind of expenses were allowed as revenue expenditure u/s 37(1) of the Act. The decisions in the case of Ashima synta…