Dy.CIT Cent. Cir 6(4), Mumbai vs. Indiabulls Financial Services Ltd, Mumbai
In the result, appeal filed by the Revenue is partly allowed
ITA 99/MUM/2022[2012-13]Status: DisposedITAT Mumbai07 Oct 2022AY 2012-13
Bench: Shri Kuldip Singh & Shri Gagan Goyaldy.Cit, Cc-6(4), Room No. 1925, 19Th Floor, Air India Building, Nariman Point, Mumbai-400021. ...... Appellant Vs. India Bulls Financial Services Ltd. M-62 & 63, 1St Floor, Connaught Place, New Delhi-110001 Pan: Aaaci8570Q ..... Respondent Appellant By : Sh. K.C. Kanojiya, Cit-Dr Respondent By : Sh. K. Gopal, Adv. Sh. Om Kandalkar, Adv. Date Of Hearing : 13/07/2022 Date Of Pronouncement : 07/10/2022 Order Per Gagan Goyal, A.M: This Appeal By The Revenue Is Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-54, Mumbai [Hereinafter Referred To As [‘Cit(A)’] Dated 20.10.2021 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As [‘The Act’] For The Assessment Year (Ay) 2012-13. The Revenue Has Raised The Following Grounds Of Appeal:
For Appellant: Sh. K.C. Kanojiya, CIT-DRFor Respondent: Sh. K. Gopal, Adv
Section 143(3)Section 153ASection 245D(4)Section 250Section 69C
…enue relied and wherein it has been held that Income Tax includes Additional Surcharge, and the Finance bill 2004 clarified that Additional Surcharge is Education Cess. Assessee relied on Hon’ble jurisdictional High Court in the case of Sesa Goa Ltd. Vs. JCIT 423 ITR 426 (Bom.) and PCIT vs. Chambal Fertilizers and Chemicals Ltd. in DB ITA No. 52/2018 (Raj.). In both the case laws relied upon by the assessee had not discussed the law laid down by the Hon’ble Apex Court in CIT vs. K. Srinivasan (1972) 83 ITR 346. We find that in view of amendment by 5 ITA No. 99/Mum/2022- Indiabulls Financial Services Ltd. introd…