National Small Industries Corp. Ltd. v. DCIT

175 ITD 601Income Tax Appellate Tribunal2019#9471 most cited

What is National Small Industries Corp. Ltd. v. DCIT authority for?

Amendments made to Section 37 of the Income-tax Act, 1961, by the Finance (No. 2) Act, 2014, are prospective and not retrospective. These amendments are applicable from Assessment Year 2015-16 onwards and do not apply to prior assessment years.

11

judgments rely on this decision, according to BharatTax’s citation analysis of 366,315 Indian tax judgments — from 2020 to 2023.

Also referred to as

National Small Industries Corp. Ltd. v. DCIT · 175 ITD 601 · section 37(1) · Finance Act 2014 · prospective amendment · revenue expenditure · capital expenditure · AY 2015-16

Issues it is cited on

non-compete feeenduring benefitrevenue expenditurecapital expendituresection 40(a)(ia)section 37(1)application of incomecommercial expediencysection 37scrutiny assessmentsection 263section 19

Judgments citing National Small Industries Corp. Ltd. v. DCIT

DCIT, New Delhi vs. M/S. Hindustan Coca Cola Beverage Pvt. Ltd., New Delhi

In the result ground nos

ITA 3903/DEL/2015[2007-08]Status: DisposedITAT Delhi12 Apr 2023AY 2007-08

Bench: Sh. N.K.Billaiya & Sh. Anubhav Sharma

Section 143(2)Section 143(3)Section 40

…nature and made applicable to A.Y. 2004-05. In this context, it can be observed that the Raipur Tribunal Bench in the case of Jindal Power Limited ITA no. 99/BLPR/2012 and Co-ordinate Delhi Tribunal in The National Small Industries Corp. Ltd. vs. DCIT [2019] 175 ITD 601 (Del, Trib.) while relying CIT vs. Vatika Townships Pvt. Ltd. 2014, 367 ITR 466 have held that the explanation is not retrospective. These decisions of the Tribunal have been followed by Co-ordinate Bench, in case of Honda Motorcycle and Scooter India Pvt. Ltd. vs. DCIT, ITA no. 7714/Del/2017 decided on 31.08.2020. This bench is of considered opi…

DCIT, New Delhi vs. M/S. Hindustan Coca Cola Beverage Pvt. Ltd., New Delhi

In the result ground nos

ITA 3902/DEL/2015[2006-07]Status: DisposedITAT Delhi12 Apr 2023AY 2006-07

Bench: Sh. N.K.Billaiya & Sh. Anubhav Sharma

Section 143(2)Section 143(3)Section 40

…nature and made applicable to A.Y. 2004-05. In this context, it can be observed that the Raipur Tribunal Bench in the case of Jindal Power Limited ITA no. 99/BLPR/2012 and Co-ordinate Delhi Tribunal in The National Small Industries Corp. Ltd. vs. DCIT [2019] 175 ITD 601 (Del, Trib.) while relying CIT vs. Vatika Townships Pvt. Ltd. 2014, 367 ITR 466 have held that the explanation is not retrospective. These decisions of the Tribunal have been followed by Co-ordinate Bench, in case of Honda Motorcycle and Scooter India Pvt. Ltd. vs. DCIT, ITA no. 7714/Del/2017 decided on 31.08.2020. This bench is of considered opi…

Hindustan Coca-Cola Beverages Pvt. Ltd., Gurgaon vs. Deputy Commissioner of Income-Tax, New Delhi

In the result ground nos

ITA 2701/DEL/2015[2007-08]Status: DisposedITAT Delhi12 Apr 2023AY 2007-08

Bench: Sh. N.K.Billaiya & Sh. Anubhav Sharma

Section 143(2)Section 143(3)Section 40

…nature and made applicable to A.Y. 2004-05. In this context, it can be observed that the Raipur Tribunal Bench in the case of Jindal Power Limited ITA no. 99/BLPR/2012 and Co-ordinate Delhi Tribunal in The National Small Industries Corp. Ltd. vs. DCIT [2019] 175 ITD 601 (Del, Trib.) while relying CIT vs. Vatika Townships Pvt. Ltd. 2014, 367 ITR 466 have held that the explanation is not retrospective. These decisions of the Tribunal have been followed by Co-ordinate Bench, in case of Honda Motorcycle and Scooter India Pvt. Ltd. vs. DCIT, ITA no. 7714/Del/2017 decided on 31.08.2020. This bench is of considered opi…

Hindustan Coca-Cola Beverages Pvt. Ltd., Gurgaon vs. Deputy Commissioner of Income-Tax, New Delhi

In the result ground nos

ITA 2700/DEL/2015[2006-07]Status: DisposedITAT Delhi12 Apr 2023AY 2006-07

Bench: Sh. N.K.Billaiya & Sh. Anubhav Sharma

Section 143(2)Section 143(3)Section 40

…nature and made applicable to A.Y. 2004-05. In this context, it can be observed that the Raipur Tribunal Bench in the case of Jindal Power Limited ITA no. 99/BLPR/2012 and Co-ordinate Delhi Tribunal in The National Small Industries Corp. Ltd. vs. DCIT [2019] 175 ITD 601 (Del, Trib.) while relying CIT vs. Vatika Townships Pvt. Ltd. 2014, 367 ITR 466 have held that the explanation is not retrospective. These decisions of the Tribunal have been followed by Co-ordinate Bench, in case of Honda Motorcycle and Scooter India Pvt. Ltd. vs. DCIT, ITA no. 7714/Del/2017 decided on 31.08.2020. This bench is of considered opi…

Hindustan Coca-Cola Beverages Pvt. Ltd., Gurgaon vs. DCIT, New Delhi

In the result ground nos

ITA 6606/DEL/2014[2005-06]Status: DisposedITAT Delhi12 Apr 2023AY 2005-06

Bench: Sh. N.K.Billaiya & Sh. Anubhav Sharma

Section 143(2)Section 143(3)Section 40

…nature and made applicable to A.Y. 2004-05. In this context, it can be observed that the Raipur Tribunal Bench in the case of Jindal Power Limited ITA no. 99/BLPR/2012 and Co-ordinate Delhi Tribunal in The National Small Industries Corp. Ltd. vs. DCIT [2019] 175 ITD 601 (Del, Trib.) while relying CIT vs. Vatika Townships Pvt. Ltd. 2014, 367 ITR 466 have held that the explanation is not retrospective. These decisions of the Tribunal have been followed by Co-ordinate Bench, in case of Honda Motorcycle and Scooter India Pvt. Ltd. vs. DCIT, ITA no. 7714/Del/2017 decided on 31.08.2020. This bench is of considered opi…

Hindustan Coca-Cola Beverages Pvt. Ltd., Gurgaon vs. DCIT, New Delhi

In the result ground nos

ITA 6605/DEL/2014[2004-05]Status: DisposedITAT Delhi12 Apr 2023AY 2004-05

Bench: Sh. N.K.Billaiya & Sh. Anubhav Sharma

Section 143(2)Section 143(3)Section 40

…nature and made applicable to A.Y. 2004-05. In this context, it can be observed that the Raipur Tribunal Bench in the case of Jindal Power Limited ITA no. 99/BLPR/2012 and Co-ordinate Delhi Tribunal in The National Small Industries Corp. Ltd. vs. DCIT [2019] 175 ITD 601 (Del, Trib.) while relying CIT vs. Vatika Townships Pvt. Ltd. 2014, 367 ITR 466 have held that the explanation is not retrospective. These decisions of the Tribunal have been followed by Co-ordinate Bench, in case of Honda Motorcycle and Scooter India Pvt. Ltd. vs. DCIT, ITA no. 7714/Del/2017 decided on 31.08.2020. This bench is of considered opi…

DCIT, C-11(1), New Delhi vs. Hero Motocorp Ltd., New Delhi

Appeal of the Revenue is dismissed

ITA 1982/DEL/2019[2014-15]Status: DisposedITAT Delhi03 Feb 2023AY 2014-15

Bench: Shri Narendra Kumar Billaiya & Shri Kul Bharat

Section 14ASection 2(22)(e)Section 40Section 40a

…4, w.e.f., 01.04.2015 is applicable from assessment year 2015-16 and is not applicable to previous assessment years: - PCIT v. Gujarat Narmada Valley Fertilizer and Chemicals Ltd. : [2020] 422 ITR 164 (Gujarat) - National Small Industries Corpn. Ltd. v. DCIT: 175 ITD 601 (Del.) - NTPC-SAIL Power Co. (P.) ltd. v. DCIT: Trib.)/[2022] 193 ITD 473 (Delhi-Trib.) - Nuclear Power Corporation of india Ltd. v. CIT : [2019] 101 Taxmann.com 524 (Mumbai-Trib.) - Garden Reach Ship Builders & Engineers Ltd. v. PCIT: Trib.) [2022] 193 ITD 649(Kolkata - Trib.) - ACIT v. Jindal Power Ltd.: [2016] 179 TTJ 736 (Raipur - Trib.) In…

Mysore Minerals Limited (Now Known As Karnataka State Minerals Corporation Limited), Bengaluru vs. Deputy Commissioner of Income Tax, Circle- 4(1)(2), Bengaluru

In the result, both the appeals are allowed

ITA 465/BANG/2020[2014-15]Status: DisposedITAT Bangalore07 Mar 2022AY 2014-15

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Narendra Sharma, AdvocateFor Respondent: Dr. Manjunath Karkihalli, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 147Section 148

…ffective from 1.4.2015 and from AY 2015- 16 onwards. Being so, the present appeals under consideration being prior to that, accordingly it cannot be applied. He relied on the following decisions:- i) National Small Industries Corporation Ltd. v. DCIT, [2019] 175 ITD 601 (Del Trib.) ii) DCIT v. M/s. Great Eastern Energy Corporation Ltd. v. DCIT [2019] 112 taxmann.com 412 (Del Trib.) iii) Garden Reach Ship Builders & Engineers Ltd. v. Pr.CIT [2021] 121 taxmann.com 386 (Kol Trib.). ITA Nos.464 to 465/Bang/2020 Page 33 of 45 iv) NTPC-SAIL Power Co. (P) Ltd. v. DCIT [2019] 112 taxmann.com 409 (Del Trib.) v) Kanhaiy…

Mysore Minerals Limited (Now Known As Karnataka State Minerals Corporation Limited), Bengaluru vs. Assistant Commissioner of Income Tax, Circle- 4(1)(2), Bengaluru

In the result, both the appeals are allowed

ITA 464/BANG/2020[2013-14]Status: DisposedITAT Bangalore07 Mar 2022AY 2013-14

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Narendra Sharma, AdvocateFor Respondent: Dr. Manjunath Karkihalli, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 147Section 148

…ffective from 1.4.2015 and from AY 2015- 16 onwards. Being so, the present appeals under consideration being prior to that, accordingly it cannot be applied. He relied on the following decisions:- i) National Small Industries Corporation Ltd. v. DCIT, [2019] 175 ITD 601 (Del Trib.) ii) DCIT v. M/s. Great Eastern Energy Corporation Ltd. v. DCIT [2019] 112 taxmann.com 412 (Del Trib.) iii) Garden Reach Ship Builders & Engineers Ltd. v. Pr.CIT [2021] 121 taxmann.com 386 (Kol Trib.). ITA Nos.464 to 465/Bang/2020 Page 33 of 45 iv) NTPC-SAIL Power Co. (P) Ltd. v. DCIT [2019] 112 taxmann.com 409 (Del Trib.) v) Kanhaiy…

Vedanta Ltd, Gurgaon vs. ACIT, Circle- 26(2), New Delhi

ITA 12/DEL/2020[2014-15]Status: FixedITAT Delhi18 Sept 2020AY 2014-15

Bench: Shri N.K. Billaiya & Shri Kuldip Singh[Assessment Year: 2014-15]

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Anupam Kant Garg, CIT-DR
Section 143(3)Section 153

…ngly supported the findings of the lower authorities. 103. We have carefully considered the rival submissions and have perused the order of the authorities below. At the very outside, the Tribunal in the case of National Small Industries Corporation Limited 175 ITD 601 has held that amendments made to section 37 of the Act vide Finance Act [No. 2] 2014 are prospective in nature and hence would not be applicable to the period prior to the said amendment which is the case of the assessee. 104. Having said that, let us look into the details of the expenditure incurred on CSR by the applicant : PARTICULARS AM…

Honda Motorcycle and Scooter India Pvt. Ltd., Gurgaon vs. DCIT, Circle- 2(1), Gurgaon

In the result, the appeal of the assessee is allowed

ITA 7714/DEL/2017[2012-13]Status: DisposedITAT Delhi31 Aug 2020AY 2012-13

Bench: Ms. Sushma Chowla, Vp & Shri N.K.Billaiya, Am आयकर अपील सं. / Ita No.7714/Del/2017 "नधा"रण वष" /Assessment Year 2012-13

For Appellant: Sh.Ajay Vohra, Sr.AdvFor Respondent: Sh.A.K.Saroha, CIT DR
Section 143(3)Section 32Section 37Section 37(1)Section 43A

…ction 37 of the Act has been held to be prospective by different Benches of the Tribunal, with special reference to the decision of Raipur Tribunal in Jindal Power Ltd. [ITA No.99/BLPR/2012] and Delhi Tribunal in National Small Industries Corpn. Ltd. vs DCIT (175 ITD 601). Our attention was drawn to the list of expenses tabulated for the purpose and it was vehemently stated that the expenditure incurred were for the benefit of the business of the assessee and part of expenses related to items on which the name/logo of the assessee company was printed was distributed to public. 12. The Ld.DR for the Revenue stre…