Richa Global Exports (P.) Ltd. v. Asstt. CIT

54 SOT 185Income Tax Appellate Tribunal2012#7952 most cited

What is Richa Global Exports (P.) Ltd. v. Asstt. CIT authority for?

MAT credit under section 115JAA of the Income-tax Act, 1961, includes surcharge and cess in the calculation of the entire component of taxes.

14

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2019 to 2025.

Also referred to as

Richa Global Exports · 54 SOT 185 · section 115JAA · MAT credit · tax includes surcharge and cess · calculation of MAT credit · Delhi Tribunal

Sections most often in play

Section 115JAASection 115JBSection 143(1)Section 154Section 234BSection 115-OSection 115-O(1A)Section 115JD

Issues it is cited on

scientific research expendituresection 115jaasection 35(1)(i)section 115osection 237mat creditsection 39section 115jatransferee companytransferor companysection 35(1)section 288

Judgments citing Richa Global Exports (P.) Ltd. v. Asstt. CIT

Universal Trading Company Limited, Kolkata vs. DCIT, Circle 5(1), Kolkata

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

ITA 223/KOL/2025[2012-13]Status: DisposedITAT Kolkata12 Aug 2025AY 2012-13

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

Section 115Section 115JSection 154Section 237Section 244ASection 250

…d and hence the same are not reiterated for the sake of brevity. We find that the issue under dispute has been addressed against the assessee by the decision of Delhi Tribunal in the case of Richa Global Exports (P.) Ltd. v. Asstt. CIT [2012] 25 taxmann.com 1/54 SOT 185. We find that the issue under dispute is covered in favour of the assessee by the Co-ordinate Bench of Hyderabad Tribunal relied upon by the Ld. AR (supra). We find that Hyderabad Tribunal after considering the decision of Delhi Tribunal (supra) and after considering the decision of the Apex Court in the case of K. Srinivasan (supra) had held that…

DCIT, Circle-5(1)(1), Mumbai vs. Dahejharbour and Infrastructure Pvt. Ltd, Mumbai

In the result, appeal of the assessee is allowed as indicated above

ITA 2792/MUM/2024[2016-17]Status: DisposedITAT Mumbai30 Jul 2024AY 2016-17

Bench: Shri Pavan Kumar Gadale, Jm & Ms Padmavathy S, Am

For Appellant: Shri Shailesh Bandi, CAFor Respondent: Shri Nayanjyoti Nath, Sr. DR
Section 115JSection 143(1)

…ed by the Assessing Officer u/s. 154/143(1) of the Act. 10. On a perusal of the order of the Ld.CIT(A) we noticed that Ld.CIT(A) denied claim of the assessee for the reason that there is a contrary view taken by the Delhi Tribunal in the case of Richa Global [54 SOT 185] and therefore the issue is debatable. We observed that this decision of the Delhi Bench of the Tribunal was rendered for A.Y. 2010-11. However, in the case on hand the assessment year involved is A.Y. 2014-15 and this decision of the Delhi Bench of the Tribunal is not applicable to the facts of the assessee's case for the reason that the Format o…

Dabur India Ltd, New Delhi vs. DCIT Circle 7(1), New Delhi

In the result, the appeal of the assessee is allowed

ITA 2593/DEL/2023[2015-16]Status: DisposedITAT Delhi16 Apr 2024AY 2015-16

Bench: Shri Kul Bharat & Shri M. Balaganeshdabur India Ltd, Vs. Dcit, 8/3, Asaf Ali Road, Circle-7(1), New Delhi New Delhi (Appellant) (Respondent) Pan:Aaacd0474C Assessee By : Shri M. P. Rastogi, Adv Shri Shivam Malik, Adv Revenue By: Shri Vivek Kumar Upadhyay, Sr. Dr Date Of Hearing 10/04/2024 Date Of Pronouncement 16/04/2024

For Appellant: Shri M. P. Rastogi, AdvFor Respondent: Shri Vivek Kumar Upadhyay, Sr. DR
Section 115Section 115JSection 143Section 154Section 234BSection 90Section 90ASection 91

…d and hence the same are not reiterated for the sake of brevity. We find that the issue under dispute has been addressed against the assessee by the decision of Delhi Tribunal in the case of Richa Global Exports (P.) Ltd. v. Asstt. CIT [2012] 25 taxmann.com 1/54 SOT 185. We find that the issue under dispute is covered in favour of the assessee by the Co-ordinate Bench of Hyderabad Tribunal relied upon by the Ld. AR (supra). We find that Hyderabad Tribunal after considering the decision of Delhi Tribunal (supra) and after considering the decision of the Apex Court in the case of K. Srinivasan (supra) had held that…

J.B.Chemicals & Pharmaceuticals Ltd., Mumbai vs. DCIT -CC -2(1), Mumbai

The appeals of the assessee are partly allowed

ITA 2009/MUM/2019[2013-14]Status: DisposedITAT Mumbai27 Jun 2023AY 2013-14

Bench: Shri Aby T. Varkey () & Ms. Padmavathy S. ()

Section 234ASection 234CSection 35

…ed by the Assessing Officer u/s. 154/143(1) of the Act. 10. On a perusal of the order of the Ld.CIT(A) we noticed that Ld.CIT(A) denied claim of the assessee for the reason that there is a contrary view taken by the Delhi Tribunal in the case of Richa Global [54 SOT 185] and therefore the issue is debatable. We observed that this decision of the Delhi Bench of the Tribunal was rendered for A.Y. 2010-11. However, in the case on hand the assessment year involved is A.Y. 2014-15 and this decision of the Delhi Bench of the Tribunal is not applicable to the facts of the assessee's case for the reason that the Format o…

J.B.Chemicals & Pharmaceuticals Ltd., Mumbai vs. DCIT -CC -2(1), Mumbai

The appeals of the assessee are partly allowed

ITA 2008/MUM/2019[2012-13]Status: DisposedITAT Mumbai27 Jun 2023AY 2012-13

Bench: Shri Aby T. Varkey () & Ms. Padmavathy S. ()

Section 234ASection 234CSection 35

…ed by the Assessing Officer u/s. 154/143(1) of the Act. 10. On a perusal of the order of the Ld.CIT(A) we noticed that Ld.CIT(A) denied claim of the assessee for the reason that there is a contrary view taken by the Delhi Tribunal in the case of Richa Global [54 SOT 185] and therefore the issue is debatable. We observed that this decision of the Delhi Bench of the Tribunal was rendered for A.Y. 2010-11. However, in the case on hand the assessment year involved is A.Y. 2014-15 and this decision of the Delhi Bench of the Tribunal is not applicable to the facts of the assessee's case for the reason that the Format o…

J.B. Chemicals and Pharmaceutical Ltd, Mumbai vs. DCIT Cen Cir 2(1), Mumbai

The appeals of the assessee are partly allowed

ITA 4657/MUM/2018[2015-16]Status: DisposedITAT Mumbai27 Jun 2023AY 2015-16

Bench: Shri Aby T. Varkey () & Ms. Padmavathy S. ()

Section 234ASection 234CSection 35

…ed by the Assessing Officer u/s. 154/143(1) of the Act. 10. On a perusal of the order of the Ld.CIT(A) we noticed that Ld.CIT(A) denied claim of the assessee for the reason that there is a contrary view taken by the Delhi Tribunal in the case of Richa Global [54 SOT 185] and therefore the issue is debatable. We observed that this decision of the Delhi Bench of the Tribunal was rendered for A.Y. 2010-11. However, in the case on hand the assessment year involved is A.Y. 2014-15 and this decision of the Delhi Bench of the Tribunal is not applicable to the facts of the assessee's case for the reason that the Format o…

J.B. Chemicals and Pharmaceutical Ltd, Mumbai vs. DCIT Cen Cir 2(1), Mumbai

The appeals of the assessee are partly allowed

ITA 4656/MUM/2018[2014-15]Status: DisposedITAT Mumbai27 Jun 2023AY 2014-15

Bench: Shri Aby T. Varkey () & Ms. Padmavathy S. ()

Section 234ASection 234CSection 35

…ed by the Assessing Officer u/s. 154/143(1) of the Act. 10. On a perusal of the order of the Ld.CIT(A) we noticed that Ld.CIT(A) denied claim of the assessee for the reason that there is a contrary view taken by the Delhi Tribunal in the case of Richa Global [54 SOT 185] and therefore the issue is debatable. We observed that this decision of the Delhi Bench of the Tribunal was rendered for A.Y. 2010-11. However, in the case on hand the assessment year involved is A.Y. 2014-15 and this decision of the Delhi Bench of the Tribunal is not applicable to the facts of the assessee's case for the reason that the Format o…

Cj Darcl Logistics Limited, Haryana vs. Circle 7(1), Delhi

In the result, the appeal is treated as allowed for statistical purposes

ITA 288/DEL/2022[2015-16]Status: DisposedITAT Delhi27 Jan 2023AY 2015-16

Bench: Shri Shamim Yahya & Ms. Astha Chandraasstt. Year: 2015-16

For Appellant: Shri Anubhav Rastogi, AdvocateFor Respondent: Shri Vipul Kashyap, Sr. DR
Section 115JSection 143(1)Section 234B

…cannot be extended to other subsections of115JB or section 115JAA of the Act. In view of the above provisions, it is held that tax credit u/s 115JAA was rightly given. Hon’ble ITAT Delhi in in the case of Richa Global Exports (P.) Ltd. [2012] 25 taxmann.com 1/54 SOT 185 (Delhi - Trib.) gave similar finding. The other ground of appeal of the assessee is regarding interest u/s 234B & 234C, it is a mandatory provision and is consequential in nature and in view of our adjudication on ground 1 above, the ground No.2 is also decided against the assessee The case law relied upon by assessee relates to admissibility of c…

DCIT -CC-5(2), Mumbai vs. M/S. Usv Pvt. Ltd, Mumbai

Accordingly, respectfully following the above decisions of the Tribunal we refrain to interfere with the order passed by the CIT(A) on this issue. Ground No. 8 raised by the Revenue is, therefore, ...

ITA 2575/MUM/2021[2014-15]Status: DisposedITAT Mumbai07 Sept 2022AY 2014-15
For Appellant: Shri Paras Savla and Shri Pratik PodarFor Respondent: Shri Achal Sharma
Section 143(3)Section 253(3)Section 35Section 40

…e Act surcharge and cess would have to be included. Being aggrieved the Revenue in now in appeal before us. 28. The Learned Departmental Representative appearing before us relied upon the decision in the case of Richa Global Exports Pvt. Ltd. vs ACIT: [2012] 54 SOT 185 (Delhi), whereas the Ld. Authorised Representative for the Appellant relied upon the following decision - Consolidated securities Limited vs. ACIT [2018] 96 taxmann.com 418 (Delhi-Trib.), Bhagwati Oxygen Ltd. vs. ACIT [ITA No. 240/Kol/2016], Netmagic IT Services Pvt. Ltd. vs. DCIT [ITA No. 5346/Mum/2017], and Tata Motors Ltd. vs. DCIT [ITA No. 239…

Peninsula Facility Management Services Ltd., Mumbai vs. Asstt. CIT -CPC, Mumbai

In the result, assessee’s appeal allowed

ITA 803/MUM/2021[2014-15]Status: DisposedITAT Mumbai14 Dec 2021AY 2014-15

Bench: Shri Shamim Yahya (Am) & Ms. Suchitra Raghunath Kamble (Jm)

For Appellant: Shri Hardik NirmalFor Respondent: Shri Ashish Kumar
Section 115JSection 143Section 143(1)Section 234ASection 4

…ed by the Assessing Officer u/s. 154/143(1) of the Act. 10. On a perusal of the order of the Ld.CIT(A) we noticed that Ld.CIT(A) denied claim of the assessee for the reason that there is a contrary view taken by the Delhi Tribunal in the case of Richa Global [54 SOT 185] and therefore the issue is debatable. We observed that this decision of the Delhi Bench of the Tribunal was rendered for A.Y. 2010-11. However, in the case on hand the assessment year involved is A.Y. 2014-15 and this decision of the Delhi Bench of the Tribunal is not applicable to the facts of the assessee's case for the reason that the Format o…

Tata Motors Ltd., Mumbai vs. DCIT (Ltu)-2, Mumbai

In the result, appeal of the assessee is allowed as indicated above

ITA 2397/MUM/2019[2014-15]Status: DisposedITAT Mumbai25 Jun 2021AY 2014-15

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Blem/S. Tata Motors Ltd., V. Dcit (Ltu) –2 Bombay House, 24 Homi Mody Street 29Th Floor, Centre -1 Hutatma Chowk, Mumbai - 400001 World Trade Centre, Cuffe Parade Mumbai - 400005 Pan: Aaact2727Q

For Appellant: Shri Nikhil TiwariFor Respondent: Shri Sunil Deshpande
Section 115JSection 154

…d by the Assessing Officer u/s. 154/143(1) of the Act. 10. On a perusal of the order of the Ld.CIT(A) we noticed that Ld.CIT(A) denied claim of the assessee for the reason that there is a contrary view taken by the Delhi Tribunal in the case of Richa Global [54 SOT 185] and therefore the issue is debatable. We observed that this decision of the Delhi Bench of the Tribunal was rendered for A.Y. 2010-11. However, in the case on hand the assessment year involved is A.Y. 2014-15 and this decision of the Delhi Bench of the Tribunal is not applicable to the facts of the assessee’s case for the reason that the Format o…

Sayaji Industries Ltd., Ahmedabad vs. The Dy. Commissioner of Income Tax, Circle-4(1)(1), Ahmedabad

In the result, the appeal filed by the Assessee stands partly allowed for statistical purposes

ITA 2137/AHD/2018[2015-16]Status: DisposedITAT Ahmedabad13 May 2021AY 2015-16
For Appellant: Shri Aparna Parelkar, A.RFor Respondent: Shri S. S. Shukla, Sr. D.R
Section 115JSection 143(1)

…IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “A” BENCH (Conducted Through Virtual Court) Before: Shri Rajpal Yadav, Vice President And Shri Amarjit Singh, Accountant Member Assessment Year 2015-16 Sayaji Industries Ltd. The Dy. CIT, Circle- Maize Products, 4, Pratyakshkar Ambawadi, Vs Bhavan, Panjrapole, P.O. Kathwada, Ahmedabad-380015 Ahmedabad-382430 (Respondent) PAN: AADCS0861R (Appellant) Revenue by: Shri S. S. Shukla, Sr. D.R. Assessee by: Shri Aparna Parelkar, A.R. Date of hearing : 24-03-2021 Date of pronouncement : 13-05-2021 आदेश/ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- This assessee’…

Kids Clinic India Private Limited, Bangalore vs. Addl.C.I.T., Bangalore

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

ITA 784/BANG/2016[2011-12]Status: DisposedITAT Bangalore22 Jan 2021AY 2011-12

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaranassessment Year :2011-12 M/S.Kids Clinic India Pvt. Ltd., Vs. The Additional Commissioner Of Income Tax, No.1533, 9Th Main, Range - 5,Bengaluru. 3Rd Block, Jayanagar, Bengaluru – 560 071. Pan : Aacck 7678 R Assesseee By : Shri. Nageshwar Rao, Advocate : Revenue By Shri. Tshering Ongda, Jcit(Dr)(Itat), Bangalore Date Of Hearing : 19.1.2021 Date Of Pronouncement : 22.1.2021 O R D E R

Section 143(3)Section 40A(2)(a)

…Assessee thus submitted that MAT credit should be provided inclusive of surcharge and cess. 17. The CIT(A) however did not agree with the submissions of the Assessee and he held that the ITAT Delhi Bench in the case of Richa Global Exports Pvt.Ltd. Vs. ACIT 54 SOT 185(Del) has rejected a similar claim. Aggrieved by the order of the CIT(A), the Assessee is in appeal before the Tribunal. 18. The learned counsel for the Assessee reiterated the plea of the Assessee as put forth before CIT(A). The Learned DR relied on the order of the CIT(A). 19. We have carefully considered the rival submissions. As far as the is…

M/S Wires & Fabriks (Sa) Ltd., Kolkata vs. D.C.I.T Cir - 3(1), Kolkata

Appeal is allowed in above terms

ITA 863/KOL/2019[2013-14]Status: DisposedITAT Kolkata31 Dec 2019AY 2013-14

Bench: Shri P.M. Jagtap, V.P & Shri S. S. Godara, Jm आयकर अपीलसं./I.T.A No.863/Kol/2019 ("नधा"रण वष" / Assessment Year: 2013-14) Wires & Fabricks (Sa) Ltd. Vs. Dcit, Circle-3(1), Kolkata. 7, Chittaranjan Avenue, Laha Paint House, Kolkata – 700072. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaacw2586L (Appellant) .. (Respondent) Appellant By : Shri Rip Das, Fca Respondent By : Smt. Ranu Biswas, Sr. Dr सुनवाई क" तार"ख/ Date Of Hearing : 10/12/2019 घोषणा क" तार"ख/Date Of Pronouncement : 31/12/2019 आदेश / O R D E R Per Shri S. S. Godara: This Assessee’S Appeal For Assessment Year 2013-14 Arises Against The Commissioner Of Income Tax (A)-1, Kolkata Dated 12.02.2019 Passed In Case No.10591/Cit(A)-1/ Kol/Circle-3(1)/2016-17 Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. The Assessee’S Sole Substantive Grievance Canvassed In The Instant Appeal Challenges Correctness Of Both The Lower Authorities’ Action Declining 115Jaa Mat Credit As Prayed For In Section 154 Rectification Proceedings. The Cit(A)’S Detailed Discussion On Affirming The Assessing Officer’S Action To This Effect Reads As Under: “8. Grounds Of Appeal No. 2 & 3 Are Being Considered In A Consolidated Manner. It Was The Plea Of The Assessee That The A.O. Should Have Considered The Schedule Matc Of Itr6

For Appellant: Shri Rip Das, FCAFor Respondent: Smt. Ranu Biswas, Sr. DR
Section 115JSection 143(3)Section 154Section 155JSection 2(43)Section 244A

…IN THE INCOME TAX APPELLATE TRIBUNAL “B”, BENCH KOLKATA BEFORE SHRI P.M. JAGTAP, V.P & SHRI S. S. GODARA, JM आयकर अपीलसं./I.T.A No.863/Kol/2019 ("नधा"रण वष" / Assessment Year: 2013-14) Wires & Fabricks (SA) Ltd. Vs. DCIT, Circle-3(1), Kolkata. 7, Chittaranjan Avenue, Laha Paint House, Kolkata – 700072. "थायीलेखासं./जीआइआरसं./PAN/GIR No.: AAACW2586L (Appellant) .. (Respondent) Appellant by : Shri Rip Das, FCA Respondent by : Smt. Ranu Biswas, Sr. DR सुनवाई क" तार"ख/ Date of Hearing : 10/12/2019 घोषणा क" तार"ख/Date of Pronouncement : 31/12/2019 आदेश / O R D E R Per Shri S. S. Godara: This assessee’s appeal for ass…