Mcorp Global P. Ltd. v. CIT

309 ITR 434Supreme Court of India2009#2032 most cited

What is Mcorp Global P. Ltd. v. CIT authority for?

The Income Tax Appellate Tribunal cannot enhance an assessment or take back a benefit granted to an assessee by the Assessing Officer. The Tribunal's power under section 254(1) is not to enhance the assessment.

56

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2009 to 2025.

Also referred to as

MCorp Global P. Ltd. v. CIT · section 254(1) · Tribunal power to enhance assessment · benefit granted by AO · Hukumchand Mills Ltd. v. CIT · not authorized to take back benefit

Sections most often in play

Section 143(3)Section 35ABBSection 37(1)Section 254Section 145(2)Section 250Section 253Section 263
Read the full judgment

Issues it is cited on

section 80lacompensatory interestsection 35abbsection 80lsection 72asection 55(2)section 139(9)section 49carry forward of lossessection 72fresh tangible materialsection 55

Judgments citing Mcorp Global P. Ltd. v. CIT

Evalueserve.Com Pvt. Ltd., Gurgaon vs. ACIT, New Delhi

ITA 1466/DEL/2015[2010-11]Status: DisposedITAT Delhi03 Aug 2018AY 2010-11

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Section 143(3)Section 144CSection 92C

…of the TPO. He cannot do or argue what the TPO could have done but failed to do. For the above preposition, the Ld. AR relied upon the following decision: i) CIT vs. Ms. Aishwariya K.Rai [2010] 127 ITD 204- Mumbai ITAT ii) MCorp Global P. Ltd. vs. CIT [2009] 309 ITR 434 (SC) iii) Mckinsey Knowledge Centre (P.) Ltd. vs. DCIT [2017] 77 taxmann.com 164 (Delhi - Trib.) iv) Mahindra & Mahindra Ltd. vs. DCIT - Mumbai IT AT - Special Bench [2010] 122 ITD 216 (Mumbai) (SB) v) Emission AB- Delhi ITAT- 20/56 SOT 177 vi) ITO vs. Anant Y. Chavan [2009] 126 TTJ (Pune) 984 vii) American Express (India) (P.) Ltd. vs. DCIT- [20…

Evalueserve.Com Pvt. Ltd., New Delhi vs. ITO, New Delhi

ITA 6310/DEL/2012[2008-09]Status: DisposedITAT Delhi03 Aug 2018AY 2008-09

Bench: Shri R. K. Panda & Ms Suchitra Kamble

Section 143(3)Section 144CSection 92C

…of the TPO. He cannot do or argue what the TPO could have done but failed to do. For the above preposition, the Ld. AR relied upon the following decision: i) CIT vs. Ms. Aishwariya K.Rai [2010] 127 ITD 204- Mumbai ITAT ii) MCorp Global P. Ltd. vs. CIT [2009] 309 ITR 434 (SC) iii) Mckinsey Knowledge Centre (P.) Ltd. vs. DCIT [2017] 77 taxmann.com 164 (Delhi - Trib.) iv) Mahindra & Mahindra Ltd. vs. DCIT - Mumbai IT AT - Special Bench [2010] 122 ITD 216 (Mumbai) (SB) v) Emission AB- Delhi ITAT- 20/56 SOT 177 vi) ITO vs. Anant Y. Chavan [2009] 126 TTJ (Pune) 984 vii) American Express (India) (P.) Ltd. vs. DCIT- [20…

M/S Fidelity Business Services India Pvt Ltd vs. Assistant Commissioner of Income Tax

ITA/512/2017HC Karnataka23 Jul 2018

Bench: S.SUJATHA,VINEET KOTHARI

Section 2(22)(e)Section 254Section 260

…by section 254 of the Income-tax Act, the Income-tax Appellate Tribunal has power to restore and rehear an appeal disposed of an the merits in the absence of any hearing.” 58. In the case of MCORP Global P.Ltd. Vs. Commissioner of Income-Tax [2009] 309 ITR 434 (SC), the Hon’ble Supreme Court held in the context of findings given by the learned Assessing Authority, the Tribunal could not take back the benefit conferred by the Assessing Authority without any controverting material. The Court observed:- “When the matter came before the Appellate Tribunal, the Tribunal held that since the lease wa…

Upkar Infra Projects Pvt.Ltd., Hyd, Hyderabad vs. DCIT, Circle-3(3), Hyd, Hyderabad

In the result, the Miscellaneous Applications are allowed and the assessee’s appeal is treated as allowed for statistical purposes

ITA 1349/HYD/2015[2006-07]Status: DisposedITAT Hyderabad28 Mar 2018AY 2006-07

Bench: Smt. P. Madhavi Devi & Shri B. Ramakotaiah

For Appellant: Shri S. Rama Rao, ARFor Respondent: Smt. N. Swapna, DR
Section 143(3)Section 254

…that u/s. 254 of the Act, the Tribunal cannot take away the benefit granted to assessee by the AO. In support of this contention, he placed reliance upon the decision of the Hon'ble Supreme Court of India in the case of MCorp Global (P.) Ltd., Vs. CIT (2009) [309 ITR 434] (SC). Ld. Counsel therefore prayed that the order of the Tribunal dt. 31-01-2011 be rectified and suitable direction may be given. 3. Ld.DR was also heard. 4. Having regard to the rival contentions and material on record, we find that the AO has allowed depreciation after arriving at the gross income by estimating the income, but while giving…

ITO, New Delhi vs. M/S Ganpati Hydro Power Pvt. Ltd., New Delhi

In the result the ground No

ITA 5629/DEL/2012[2009-10]Status: DisposedITAT Delhi30 Nov 2017AY 2009-10

Bench: : Shri H.S. Sidhu & Shri L.P. Sahu

Section 143(2)

…d to supporting or defending the AO's order and he cannot set up altogether a different case. The benefit conferred by the AO cannot be taken back by the Tribunal. This principle has been laid down by the Hon'ble Supreme Court in MCorp Global (P.) Ltd. [2009] 309 ITR 434 (SC) and the relevant extract is given below: "6. In the case of Hukumchand Mills Ltd. v. CIT [1967] 63 ITR 232 this Court has held that under section 33(4) of the Income-tax Act, 1922 [equivalent to section 254(1) of the 1961 Act], the Tribunal -was not authorized to take back the benefit granted to the assessee by the Assessing Officer. The Tri…

Executive Centre India P.Ltd, Mumbai vs. JCIT (OSD) 8(1), Mumbai

In the result, appeal of the assessee is allowed in part

ITA 6179/MUM/2012[2009-10]Status: DisposedITAT Mumbai16 Dec 2015AY 2009-10
For Appellant: Shri S.K.MutsaddiFor Respondent: Shri Javed Akhtar
Section 143(3)Section 35D

…o.30 as per agreement dtd.15.09.2008 and therefore, the asset was used for the purposes of business. The Bombay High Court in Kotak Mahindra Finance Ltd. 317 ITR 236 by relying on the Supreme Court decision rendered in the matter of M. Corp Global Pvt. Ltd. - 309 ITR 434 has held that assessee carrying on business of leasing is entitled to claim depreciation, as soon as, the machinery is leased and rent is received, whether the lessee has installed the machinery or not is immaterial. In the above decision of the Bombay High Court, its earlier decision in the case of Dinesh Kumar Gulabchand Agarwal - 267 ITR 768 w…

Tata Aig General Insurance Company Ltd, Mumbai vs. DCIT 2(3), Mumbai

In the result, appeals of the revenue are dismissed, whereas appeals of the assessee are allowed, in terms indicated hereinabove

ITA 4167/MUM/2012[2008-09]Status: DisposedITAT Mumbai20 Nov 2015AY 2008-09
For Appellant: Shri F.V.IraniFor Respondent: Manjunatha R. Swamy
Section 10(34)Section 143(3)Section 14A

…d details of such expenses as appearing at page 50- 51 of the assessee's paper book and the same has also been considered by the Assessing Officer in para 5.16 of the assessment order. By placing reliance on the judgment in Mcorp Global P. Ltd. Vs. CIT (2009) 309 ITR 434(SC) he submits that the Appellate Tribunal has no power to take back the benefit conferred by the Assessing Officer or enhance the assessment . He therefore, submits that the disallowance made by the Assessing Officer and sustained by the ld. CIT(A) be deleted. 9. We have carefully considered the submissions of the rival parties and perused the…

DCIT 2(3), Mumbai vs. Tata Aig General Insurance Co. Ltd, Mumbai

In the result, appeals of the revenue are dismissed, whereas appeals of the assessee are allowed, in terms indicated hereinabove

ITA 4071/MUM/2012[2008-09]Status: DisposedITAT Mumbai20 Nov 2015AY 2008-09
For Appellant: Shri F.V.IraniFor Respondent: Manjunatha R. Swamy
Section 10(34)Section 143(3)Section 14A

…d details of such expenses as appearing at page 50- 51 of the assessee's paper book and the same has also been considered by the Assessing Officer in para 5.16 of the assessment order. By placing reliance on the judgment in Mcorp Global P. Ltd. Vs. CIT (2009) 309 ITR 434(SC) he submits that the Appellate Tribunal has no power to take back the benefit conferred by the Assessing Officer or enhance the assessment . He therefore, submits that the disallowance made by the Assessing Officer and sustained by the ld. CIT(A) be deleted. 9. We have carefully considered the submissions of the rival parties and perused the…

Addl CIT 2(3), Mumbai vs. Tata Aig General Insurance Co. Ltd, Mumbai

In the result, appeals of the revenue are dismissed, whereas appeals of the assessee are allowed, in terms indicated hereinabove

ITA 3596/MUM/2011[2007-08]Status: DisposedITAT Mumbai20 Nov 2015AY 2007-08
For Appellant: Shri F.V.IraniFor Respondent: Manjunatha R. Swamy
Section 10(34)Section 143(3)Section 14A

…d details of such expenses as appearing at page 50- 51 of the assessee's paper book and the same has also been considered by the Assessing Officer in para 5.16 of the assessment order. By placing reliance on the judgment in Mcorp Global P. Ltd. Vs. CIT (2009) 309 ITR 434(SC) he submits that the Appellate Tribunal has no power to take back the benefit conferred by the Assessing Officer or enhance the assessment . He therefore, submits that the disallowance made by the Assessing Officer and sustained by the ld. CIT(A) be deleted. 9. We have carefully considered the submissions of the rival parties and perused the…

Tata Aig General Insurance Company Ltd, Mumbai vs. Addl CIT RG 2(3), Mumbai

In the result, appeals of the revenue are dismissed, whereas appeals of the assessee are allowed, in terms indicated hereinabove

ITA 3535/MUM/2011[2007-08]Status: DisposedITAT Mumbai20 Nov 2015AY 2007-08
For Appellant: Shri F.V.IraniFor Respondent: Manjunatha R. Swamy
Section 10(34)Section 143(3)Section 14A

…d details of such expenses as appearing at page 50- 51 of the assessee's paper book and the same has also been considered by the Assessing Officer in para 5.16 of the assessment order. By placing reliance on the judgment in Mcorp Global P. Ltd. Vs. CIT (2009) 309 ITR 434(SC) he submits that the Appellate Tribunal has no power to take back the benefit conferred by the Assessing Officer or enhance the assessment . He therefore, submits that the disallowance made by the Assessing Officer and sustained by the ld. CIT(A) be deleted. 9. We have carefully considered the submissions of the rival parties and perused the…

Tata Aig General Insurance Company Limited, Mumbai vs. Addl. C.I.T. Range 2(3), Mumbai

In the result, appeals of the revenue are dismissed, whereas appeals of the assessee are allowed, in terms indicated hereinabove

ITA 1702/MUM/2011[2006-07]Status: DisposedITAT Mumbai20 Nov 2015AY 2006-07
For Appellant: Shri F.V.IraniFor Respondent: Manjunatha R. Swamy
Section 10(34)Section 143(3)Section 14A

…d details of such expenses as appearing at page 50- 51 of the assessee's paper book and the same has also been considered by the Assessing Officer in para 5.16 of the assessment order. By placing reliance on the judgment in Mcorp Global P. Ltd. Vs. CIT (2009) 309 ITR 434(SC) he submits that the Appellate Tribunal has no power to take back the benefit conferred by the Assessing Officer or enhance the assessment . He therefore, submits that the disallowance made by the Assessing Officer and sustained by the ld. CIT(A) be deleted. 9. We have carefully considered the submissions of the rival parties and perused the…

Addl CIT 2(3), Mumbai vs. Tata Aig General Insurance Co. Ltd, Mumbai

In the result, appeals of the revenue are dismissed, whereas appeals of the assessee are allowed, in terms indicated hereinabove

ITA 1584/MUM/2011[2006-07]Status: DisposedITAT Mumbai20 Nov 2015AY 2006-07
For Appellant: Shri F.V.IraniFor Respondent: Manjunatha R. Swamy
Section 10(34)Section 143(3)Section 14A

…d details of such expenses as appearing at page 50- 51 of the assessee's paper book and the same has also been considered by the Assessing Officer in para 5.16 of the assessment order. By placing reliance on the judgment in Mcorp Global P. Ltd. Vs. CIT (2009) 309 ITR 434(SC) he submits that the Appellate Tribunal has no power to take back the benefit conferred by the Assessing Officer or enhance the assessment . He therefore, submits that the disallowance made by the Assessing Officer and sustained by the ld. CIT(A) be deleted. 9. We have carefully considered the submissions of the rival parties and perused the…

M/S. Karnataka Instrade Corporation Limited vs. The Assistant Commissioner of Income Tax

The appeal is allowed in part

ITA/339/2009HC Karnataka09 Oct 2015

Bench: B.MANOHAR,VINEET SARAN

Section 144Section 145Section 260

…he Tribunal has wrongly deducted the said expenditure which is also contrary to law. In support of the contention of the learned counsel for the appellant, he relied upon a judgment reported in Mcorp Global P. Ltd. V/S. Commissioner of Income Tax (2009) 309 ITR 434 (SC). 12. Sri.K.V.Aravind, learned counsel appearing for the respondent-Revenue argued in support of the order passed by the Tribunal and contended that as per the agreement dated 25-08-1999, cement factory, land, plant and machinery has been sold to M/s. MCL along with the irrevocable power of attorney for operating cement plant as wel…

Video Electronics P.Ltd vs. Income Tax Officerr

ITA - 1100 / 2009HC Delhi01 Dec 2010
Section 147Section 148

…ance upon on the reasons given by the Judicial Member and the third Member upholding the validity of the re-assessment proceedings. She has relied upon the judgment of Supreme Court in the case of <u>MCorp</u> <u>Clobal Pvt. Ltd. Vs. CIT, Ghaziabad</u> (2009) 309 ITR 434 (SC) the Supreme Court held in the aforesaid case as under:- "In this case, one is concerned with the nature of transaction dated 15-3-1991. The question to be asked is whether the assessee has proved the transaction dated 15-3-1991? The question of "appropriation" of the bottles to a particular contract is different from the concept relating to…

Video Electronics Ltd vs. Joint CIT

ITA/1415/2008HC Delhi01 Dec 2010
Section 147Section 148

…trong reliance upon on the reasons given by the Judicial Member and the third Member upholding the validity of the re-assessment proceedings. She has relied upon the judgment of Supreme Court in the case of MCorp Global Pvt. Ltd. Vs. CIT, Ghaziabad (2009) 309 ITR 434 (SC) the Supreme Court held in the aforesaid case as under:- “In this case, one is concerned with the nature of transaction dated 15-3-1991. The question to be asked is whether the assessee has proved the transaction dated 15-3-1991? The question of "appropriation" of the bottles to a particular contract is different from the concept relat…

The Commissioner of Income Tax ¿¿¿ II vs. Jindal Equipments Leasing & Consultancy Services Ltd

ITA-51/2009HC Delhi23 Dec 2009
Section 260ASection 28Section 41Section 41(1)

…nt. The Revenue cannot be allowed to change the very foundation on which the assessment was bassed, to the prejudice and detriment of the assessee, as held by the Hon‟ble Supreme Court in the case of MCorp Global Pvt. Ltd. Vs. Commissioner of Income Tax [309 ITR 434]. It was also pointed out that though the CIT(A) had sustained the addition in terms of Section 41(1) read with Section 28(i) of the Act, he had only invoked Clause (i) of Section 28 of the Act and not Clause (iv) thereof. In this behalf, further submission of the learned counsel was that clause (i) of Section 28 stipulates that the profit…