PCIT v. State Bank of Patiala

391 ITR 218High Court2017#392 most cited

What is PCIT v. State Bank of Patiala authority for?

Income from shares and securities held by banks as stock-in-trade constitutes business income, hence Section 14A disallowance is not attracted. Further, any disallowance under Section 14A cannot exceed the actual amount of exempt income earned by the assessee during the year.

228

judgments rely on this decision, according to BharatTax’s citation analysis of 367,368 Indian tax judgments — from 2015 to 2026.

Also referred to as

PCIT v. State Bank of Patiala · Section 14A disallowance · shares and securities held by bank · stock-in-trade · income from securities business income · disallowance under Section 14A limit · disallowance cannot exceed exempt income · Rule 8D application disallowance · Supreme Court dismissal of SLP · 391 ITR 218

Also reported as

78 Taxmann.com 3259 Taxmann 315

Issues it is cited on

Judgments citing PCIT v. State Bank of Patiala

DCIT 2(1)(1), Mumbai vs. Bank of Baroda, Mumbai

In the result, appeal of the assessee is partly allowed

ITA 4355/MUM/2016[2011-12]Status: DisposedITAT Mumbai20 Apr 2018AY 2011-12

Bench: Shri B.R. Baskaran & Shri Pawan Singhdcit-2(1)(1) M/S Bank Of Baroda Room No. 561, 5Th Floor, C-26, ‘G’ Block, Baroda Aayakar Bhavan, M.K. Road, Corporate Centre, Bandra Kurla Vs. Mumbai-400020 Complex, Bandra (E), Mumbai-400051 Pan: Aaacb1534F (Appellant) (Respondent) M/S Bank Of Baroda Dcit-2(1)(1) Room No. 561, 5Th Floor, C-26, ‘G’ Block, Baroda Corporate Centre, Bandra Kurla Aayakar Bhavan, M.K. Road, Vs. Mumbai-400020 Complex, Bandra (E), Mumbai-400051 Pan: Aaacb1534F (Appellant) (Respondent) Dcit-2(1)(1) M/S Bank Of Baroda Room No. 561, 5Th Floor, C-26, ‘G’ Block, Baroda Aayakar Bhavan, M.K. Road, Corporate Centre, Bandra Kurla Vs. Mumbai-400020 Complex, Bandra (E), Mumbai-400051 Pan: Aaacb1534F (Appellant) (Respondent) M/S Bank Of Baroda Dcit-2(1)(1) Vs. Room No. 561, 5Th Floor, C-26, ‘G’ Block, Baroda Corporate Centre, Bandra Kurla Aayakar Bhavan, M.K. Road

Section 253Section 254(1)

…ssion, the ld. AR of the assessee relied upon the decision of Hon’ble Bombay High Court in case of India Advantage Securities 381 ITR 471, HDFC vs. CIT 383 ITR 529 (Bom.) and decision of Hon’ble Punjab & Haryana High Court in PCIT Vs State Bank of Patiala (391 ITR 218). The ld. AR of the assessee further submits that the similar issues was partly allowed in favour of assessee in assessee’s own case for A.Y. 2009-10 in ITA No. 2480/Mum/2015, wherein the issue was remitted back to the file of Assessing Officer to consider various decision. On the other hand, the ld. DR for the Revenue supported the order of au…

ACIT - 19(3), Mumbai vs. Safe Enterprises, Mumbai

In the result, the appeal filed by the Revenue and the assessee are partly allowed

ITA 2700/MUM/2016[2012-13]Status: DisposedITAT Mumbai26 Feb 2018AY 2012-13

Bench: Shri Mahavir Singh () & Shri N.K. Pradhan () Assessment Year: 2012-13 Asst. Commissioner Of M/S Safe Enterprises Income Tax-19(3), Vs. 19, B, Manek, 11, L.D. Room No. 206, 2Nd Floor, Ruparel Marg, Napean Matru Mandir, Tardeo, Sea Road, Mumbai-400007 Mumbai-400006 Pan No. Abhfs4029H Appellant Respondent Assessment Year: 2012-13 Safe Enterprise Asst. Commissioner Of C/O. Kalyaniwalla& Mistry, Vs. Income Tax-19(3), Army & Navy Building, 3Rd Room No. 206, 2Nd Floor, 148, M.G. Road, Fort, Floor, Matru Mandir, Mumbai-400001 Tardeo, Mumbai-400007 Pan No. Abhfs4029H Appellant Respondent

For Appellant: Mr. M.M. Golvala, ARFor Respondent: Mr. Ram Tiwari, DR
Section 14A

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “I” MUMBAI BEFORE SHRI MAHAVIR SINGH (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) Assessment Year: 2012-13 Asst. Commissioner of M/s Safe Enterprises Income Tax-19(3), Vs. 19, B, Manek, 11, L.D. Room No. 206, 2nd floor, Ruparel Marg, Napean Matru Mandir, Tardeo, Sea Road, Mumbai-400007 Mumbai-400006 PAN No. ABHFS4029H Appellant Respondent Assessment Year: 2012-13 Safe Enterprise Asst. Commissioner of C/o. Kalyaniwalla& Mistry, Vs. Income Tax-19(3), Army & Navy Building, 3rd Room No. 206, 2nd floor, 148, M.G. Road, Fort, floor, Matru Mandir, Mumbai…