PY. PCIT v. Era Infrastructure (India) Ltd.

216 DTR 191High Court2022#19896 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 348,631 Indian tax judgments — from 2022 to 2024.

Sections most often in play

Section 143(3)Section 14A Section 8D Section 115BBE Section 133A Section 145(3)Section 263 Section 36(1)(iii)

Issues it is cited on

disallowance u/s 14a section 14a section 142(1)company section 14 india total income business person section 143(3)nfac document

Judgments citing PY. PCIT v. Era Infrastructure (India) Ltd.

Deputy Commissioner of Income Tax, Central Circle-3, Jaipur vs. Naresh Kumar Gupta, Sriganganagar

In the results the appeal of the revenue stands dismissed and the

ITA 458/JPR/2024[2014-15]Status: DisposedITAT Jaipur28 Nov 2024AY 2014-15

Bench: Him The Order Passed Under Section 143(3) Of The Income Tax Act, [ For Short “Act” ] By The Acit, Circle, Sri Ganganagar [

For Appellant: Shri P.C. Parwal (C.A.)For Respondent: Ms. Alka Gautam (CIT) (V.H.)

Section 143(3)Section 14ASection 36(1)(iii)

…T Vs. Chettinad Logistics (P.) Ltd. (2018) 257 Taxman 2 (SC) SLP dismissed against High Court ruling that section 14A cannot be invoked where no exempt income was earned by assessee in relevant assessment year. PCIT Vs. Era Infrastructure (India) Ltd. (2022) 216 DTR 191/ 288 Taxman 384 (Del.) (HC) No disallowance u/s 14A can be made if the assessee had not earned any exempt income. Insertion of Explanation of sec. 14A by the Finance Act, 2022 which is "for removal of doubts" cannot be presumed to be retrospective even where such language is used, if it alters or changes the law as it earlier stood. 2. Otherwise…

Mahadev Enclave Pvt. Ltd., Jaipur vs. PCIT(Central), Jaipur

In the result, the appeal of the assessee is allowed

ITA 636/JPR/2024[2019-20]Status: DisposedITAT Jaipur22 Jul 2024AY 2019-20

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. P. C. Parwal, CAFor Respondent: Sh. Anil Dhaka (CIT)

Section 10Section 143(3)Section 14ASection 263

…year. PCIT Vs. Delhi International Airport (P.) Ltd. (2023) 291 Taxman 490 (Delhi) (HC) Provisions of section 14A would not be applicable if no exempt income was received or was receivable during relevant PY. PCIT Vs. Era Infrastructure (India) Ltd. (2022) 216 DTR 191/ 288 Taxman 384 (Del.) (HC) No disallowance u/s 14A can be made if the assessee had not earned any exempt income. Insertion of Explanation of sec. 14A by the Finance Act, 2022 which is "for removal of doubts" cannot be presumed to be retrospective even where such language is used, if it alters or changes the law as it earlier stood. PCIT & Anr.…

Asstt. Commissioner of Income-Tax, Central Circle-1, Jaipur vs. M/S Manglam Build Developers Ltd, Jaipur

In the result, the appeal of the Revenue is dismissed

ITA 373/JPR/2022[2013]Status: DisposedITAT Jaipur24 Apr 2023

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri P.C. Parwal (C.A.)For Respondent: Shri James Kurian (CIT) fu/kZkfjrh dh vksj ls@

Section 133ASection 14A

…er this Act, has not accrued or arisen or received during the previous year and the expenditure has been incurred in relation to such income is prospective in nature as held by Hon’ble Delhi High Court in case ofPCIT Vs. Era Infrastructure (India) Ltd. (2022) 216 DTR 191. In view of above, disallowance of Rs.1,03,23,424/- made by AO is uncalled for and thus order of Ld. CIT(A) be upheld by dismissing the ground of department.’’ 3.4 We have heard both the parties and perused the materials available on record. Brief facts of the case are that the AO observed that assessee has made investment of Rs.20,54,19,286/- w…

Hari Kumar Ruliram Sharma, Mumbai vs. Income Tax Officer, Ward-17(1) (5), Mumbai

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

ITA 1941/MUM/2022[2014-15]Status: DisposedITAT Mumbai25 Nov 2022AY 2014-15

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2014-15 Hari Kumar Ruliram Sharma, Income Tax Officer, Ward-17(1)(5), 110 Sterling Chambers, Poona Aayakar Bhavan, M.K. Road, Street, Masjit Bunder (East), Vs. Churchgate, Mumbai-400-009. Mumbai-400020. Pan No. Aaups 1542 F Appellant Respondent : Assessee By Mr. M. Subramanian, Ar : Revenue By Mr. Tejinder Pal Singh Anand, Dr Date Of Hearing : 21/11/2022 : Date Of Pronouncement 25/11/2022

For Respondent: Assessee by Mr. M. Subramanian, AR

Section 14ASection 2(22)(e)Section 9

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “H” MUMBAI BEFORE SHRI OM PRAKASH KANT (ACCOUNTANT MEMBER) AND SHRI SANDEEP SINGH KARHAIL (JUDICIAL MEMBER) Assessment Year: 2014-15 Hari Kumar Ruliram Sharma, Income Tax Officer, Ward-17(1)(5), 110 Sterling Chambers, Poona Aayakar Bhavan, M.K. Road, Street, Masjit Bunder (East), Vs. Churchgate, Mumbai-400-009. Mumbai-400020. PAN No. AAUPS 1542 F Appellant Respondent : Assessee by Mr. M. Subramanian, AR : Revenue by Mr. Tejinder Pal Singh Anand, DR Date of Hearing : 21/11/2022 : Date of pronouncement 25/11/2022 ORDER PER OM PRAKASH KANT, AM This appeal has been…