Premier Breweries Ltd. v. Commissioner of Income Tax

372 ITR 180Supreme Court of India2015#2218 most cited

What is Premier Breweries Ltd. v. Commissioner of Income Tax authority for?

Whether an assessee has shown 'reasonable cause' under Section 273B, particularly in the context of penalties under Section 271D for violations of Section 269SS, is a question of law involving a legal inference from primary facts. Penalties under Section 271D are not leviable if reasonable cause is established, even for journal entries, provided transactions are genuine and bona fide.

52

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2018 to 2025.

Also referred to as

Premier Breweries Ltd. v. CIT · 372 ITR 180 · Section 271D penalty · Section 269SS violation · reasonable cause · Section 273B · question of law · journal entries · genuine transactions · non-levy of penalty

Sections most often in play

Section 143(3)Section 260-ASection 269SSSection 269TSection 271Section 271ASection 271AASection 271B

Issues it is cited on

section 260section 26section 37previous yearsection 11transferprescribedsection 143personcompanysection 143(3)india

Judgments citing Premier Breweries Ltd. v. Commissioner of Income Tax

NILONS ENTERPRISES PVT.LTD,PUNE vs. WARD 2(4), PUNE, PUNE

In the result, appeal of the Assessee is allowed

ITA 1600/PUN/2024[2016-17]Status: DisposedITAT Pune15 Jan 2025AY 2016-17

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

For Appellant: Shri Nikhil PathakFor Respondent: Shri Arvind Desai, Addl. CIT-DR
Section 143(3)Section 269TSection 271E

…owing reasonable cause as required under Section 273B of the Act gives rise to a question of law as it is a legal inference to be drawn from primary facts as held by the Apex Court in Premier Breweries Ltd. v. CIT [2015] 56 taxmann.com 351/230 Taxman 575/372 ITR 180. Thus, it is submitted this question requires admission as it gives rise to a substantial question of law; (d) We find that the impugned order of the Tribunal has on application of the test laid down for establishment of reasonable cause, for breach of Section 269SS of the Act by this Court in Triumph International Finance (supra) found that…

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, BARODA vs. M/S. SUN PHARMA LABORATORIES LTD.,, MUMBAI

In the result, the Department’s appeal is partly allowed

ITA 741/AHD/2019[2015-16]Status: DisposedITAT Ahmedabad09 Oct 2024AY 2015-16

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 115JSection 143(3)Section 14ASection 36(1)(va)Section 37(1)Section 80Section 80I

…d in to payment of interest to Neetnav Real Estate Pvt. Ltd. 7.3 On the facts and circumstances of the case and in law, CIT(A) failed to appreciate the ratio laid down in the Hon'ble Apex Court's decision in the case of Premier Breweries Ltd. vs. CIT, Cochin [372 ITR 180 (SC), date 10.03.2015). I.T.A Nos.712 & 741 /Ahd/2019 A.Y. 2015-16 26 Sun Pharma Labs. Ltd. vs. DCIT 8. On the facts and circumstances of the case and in law, CIT(A) erred in deleting the disallowance of Rs.1,49,62,413/- on account of software upgradation and support expenses without appreciating the fact that the assessee had accepted the endu…

SUN PHARMA LABORATORIES LTD.,,MUMBAI vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, BARODA

In the result, the Department’s appeal is partly allowed

ITA 712/AHD/2019[2015-16]Status: DisposedITAT Ahmedabad09 Oct 2024AY 2015-16

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 115JSection 143(3)Section 14ASection 36(1)(va)Section 37(1)Section 80Section 80I

…d in to payment of interest to Neetnav Real Estate Pvt. Ltd. 7.3 On the facts and circumstances of the case and in law, CIT(A) failed to appreciate the ratio laid down in the Hon'ble Apex Court's decision in the case of Premier Breweries Ltd. vs. CIT, Cochin [372 ITR 180 (SC), date 10.03.2015). I.T.A Nos.712 & 741 /Ahd/2019 A.Y. 2015-16 26 Sun Pharma Labs. Ltd. vs. DCIT 8. On the facts and circumstances of the case and in law, CIT(A) erred in deleting the disallowance of Rs.1,49,62,413/- on account of software upgradation and support expenses without appreciating the fact that the assessee had accepted the endu…

DCIT-15(3)(1), MUMBAI vs. M/S. TRANSLANDS INFRASTRUCTURE DEVELOPERS P LTD, VASHI

In the result, the appeal of the revenue is dismissed

ITA 1913/MUM/2023[2012-13]Status: DisposedITAT Mumbai05 Sept 2023AY 2012-13

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhailthe Dy. Commissioner Of Vs. M/S Translands Income-Tax, 15(3)(1), Infrastructure Developers Mumbai P. Ltd. Jn-3-14-5, Asshirwad Chs, Sector-09, Vashi, Navi Mumbai-400 703 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aadct 0036 B Appellant .. Respondent

For Appellant: Ms. Rupa NandaFor Respondent: Shri P. D. Chougule, Sr. AR
Section 143(3)Section 147Section 269SSection 271DSection 273BSection 3Section 68

…loans by passing journal entries in books of accounts is not in violation of section 269SS of Act if transaction is genuine and bonafide, there is no willful attempt to evade tax and there is reasonable cause u/s.273B of Act.  Premier Breweries Ltd vs CiT in 372 ITR 180.  Sunflower Builders vs DCIT (1997) 61 ITD (Pune) 227.  ACIT vs Ruchika Chemicals & Investment (P) Ltd (2004) in 88 TTJ (Del) 85.  ACIT vs Lala Murari Lal & Sons (2004) 2 SOT (Lko) 543. d) The Hon'ble ITAT Ahmedabad in DCIT vs Analytical Technologies Ltd. in ITA No. 1620/Ahd/2019 for AY 2014-15 vide order dated 27.07.2022 held as under-  No p…

ASSISTANT COMMISSIONER OF INCOME-TAX, SATARA CIRCLE ,, SATARA vs. VIKRAM HANMANT GHORPADE,, SATARA

Appeal is partly allowed in above terms

ITA 102/PUN/2018[2013-14]Status: DisposedITAT Pune04 Nov 2022AY 2013-14

Bench: Shri S.S. Godara & Shri G.D. Padmahshali

For Appellant: Shri Pramod ShingteFor Respondent: Shri M.G. Jasnani
Section 133(6)Section 143(3)Section 194ASection 44A

…he Revenue’s pleadings that the assessee had failed to prove the impugned commission payments by way of relevant supportive evidence which made the Assessing Officer to invoke this disallowance. He also quoted Premier Breweries Ltd. Vs. CIT reported in (2015) 372 ITR 180 (SC) in support. 6 ITA No.102/PUN/2018, A.Y. 2013-14 5. The assessee had strongly supported the order of CIT(A)’s invoking detailed discussion in the light of his paper book running into 219 pages containing all the documentary evidences of commission payments, bank statements as well as various judicial precedents. 6. We have given our though…

JCIT (OSD), CORPORATE CIRCLE - 1 (1),, CHENNAI vs. M/S. ABAN OFFSHORE LTD.,, CHENNAI

In the result, appeal filed by the Revenue in ITA

ITA 185/CHNY/2020[2012-13]Status: DisposedITAT Chennai06 Apr 2022AY 2012-13

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.1812/Chny/2019 &

For Appellant: Mr.P.Murali Mohan, CA
Section 143(3)

…nder related party disclosure in its annual report. 2.4. The CIT (A) ought to have appreciated the decision of the Hon'ble High Court of Kerala in the case of CIT Vs. Premier Breweries (279 ITR 51)(Ker) which has been affirmed by the Hon'ble Supreme Court in 372 ITR 180 (SC) wherein it was held that mere fact that payment has been made under contract or agreement, is not conclusive of fact that expenditure is being paid off wholly and exclusively for purpose of business ........ there was no sufficient materials to allow payment in respect (of sale) for which no reinvoicing was done and was not made on account o…

DCIT, CHENNAI vs. M/S. ABAN OFFSHORE LTD., CHENNAI

In the result, appeal filed by the Revenue in ITA

ITA 3142/CHNY/2019[2010-11]Status: DisposedITAT Chennai06 Apr 2022AY 2010-11

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.1812/Chny/2019 &

For Appellant: Mr.P.Murali Mohan, CA
Section 143(3)

…nder related party disclosure in its annual report. 2.4. The CIT (A) ought to have appreciated the decision of the Hon'ble High Court of Kerala in the case of CIT Vs. Premier Breweries (279 ITR 51)(Ker) which has been affirmed by the Hon'ble Supreme Court in 372 ITR 180 (SC) wherein it was held that mere fact that payment has been made under contract or agreement, is not conclusive of fact that expenditure is being paid off wholly and exclusively for purpose of business ........ there was no sufficient materials to allow payment in respect (of sale) for which no reinvoicing was done and was not made on account o…

ABAN OFFSHORE LIMITED,CHENNAI vs. DCIT CORPORATE CIRCLE 1(1), CHENNAI

In the result, appeal filed by the Revenue in ITA

ITA 3063/CHNY/2019[2010-11]Status: DisposedITAT Chennai06 Apr 2022AY 2010-11

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.1812/Chny/2019 &

For Appellant: Mr.P.Murali Mohan, CA
Section 143(3)

…nder related party disclosure in its annual report. 2.4. The CIT (A) ought to have appreciated the decision of the Hon'ble High Court of Kerala in the case of CIT Vs. Premier Breweries (279 ITR 51)(Ker) which has been affirmed by the Hon'ble Supreme Court in 372 ITR 180 (SC) wherein it was held that mere fact that payment has been made under contract or agreement, is not conclusive of fact that expenditure is being paid off wholly and exclusively for purpose of business ........ there was no sufficient materials to allow payment in respect (of sale) for which no reinvoicing was done and was not made on account o…

DCIT CEN CIR 7(3), MUMBAI vs. MACROTECH CONSTRUCTION P.LTD, MUMBAI

In the result , both the appeals of the revenue are dismissed

ITA 1415/MUM/2018[2013-14]Status: DisposedITAT Mumbai08 Apr 2021AY 2013-14
Section 132Section 143(3)Section 269SSection 271D

…non-satisfaction of showing reasonable cause as required under Section 273B of the Act gives rise to a question of law as it is a legal inference to be drawn from primary facts as held by the Apex Court in Premier Breweries Ltd. Vs. Commissioner of Income Tax 372 ITR 180. Thus, it is submitted this question requires admission as it gives rise to a substantial question of law; (d) We find that the impugned order of the Tribunal has on application of the test laid down for establishment of reasonable cause, for breach of Section 269SS of the Act by this Court in Triumph International Finance (supra) found that ther…

DCIT CEN CIR 7(3), MUMBAI vs. LODHA HOME DEVELOPERS P.LTD, MUMBAI

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

ITA 617/MUM/2017[2009-10]Status: DisposedITAT Mumbai31 Jan 2020AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…non-satisfaction of showing reasonable cause as required under Section 273B of the Act gives rise to a question of law as it is a legal inference to be drawn from primary facts as held by the Apex Court in Premier Breweries Ltd. Vs. Commissioner of Income Tax 372 ITR 180. Thus, it is submitted this question requires admission as it gives rise to a substantial question of law; (d) We find that the impugned order of the Tribunal has on application of the test laid down for establishment of reasonable cause, for breach of Section 269SS of the Act by this Court in Triumph International Finance (supra) found that ther…

DCIT CEN CIR 7(3), MUMBAI vs. LODHA BUILDERS P. LTD, MUMBAI

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

ITA 614/MUM/2017[2012-13]Status: DisposedITAT Mumbai31 Jan 2020AY 2012-13

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…non-satisfaction of showing reasonable cause as required under Section 273B of the Act gives rise to a question of law as it is a legal inference to be drawn from primary facts as held by the Apex Court in Premier Breweries Ltd. Vs. Commissioner of Income Tax 372 ITR 180. Thus, it is submitted this question requires admission as it gives rise to a substantial question of law; (d) We find that the impugned order of the Tribunal has on application of the test laid down for establishment of reasonable cause, for breach of Section 269SS of the Act by this Court in Triumph International Finance (supra) found that ther…

DCIT CEN CIR 7(3), MUMBAI vs. LODHA DESIGNER CONSTRUCTION P. LTD, MUMBAI

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

ITA 613/MUM/2017[2009-10]Status: DisposedITAT Mumbai31 Jan 2020AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…non-satisfaction of showing reasonable cause as required under Section 273B of the Act gives rise to a question of law as it is a legal inference to be drawn from primary facts as held by the Apex Court in Premier Breweries Ltd. Vs. Commissioner of Income Tax 372 ITR 180. Thus, it is submitted this question requires admission as it gives rise to a substantial question of law; (d) We find that the impugned order of the Tribunal has on application of the test laid down for establishment of reasonable cause, for breach of Section 269SS of the Act by this Court in Triumph International Finance (supra) found that ther…

DCIT CEN CIR 7(3), MUMBAI vs. LODHA DESIGNER CONSTRUCTION P. LTD, MUMBAI

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

ITA 612/MUM/2017[2009-10]Status: DisposedITAT Mumbai31 Jan 2020AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…non-satisfaction of showing reasonable cause as required under Section 273B of the Act gives rise to a question of law as it is a legal inference to be drawn from primary facts as held by the Apex Court in Premier Breweries Ltd. Vs. Commissioner of Income Tax 372 ITR 180. Thus, it is submitted this question requires admission as it gives rise to a substantial question of law; (d) We find that the impugned order of the Tribunal has on application of the test laid down for establishment of reasonable cause, for breach of Section 269SS of the Act by this Court in Triumph International Finance (supra) found that ther…

DCIT CEN CIR 7(3), MUMBAI vs. LODHA DESIGNER CONSTRUCTION P. LTD, MUMBAI

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

ITA 611/MUM/2017[2008-09]Status: DisposedITAT Mumbai31 Jan 2020AY 2008-09

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…non-satisfaction of showing reasonable cause as required under Section 273B of the Act gives rise to a question of law as it is a legal inference to be drawn from primary facts as held by the Apex Court in Premier Breweries Ltd. Vs. Commissioner of Income Tax 372 ITR 180. Thus, it is submitted this question requires admission as it gives rise to a substantial question of law; (d) We find that the impugned order of the Tribunal has on application of the test laid down for establishment of reasonable cause, for breach of Section 269SS of the Act by this Court in Triumph International Finance (supra) found that ther…

DCIT CEN CIR 7(3), MUMBAI vs. LODHA ESTATE P.LTD, MUMBAI

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

ITA 610/MUM/2017[2008-09]Status: DisposedITAT Mumbai31 Jan 2020AY 2008-09

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…non-satisfaction of showing reasonable cause as required under Section 273B of the Act gives rise to a question of law as it is a legal inference to be drawn from primary facts as held by the Apex Court in Premier Breweries Ltd. Vs. Commissioner of Income Tax 372 ITR 180. Thus, it is submitted this question requires admission as it gives rise to a substantial question of law; (d) We find that the impugned order of the Tribunal has on application of the test laid down for establishment of reasonable cause, for breach of Section 269SS of the Act by this Court in Triumph International Finance (supra) found that ther…

DCIT CEN CIR 7(3), MUMBAI vs. LODHA ESTATE P.LTD, MUMBAI

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

ITA 609/MUM/2017[2008-09]Status: DisposedITAT Mumbai31 Jan 2020AY 2008-09

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…non-satisfaction of showing reasonable cause as required under Section 273B of the Act gives rise to a question of law as it is a legal inference to be drawn from primary facts as held by the Apex Court in Premier Breweries Ltd. Vs. Commissioner of Income Tax 372 ITR 180. Thus, it is submitted this question requires admission as it gives rise to a substantial question of law; (d) We find that the impugned order of the Tribunal has on application of the test laid down for establishment of reasonable cause, for breach of Section 269SS of the Act by this Court in Triumph International Finance (supra) found that ther…

DCIT CEN CIR 7(3), MUMBAI vs. LODHA ESTATE P.LTD, MUMBAI

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

ITA 608/MUM/2017[2007-08]Status: DisposedITAT Mumbai31 Jan 2020AY 2007-08

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…non-satisfaction of showing reasonable cause as required under Section 273B of the Act gives rise to a question of law as it is a legal inference to be drawn from primary facts as held by the Apex Court in Premier Breweries Ltd. Vs. Commissioner of Income Tax 372 ITR 180. Thus, it is submitted this question requires admission as it gives rise to a substantial question of law; (d) We find that the impugned order of the Tribunal has on application of the test laid down for establishment of reasonable cause, for breach of Section 269SS of the Act by this Court in Triumph International Finance (supra) found that ther…

DCIT CEN CIR 7(3), MUMBAI vs. LODHA HOME DEVELOPERS P.LTD, MUMBAI

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

ITA 607/MUM/2017[2008-09]Status: DisposedITAT Mumbai31 Jan 2020AY 2008-09

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…non-satisfaction of showing reasonable cause as required under Section 273B of the Act gives rise to a question of law as it is a legal inference to be drawn from primary facts as held by the Apex Court in Premier Breweries Ltd. Vs. Commissioner of Income Tax 372 ITR 180. Thus, it is submitted this question requires admission as it gives rise to a substantial question of law; (d) We find that the impugned order of the Tribunal has on application of the test laid down for establishment of reasonable cause, for breach of Section 269SS of the Act by this Court in Triumph International Finance (supra) found that ther…

DCIT CEN CIR 7(3), MUMBAI vs. LODHA PALAZZO, MUMBAI

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

ITA 605/MUM/2017[2012-13]Status: DisposedITAT Mumbai31 Jan 2020AY 2012-13

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…non-satisfaction of showing reasonable cause as required under Section 273B of the Act gives rise to a question of law as it is a legal inference to be drawn from primary facts as held by the Apex Court in Premier Breweries Ltd. Vs. Commissioner of Income Tax 372 ITR 180. Thus, it is submitted this question requires admission as it gives rise to a substantial question of law; (d) We find that the impugned order of the Tribunal has on application of the test laid down for establishment of reasonable cause, for breach of Section 269SS of the Act by this Court in Triumph International Finance (supra) found that ther…

DCIT CEN CIR 7(3), MUMBAI vs. LODHA HOME DEVELOPERS P. LTD, MUMBAI

In the result, all the appeals filed by the Revenue are dismissed and cross objections filed by the assessee are allowed

ITA 604/MUM/2017[2009-10]Status: DisposedITAT Mumbai31 Jan 2020AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

…non-satisfaction of showing reasonable cause as required under Section 273B of the Act gives rise to a question of law as it is a legal inference to be drawn from primary facts as held by the Apex Court in Premier Breweries Ltd. Vs. Commissioner of Income Tax 372 ITR 180. Thus, it is submitted this question requires admission as it gives rise to a substantial question of law; (d) We find that the impugned order of the Tribunal has on application of the test laid down for establishment of reasonable cause, for breach of Section 269SS of the Act by this Court in Triumph International Finance (supra) found that ther…

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Premier Breweries Ltd. v. Commissioner of Income Tax (372 ITR 180) — Cited in 52 Judgments | BharatTax