Mewar Industries Ltd. v. ITO

32 SOT 9Income Tax Appellate Tribunal2009#24463 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 348,628 Indian tax judgments — from 2022 to 2025.

Sections most often in play

Section 13 Section 132 Section 142(1)Section 143(1)(a)Section 143(2)Section 143(3)Section 144 Section 145

Judgments citing Mewar Industries Ltd. v. ITO

M/S Kanak Vrindavan Resorts Limited, Jaipur vs. Income Tax Officer, Ward 6(2), Jaipur

In the result, the appeal of the assessee is allowed

ITA 543/JPR/2025[2016-17]Status: DisposedITAT Jaipur02 Sept 2025AY 2016-17

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

For Appellant: Sh. Tarun Mittal, CAFor Respondent: Sh. Gautam Singh Choudhary, Addl. CIT

Section 143(1)(a)Section 143(2)Section 143(3)Section 145Section 37

…ture – Allowability of – Assessment years 1990-91 and 1991-92 – Whether expenditure may not have been incurred under any legal obligation, yet it is allowable as a business expenditure if it was incurred on grounds of commercial expediency – Held, yes. (2009) 32 SOT 9 (Pune) Dy. CIT v. Kolhapur Zilla Sahakari Dudh Utpadak Sangh Ltd. A.Ys.: 1993-94, 1995-96 to 1999-2000 and 2001-02 Dated.: 28.03.2008 S. 37(1)—For the expenditure to be allowable u/s. 37(1), it may be incurred ‘voluntarily’ and without any ‘necessity’ and if it is incurred for promoting business and to earn profits, assessee can claim deduction u/s.…

DCIT CC7 (2), Mumbai vs. M/S. Anik Industries Ltd, Mumbai

In the result, the appeal filed by the revenue is dismissed

ITA 2267/MUM/2021[2004-05]Status: DisposedITAT Mumbai29 Jul 2022AY 2004-05

Bench: Shri Pramod Kumar & Shri Pavan Kumar Gadaledcit, Cc-7(2) Vs. M/S Anik Industries Ltd Room No. 655, 3Rd Floor, 610, Tulsiani Aayakar Bhavan, Chamber, Nariman Point Mk Road, Mumbai – 400021. Mumbai – 400020. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacm2696K Appellant .. Respondent Appellant By : Smt Shailja Rai.Dr Respondent By : Shri.Bhupendra Shah.Ar Date Of Hearing 26.07.2022 Date Of Pronouncement 28.07.2022 आदेश / O R D E R Per Pavan Kumar Gadale, Jm: The Revenue Has Filed The Appeal Against The Order Passed By The Commissioner Of Income Tax (Appeals) U/S 271(1)(C) & 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Smt Shailja Rai.DRFor Respondent: Shri.Bhupendra Shah.AR

Section 143(2)Section 271(1)(c)

…upplied) 6.2.42. It, therefore, follows that a bona fide claim erroneously made does not justify penalty as also held in the case of VIT v. Span Holdings Ltd. [2007] 294 ITR 83 (Delhi). Further, it was so held in the case of Mewar Industries Ltd v. ITO [2009] 32 SOT 9 (Delhi) (URO) that a bona fide claim cannot be subjected to penalty for concealment under section 271 (1)(c). A similar view was M/s Anik Industires Ltd., Mumbai. taken by the Hon'ble High Court in CIT v. Pitambardas Sulichand [2005] 273 IT 271 (MP). 6.2.43. In the case of CIT v. International Audio Visual Co. [2007] 288 IT 570 (Delhi), it was held…

M/S. Mahalaxmi Saws Pvt. Ltd., H-39, Road No.2B, Riico Industrial Area, Sirsi Road, Bindayaka, Jaipur vs. Income Tax Officer Ward-4(2) Jaipur, Jaipur

In the result, this appeal of the assessee is allowed

ITA 280/JPR/2019[2012-13]Status: DisposedITAT Jaipur22 Feb 2022AY 2012-13

For Appellant: Shri Manish Agarwal (CA)For Respondent: Smt. Monisha Choudhary (JCIT)

Section 143(1)Section 143(2)Section 14ASection 68

…he circumstances of the case. No businessman can be compelled to maximize his profits.” The Coordinate Bench of Pune Tribunal in the case of DCIT v. Kolhapur Zilla Sahakari Dudh 26 ITA 280/JP/2019_ M/s Mahalaxmi Saws Pvt. Ltd. Vs ITO Utpadak Sangh Ltd. (2009)32 SOT 9 (Pune) has held that “S. 37(1)—For the expenditure to be allowable u/s. 37(1), it may be incurred `voluntarily' and without any 'necessity' and if it is incurred for promoting business and to earn profits, assessee can claim deduction u/s. 37(1), even though there was no compelling necessity to incur such expenditure.” Considering the totality of fa…