Petron Engg. Construction (P) Ltd. & Anr. v. CBDT & Ors.

175 ITR 523Supreme Court of India1989#3118 most cited

What is Petron Engg. Construction (P) Ltd. & Anr. v. CBDT & Ors. authority for?

The established principle of interpreting tax laws in favour of the assessee does not apply to deductions, exemptions, and exceptions, which are only allowed when plainly authorised by law.

38

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2026.

Also referred to as

Petron Engg. Construction · CBDT · Supreme Court · interpretation of tax statutes · rule of construction · favour of assessee · deductions · exemptions · exceptions · plain authorisation

Sections most often in play

Section 143(3)Section 54FSection 142(1)Section 250Section 133(6)Section 54BSection 54CSection 54D

Issues it is cited on

section 54f(1)long-term capital assetdate of transfersection 54fsection 54section 32section 234bsection 115jlong term capital gainsection 234asection 115assistant commissioner

Judgments citing Petron Engg. Construction (P) Ltd. & Anr. v. CBDT & Ors.

ITO-27(3)(1), MUMBAI, VASHI vs. VIRAL INDUSTRIES, MUMBAI

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

ITA 6718/MUM/2024[2014-15]Status: DisposedITAT Mumbai29 Jan 2026AY 2014-15

Bench: Shri Sandeep Gosain & Shri Bijayananda Pruseth

Section 143(3)Section 250Section 801BSection 80I

…t Of Income Tax Ι.Τ.Α. No.153 & 998/Bang/2011 31.08.2012 ITAT BANGALORE Dt. We are of the view that the learned CIT(A) has rightly placed reliance on the decisions of the Hon'ble Apex Court in the cases of Petron Engineering Construction (P) Ltd. reported in 175 ITR 523, Pandian Chemicals Ltd. reported in 262 ITR 278, N.C. Budharaja & Co. reported in 204 ITR 412, IPCA Laboratories Ltd. reported in 266 ITR 521 to arrive at the view that the tax incentive by way of deduction. 80 IB of the Act is predominantly for the purpose of augmenting affordable dwelling and ought to be interpreted in that light. In this view…

KUSUM SAHGAL,GURUGRAM vs. ACIT,CIRCLE-19(2), DELHI

In the result, the appeal filed by the assessee is allowed

ITA 341/DEL/2025[2016-17]Status: DisposedITAT Delhi21 Nov 2025AY 2016-17

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarassessment Year: 2016-17 Kusum Sahgal, Through Lr Shri Vs. Acit, Circle-19(2), Viney Sagar Sahgal, New Delhi Mg-2002, The Magnolias, Golf Course Road Dlf Phase-V, Gurugram, 122 002 Haryana Pan :Aatps3766J (Appellant) (Respondent)

Section 133(6)Section 142(1)Section 143(2)Section 250Section 54BSection 54ESection 54F

…e must be adopted. This principle has been consistently followed by the various authorities as also by the Hon'ble Supreme Court itself. In another Supreme Court judgment, Petron Engg. Construction (P.) Ltd. & Anr. v. CBDT & Ors. [1988] 75 CTR (SC) 20: [1989] 175 ITR 523 (SC). it has been reiterated ITA No. 2237/Ahd/2014 Assessment Year: 201112 that the above principle of law is well established and there is no adopt about that. Hon'ble Supreme Court had, however, some occasion to deviate from this general principle of interpretation of taking statute which can be construed as exception to this general rule. It h…

INCOME TAX OFFICER, MUMBAI vs. SHERIAR PHIROJSHA IRANI, MUMBAI

In the result, the appeal by the Revenue is dismissed

ITA 2835/MUM/2024[2018-19]Status: DisposedITAT Mumbai27 Sept 2024AY 2018-19

Bench: Shri. Om Prakash Kant & Shri. Sandeep Singh Karhail

For Appellant: Shri Anuj KisandwalaFor Respondent: Shri. Ashok Kumar Ambastha Sr. DR
Section 143Section 143(3)Section 250Section 54F

…e must be adopted. This principle has been consistently followed by the various authorities as also by the Hon'ble Supreme Court itself. In another Supreme Court judgment, Petron Engg. Construction (P.) Ltd. & Anr. v. CBDT & Ors. [1988] 75 CTR (SC) 20: [1989] 175 ITR 523 (SC). it has been reiterated ITA No. 2237/Ahd/2014 Assessment Year: 2011- 12 that the above principle of law is well established and there is no adopt about that. Hon'ble Supreme Court had, however, some occasion to deviate from this general principle of interpretation of taking statute which can be construed as exception to this general rule. It…

JEETENDRA CHANDRAKANT NAYAK,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOM TAX(OSD), NAGPUR

In the result, the appeal filed by the assessee is allowed

ITA 368/NAG/2023[2015-2016]Status: DisposedITAT Nagpur27 Jun 2024AY 2015-2016

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri M.G.Moryani, AdvocateFor Respondent: Shri Rajat Singhai, Sr. DR
Section 143(3)Section 234ASection 250Section 54F

…ee must be adopted. This principle has been consistently followed by the various authorities as also by the Honble Supreme Court itself. In another Supreme Court judgment, Petron Engg. Construction (P.) Ltd. & Anr. v. CBDT &Ors. (1988) 75 CTR (SC) 20 : (1989) 175 ITR 523 (SC) : 1989 TaxPub(DT) 0727 (SC), it has been reiterated ITA No.2237/Ahd/2014 assessment year 2011-12 that the above principle of law is well established and there is no adopt about that. Honble Supreme Court had, however, some occasion to deviate from this general principle of interpretation of taking statute which can be construed as exception…

SHWETA SINGH,MUMBAI vs. ITO-WARD 33(3)(2), MUMBAI

In the result, the appeal by the assessee is allowed

ITA 3528/MUM/2023[2013-14]Status: DisposedITAT Mumbai21 Mar 2024AY 2013-14

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

For Appellant: Shri Vipul JoshiFor Respondent: Shri Manoj Kumar
Section 250Section 54F

…e must be adopted. This principle has been consistently followed by the various authorities as also by the Hon'ble Supreme Court itself. In another Supreme Court judgment, Petron Engg. Construction (P.) Ltd. & Anr. v. CBDT & Ors. [1988] 75 CTR (SC) 20: [1989] 175 ITR 523 (SC). it has been reiterated ITA No. 2237/Ahd/2014 Assessment Year: 2011-12 that the above principle of law is well established and there is no adopt about that. Hon'ble Supreme Court had, however, some occasion to deviate from this general principle of interpretation of taking statute which can be construed as exception to this general rule. It…

ZAINUL ABEDIN GHASWALA,MUMBAI vs. COMMISSIONER OF INCOME TAX (APPEALS), MUMBAI

In the result, the appeal filed by the assessee is allowed

ITA 545/MUM/2023[2016-2017]Status: DisposedITAT Mumbai22 May 2023AY 2016-2017

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2016-17 Zainul Abedin Ghaswala, Cit(A), Nfac, At 142/148, Ghaswala Estate Pratyakshakarbhavan, C- S.V. Road, Jogeshwari (West), Vs. 13, Bandra Kurla Mumbai-400102. Complex, Bandra East, Mumbai-400051. Pan No. Afnpg 7463 D Appellant Respondent Assessee By : Mr. Sunil M. Makhija– Advocate Revenue By : Mr. A.N. Bhalekar, Dr : Date Of Hearing 04/05/2023 : Date Of Pronouncement 22/05/2023 Order

For Appellant: Mr. Sunil M. Makhija– AdvocateFor Respondent: Mr. A.N. Bhalekar, DR
Section 54F

…upreme Court judgment, Petron Engg. Construction Supreme Court judgment, Petron Engg. Construction Supreme Court judgment, Petron Engg. Construction (P.) Ltd. &Anr. v. CBDT &Ors Ltd. &Anr. v. CBDT &Ors. [1988] 75 CTR (SC) 20 : . [1988] 75 CTR (SC) 20 : [1989] 175 ITR 523 (SC), it has been reiterated ITA [1989] 175 ITR 523 (SC), it has been reiterated ITA [1989] 175 ITR 523 (SC), it has been reiterated ITA No.2237/Ah No.2237/Ahd/2014 Assessment Year: 2011 d/2014 Assessment Year: 2011-12 that the above principle of law is well established and there the above principle of law is well established and there the above…

DASSAULT SYSTEMS SOLIDWORKS CORPORATION,CHENNAI vs. THE ACIT (INTL TAX) -2(1) (2) , MUMBAI

In the result, the appeal is allowed

ITA 431/MUM/2022[2018-19]Status: DisposedITAT Mumbai26 Aug 2022AY 2018-19
Section 143(3)Section 234ASection 234BSection 9(1)(vi)

…authorities as also by the Hon’ble Supreme Court itself. In another Supreme Court judgment Petron Engg. Construction 6 ITA No. 7027/MUM/2018 (A.Y: 2015-16) Dassault Systems Solidworks Corporation (P.) Ltd. & Anr. Vs. CBDT & Ors. (1998) 75 CTR (SC) 20: (1989) 175 ITR 523 (SC), it has been reiterated that the above principle of law is well established and there is no doubt about that. ITA No.936/M/2015 A.Y.2011-12 8 Hon’ble Supreme Court had, however, some occasions to deviate from this general principle of interpretation of taxing statute which can be construed as exceptions to this general rule. It has been held…

DASSAULT SYSTEMES SOLIDWORKS CORPORATION,CHENNAI vs. THE ACIT (INT. TAX) 2(1) (2) , MUMBAI

ITA 2040/MUM/2021[2017-18]Status: DisposedITAT Mumbai27 May 2022AY 2017-18

Bench: Shri M. Balaganesh & Shri Kuldip Singhassessment Year: 2017-18

For Appellant: Shri Pranith Golecha, A.RFor Respondent: Shri Milind Chavan, Sr. D.R
Section 234ASection 234BSection 9

…itself. In another Supreme Court judgment Petron Engg. Construction 6 ITA No. 7027/MUM/2018 (A.Y: 2015-16) Dassault Systems Solidworks Corporation (P.) Ltd. & Anr. Vs. CBDT & Ors. (1998) 75 CTR (SC) 9 M/s. Dassault Systemes Solid Works Corporation 20: (1989) 175 ITR 523 (SC), it has been reiterated that the above principle of law is well established and there is no doubt about that. ITA No.936/M/2015 A.Y.2011- 12 8 Hon’ble Supreme Court had, however, some occasions to deviate from this general principle of interpretation of taxing statute which can be construed as exceptions to this general rule. It has been hel…

MANJEERA PROJECTS ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-11(1), HYDERABAD

Appeals are partly allowed in above terms

ITA 15/HYD/2020[2016-17]Status: DisposedITAT Hyderabad08 Sept 2021AY 2016-17

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahu

For Appellant: Sri K.C. DevdasFor Respondent: Sri Y.V.S.T. Sai, DR
Section 143(3)Section 5Section 80I

…ntext, reliance is Page 3 of 32 ITA Nos 956 and others Manjeera Projects Hyderabad. placed on the decision in the case of Indian Rayon Corporation Ltd vs. CIT, 231 ITR 26. 4.14 The Hon'ble Supreme Court in case of Petron Engg. Construction Pvt Ltd vs. CBDT 175 ITR 523 held that liberal interpretation of an incentive provision can be resorted to only when it is possible without impairing the legislative requirement and the spirit of the provision. Where the phraseology of a particular provision takes within its sweep the transactions which are taxable, it is not/or the courts to strain and stress the language s…

MANJEERA PROJECTS ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-6(1), HYDERABAD

Appeals are partly allowed in above terms

ITA 956/HYD/2018[2014-15]Status: DisposedITAT Hyderabad08 Sept 2021AY 2014-15

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahu

For Appellant: Sri K.C. DevdasFor Respondent: Sri Y.V.S.T. Sai, DR
Section 143(3)Section 5Section 80I

…ntext, reliance is Page 3 of 32 ITA Nos 956 and others Manjeera Projects Hyderabad. placed on the decision in the case of Indian Rayon Corporation Ltd vs. CIT, 231 ITR 26. 4.14 The Hon'ble Supreme Court in case of Petron Engg. Construction Pvt Ltd vs. CBDT 175 ITR 523 held that liberal interpretation of an incentive provision can be resorted to only when it is possible without impairing the legislative requirement and the spirit of the provision. Where the phraseology of a particular provision takes within its sweep the transactions which are taxable, it is not/or the courts to strain and stress the language s…

MANJEERA PROJECTS ,HYDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-6(1), HYDERABAD

Appeals are partly allowed in above terms

ITA 1554/HYD/2018[2013-14]Status: DisposedITAT Hyderabad08 Sept 2021AY 2013-14

Bench: Shri S.S. Godara & Shri Laxmi Prasad Sahu

For Appellant: Sri K.C. DevdasFor Respondent: Sri Y.V.S.T. Sai, DR
Section 143(3)Section 5Section 80I

…ntext, reliance is Page 3 of 32 ITA Nos 956 and others Manjeera Projects Hyderabad. placed on the decision in the case of Indian Rayon Corporation Ltd vs. CIT, 231 ITR 26. 4.14 The Hon'ble Supreme Court in case of Petron Engg. Construction Pvt Ltd vs. CBDT 175 ITR 523 held that liberal interpretation of an incentive provision can be resorted to only when it is possible without impairing the legislative requirement and the spirit of the provision. Where the phraseology of a particular provision takes within its sweep the transactions which are taxable, it is not/or the courts to strain and stress the language s…

HARSHVARDHAN CONSTRUCTIONS,MUMBAI vs. ITO 23(1)(5), MUMBAI

ITA 5225/MUM/2017[2011-12]Status: DisposedITAT Mumbai09 Jul 2020AY 2011-12

Bench: Shri M. Balaganesh & Shri Ravish Soodharshvardhan Constructions Income Tax Officer 11, Happy Home, 244 Waterfield Road; Ward 23(1)(5), 1St Floor, Vs. Bandra West, Mumbai – 400 050. Matru Mandir, Tardeo Road, Mumbai – 400 007. Pan– Aadfh6590D (Appellant) (Respondent) Income Tax Officer Vs. Harshvardhan Construvctions Ward 23(1)(5), 1St Floor , 11, Happy Home, 244 Waterfield Road; Matru Mandir, Tardeo Road, Bandra West, Mumbai – 400 050. Mumbai – 400 007. Pan– Aadfh6590D Harshvardhan Constructions Income Tax Officer 11, Happy Home, 244 Waterfield Road; Ward 23(1)(5), 1St Floor, Vs. Bandra West, Mumbai – 400 050. Matru Mandir, Tardeo Road, Mumbai – 400 007. Pan– Aadfh6590D

For Appellant: Shri Nitesh Joshi, A.RFor Respondent: Shri S.C Tiwari, CIT D.R
Section 143(3)Section 147Section 80I

…ear, then benefits, which are not available under the section cannot be conferred by ignoring or misinterpreting the words in the section. Adopting a similar view, the Hon‘ble Apex Court in the case of Petron Engg. Construction Pvt. Ltd. Vs. CBDT &Ors. (1989) 175 ITR 523 (SC), had earlier observed, that liberal interpretation of an incentive provision can be resorted to only when it is possible Harshvardhan Constructions Vs. ITO, 23(1)(5), Mumbai – ITA No.5225/Mum/2017 & ITA No. 4730/Mum/2016 – A.Y 2011-12 & 2012-13 48 ITO, Ward 23(1)(5), Mumbai Vs. Harshvardhan Constructions – ITA No. 5912/Mum/2017, ITA No. 552…

ITO 23(1)(5), MUMBAI vs. HARSHVARDHAN CONSTRUCTIONS, MUMBAI

ITA 5912/MUM/2017[2011-12]Status: DisposedITAT Mumbai09 Jul 2020AY 2011-12

Bench: Shri M. Balaganesh & Shri Ravish Soodharshvardhan Constructions Income Tax Officer 11, Happy Home, 244 Waterfield Road; Ward 23(1)(5), 1St Floor, Vs. Bandra West, Mumbai – 400 050. Matru Mandir, Tardeo Road, Mumbai – 400 007. Pan– Aadfh6590D (Appellant) (Respondent) Income Tax Officer Vs. Harshvardhan Construvctions Ward 23(1)(5), 1St Floor , 11, Happy Home, 244 Waterfield Road; Matru Mandir, Tardeo Road, Bandra West, Mumbai – 400 050. Mumbai – 400 007. Pan– Aadfh6590D Harshvardhan Constructions Income Tax Officer 11, Happy Home, 244 Waterfield Road; Ward 23(1)(5), 1St Floor, Vs. Bandra West, Mumbai – 400 050. Matru Mandir, Tardeo Road, Mumbai – 400 007. Pan– Aadfh6590D

For Appellant: Shri Nitesh Joshi, A.RFor Respondent: Shri S.C Tiwari, CIT D.R
Section 143(3)Section 147Section 80I

…ear, then benefits, which are not available under the section cannot be conferred by ignoring or misinterpreting the words in the section. Adopting a similar view, the Hon‘ble Apex Court in the case of Petron Engg. Construction Pvt. Ltd. Vs. CBDT &Ors. (1989) 175 ITR 523 (SC), had earlier observed, that liberal interpretation of an incentive provision can be resorted to only when it is possible Harshvardhan Constructions Vs. ITO, 23(1)(5), Mumbai – ITA No.5225/Mum/2017 & ITA No. 4730/Mum/2016 – A.Y 2011-12 & 2012-13 48 ITO, Ward 23(1)(5), Mumbai Vs. Harshvardhan Constructions – ITA No. 5912/Mum/2017, ITA No. 552…

DASSAULT SYSTEMES SOLIDWORKS CORPORATION ,CHENNAI vs. DY CIT (IT) 2 (1)(2), MUMBAI

ITA 7313/MUM/2019[2016-17]Status: DisposedITAT Mumbai30 Jun 2020AY 2016-17

Bench: Shri Pramod Kumar() & Shri Ravish Sood () Assessment Year: 2016-17 Dassault Systems Solid The Dy. Commissioner Of Income Works Corporation, Vs. Tax– (International Taxation)- C/O Deloitte Haskins & 2(1)(2) Sells Llp , 7Th Floor, Asv Mumbai Ramana Towers 52, Venkatnarayana Road, Chennai – 600 017 Pan No. Aafcs8787E Appellant Respondent

For Appellant: Shri. Pranit, A.RFor Respondent: Shri. Sanjay Singh, CIT D.R
Section 115ASection 143(2)Section 143(3)Section 9(1)(vi)

…authorities as also by the Hon’ble Supreme Court itself. In another Supreme Court judgment Petron Engg. Construction 6 ITA No. 7027/MUM/2018 (A.Y: 2015-16) Dassault Systems Solidworks Corporation (P.) Ltd. & Anr. Vs. CBDT & Ors. (1998) 75 CTR (SC) 20: (1989) 175 ITR 523 (SC), it has been reiterated that the above principle of law is well established and there is no doubt about that. ITA No.936/M/2015 A.Y.2011-12 8 Hon’ble Supreme Court had, however, some occasions to deviate from this general principle of interpretation of taxing statute which can be construed as exceptions to this general rule. It has been held…

DASSAULT SYSTEMS SOLIDWORKS CORPORATION,CHENNAI vs. DDIT (IT) 2(1)(2), MUMBAI

In the result, the appeal filed by the assessee is hereby ordered to be Allowed

ITA 7027/MUM/2018[2015-16]Status: DisposedITAT Mumbai10 Jan 2020AY 2015-16

Bench: Shri C.N. Prasad, Hon'Ble & Shri G. Manjunatha, Hon'Bledassault Systems Solidworks Corporation Dy. Cit (International Taxation) – 2(1)(2) V. Mumbai C/O Deloitte Haskins & Sells Llp 7Th Floor, Asv Ramana Towers 52, Venkatnaryana Road Chennai – 600 017 Pan: Aafcs8787E (Appellant) (Respondent) Assessee By : Shri Anantha Krishnan N Department By : Shri V. Sreekar

For Appellant: Shri Anantha Krishnan NFor Respondent: Shri V. Sreekar
Section 115ASection 9Section 9(1)(vi)

…consistently followed by the various authorities as also by the Hon’ble Supreme Court itself. In another Supreme Court judgment Petron Engg. Construction 6 Dassault Systems Solidworks Corporation (P.) Ltd. & Anr. Vs. CBDT & Ors. (1998) 75 CTR (SC) 20: (1989) 175 ITR 523 (SC), it has been reiterated that the above principle of law is well established and there is no doubt about that. ITA No.936/M/2015 A.Y.2011-12 8 Hon’ble Supreme Court had, however, some occasions to deviate from this general principle of interpretation of taxing statute which can be construed as exceptions to this general rule. It has been held…

IDEA CELLULAR LTD,MUMBAI vs. ITO (TDS) 1(2)(4), MUMBAI

In the result, appeal of the assessee is allowed

ITA 3785/MUM/2016[2012-13]Status: DisposedITAT Mumbai13 Nov 2019AY 2012-13

Bench: Shri Pawan Singh & Shri Rajesh Kumarita No. 3785/Mum/2016 For (Assessment Year 2012-13) M/S. Vodafone Idea Ltd. Ito (Tds)-1(2)(4), (Formerly Known As Idea 803, K.G. Mittal Ayurvedic Cellular Ltd.), Skyline Icon, Vs. Hospital Building, 1St Floor, 86/92 Andheri Kurla Charni Road (W), Road, Marol Naka, Andheri Mumbai-400002. (E), Mumbai-400059. Pan: Aaacb2100P Appellant Respondent

For Appellant: Shri Ronak Doshi with Shri C.D. Joshi (AR)For Respondent: Shri S. Padmaja CIT-DR with Shri V.K. Agarwal ( Sr DR)
Section 133ASection 191Section 194HSection 201Section 201(1)Section 254(1)

…text of penalty, and Their Lordships specifically stated so in so many words, it has been consistently followed for the interpretation about the statutory provisions as well. In another Supreme Court judgment, Petron Engg. Construction (P.) Ltd v. CffPr[1989] 175 ITR 523/[l988] 41 Tax man 294 the above principle of law has been reiterated by observing as follows: "........ Counsel submits that when two interpretations are possible to be made, the interpretation which is favourable to the assessee should be adopted. In support of that contention, learned counsel has placed reliance upon a few decisions of this Cou…

IFC UNIVERSAL EXPRESS PRIVATE LIMITED,MUMBAI vs. INCOME TAX OFFICER-8(2)(1), MUMBAI

In the result, the appeal of the assessee is hereby ordered to be allowed

ITA 4661/MUM/2017[2011-12]Status: DisposedITAT Mumbai24 Apr 2019AY 2011-12

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.4661/Mum/2017 (ननधधारण वर्ा / Assessment Years: 2011-12) बनधम/ M/S. Ifc Universal Ito 8(2)(1) Room No. 477, Aayakar Express Pvt. Ltd. Vs. Bhavan, M.K. Road, 11, Adeshwar Arcade, Mumbai-400020. Andheri-Kurla Road, Andheri (E), Mumbai- 400093. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabci8524P (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri Abirama Kartikiyen (Dr) Assessee By: Shri M. Subramanian (Ar) सुनवाई की तारीख / Date Of Hearing: 05.03.2019 घोषणा की तारीख /Date Of Pronouncement: 24/04/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 03.03.2017 Passed By The Commissioner Of Income Tax (Appeals)-17, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2011- 12. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. On The Facts & In The Circumstances Of The Case & In Law The Learned Commissioner Of Income Lax (Appeals) Erred In Not Deleting Disallowance Of Expenses On Payments Of Freight Made To Jet Airways (India)Ltd Rs.7.15.765/- & To Kingfisher Airlines Ltd Rs.50,38,699/- U/S 40(A)(Ia) Of The Income Tax Act. 2. On The Facts & In The Circumstances Of The Case & In Law The Learned Commissioner Of Income Tax (Appeals) Erred In Not Appreciating The Submissions Tiled By The Appellant, That The Introduction To Proviso To Section 201(I)Is Explanatory/Clarificatory & Therefore Should Apply Retrospectively & Therefore Payments Of Freight Without Tds

For Appellant: Shri M. Subramanian (AR)For Respondent: Shri Abirama Kartikiyen (DR)
Section 143(1)Section 143(2)Section 201Section 40

…must be adopted". This principle has been consistently followed by the various authorities as also by the Hon’ble Supreme Court itself. In another Supreme Court judgment, Petron Engg. Construction (P) Ltd. & Anr. vs. CBDT & Ors. (1988) 75 CTR (SC) 20 : (1989) 175 ITR 523 (SC), it has been reiterated that the above principle of law is well established and there is no doubt about that. Hon’ble Supreme Court had, however, some occasions to deviate from this general principle of interpretation of taxing statute which can be construed as exceptions to this general rule. It has been held that the rule of resolving ambi…

DASSAULT SYSTEMS SOLDWORKS CORPORATION,CHENNAI vs. DDIT (IT) 2(1)(2), MUMBAI

In the result, the appeal filed by the assessee is hereby ordered to be Allowed

ITA 319/MUM/2018[2013-14]Status: DisposedITAT Mumbai25 Feb 2019AY 2013-14

Bench: Shri R.C.Sharma, Am & Shri Pawan Singh, Jm

Section 143(3)Section 9Section 9(1)

…must be adopted”. This principle has been consistently followed by the various authorities as also by the Hon’ble Supreme Court itself. In another Supreme Court judgment Petron Engg. Construction (P.) Ltd. & Anr. Vs. CBDT & Ors. (1998) 75 CTR (SC) 20: (1989) 175 ITR 523 (SC), it has been reiterated that the above principle of law is well established and there is no doubt about that. ITA No.936/M/2015 A.Y.2011-12 8 Hon’ble Supreme Court had, however, some occasions to deviate from this general principle of interpretation of taxing statute which can be construed as exceptions to this general rule. It has been held…

ANJALI PUSHKAR HINGANE,,NASHIK vs. INCOME-TAX OFFICER, WARD - 1(3),, NASHIK

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 2837/PUN/2017[2012-13]Status: DisposedITAT Pune20 Nov 2018AY 2012-13

Bench: Shri D. Karunakara Rao, Am आयकरअपीलसं. / Ita No.2837/Pun/2017 "नधा"रणवष"/ Assessment Year : 2012-13 Anjali Pushkar Hingane, Prop. M/S Areen Petroleum Services, Saikheda Phata, At Post Chandori, Taluka- Niphad, Dist. Nashik. अपीलाथ"/Appellant Pan : Abiph8603F …. Vs. Ito, Ward- 1(3), …. ""यथ"/ Respondent Nashik.

For Appellant: Shri Sanket JoshiFor Respondent: Shri Rajesh Gawli
Section 194A

…must be adopted". This principle has been consistently followed by the various authorities as also by the Hon’ble Supreme Court itself. In another Supreme Court judgment, Petron Engg. Construction (P) Ltd. & Anr. vs. CBDT & Ors. (1988) 75 CTR (SC) 20 : (1989) 175 ITR 523 (SC), it has been reiterated that the above principle of law is well established and there is no doubt about that. Hon’ble Supreme Court had, however, some occasions to deviate from this general principle of interpretation of taxing statute which can be construed as exceptions to this general rule. It has been held that the rule of resolving ambi…

RBL BANK LTD.,,KOLHAPUR vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of the assessee is allowed for statistical

ITA 650/PUN/2016[2012-13]Status: DisposedITAT Pune14 Aug 2018AY 2012-13

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं आयकर अपील सं. / Ita No.650/Pun/2016 आयकर अपील सं आयकर अपील सं िनधा"रण वष" / Assessment Year : 2012-13 िनधा"रण वष" िनधा"रण वष" िनधा"रण वष"

For Appellant: Shri Nikhil PathakFor Respondent: Shri Pankaj Garg
Section 194Section 194ASection 194A(3)(iii)Section 40

…must be adopted". This principle has been consistently followed by the various authorities as also by the Hon’ble Supreme Court itself. In another Supreme Court judgment, Petron Engg. Construction (P) Ltd. & Anr. vs. CBDT & Ors. (1988) 75 CTR (SC) 20 : (1989) 175 ITR 523 (SC), it has been reiterated that the above principle of law is well established and there is no doubt about that. Hon’ble Supreme Court had, however, some occasions to deviate from this general principle of interpretation of taxing statute which can be construed as exceptions to this general rule. It has been held that the rule of resolving ambi…

Showing 1–20 of 38 · Page 1 of 2