Sesa Goa Ltd. v. JCIT

117 Taxmann.com 96High Court2020#270 most cited

What is Sesa Goa Ltd. v. JCIT authority for?

Education cess paid on total income and dividend distribution tax are allowable deductions for income tax purposes.

291

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2015 to 2026.

Also referred to as

Sesa Goa Ltd. v. JCIT · education cess deduction · dividend distribution tax deduction · allowable expenditure · section 40(a)(ii) · cess allowability · DDT allowability · Bombay High Court · 423 ITR 426 · income tax deduction

Also reported as

423 ITR 426

Sections most often in play

Section 14ASection 143(3)Section 40(a)(ii)Section 234BSection 115JBSection 270ASection 43BSection 155(18)

Issues it is cited on

section 10(4)section 115wasection 40(a)(ii)section 2(43)section 115wsection 2(11)section 135far analysisprohibited by lawsection 194hdividend distribution taxsection 40(a)

Judgments citing Sesa Goa Ltd. v. JCIT

Rajdhani Nagar Sahkari Bank Ltd, Lucknow vs. Dy. CIT, Lucknow

ITA 113/LKW/2024[2016-17]Status: DisposedITAT Lucknow22 May 2025AY 2016-17

Bench: Shri Kul Bharat & Shri Nikhil Choudhary

For Appellant: Sh. K.R. Rastogi, C.AFor Respondent: Sh. Sanjeev Krishna Sharma, Addl. CIT-
Section 36(1)(v)Section 43B

…IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH “A”, LUCKNOW BEFORE SHRI KUL BHARAT, VICE PRESIDENT AND SHRI NIKHIL CHOUDHARY, ACCOUNTANT MEMBER ITA Nos.112 to 114/LKW/2024 A.Ys.2015-16 to 2017-18 vs. Rajdhani Nagar Sahkari Bank Ltd 555GA/86, Sardari Khera, Alambagh, Lucknow-226006 PAN:AAAAR1269D (Appellant) DCIT P.K. Complex, Raja Ram Mohan Rai Marg, Lucknow-226001. (Respondent) ITA No.141/LKW/2024 Α.Υ.2016-17 vs. ACIT Circle-3 57 Ram Tirath Marg Pratyaksh Kar Bhawan, Lucknow-226001 PAN: AAAAR1269D (Appellant) Rajdhani Nagar Sahkari Bank Ltd 555GA/86, Sardari Khera, Alambagh, Lucknow-226006 (Responden…

Rajdhani Nagar Sahkari Bank Ltd, Lucknow vs. Dy.CIT, Lucknow

ITA 112/LKW/2024[2015-16]Status: DisposedITAT Lucknow22 May 2025AY 2015-16

Bench: Shri Kul Bharat & Shri Nikhil Choudhary

For Appellant: Revenue byFor Respondent: Date of hearing
Section 36(1)(v)Section 43B

…IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH “A”, LUCKNOW BEFORE SHRI KUL BHARAT, VICE PRESIDENT AND SHRI NIKHIL CHOUDHARY, ACCOUNTANT MEMBER ITA Nos.112 to 114/LKW/2024 A.Ys.2015-16 to 2017-18 vs. DCIT Rajdhani Nagar Sahkari Bank Ltd 555GA/86, Sardari Khera, Alambagh, Lucknow-226006 PAN:AAAAR1269D (Appellant) P.K. Complex, Raja Ram Mohan Rai Marg, Lucknow-226001. (Respondent) ITA No.141/LKW/2024 Α.Υ.2016-17 ACIT Circle-3 57 Ram Tirath Marg Pratyaksh Kar Bhawan, Lucknow-226001 PAN: AAAAR1269D (Appellant) Assessee by: Revenue by: Date of hearing: Date of pronouncement: vs. Rajdhani Nagar Sahkari Bank Ltd 555…

ACIT Cir 2(1)(1), Mumbai vs. Bank of Baroda, Mumbai

In the result, the appeal by the Revenue is dismissed

ITA 2777/MUM/2019[2016-17]Status: DisposedITAT Mumbai06 Feb 2025AY 2016-17

Bench: Shri Amarjit Singhshri Sandeep Singh Karhailbank Of Baroda, C-26, G-Block, Baroda Corporate Centre, Bandra Kurla Complex, Bandra (East), Mumbai-400051. ……………. Appellant Pan: Aaacb 1534 F V/S Acit, 2(1)(1), ……………. Respondent Mumbai-400051. Acit, Circle - 2(1)(1), Room No. 561, 5Th Floor, Aayakar Bhavan, M.K. Road, ……………. Appellant Mumbai-400020. V/S Bank Of Baroda, C-26, G-Block, Baroda Corporate Centre, Bandra ……………. Respondent Kurla Complex, Bandra (East), Mumbai-400051. Pan: Aaacb 1534 F

For Appellant: Mr. C. NareshFor Respondent: Mr. Kailash C. Kanojiya, CIT-DR
Section 115JSection 143(3)Section 14ASection 250

…not being in the nature of tax is not covered by the provisions of section 40(a)(ii) and accordingly ought to be allowed as deduction in computing income from business or profession as held by Hon'ble Jurisdictional Bombay High Court in case of Sesa Goa Ltd (423 ITR 426) and other decisions. 2. Taxability of Income of foreign branches Without prejudice to the contention that income of foreign branches is to be excluded in computing total income as per Section 90 of Income-tax Act, even if the income is to be taxed it will only be the income computed in accordance with Income-tax laws of respective countries and…

Bank of Baroda, Mumbai vs. ACIT 2 (1)(1), Mumbai

In the result, the appeal by the Revenue is dismissed

ITA 1649/MUM/2019[2016-17]Status: DisposedITAT Mumbai06 Feb 2025AY 2016-17

Bench: Shri Amarjit Singhshri Sandeep Singh Karhail

For Appellant: Mr. C. NareshFor Respondent: Mr. Kailash C. Kanojiya, CIT-DR
Section 115JSection 143(3)Section 14ASection 250

…not being in the nature of tax is not covered by the provisions of section 40(a)(ii) and accordingly ought to be allowed as deduction in computing income from business or profession as held by Hon'ble Jurisdictional Bombay High Court in case of Sesa Goa Ltd (423 ITR 426) and other decisions. 2. Taxability of Income of foreign branches Without prejudice to the contention that income of foreign branches is to be excluded in computing total income as per Section 90 of Income-tax Act, even if the income is to be taxed it will only be the income computed in accordance with Income-tax laws of respective countries and…

Mohan Kumar Sharma, Uttar Pradesh vs. Ward 5 (1) (5), Noida, Jurisdictional Assessing Officer, Uttar Pradesh

In the result, appeal of the revenue is dismissed

ITA 1967/DEL/2024[2021-2022]Status: DisposedITAT Delhi21 Jan 2025AY 2021-2022

Bench: Shri Vikas Awasthy & Shri Manish Agarwalआअसं.1966 और 1967/िद"ी/2018(िन.व. 2013-14 और 2014-15)

For Appellant: S/Shri Neeraj Jain, Advocate & Kunal Pandey, CharteredFor Respondent: Ms. Prajna Paramita, CIT-DR
Section 115Section 80I

…ces of the case and in law, education cess paid by the assessee on total income and dividend distribution tax, should be directed to be allowed as deduction, in terms of the law clarified by the Hon'ble Bombay High Court in the case of Sesa Goa Ltd. vs. JCIT: 423 ITR 426 (Bom.) and other decisions. 5. That on the facts and circumstances of the case and in law, the assessing officer ought to have restricted the levy of dividend distribution tax on the dividend distributed/ paid to Guardian International Corporation, to 15 percent in terms of Article 10(2) of the Double Taxation Avoidance Agreement between India an…

Avr Storage Tank Terminals Pvt. Ltd., Kolkata vs. D.C.I.T., Circle - 11(1), Kolkata

In the result, the appeal is allowed for statistical purposes

ITA 1350/KOL/2024[2020-2021]Status: DisposedITAT Kolkata06 Dec 2024AY 2020-2021

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2020-21

For Appellant: Shri Dipran Mukherjee, ARFor Respondent: Shri P.P. Barman, Addl. CIT, Sr. DR
Section 115BSection 139(1)Section 143(3)Section 144BSection 234ASection 234BSection 234CSection 244ASection 250Section 32

…IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND SHRI RAKESH MISHRA, ACCOUNTANT MEMBER Assessment Year: 2020-21 AVR Storage Tank Terminals Deputy Commissioner of Private Limited Income Tax, Circle 11(1), Vs 232/A, Acharya Jagadish Aaykar Bhavan, P-7, Chandra Bose Road Minto Park Chowringhee Square, Kolkata - 700030 (West Bengal) Kolkata-700069 (Appellant) (Respondent) PAN: AAFCA6801R Present for: Appellant by : Shri Dipran Mukherjee, AR Respondent by : Shri P.P. Barman, Addl. CIT, Sr. DR Date of Hearing : 12.09.2024 Date of Pronouncement: 06.12.2024 O R D E R P…

Lovely Promoters Private Limited, Kolkata vs. ACIT, Central Circle, Ajmer

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

ITA 770/JPR/2023[2013-14]Status: DisposedITAT Jaipur08 Feb 2024AY 2013-14

Bench: him regarding non mentioning of Document Identification Number (DIN) in the body of the order u/s. 127 of the Act dated 08-09-2021 and various other technical pleas raised in grounds of appeal regarding validity of notice u/s. 148 of the Act, thereby appellate order passed by the CIT(A) is non-speaking order and deserves to be quashed. 4. On the facts and in circumstances of the case and in law, the AO erred in issuing notice u/s. 148 of the Act as it was a search related case u/s. 132 r/w

For Appellant: Shri Mayank Taparia (Adv.)For Respondent: Shri A.S. Nehra (Addl.CIT) a
Section 127Section 127(1)Section 132Section 147Section 148Section 148ASection 151Section 153C

…e available on record at time of making assessment, in view of proviso to section 147, validity of reassessment proceedings could not be upheld - Held, yes [Para 35] [In favour of assessee] 57 Lovely promoters Pvt. Ltd. vs. ACIT > SesaGoa Ltd. vs. Joint CIT 294 ITR 101/68 taxman 281(Bom) (2007) : Reassessment—Full and true disclosure—Notice after expiry of four years—After the expiry of four years from the relevant assessment year, power of AO to reopen the assessment is restricted by the limitations imposed under the proviso to s. 147— Therefore, unless the AO has reason to believe that income chargeable to ta…

Rswm Ltd, Bhilwara vs. DCIT Central Circle-31, New Delhi

In the result, the Appeals filed by the assessee in ITA No

ITA 146/DEL/2021[2015-16]Status: DisposedITAT Delhi31 Jan 2024AY 2015-16

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar U.S.Ita Nos.145 & 146 /Del/2021 (Assessment Years 2014-15 & 2015-16)

Section 115JSection 14ASection 14A(2)Section 37(1)Section 40Section 69

…able as a deduction u/s 37(1) of the IT Act. The appellant assessee has also relied on the decision Hon’ble Rajasthan High Court in Chambal Fertilizers Ltd. reported in 107 taxmann.com 484 (Raj.) and decision of the Hon’ble Bombay High Court in Sesa Goa Ltd. [423 ITR 426 (Bom.)] in which both have concluded that it is not covered and hence is allowable as deduction u/s 37(1) of the Act. 9.2. With respect to the above decision, attention is also drawn to the latest decision of jurisdictional Hon’ble ITAT of Kolkata in the case of ‘Kanoria Chemicals & Industries Ltd’ ITA No, 2184/Kol/2018 (TS-1129- ITAT 2021 Kol)…

Rswm Ltd, Bhilwara vs. DCIT Central Circle-31, New Delhi

In the result, the Appeals filed by the assessee in ITA No

ITA 145/DEL/2021[2014-15]Status: DisposedITAT Delhi31 Jan 2024AY 2014-15

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar U.S.Ita Nos.145 & 146 /Del/2021 (Assessment Years 2014-15 & 2015-16)

Section 115JSection 14ASection 14A(2)Section 37(1)Section 40Section 69

…able as a deduction u/s 37(1) of the IT Act. The appellant assessee has also relied on the decision Hon’ble Rajasthan High Court in Chambal Fertilizers Ltd. reported in 107 taxmann.com 484 (Raj.) and decision of the Hon’ble Bombay High Court in Sesa Goa Ltd. [423 ITR 426 (Bom.)] in which both have concluded that it is not covered and hence is allowable as deduction u/s 37(1) of the Act. 9.2. With respect to the above decision, attention is also drawn to the latest decision of jurisdictional Hon’ble ITAT of Kolkata in the case of ‘Kanoria Chemicals & Industries Ltd’ ITA No, 2184/Kol/2018 (TS-1129- ITAT 2021 Kol)…

DCIT Central Circle-31, New Delhi vs. Rswm Ltd, Kharigram

In the result, the Appeals filed by the assessee in ITA No

ITA 1929/DEL/2020[2015-16]Status: DisposedITAT Delhi31 Jan 2024AY 2015-16

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar U.S.Ita Nos.145 & 146 /Del/2021 (Assessment Years 2014-15 & 2015-16)

Section 115JSection 14ASection 14A(2)Section 37(1)Section 40Section 69

…able as a deduction u/s 37(1) of the IT Act. The appellant assessee has also relied on the decision Hon’ble Rajasthan High Court in Chambal Fertilizers Ltd. reported in 107 taxmann.com 484 (Raj.) and decision of the Hon’ble Bombay High Court in Sesa Goa Ltd. [423 ITR 426 (Bom.)] in which both have concluded that it is not covered and hence is allowable as deduction u/s 37(1) of the Act. 9.2. With respect to the above decision, attention is also drawn to the latest decision of jurisdictional Hon’ble ITAT of Kolkata in the case of ‘Kanoria Chemicals & Industries Ltd’ ITA No, 2184/Kol/2018 (TS-1129- ITAT 2021 Kol)…

DCIT Central Circle-31, New Delhi vs. Rswm Ltd, Kharigram

In the result, the Appeals filed by the assessee in ITA No

ITA 1928/DEL/2020[2014-15]Status: DisposedITAT Delhi31 Jan 2024AY 2014-15

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar U.S.Ita Nos.145 & 146 /Del/2021 (Assessment Years 2014-15 & 2015-16)

Section 115JSection 14ASection 14A(2)Section 37(1)Section 40Section 69

…able as a deduction u/s 37(1) of the IT Act. The appellant assessee has also relied on the decision Hon’ble Rajasthan High Court in Chambal Fertilizers Ltd. reported in 107 taxmann.com 484 (Raj.) and decision of the Hon’ble Bombay High Court in Sesa Goa Ltd. [423 ITR 426 (Bom.)] in which both have concluded that it is not covered and hence is allowable as deduction u/s 37(1) of the Act. 9.2. With respect to the above decision, attention is also drawn to the latest decision of jurisdictional Hon’ble ITAT of Kolkata in the case of ‘Kanoria Chemicals & Industries Ltd’ ITA No, 2184/Kol/2018 (TS-1129- ITAT 2021 Kol)…

Bajaj Auto Ltd., Mumbai vs. DCIT -Ltu -1, Mumbai

In the result we find that in absence of tangible material, the reopening of assessment cannot be made

ITA 3949/MUM/2019[2010-11]Status: DisposedITAT Mumbai29 Nov 2023AY 2010-11

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm The Dy. Commissioner Of Bajaj Auto Limited 2N D Floor, Bajaj Bhawan, Income-Tax, Vs. 226, Nariman Point, Large Taxpayer Unit-1 Mumbai-400 021 Mumbai-400 005 (Appellant) (Respondent) Pan No. Aadcb2923M

For Appellant: Shri Percy Pardiwala, Sr. Adv. &For Respondent: Shri S Srinivasu, CIT DR
Section 143(3)Section 145(2)Section 147

…le 14. vi. He further referred to the decision of Hon'ble Bombay High Court in case of paragraph number 20 of Hindustan lever Ltd 2004 (268 ITR 332) (Bombay), paragraph number 8t – 11 of the decision of the honourable High Court in case of sesa Goa Ltd (2007) 294 ITR 101 and Ananta landmark private limited versus Deputy Commissioner Of Income Tax in Bajaj Auto Ltd; A.Y. 2010-11 writ petition number 2814 of 2019 dated 14 September 2021. The decision of the honourable Bombay High Court in case of 439 ITR 284 (Bombay) dated 30/9/2021 was also relied upon. vii. The learned authorized representative also referred to…

Peerless Hotels Ltd., Kolkata vs. ACIT, Cir-8(2), Kol, Kolkata

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

ITA 545/KOL/2023[2017-18]Status: DisposedITAT Kolkata07 Nov 2023AY 2017-18

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawali.T.A. No. 545/Kol/2023 Assessment Year: 2017-2018 Peerless Hotels Limited,..........................Appellant 12, J.L. Nehru Road, Kolkata-700013 [Pan: Aabcp9484D] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Circle-8(2), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Soumitra Choudhury, Advocate, Appeared On Behalf Of The Assessee Shri B.K. Singh, Jcit (Sr. D.R.), Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : August 09, 2023 Date Of Pronouncing The Order : November 07, 2023

Section 143(2)Section 14A

…able as a deduction u/s 37(1) of the IT Act. The appellant assessee has also relied on the decision Hon’ble Rajasthan High Court in Chambal Fertilizers Ltd. reported in 107 taxmann.com 484 (Raj.) and decision of the Hon’ble Bombay High Court in Sesa Goa Ltd. [423 ITR 426 (Bom.)] in which both have concluded that it is not covered and hence is allowable as deduction u/s 37(1) of the Act. 9.2. With respect to the above decision, attention is also drawn to the latest decision of jurisdictional Hon’ble ITAT of Kolkata in the case of ‘Kanoria Chemicals & Industries Ltd’ ITA No, 2184/Kol/2018 (TS-1129- ITAT 2021 Kol) w…

Goa Minerals Private Limited, Vasco vs. ACIT, Circle - 2(1), Panaji

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

ITA 63/PAN/2020[2014-15]Status: DisposedITAT Panaji11 Oct 2023AY 2014-15

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.63/Pan/2020 िनधा"रण वष" / Assessment Year : 2014-15 Goa Minerals Private Limited, The Assistant P.B.No.14, Salgaocar House, V Commissioner Of Income Dr.F.L.Gomes Road, S Tax, Circle-2(1), Panaji, Vasco Da Gama, Goa. Goa – 403802 Pan: Aaacg 6716 C Appellant / Assessee Respondent / Revenue Assessee By Shri Veer Raghavan – Ar Revenue By Shri N. Shrikanth – Dr Date Of Hearing 09/10/2023 Date Of Pronouncement 11/10/2023

Section 139(5)Section 143(3)Section 251(1)

…आयकर अपीलीय अिधकरण "ायपीठ पणजी, पणजीम"। IN THE INCOME TAX APPELLATE TRIBUNAL, PANAJI BENCH : : PANAJI [VIRTUAL HEARING AT PUNE] BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER आयकर अपील सं. / ITA No.63/PAN/2020 िनधा"रण वष" / Assessment Year : 2014-15 Goa Minerals Private Limited, The Assistant P.B.No.14, Salgaocar House, V Commissioner of Income Dr.F.L.Gomes Road, s Tax, Circle-2(1), Panaji, Vasco da Gama, Goa. Goa – 403802 PAN: AAACG 6716 C Appellant / Assessee Respondent / Revenue Assessee by Shri Veer Raghavan – AR Revenue by Shri N. Shrikanth – DR Date of hearing 09/10/2023…

Idbi Bank Ltd., Mumbai vs. ACIT-Ltu(2), Mumbai

In the result, appeal of the revenue is dismissed

ITA 4596/MUM/2019[2016-17]Status: DisposedITAT Mumbai28 Sept 2023AY 2016-17

Bench: Shri Kuldip Singh & Shri Gagan Goyalidbi Bank Ltd. 22Nd Floor, Idbi Tower, Wtc Complex, Cuffe Parade, Mumbai- 400 005. Pan: Aabci8842G ..... Appellant Vs. Acit Ltu (2) World Trade Centre, Cuffe Parade, Mumbai ..... Respondent

For Appellant: NoneFor Respondent: None
Section 115JSection 143(1)Section 143(3)Section 14ASection 250Section 36(1)Section 36(2)Section 40

…not being in the nature of tax is not covered by the provisions of section 40(a) (ii) and accordingly ought to be allowed as deduction in computing income from business or profession as held by Hon'ble Jurisdictional Bombay High Court in case of Sesa Goa Ltd (423 ITR 426) and other decisions. 2. The brief facts of the case are that assessee is a Public Sector Bank filed its return of income declaring total loss at Rs. 669,27,65,004/- and claiming a refund of Rs. 1019,80,90,340/-. Return of the assessee was processed u/s. 143(1) of the Act, thereafter case of the assessee was selected for scrutiny. Further, the c…

Religare Enterprises Ltd., New Delhi vs. ACIT, Circle- 19(1), New Delhi

In the result, the appeal of the assessee on this ground is

ITA 491/DEL/2021[2016-17]Status: DisposedITAT Delhi19 Sept 2023AY 2016-17

Bench: Dr. B. R. R. Kumar

For Appellant: Sh. Ajay Vohra, Sr. Adv. &For Respondent: Sh. Bhaskar Goswami, CIT DR
Section 142Section 143(3)Section 144CSection 153(1)

…facts and’ circumstances of the case and in law, education cess paid on total income and _ dividend distribution tax, should be directed to be allowed as deduction, in terms of the law clarified by the Bombay High Court in the case of Sesa Goa Ltd. vs. JCIT: 423 ITR 426 (Bom.) and other decision. 10.0 That the Assessing Officer erred on facts and in law in charging/computing interest under section 234B and 234C of the Act.” 3. The assessee company REL was incorporated on January 30, 1984 and is the holding company of Religare Group. REL is registered as a Non-Banking Financial Institution (Non-Deposit Acceptin…

V. M. Salgaocar Sales International., Vasco vs. The Joint Commissioner of Income Tax, Margao Range, Margao

ITA 284/PAN/2019[2012-13]Status: DisposedITAT Panaji10 Aug 2023AY 2012-13

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshali

For Appellant: Shri Ketan VedFor Respondent: Shri Badrinath Yamaji Chavan
Section 143(3)Section 271(1)(c)Section 40

…A.No.284/ PAN./2019 for assessment year 2012-2013, we note that it’s sole substantive ground seeks to claim deduction representing secondary and higher education cess on income tax paid for the relevant previous year in light of Sesa Goa Ltd., vs. JCIT [2020] 423 ITR 426 (Bom.) as well as Chambal Fertilizers & Chemicals Ltd., vs., JCIT [2019] 107 taxmann.com 484 (Raj.). We are afraid that much water has flown down the stream as the legislature has now amended sec.40(ii) by way of inserting Explanation 3 vide Finance Act, 2022 with retrospective effect from 01.04.2005 making it clear that the clinching statutory e…

Joint Commissioner of Income Tax, Special Range, Panaji vs. M/S V. M. Salgaocar & Brothers (P) Ltd., Vasco

ITA 272/PAN/2019[2006-07]Status: DisposedITAT Panaji10 Aug 2023AY 2006-07

Bench: Shri Satbeer Singh Godara & Shri G.D. Padmahshali

For Appellant: Shri Ketan VedFor Respondent: Shri Badrinath Yamaji Chavan
Section 143(3)Section 271(1)(c)Section 40

…A.No.284/ PAN./2019 for assessment year 2012-2013, we note that it’s sole substantive ground seeks to claim deduction representing secondary and higher education cess on income tax paid for the relevant previous year in light of Sesa Goa Ltd., vs. JCIT [2020] 423 ITR 426 (Bom.) as well as Chambal Fertilizers & Chemicals Ltd., vs., JCIT [2019] 107 taxmann.com 484 (Raj.). We are afraid that much water has flown down the stream as the legislature has now amended sec.40(ii) by way of inserting Explanation 3 vide Finance Act, 2022 with retrospective effect from 01.04.2005 making it clear that the clinching statutory e…

Tech Mahindra Business Services Ltd., Mumbai vs. The Assistant Commissioner of Income Tax, Circle-13(3)(2), Mumbai

In the result, appeal by the assessee is partly allowed

ITA 1256/MUM/2022[2017-18]Status: DisposedITAT Mumbai24 Jul 2023AY 2017-18

Bench: Shri Vikas Awasthy & Shri Gagan Goyalआअसं.1256/मुं/ 2022 (िन.व.2017-18) Tech Mahindra Business Services Limited. Ground Floor, Spectrum Towers, Mindspace, Chincholi Bunder Link Road, Malad West, Mumbai – 400 064. Pan: Aabch-8136-L ...... अपीलाथ" /Appellant बनाम Vs. The Assistant Commissioner Of Income Tax, Circle – 13(3)(2), Room No.229, 2Nd Floor, Aaykar Bhavan, Mk Road, Mumbai – 400 020. ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri J.D,Mistri, Sr. Advocate With Shri Harsh Kapadia, Advocate "ितवादी "ारा/Respondent By : Ms. Richa Gulati, Sr.Ar सुनवाई क" ितिथ/ Date Of Hearing : 28/04/2023 घोषणा क" ितिथ/ Date Of Pronouncement : 24/07/2023 आदेश आदेश/ Order आदेश आदेश Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 30/03/2022, For The Assessment Year 2017-18. 2. The Assessee In Appeal Has Raised Solitary Ground Assailing Disallowance Made U/S. 14A Of Income Tax Act, 1961 (In Short ‘The Act’) R.W. Rule 8D Of The Income Tax Rules, 1962 (In Short ‘The Rules’) Amounting To Rs.80,08,567/-. The Assessee Vide Application Dated 13/09/2022 Has Raised An Additional Ground

For Appellant: Shri J.D,Mistri, Sr. Advocate with Shri Harsh Kapadia, AdvocateFor Respondent: Ms. Richa Gulati, Sr.AR
Section 14A

…आयकर अपीलीय अिधकरण मुंबई पीठ “ई ”, मुंबई पीठ "ी िवकास अव"थी, "याियक सद"य एवं "ी गगन गोयल, लेखाकार सद"य के सम" IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “E”, MUMBAI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI GAGAN GOYAL, ACCOUNTANT MEMBER आअसं.1256/मुं/ 2022 (िन.व.2017-18) Tech Mahindra Business Services Limited. Ground Floor, Spectrum Towers, Mindspace, Chincholi Bunder Link Road, Malad West, Mumbai – 400 064. PAN: AABCH-8136-L ...... अपीलाथ" /Appellant बनाम Vs. The Assistant Commissioner of Income Tax, Circle – 13(3)(2), Room No.229, 2nd Floor, Aaykar Bhavan, MK Road, Mumbai – 400 020. ..... "ि…

Standard Tele Towers Pvt. Ltd., New Delhi vs. DCIT, Circle-24(2), New Delhi

ITA 9761/DEL/2019[2010-11]Status: DisposedITAT Delhi19 Jul 2023AY 2010-11

Bench: Sh. N.K.Billaiya & Sh.Anubhav Sharma

Section 132(4)Section 143(3)Section 147Section 148

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘G’ : NEW DELHI) BEFORE SH. N.K.BILLAIYA, ACCOUNTANT MEMBER AND SH.ANUBHAV SHARMA, JUDICIAL MEMBER ITA No. 9761/Del/2019, A.Y. 2010-11 M/s. Standard Tele Towers Pvt. Vs. DCIT, Ltd. , C-37, Ground Floor, Circle 24(2), East of Kailash, New Delhi New Delhi PAN : AAJCS9262N Appellant Respondent Appellant by Dr. Rakesh Gupta, Adv. Shri Somil Agarwal, Adv. & Sh. Deepesh Garg, Adv. Respondent by Ms. Kajal Singh, Sr. DR Date of hearing: 20.06.2023 Date of Pronouncement: 19.07.2023 ORDER Per Anubhav Sharma, JM : The appeal has been preferred by the Assessee against th…