Sandvik Asia Ltd. v. CIT

Grasim Industries Ltd vs. Addl. CIT Range 6(3)

In the result, appeal filed by the assesse and revenue are partly allowed

Bench: Shri Saktijit Dey, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blegrasim Industries Limited V. Addl. Cit, Range 6(3) Corporate Finance Division 5Th Floor, Room No. 505 Aditya Birla Centre “A” Wing Aayakar Bhavan 2Nd Floor, S.K. Ahire Marg, Worli Mumbai Mumbai-400025 Pan: Aaacg4464B Appellant Respondent Dy. Cit, Range 6(3), V. Grasim Industries Limited, 5Th Floor, Room No. 505, Corporate Finance Division, Aayakar Bhavan, Aditya Birla Centre, “A” Wing, Mumbai-20. 2Nd Floor, S.K. Ahire Marg Worli, Mumbai-400025 Pan: Aaacg4464B Appellant Respondent Assessee By : Shri J.D. Mistry Revenue By : Shri Sandeep Raj & Shri Vijay Kumar Menon

…IN THE INCOME TAX APPELLATE TRIBUNAL (VIRTUAL COURT) “G” BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, HON'BLE JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER Grasim Industries Limited v. Addl. CIT, Range 6(3) Corporate Finance Division 5th floor, Room No. 505 Aditya Birla Centre “A” Wing Aayakar Bhavan 2nd floor, S.K. Ahire Marg, Worli Mumbai Mumbai-400025 PAN: AAACG4464B Appellant Respondent Dy. CIT, Range 6(3), v. Grasim Industries Limited, 5th floor, Room No. 505, Corporate Finance Division, Aayakar Bhavan, Aditya Birla Centre, “A” Wing, Mumbai-20. 2nd floor, S.K. Ahire Marg Worli, Mumbai-40002…

Tcs-E-Serve Ltd ( Earlier Known As E-Sereve Internaiontal Ltd), Mumbai vs. DCIT RG 9(1), Mumbai

Appeal stand dismissed since the only issue in revenue’s appeal is deduction u/s 10A

Bench: Hon’Ble Shri Saktijit Dey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) 1. आयकरअपील सं./ I.T.A. No.5089/Mum/2010 (धििाारण वर्ा / Assessment Year: 2003-04) & 2. आयकरअपील सं./ I.T.A. No.5090/Mum/2010 (धििाारण वर्ा / Assessment Year: 2004-05) Tata Consultancy Services Limited Dcit- 9(1) / 9(3) (Upon Merger Of Tcs E-Serve Ltd Aaykar Bhawan बिाम With Tata Consultancy Services Ltd) M.K.Road / Vs. 9Th Floor, Nirmal Building Mumbai-400 020 Nariman Point, Mumbai-400 021 स्थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacc-4480-F (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : & 3. आयकरअपील सं./ I.T.A. No.4928/Mum/2010 (धििाारण वर्ा / Assessment Year: 2003-04) & 4. आयकरअपील सं./ I.T.A. No.4929/Mum/2010 (धििाारण वर्ा / Assessment Year: 2004-05) & 5. आयकरअपील सं./ I.T.A. No.5478/Mum/2014 (धििाारण वर्ा / Assessment Year: 2010-11) & 6. आयकरअपील सं./ I.T.A. No.7446/Mum/2010 (धििाारण वर्ा / Assessment Year: 2003-04) & 7. आयकरअपील सं./ I.T.A. No.7447/Mum/2010 (धििाारण वर्ा / Assessment Year: 2004-05) Acit, Range-9(3) / Circle-9(3) Tata Consultancy Services Limited Aaykar Bhawan, M.K.Road (Upon Merger Of Tcs E-Serve Ltd बिाम Mumbai-400 020 With Tata Consultancy Services Ltd) / Vs. 9Th Floor, Nirmal Building Nariman Point, Mumbai-400 021 स्थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacc-4480-F (अपीलाथी/Appellant) (प्रत्यथी / Respondent) :

…1 आयकर अपीलीय अधिकरण “एच” न्यायपीठ म ुंबई में। IN THE INCOME TAX APPELLATE TRIBUNAL “H” BENCH, MUMBAI माननीय श्री शक्तिजीत दे, न्याययक सदस्य एवुं माननीय श्री मनोज कुमार अग्रवाल ,लेखा सदस्य के समक्ष। BEFORE HON’BLE SHRI SAKTIJIT DEY, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM (Hearing Through Video Conferencing Mode) 1. आयकरअपील सं./ I.T.A. No.5089/Mum/2010 (धििाारण वर्ा / Assessment Year: 2003-04) & 2. आयकरअपील सं./ I.T.A. No.5090/Mum/2010 (धििाारण वर्ा / Assessment Year: 2004-05) Tata Consultancy Services Limited DCIT- 9(1) / 9(3) (Upon merger of TCS e-Serve Ltd Aaykar Bhawan बिाम with Tata Consultancy Serv…

Kotak Mahindra Bank Ltd. (As Successor in Business of Erstwhile Ing Vysya Bank Ltd.), Mumbai vs. A.C.I.T. Cir. - 2(3)(2), Mumbai

In the result, all the appeals of the assessee are allowed

…d in the said section on the amount of refund due under the Act. The interest is to be granted simultaneously with the refund and there should normally be no reason to grant refund without adding the entitled interest. In the case of Sandvik Asia Ltd. v. CIT [280 ITR 643], the Hon'ble Supreme Court, inter alia, adversely commented upon the delay in grant of interest on refund and awarded compensation to the assessee for the said delay by the department. While taking M/s. Kotak Mahindra Bank Limited (As successor in business to erstwhile ING Vysya Bank Ltd.,) this view, the Supreme Court referred to the judgment…

Lubrizol India Pvt Ltd, Mumbai vs. DCIT Ltu-2, Mumbai

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

Bench: Shri Rajesh Kumar & Shri Amarjit Singhassessment Year: 1989-90

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “A”, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI AMARJIT SINGH, JUDICIAL MEMBER Assessment Year: 1989-90 M/s. Lubrizol India P. The Deputy Ltd., Commissioner of Income- 9/3, Thane-Belapur tax, LTU-2, Road, Vs. 29th Floor, Turbhe, Centre No.1, Navi Mumbai - 400705 World Trade Centre, PAN: AAACL0126H Cuffe Parade, Mumbai (Appellant) (Respondent) Present for: Assessee by : Shri Neeraj Sheth, A.R. Revenue by : Shri Satya Pinisetty, D.R. & Shri Brajendra Kumar, D.R. Date of Hearing : 09.07.2021 Date of Pronouncement : 22.07.2021 O R D E R Per Raje…

ACIT, Circle -2(1)(1), Mumbai vs. M/S. Bharat Petroleum Corporation Limited, Mumbai

In the result, appeals of the revenue are dismissed and appeals of the assessee are partly allowed for statistical purpose

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

…dependent of the additional interest under subsection [1] of Section 244A. This judgment has a short history, which we may record. As is well known, the Supreme Court in the case of Sandvik Asia Limited v. Commissioner of Income tax & Ors., reported in [2006] 280 ITR 643 [SC] had an occasion to consider a situation in which the advance tax paid by the assessee became refundable pursuant to an appellate decision. The principal was refunded but refund of interest was withheld for a long time. The Supreme Court posed a question to itself whether on general principles, the assessee ought to have been compensated for…

ACIT, Circle-2(1)(1), Mumbai vs. M/S Bharat Petroleum Corporation Limited, Mumbai

In the result, appeals of the revenue are dismissed and appeals of the assessee are partly allowed for statistical purpose

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

…dependent of the additional interest under subsection [1] of Section 244A. This judgment has a short history, which we may record. As is well known, the Supreme Court in the case of Sandvik Asia Limited v. Commissioner of Income tax & Ors., reported in [2006] 280 ITR 643 [SC] had an occasion to consider a situation in which the advance tax paid by the assessee became refundable pursuant to an appellate decision. The principal was refunded but refund of interest was withheld for a long time. The Supreme Court posed a question to itself whether on general principles, the assessee ought to have been compensated for…

Acifft, Circle-2(1)(1), Mumbai vs. M/S Bharat Petroleum Corporation Limited, Mumbai

In the result, appeals of the revenue are dismissed and appeals of the assessee are partly allowed for statistical purpose

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

…dependent of the additional interest under subsection [1] of Section 244A. This judgment has a short history, which we may record. As is well known, the Supreme Court in the case of Sandvik Asia Limited v. Commissioner of Income tax & Ors., reported in [2006] 280 ITR 643 [SC] had an occasion to consider a situation in which the advance tax paid by the assessee became refundable pursuant to an appellate decision. The principal was refunded but refund of interest was withheld for a long time. The Supreme Court posed a question to itself whether on general principles, the assessee ought to have been compensated for…

Bharat Petroleum Corporation Limited, Mumbai vs. Dy. CIT Range-2(1)(1), Mumbai

In the result, appeals of the revenue are dismissed and appeals of the assessee are partly allowed for statistical purpose

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

…dependent of the additional interest under subsection [1] of Section 244A. This judgment has a short history, which we may record. As is well known, the Supreme Court in the case of Sandvik Asia Limited v. Commissioner of Income tax & Ors., reported in [2006] 280 ITR 643 [SC] had an occasion to consider a situation in which the advance tax paid by the assessee became refundable pursuant to an appellate decision. The principal was refunded but refund of interest was withheld for a long time. The Supreme Court posed a question to itself whether on general principles, the assessee ought to have been compensated for…

Bharat Petroleum Corporation Limited, Mumbai vs. Dy. CIT Range-2(1)(1), Mumbai

In the result, appeals of the revenue are dismissed and appeals of the assessee are partly allowed for statistical purpose

Bench: Shri C.N. Prasad, Hon'Ble & Shri M. Balaganesh, Hon'Ble

…dependent of the additional interest under subsection [1] of Section 244A. This judgment has a short history, which we may record. As is well known, the Supreme Court in the case of Sandvik Asia Limited v. Commissioner of Income tax & Ors., reported in [2006] 280 ITR 643 [SC] had an occasion to consider a situation in which the advance tax paid by the assessee became refundable pursuant to an appellate decision. The principal was refunded but refund of interest was withheld for a long time. The Supreme Court posed a question to itself whether on general principles, the assessee ought to have been compensated for…

Novartis India Ltd, Mumbai vs. DCIT Cir 7(1), Mumbai

Appeal stand partly allowed

…1 ITA Nos.3379 & 3046/Mum/2009 M/s Novartis India Limited Assessment Year: 2001-02 आयकर अपीलीय अधिकरण ―बी‖ न्यायपीठ म ुंबई में। IN THE INCOME TAX APPELLATE TRIBUNAL ―B‖ BENCH, MUMBAI माननीय श्री मनोज कुमार अग्रवाल ,लेखा सदस्य एवुं माननीय श्री रवीश सूद, न्याययक सदस्य के समक्ष। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM AND HON’BLE SHRI RAVISH SOOD, JM 1. आयकरअपील सं./ I.T.A. No.3379/Mum/2009 (धििाारण वर्ा / Assessment Year: 2001-02) & 2. Cross Objection No.218/Mum/2009 (Arising out of ITA No.3046/Mum/2009) (धििाारण वर्ा / Assessment Year: 2001-02) Novartis India Limited ACIT-7(2)(2) 6th &7th Floor, Inspire BKC 1…