MALPE VISHWANATH ACHARYA AND OTHERS v. STATE OF MAHARASHTRA AND ANOTHER. 365 32

Jt. Commissioner of Income Tax(OSD), Central Circle -1(2), Hyderabad vs. Sri Venkatesh Granites Private Limited, Hyderabad

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahuappellant Respondent

…n sub-section (1)(i) herein above. We therefore find no merit in the Revenue’s sole substantive grievance going by the principles of stricter interpretation as per hon'ble apex court’s recent landmark judgment in Commissioner of Customs Vs. Dilip Kumar (2018) 9 SCC 1 (FB)(SC). We thus adopt the very principle mutatis mutandis to reject Revenue’s instant sole grievance as well as the earlier appeal ITA No.1250/Hyd/2018. 5. Next comes the Revenue’s and assessee’s cross appeals ITA Nos.1251/Hyd/2018 and 1278/Hyd/2018 dealing with Section 271AAB penalty issue. Suffice to say, it transpires at the outset that the Asse…

Jt. Commissioner of Income Tax(OSD), Central Circle -1(2), Hyderabad vs. Sri Venkatesh Granites Private Limited, Hyderabad

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahuappellant Respondent

…n sub-section (1)(i) herein above. We therefore find no merit in the Revenue’s sole substantive grievance going by the principles of stricter interpretation as per hon'ble apex court’s recent landmark judgment in Commissioner of Customs Vs. Dilip Kumar (2018) 9 SCC 1 (FB)(SC). We thus adopt the very principle mutatis mutandis to reject Revenue’s instant sole grievance as well as the earlier appeal ITA No.1250/Hyd/2018. 5. Next comes the Revenue’s and assessee’s cross appeals ITA Nos.1251/Hyd/2018 and 1278/Hyd/2018 dealing with Section 271AAB penalty issue. Suffice to say, it transpires at the outset that the Asse…

Apf Estates Private Limited, Hyderabad vs. Asst. Commissioner of Income Tax, Central Circle-3, Hyderabad

Appeal is allowed in above terms

Bench: Shri S.S. Godara & Shri L. P. Sahu(Through Virtual Hearing) M/S. Apf Estates Private Limited, Hyderabad. Pan Aahca 1896J …..Appellant. Vs. Asst. Commissioner Of Income Tax, Central Circle 3, Hyderabad. …..Respondent. Appellant By : Shri P. Murali Mohana Rao. Respondent By : Shri Danda Srinivas (D.R.) Date Of Hearing : 20.07.2021. Date Of Pronouncement : 24.08.2021. O R D E R Per Shri S.S. Godara, J.M. : This Assessee’S Appeal For Asst. Year 2009-10 Arises From The Commissioner Of Income Tax (Appeals)-6, Hyderabad’S Order Dt.02.12.2019 Passed In Case No.10104/2019-20/A2/Cit(A)-6 In Proceedings Under Section 143(3) R.W.S. 153C Of Income Tax Act, 1961 (‘The Act’).

…tion and on account of the fact that no rebuttal to the foregoing clinching satisfaction note has come from the Revenue side, we adopt stricter instruction as per hon'ble apex court larger bench decision in Commissioner of Customs Vs. Dilip Kumar & Co. (2018) 9 SCC 1 (SC) and quash the impugned assessment framed u/s. 153C of the Act. All other pleadings on merits are rendered academic. 4. This assessee's appeal is allowed in above terms. Order pronounced in the open court on 24th Aug., 2021. (L.P. SAHU) (S.S. GODARA) Accountant Member Judicial Member Hyderabad, Dt. 24.08.2021. * Reddy gp 4 Copy to : 1. M/s. AP…

Rcc Laboratories India Private Limited, Hyderabad vs. Dy. Commissioner of Income Tax, Circle-3(1), Hyderabad

Appeals are allowed in above terms

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahu

…approved from the DSIR as per Section 35(2AB)(4) of the Act. 5. Learned departmental representative’s vehement contention is that the impugned deduction provision is to be construed strictly in light of case law, Commissioner of Customs Vs. Dilip Kumar (2018) 9 SCC 1 (FB)(SC). He next took us to Rule-6(7A)(b) of the Income Tax Rules making it clear that such a Form-3CL is very much mandatory before granting impugned Section 35(2AB) weighted deduction. 6. We have given our thoughtful consideration to rival contentions against and in support of the impugned disallowance and find no reason to agree with the Revenue…

Chadalavada Padmavathi, Hyd, Hyderabad vs. DCIT, Circle-11(1), Hyd, Hyderabad

Appeal is allowed in above terms

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahu

…quash the impugned re-opening itself for having failed to record the appropriate reasons pin pointing escapement of assessee’s taxable income from being assessed. Hon'ble apex court’s recent landmark judgment in Commissioner of Customs Vs. Dilip Kumar (2018) 9 SCC 1 (FB)(SC) also holds that the provisions in the Act have to be strictly construed only. We thus adopt the very principle mutatis mutandis and quash the impugned re-opening/re-assessment in above terms. All other pleadings on merits are rendered infructuous. 5. This assessee’s appeal is allowed in above terms. Order pronounced in the open court on 18…

Dy. Commissioner of Income Tax, Circle-16(1), Hyderabad vs. Nava Bharat Ventures Limited, Hyderabad

Appeal is partly allowed in above terms

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahu

…cheme ought to be considered for adjustment or not under rule 10B(1)(a)(iii) being in the nature of a “difference materially affecting the price in open market”. Hon’ble apex court’s latest Full Bench decision in Commissioner of Customs Vs. Dilip Kumar (2018) 9 SCC 1 (FB)(SC) holds that taxing and an exemption provisions have to be strictly construed and benefit of doubt in such an instance goes to the assessee and Revenue; respectively. We are unable to loose sight of the fact that chapter-X is ‘special’ as against all other general provisions including Section(s) 10, 10A, 10AA :- 6 -: and 10B etc; as the case…

American Infoserv Private Limited, Hyderabad vs. Dy. Commissioner of Income Tax, Circle-1(1), Hyderabad

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahu

…) direction on any other day and date; as the case may be within 180 days counted backwards from 29-06-2013 (supra). We thus adopt strict interpretation as per the hon'ble apex court’s recent landmark decision in Commissioner of Customs Vs. Dilip Kumar (2018) 9 SCC 1 (FB)(SC) and hold that the impugned Special Auditor’s report forming the basis of various disallowances/additions deserves to be quashed as non est. Ordered accordingly. All the foregoing disallowances/additions based on the said twin special audit reports also deserve to be deleted since having no legs to stand. 6. Mr.Mujumdar lastly sought to butt…

American Infoserv Private Limited, Hyd, Hyderabad vs. DCIT, Circle-1(1), Hyderabad

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahu

…) direction on any other day and date; as the case may be within 180 days counted backwards from 29-06-2013 (supra). We thus adopt strict interpretation as per the hon'ble apex court’s recent landmark decision in Commissioner of Customs Vs. Dilip Kumar (2018) 9 SCC 1 (FB)(SC) and hold that the impugned Special Auditor’s report forming the basis of various disallowances/additions deserves to be quashed as non est. Ordered accordingly. All the foregoing disallowances/additions based on the said twin special audit reports also deserve to be deleted since having no legs to stand. 6. Mr.Mujumdar lastly sought to butt…

Dy. Commissioner of Income Tax, Circle-1(1)., Hyderabad vs. American Infoserv Private Limited, Hyderabad

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahu

…) direction on any other day and date; as the case may be within 180 days counted backwards from 29-06-2013 (supra). We thus adopt strict interpretation as per the hon'ble apex court’s recent landmark decision in Commissioner of Customs Vs. Dilip Kumar (2018) 9 SCC 1 (FB)(SC) and hold that the impugned Special Auditor’s report forming the basis of various disallowances/additions deserves to be quashed as non est. Ordered accordingly. All the foregoing disallowances/additions based on the said twin special audit reports also deserve to be deleted since having no legs to stand. 6. Mr.Mujumdar lastly sought to butt…

Dt. Commissioner of Income Tax, Circle-1(1)., Hyderabad vs. American Infoserv Private Limited, Hyderabad

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahu

…) direction on any other day and date; as the case may be within 180 days counted backwards from 29-06-2013 (supra). We thus adopt strict interpretation as per the hon'ble apex court’s recent landmark decision in Commissioner of Customs Vs. Dilip Kumar (2018) 9 SCC 1 (FB)(SC) and hold that the impugned Special Auditor’s report forming the basis of various disallowances/additions deserves to be quashed as non est. Ordered accordingly. All the foregoing disallowances/additions based on the said twin special audit reports also deserve to be deleted since having no legs to stand. 6. Mr.Mujumdar lastly sought to butt…

Dy. Commissioner of Income Tax, Circle-2(2), Hyderabad vs. Global Aluminium Private Limited, Hyderabad

Appeals are dismissed

Bench: Shri S.S. Godara & Shri L.P. Sahu

…involving metal items. We make it clear that the assessee’s dyes in issue are not made out either of rubber or plastic material. We thus adopt stricter constructions going by hon’ble apex court’s recent landmark judgement in CIT vs Dilip Kumar and Co.. (2018) 9 SCC 1 (FB) (SC) to decline Revenue’s former argument and hold that assessees’ dyes are not covered under the foregoing items in the depreciation schedule. Coupled with this, it has come on record that hon’ble Madras high court’s decision in M/s TVS Motors Ltd. (supra) has already held; after considering all relevant case laws, that such dyes come under rev…

Income Tax Officer, Ward-2(2), Hyderabad vs. Global Aluminium Private Limited, Hyderabad

Appeals are dismissed

Bench: Shri S.S. Godara & Shri L.P. Sahu

…involving metal items. We make it clear that the assessee’s dyes in issue are not made out either of rubber or plastic material. We thus adopt stricter constructions going by hon’ble apex court’s recent landmark judgement in CIT vs Dilip Kumar and Co.. (2018) 9 SCC 1 (FB) (SC) to decline Revenue’s former argument and hold that assessees’ dyes are not covered under the foregoing items in the depreciation schedule. Coupled with this, it has come on record that hon’ble Madras high court’s decision in M/s TVS Motors Ltd. (supra) has already held; after considering all relevant case laws, that such dyes come under rev…

DCIT, Circle-2(2), Hyderabad vs. Global Aluminium Pvt. Ltd., Secunderabad

Appeals are dismissed

Bench: Shri S.S. Godara & Shri L.P. Sahu

…involving metal items. We make it clear that the assessee’s dyes in issue are not made out either of rubber or plastic material. We thus adopt stricter constructions going by hon’ble apex court’s recent landmark judgement in CIT vs Dilip Kumar and Co.. (2018) 9 SCC 1 (FB) (SC) to decline Revenue’s former argument and hold that assessees’ dyes are not covered under the foregoing items in the depreciation schedule. Coupled with this, it has come on record that hon’ble Madras high court’s decision in M/s TVS Motors Ltd. (supra) has already held; after considering all relevant case laws, that such dyes come under rev…

Dy. Commissioner of Income Tax, Circle-2(2), Hyderabad vs. Global Aluminium Private Limited, Secunderabad

Appeals are dismissed

Bench: Shri S.S. Godara & Shri L.P. Sahu

…involving metal items. We make it clear that the assessee’s dyes in issue are not made out either of rubber or plastic material. We thus adopt stricter constructions going by hon’ble apex court’s recent landmark judgement in CIT vs Dilip Kumar and Co.. (2018) 9 SCC 1 (FB) (SC) to decline Revenue’s former argument and hold that assessees’ dyes are not covered under the foregoing items in the depreciation schedule. Coupled with this, it has come on record that hon’ble Madras high court’s decision in M/s TVS Motors Ltd. (supra) has already held; after considering all relevant case laws, that such dyes come under rev…

Nec-Ncc-Maytas Jv, Hyderabad vs. Dy. Commissioner of Income Tax, Circle-6(1), Hyderabad

Appeals are dismissed

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahu(Through Virtual Hearing)

…o say, such a course of liberal interpretation is no more available while dealing with the Income Tax Act’s provisions as per honourable apex court’s recent constitutional bench’s decision in Commissioner of Customs (Import) Vs. Dilip Kumar and Co. (2018) 9 SCC 1 settling the law that a fiscal statute as well as an exemption clause incorporated 432/Hyd/2016; 2137/Hyd/2017 & 496, 1129 to 1132/Hyd/2018 therein ought to be construed in stricter parlance only. Their lordships make it clear that benefit of doubt in case of taxing provision goes to the tax payer and vice versa in an instance of an exemption pr…

Nec-Ncc-Maytas Jv, Hyderabad vs. Income Tax Officer, Ward-6(1), Hyderabad

Appeals are dismissed

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahu(Through Virtual Hearing)

…o say, such a course of liberal interpretation is no more available while dealing with the Income Tax Act’s provisions as per honourable apex court’s recent constitutional bench’s decision in Commissioner of Customs (Import) Vs. Dilip Kumar and Co. (2018) 9 SCC 1 settling the law that a fiscal statute as well as an exemption clause incorporated 432/Hyd/2016; 2137/Hyd/2017 & 496, 1129 to 1132/Hyd/2018 therein ought to be construed in stricter parlance only. Their lordships make it clear that benefit of doubt in case of taxing provision goes to the tax payer and vice versa in an instance of an exemption pr…

Nec-Ncc Maytas Joint Venture, Hyd, Hyderabad vs. ACIT, Cirlce-6(1), Hyd, Hyderabad

Appeals are dismissed

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahu(Through Virtual Hearing)

…o say, such a course of liberal interpretation is no more available while dealing with the Income Tax Act’s provisions as per honourable apex court’s recent constitutional bench’s decision in Commissioner of Customs (Import) Vs. Dilip Kumar and Co. (2018) 9 SCC 1 settling the law that a fiscal statute as well as an exemption clause incorporated 432/Hyd/2016; 2137/Hyd/2017 & 496, 1129 to 1132/Hyd/2018 therein ought to be construed in stricter parlance only. Their lordships make it clear that benefit of doubt in case of taxing provision goes to the tax payer and vice versa in an instance of an exemption pr…