Maral Overseas Ltd. v. ACIT

136 ITD 177Income Tax Appellate Tribunal2012#2536 most cited

What is Maral Overseas Ltd. v. ACIT authority for?

There is a distinction between the computation of deduction under sections 10A and 10B, where the entire business profit is eligible, versus sections 80IA, 80IB, and 80HH, where only profits derived from such businesses are eligible.

46

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2015 to 2026.

Also referred to as

Maral Overseas Ltd. v. ACIT · section 10B · section 80IA · section 80IB · section 80HH · eligible business profit · deduction

Also reported as

16 ITR 565

Sections most often in play

Section 10BSection 115JBSection 143(3)Section 14ASection 234BSection 234CSection 234DSection 43B

Issues it is cited on

section 108perquisite valueconvertible foreign exchangeactual payment basisinterest u/s 234cinterest under section 234csection 10bsection 234dsection 80hhcsection 80hhcomputer softwaresection 80ib

Judgments citing Maral Overseas Ltd. v. ACIT

Ranbaxy Laboratories Ltd., New Delhi vs. Addl. CIT, New Delhi

In the result, we direct the AO to reduce the book profit u/s 115JB of the Act by the amount of reversal of the provision of Rs

ITA 196/DEL/2013[2008-09]Status: DisposedITAT Delhi25 Apr 2016AY 2008-09

Bench: Sh. I. C.Sudhir Judicialmember & Sh. Prashant Maharishia.Y.: - 2008-09 Ranbaxy Laboratories Ltd. Vs Acit 12Th Floor, Devika Tower, Range -15 6, Nehru Place New Delhi New Delhi Pan No. Aaacr0127N (Appellant) (Respondent)

For Appellant: 1. Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Amrendra Kumar, CIT, DR
Section 143Section 143(3)Section 92D

…ing units with that of the company, he submitted that the method of computation sought to be applied by the assessing officer has nowhere been prescribed under section 80IB/IC of the Act. He relied on the following decisions: (i) Maral Overseas Ltd. vs. ACIT: 136 ITD 177 (SB) ITA 196 Del 2013 Ranbaxy Laboratories limited V ACIT A.Y. 2008-09 Page 81 of 134 (ii) Scientific Atlanta India Technology (P) Limited: 38 SOT 252/ 129 TTJ 273 (SB) p) Further, Ld. AO has held that since balance sheet in respect of the eligible undertakings was not filed along with such Form 10CCB, the conditions of section 80IA(7) of the…

DCIT, New Delhi vs. M/S. Bharat Sanchar Nigam Ltd., New Delhi

In the result, assessee’s appeal is allowed to the extent as mentioned above on the preliminary issue and the departmental appeal is dismissed

ITA 3386/DEL/2010[2004-05]Status: DisposedITAT Delhi23 Dec 2015AY 2004-05

Bench: Smt Diva Singh & Sh.J.S.Reddyi.T.A .No.-3304/Del/2010 (Assessment Year-2004-05) Bharat Sanchar Nigam Ltd., Vs Dcit, Corporate Office, Taxation Section, Circle-2(1), Room No.-398, First Floor, Bharat Sanchar Bhawan, C.R.Building, I.P.Estate, Janpath, New Delhi-1110001. New Delhi Pan-Aabcb5576G (Appellant) (Respondent)

Section 143(1)Section 143(3)Section 154Section 263Section 80Section 80I

…igh Court in the case of CIT vs Hirtnik Exports ITA 219/2014 and 239/2014 decided on November 13, 2014 and judgement by Karnataka High Court in case of CIT v Motorola India Electronics (P) Ltd. and Special bench order in the case of Maral Overseas Ltd. v ACIT 136 ITD 177, wherein in context of provisions of section 10b of the Act, it has been held that though section 10B(1) of the Act refers to profits ‘derived’, the formula prescribed under section 10B(4) of the Act does not require an assessee to establish a direct nexus with the business of the undertaking and once the income forms part of the business of the…

Bharat Sanchar Nigam Ltd., New Delhi vs. DCIT, New Delhi

In the result, assessee’s appeal is allowed to the extent as mentioned above on the preliminary issue and the departmental appeal is dismissed

ITA 3304/DEL/2010[2004-05]Status: DisposedITAT Delhi23 Dec 2015AY 2004-05

Bench: Smt Diva Singh & Sh.J.S.Reddyi.T.A .No.-3304/Del/2010 (Assessment Year-2004-05) Bharat Sanchar Nigam Ltd., Vs Dcit, Corporate Office, Taxation Section, Circle-2(1), Room No.-398, First Floor, Bharat Sanchar Bhawan, C.R.Building, I.P.Estate, Janpath, New Delhi-1110001. New Delhi Pan-Aabcb5576G (Appellant) (Respondent)

Section 143(1)Section 143(3)Section 154Section 263Section 80Section 80I

…igh Court in the case of CIT vs Hirtnik Exports ITA 219/2014 and 239/2014 decided on November 13, 2014 and judgement by Karnataka High Court in case of CIT v Motorola India Electronics (P) Ltd. and Special bench order in the case of Maral Overseas Ltd. v ACIT 136 ITD 177, wherein in context of provisions of section 10b of the Act, it has been held that though section 10B(1) of the Act refers to profits ‘derived’, the formula prescribed under section 10B(4) of the Act does not require an assessee to establish a direct nexus with the business of the undertaking and once the income forms part of the business of the…

DCIT, Bangalore vs. M/S Ge Medical System (I) (P) Limited, Bangalore

In the result, the revenue’s appeal is dismissed and the assessee’s appeal is partly allowed

ITA 337/BANG/2011[2004-05]Status: DisposedITAT Bangalore30 Jun 2015AY 2004-05

Bench: Smt. P. Madhavi Devi & Shri Abraham P George

For Appellant: Shri K.R.Vasudevan, AdvocateFor Respondent: Shri C.H.Sundar Rao, CIT(DR)
Section 10ASection 143(3)Section 92C

…whereas the Tribunal, in the case of GE BE Pvt. Ltd., in ITA No.815/Bang/2010 dated 06/12/2013 for the assessment year has considered the issue by following the decision of the Special Bench of the Tribunal, Indore in the case of Maral Overseas Ltd. vs. ACIT (136 ITD 177)(SB)(Indore) to hold that the claim of the assessee that profits from trading activity of the spare parts is also to be considered for the purpose of deduction u/s 10B of the Act should be accepted. The learned Departmental Representative, on the other hand, relied upon the judgment of the Hon’ble Supreme Court in the case of Liberty India Ltd. r…

Ge Medical Systems India Private Limited, Bangalore vs. DCIT, Bangalore

In the result, the revenue’s appeal is dismissed and the assessee’s appeal is partly allowed

ITA 333/BANG/2011[2005-06]Status: DisposedITAT Bangalore30 Jun 2015AY 2005-06

Bench: Smt. P. Madhavi Devi & Shri Abraham P George

For Appellant: Shri K.R.Vasudevan, AdvocateFor Respondent: Shri C.H.Sundar Rao, CIT(DR)
Section 10ASection 143(3)Section 92C

…whereas the Tribunal, in the case of GE BE Pvt. Ltd., in ITA No.815/Bang/2010 dated 06/12/2013 for the assessment year has considered the issue by following the decision of the Special Bench of the Tribunal, Indore in the case of Maral Overseas Ltd. vs. ACIT (136 ITD 177)(SB)(Indore) to hold that the claim of the assessee that profits from trading activity of the spare parts is also to be considered for the purpose of deduction u/s 10B of the Act should be accepted. The learned Departmental Representative, on the other hand, relied upon the judgment of the Hon’ble Supreme Court in the case of Liberty India Ltd. r…

Ge Medical Systems India Private Limited, Bangalore vs. DCIT, Bangalore

In the result, the revenue’s appeal is dismissed and the assessee’s appeal is partly allowed

ITA 332/BANG/2011[2004-05]Status: DisposedITAT Bangalore30 Jun 2015AY 2004-05

Bench: Smt. P. Madhavi Devi & Shri Abraham P George

For Appellant: Shri K.R.Vasudevan, AdvocateFor Respondent: Shri C.H.Sundar Rao, CIT(DR)
Section 10ASection 143(3)Section 92C

…whereas the Tribunal, in the case of GE BE Pvt. Ltd., in ITA No.815/Bang/2010 dated 06/12/2013 for the assessment year has considered the issue by following the decision of the Special Bench of the Tribunal, Indore in the case of Maral Overseas Ltd. vs. ACIT (136 ITD 177)(SB)(Indore) to hold that the claim of the assessee that profits from trading activity of the spare parts is also to be considered for the purpose of deduction u/s 10B of the Act should be accepted. The learned Departmental Representative, on the other hand, relied upon the judgment of the Hon’ble Supreme Court in the case of Liberty India Ltd. r…