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

175 ITR 523Supreme Court of India1989#3075 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 366,470 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.

Asst CIT 9(2)(2), Mumbai vs. Citygold Investments P.Ld, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 4160/MUM/2016[2012-13]Status: DisposedITAT Mumbai27 Jun 2018AY 2012-13

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Bleasst. Cit – 9(2)(2) V. M/S. City Gold Investments P. Ltd., R.No. 665A, 6Th Floor, Akruti Trade Centre, Road No. 7, Aayakar Bhavan, M.K. Road, Marol, Midc, Andheri (E), Mumbai-400 020 Mumbai – 400 093

For Appellant: Shri Vijay MehtaFor Respondent: Ms S. Padmaja
Section 139Section 3Section 40

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “F”, MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI N.K. PRADHAN, HON'BLE ACCOUNTANT MEMBER Asst. CIT – 9(2)(2) v. M/s. City Gold Investments P. Ltd., R.No. 665A, 6th Floor, Akruti Trade Centre, Road No. 7, Aayakar Bhavan, M.K. Road, Marol, MIDC, Andheri (E), Mumbai-400 020 Mumbai – 400 093 PAN NO: AACCC 7365 H (Appellant) (Respondent) Assessee by : Shri Vijay Mehta Department by : Ms S. Padmaja Date of Hearing : 17.04.2018 Date of Pronouncement : 27.06.2018 O R D E R PER C.N. PRASAD (JM) 1. This appeal is filed by the Revenue against the ord…

The Ratnakar Bank Ltd., Kolhapur vs. Deputy Commissioner of Income-Tax

In the result, the appeal of assessee for assessment year 2010-11 is partly allowed in the terms aforesaid

ITA 502/PUN/2015[2011-12]Status: DisposedITAT Pune31 May 2018AY 2011-12

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Nikhil PathakFor Respondent: Shri Aseem Sharma
Section 194ASection 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…

The Ratnakar Bank Ltd., Kolhapur vs. Deputy Commissioner of Income-Tax

In the result, the appeal of assessee for assessment year 2010-11 is partly allowed in the terms aforesaid

ITA 501/PUN/2015[2010-11]Status: DisposedITAT Pune31 May 2018AY 2010-11

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Nikhil PathakFor Respondent: Shri Aseem Sharma
Section 194ASection 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…

Manjeera Projects, Hyd, Hyderabad vs. DCIT, Circle-6(1), Hyderabad

In the result, assessee’s appeals are allowed

ITA 1082/HYD/2016[2012-13]Status: DisposedITAT Hyderabad27 Apr 2018AY 2012-13

Bench: Smt. P. Madhavi Devi & Shri S.Rifaur Rahman

For Appellant: Shri K.C. DevdasFor Respondent: Dr. K. Srinivas Reddy, DR
Section 142(1)Section 143(2)Section 80Section 801B(10)Section 80I

…ITA Nos 1704 1082 and 1230 Manjeera Projects Hyderabad. IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ A ‘ Bench, Hyderabad Before Smt. P. Madhavi Devi, Judicial Member AND Shri S.Rifaur Rahman, Accountant Member ITA Nos.1704/Hyd/2014, 1230/Hyd/2015 & 1082/Hyd/2016 (Assessment Years: 2010-11, 2011-12 & 2012-13) Manjeera Projects Vs ITO Ward – 6 ( 2 ) Hyderabad Hyderabad PAN:AAOFM 0872 C (Appellant) (Respondent) For Assessee : Shri K.C. Devdas For Revenue : Dr. K. Srinivas Reddy, DR Date of Hearing: 13.02.2018 Date of Pronouncement: 27.04.2018 O R D E R Per Smt. P. Madhavi Devi, J.M. These are all as…

Manjeera Projects, Hyderabad vs. ITO, Ward-6(2), Hyderabad

In the result, assessee’s appeals are allowed

ITA 1230/HYD/2015[2011-12]Status: DisposedITAT Hyderabad27 Apr 2018AY 2011-12

Bench: Smt. P. Madhavi Devi & Shri S.Rifaur Rahman

For Appellant: Shri K.C. DevdasFor Respondent: Dr. K. Srinivas Reddy, DR
Section 142(1)Section 143(2)Section 80Section 801B(10)Section 80I

…ITA Nos 1704 1082 and 1230 Manjeera Projects Hyderabad. IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ A ‘ Bench, Hyderabad Before Smt. P. Madhavi Devi, Judicial Member AND Shri S.Rifaur Rahman, Accountant Member ITA Nos.1704/Hyd/2014, 1230/Hyd/2015 & 1082/Hyd/2016 (Assessment Years: 2010-11, 2011-12 & 2012-13) Manjeera Projects Vs ITO Ward – 6 ( 2 ) Hyderabad Hyderabad PAN:AAOFM 0872 C (Appellant) (Respondent) For Assessee : Shri K.C. Devdas For Revenue : Dr. K. Srinivas Reddy, DR Date of Hearing: 13.02.2018 Date of Pronouncement: 27.04.2018 O R D E R Per Smt. P. Madhavi Devi, J.M. These are all as…

Manjeera Projects, Hyderabad vs. ITO., Ward-6(2), Hyderabad

In the result, assessee’s appeals are allowed

ITA 1704/HYD/2014[2010-11]Status: DisposedITAT Hyderabad27 Apr 2018AY 2010-11

Bench: Smt. P. Madhavi Devi & Shri S.Rifaur Rahman

For Appellant: Shri K.C. DevdasFor Respondent: Dr. K. Srinivas Reddy, DR
Section 142(1)Section 143(2)Section 80Section 801B(10)Section 80I

…ITA Nos 1704 1082 and 1230 Manjeera Projects Hyderabad. IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ A ‘ Bench, Hyderabad Before Smt. P. Madhavi Devi, Judicial Member AND Shri S.Rifaur Rahman, Accountant Member ITA Nos.1704/Hyd/2014, 1230/Hyd/2015 & 1082/Hyd/2016 (Assessment Years: 2010-11, 2011-12 & 2012-13) Manjeera Projects Vs ITO Ward – 6 ( 2 ) Hyderabad Hyderabad PAN:AAOFM 0872 C (Appellant) (Respondent) For Assessee : Shri K.C. Devdas For Revenue : Dr. K. Srinivas Reddy, DR Date of Hearing: 13.02.2018 Date of Pronouncement: 27.04.2018 O R D E R Per Smt. P. Madhavi Devi, J.M. These are all as…

DCIT TDS 1(1), Mumbai vs. Bharat Business Channels Ltd, Mumbai

In the result, appeals of the assessee in both the years are allowed

ITA 7047/MUM/2012[2010-11]Status: DisposedITAT Mumbai20 Mar 2018AY 2010-11

Bench: Shri R.C.Sharma, Am & Shri Ram Lal Negi, Jm

Section 194CSection 194HSection 194JSection 201Section 201(1)

…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. & Anr. vs. CBDT & Ors. [(1989) 175 ITR 523 (SC)] 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 Court in CIT vs. Madho…

Sneh Gupta, Jaipur vs. ITO, Jaipur

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

ITA 698/JPR/2016[2009-10]Status: DisposedITAT Jaipur25 Oct 2017AY 2009-10
For Appellant: Shri P.C. Parwal (C.A)For Respondent: Shri P.P. Meena (JCIT)
Section 133ASection 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 10 Smt. Sneh Gupta, Jaipur. 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 th…

Upl Environmental Engineers Ltd., Baroda vs. The ACIT., Range-4, Baroda

In the result, the appeal is partly allowed in the terms indicated above

ITA 2191/AHD/2014[2010-11]Status: DisposedITAT Ahmedabad30 Aug 2017AY 2010-11
Section 40A(2)Section 40A(2)(b)

…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…

Jay Mataji Construction, Gandhinagar vs. Income Tax Officer, Ward-2, Gandhinagar

In the result, the appeal is allowed for statistical purposes as indicated above

ITA 3111/AHD/2014[2006-07]Status: DisposedITAT Ahmedabad24 May 2017AY 2006-07
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…

M/S. Sanwaria Agroils Limited, Bhopal vs. The ACIT 1(1), Bhopal

In the result, the appeal of the assessee is partly allowed

ITA 620/IND/2013[2007-08]Status: DisposedITAT Indore04 May 2017AY 2007-08

Bench: Shri Chandra Mohan Garg & Shri O.P.Meena

Section 143Section 147Section 148Section 234BSection 32

…al of its decisions. iii) CIT v. Madho Pd. Jatia [1976] 105 ITR 179 (SC) held where ambiguous interpretation of statute – admitting two views- views which is favourable to subject should be adopted. iv) Petron Engineering Construction Pvt. Ltd. v. CBDT [1989] 175 ITR 523 (SC) held that principle that when two interpretations are possible to be made, the interpretation, which is favourable to the assessee, should be adopted is well settled and there is no doubt about that. v) CIT (TDS) v. Reliance Engineering Associates Pvt. Ltd. [2012] 80 CCH 113 (Guj) held that it is well-settled law that where two interpretatio…

Dassault Systems Soldworks Corporation, Chennai vs. DDIT (It) 2(1)(2), Mumbai

In the result, the appeal filed by the assessee is hereby ordered

ITA 936/MUM/2015[2011-12]Status: DisposedITAT Mumbai28 Feb 2017AY 2011-12

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

For Appellant: Shri Anantha Krishanan NFor Respondent: Shri Jasbir Chauhan (CIT-DR)
Section 115ASection 142(1)Section 143(2)Section 143(3)Section 234BSection 9(1)(vi)

…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. 7 A.Y.2011-12 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 o…

ITO, Bangalore vs. M/S Mahaveer Calyx, Bangalore

In the result, the Revenue’s appeal are dismissed

ITA 610/BANG/2016[2010-11]Status: DisposedITAT Bangalore06 Jan 2017AY 2010-11

Bench: Shri S.K. Yadav & Shri A.K. Garodia

For Appellant: Shri R.K. Jha, CIT(DR)For Respondent: Shri V. Srinivasan, Advocate
Section 80Section 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH : BANGALORE BEFORE SHRI S.K. YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NOs. A.Y. APPELLANT VS. RESPONDENT 610/Bang/2016 2010-11 M/s. Mahaveer Calyx PAN: AAOFM 2460J The Income Tax Officer, 611/Bang/2016 2010-11 M/s. Mahaveer Tuscan Ward 4(3)(3), PAN: AANFM 8057E Bangalore. 612/Bang/2016 2010-11 M/s. Mahaveer Marvel PAN: AANFM 7688r No.9, Mahaveer Homes, 24th Main, 6th Phase, J.P. Nagar, Bangalore – 560 078. Appellant by : Shri R.K. Jha, CIT(DR) Respondent by : Shri V. Srinivasan, Advocate Date of hearing : 05.12.2016 Date of Pronouncement…

M/S. Bharti Airtel Ltd., New Delhi vs. Addl. CIT, New Delhi

In the result appeal of the assessee with respect to ground No

ITA 5816/DEL/2012[2008-09]Status: DisposedITAT Delhi24 Oct 2016AY 2008-09

Bench: Shri I.C.Sudhir & Shri Prashant Maharishibharti Airtel Ltd, Addl Cit, Bharti Crescent, 1, Vs. Range-2, Cr Building, Ip Nelson Mandela Road, Vasant Estate, New Delhi Kunj, New Delhi Pan:Aaacb2894G (Appellant) (Respondent) Bharti Airtel Ltd, Addl Cit, Bharti Crescent, 1, Vs. Range-2, Cr Building, Ip Nelson Mandela Road, Vaxant Estate, New Delhi Kunj, New Delhi Pan:Aaacb2894G (Appellant) (Respondent)

For Appellant: Sh. Ajay Vohra, SrFor Respondent: Sh. NC Swain, CIT DR (OSD)
Section 201Section 254Section 40

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “I-2”: NEW DELHI BEFORE SHRI I.C.SUDHIR, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER Bharti Airtel Ltd, Addl CIT, Bharti Crescent, 1, Vs. Range-2, CR Building, IP Nelson Mandela Road, Vasant Estate, New Delhi Kunj, New Delhi PAN:AAACB2894G (Appellant) (Respondent) Bharti Airtel Ltd, Addl CIT, Bharti Crescent, 1, Vs. Range-2, CR Building, IP Nelson Mandela Road, Vaxant Estate, New Delhi Kunj, New Delhi PAN:AAACB2894G (Appellant) (Respondent) Assessee by : Sh. Ajay Vohra, Sr. Sh. Rohit Jain, Adv Ms. Deepashree Rao, CA Revenue by: Sh. NC Swain, CIT DR (OS…

M/S the Right Address Ltd., Kolkata vs. The Income Tax Officer, (TDS) Ward-59(4) (TDS), Kolkata Kolkata, Kolkata

In the result, Revenue’s appeal stands dismissed and assessee’s appeals are allowed

ITA 46/KOL/2014[2008-2009]Status: DisposedITAT Kolkata16 Sept 2016AY 2008-2009

Bench: Shri Waseem Ahmed & Shri K.Narasimha Chary

Section 197(1)Section 201Section 201(1)

…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. & Anr. vs. CBDT & Ors. [(1989) 175 ITR 523 (SC)) 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 Court in CIT vs. Madho Pras…

Solidworks Corporation, Mumbai vs. Addl DIT (It) 2, Mumbai

In the result, the appeal is allowed

ITA 8721/MUM/2010[2007-08]Status: DisposedITAT Mumbai31 Mar 2016AY 2007-08
Section 234B

…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 Systemes Solidworks Corporation, Chennai vs. DDIT (It) 1(2), Mumbai

In the result, the appeal is allowed

ITA 7790/MUM/2012[2009-10]Status: DisposedITAT Mumbai31 Mar 2016AY 2009-10
Section 9(1)(vi)

…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…

Asst.C.I.T., Bangalore vs. M/S Pharmarc Consulting Services Gmbh, Bangalore

In the result, the appeal of the revenue is dismissed

ITA 168/BANG/2015[2011-12]Status: DisposedITAT Bangalore22 Jun 2015AY 2011-12

Bench: Shri Abraham P George & Shri Vijay Pal Rao

For Appellant: Shri Tata Krishna, AdvocateFor Respondent: Shri P. Dhivahar, JCIT
Section 209(1)(d)Section 234B

…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. 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…