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 367,181 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

Issues it is cited on

Judgments citing Sesa Goa Ltd. v. JCIT

Tinplate Company of India, Kolkata vs. DCIT(CPC), Bangalore

In the result, the appeal of the assessee is treated as allowed for statistical

ITA 437/KOL/2020[2015-16]Status: DisposedITAT Kolkata11 Feb 2022AY 2015-16

Bench: Shri Aby T. Varkey, Hon’Ble & Shri Girish Agrawal, Hon’Ble) Assessment Year: 2015-16 M/S. The Tinplate Company Of India Limited.......................................………………….............Appellant 4, Bankshall Street Dalhousie Kolkata -700 001 [Pan : Aabct 0129 P] Vs. Deputy Commissioner Of Income Tax, (Cpc) Bangalore…….......................………..…......Respondent Appearances By: Shri Ketav Ved, Fca, Appeared On Behalf Of The Assessee. Shri Biswanath Das, Addl. Cit, Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 2Nd, 2022 Date Of Pronouncing The Order : February 11Th, 2022 Order Per Girish Agrawal:- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - 6, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 18/03/2020. 2. The Assessee Has Raised The Following Grounds Of Appeal:- 1. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Erred In Not Allowing / Adjudicating The Issue Relating To Short Grant Of Credit For Dividend Distribution Tax Paid (Ddt) Of Inr 84,63,518/-. 2. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Erred In Not Allowing / Adjudicating The Issue Relating To Erroneous Levy Of Interest Under Section 115P Of The Act. 3. That On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Not Allowing / Adjudicating The Issue / Additional Ground Relating To Claim For Deduction Of Education Cess Debited In The Books Of Accounts Of The Appellant. 4. The Appellant Craves Leave To Add To Or Alter, By Deletion, Substitution Or Otherwise, Any Or All Of The Above Grounds Of Objections, At Any Time Before Or During The Hearing Of The Appeal. 5. The Appellant Submits That The Above Grounds Are Independent & Without Prejudice To One Another.

Section 10(4)Section 115PSection 40

…IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘A’ BENCH, KOLKATA {VIRTUAL COURT HEARING} (Before Shri Aby T. Varkey, Hon’ble Judicial Member & Shri Girish Agrawal, Hon’ble Accountant Member) Assessment Year: 2015-16 M/s. The Tinplate Company of India Limited.......................................………………….............Appellant 4, Bankshall Street Dalhousie Kolkata -700 001 [PAN : AABCT 0129 P] Vs. Deputy Commissioner of Income Tax, (CPC) Bangalore…….......................………..…......Respondent Appearances by: Shri Ketav Ved, FCA, appeared on behalf of the assessee. Shri Biswanath Das, Addl. CIT, Sr. D/R, appeari…

M/S Robert Bosch Engineering and Business Solutions Private Limited, Bangalore vs. DCIT, Bangalore

In the result, the appeal filed by assessee stands allowed as indicated above and the appeal filed by revenue stands dismissed

ITA 608/BANG/2016[2011-12]Status: DisposedITAT Bangalore02 Feb 2022AY 2011-12

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 608/Bang/2016 Assessment Year : 2011-12 M/S. Robert Bosch The Deputy Engineering & Business Commissioner Of Solutions Pvt. Ltd., Income Tax, #123, Industrial Layout, Large Tax Payers Unit, Hosur Road, Koramangala, Circle 1, Bangalore – 560095. Vs. Bangalore. Pan: Aaacr7108R Appellant Respondent & It(Tp)A No. 445/Bang/2016 Assessment Year : 2011-12 (By Revenue) : Shri Percy Padiwala, Sr. Assessee By Advocate : Shri Sumer Singh Meena, Cit Revenue By Dr (Osd) Date Of Hearing : 20-12-2021 Date Of Pronouncement : 02-02-2022 Order Per Beena Pillaipresent Cross Appeals Are Filed By Assessee As Well As Revenue Against The Final Assessment Order Dated 28.01.2016 By The Ld.Dcit, Ltu, Circle -1, Bangalore U/S. 143(3) R.W.S. 144C Of The Act For Assessment Year 2011-12. In Revenue’S Appeal, The Following Grounds Are Raised. “1. The Directions Of Drp Is Opposed To Law & Facts Of The Case.

Section 10ASection 143(3)Section 144CSection 14ASection 80J

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH : BANGALORE BEFORE SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER IT(TP)A No. 608/Bang/2016 Assessment Year : 2011-12 M/s. Robert Bosch The Deputy Engineering and Business Commissioner of Solutions Pvt. Ltd., Income Tax, #123, Industrial Layout, Large Tax Payers Unit, Hosur Road, Koramangala, Circle 1, Bangalore – 560095. Vs. Bangalore. PAN: AAACR7108R APPELLANT RESPONDENT & IT(TP)A No. 445/Bang/2016 Assessment Year : 2011-12 (By Revenue) : Shri Percy Padiwala, Sr. Assessee by Advocate : Shri Sumer Singh Meena, CIT Revenue by DR (OSD)…

DCIT, Bangalore vs. M/S Robert Bosch Engineering & Business Solutions Private Limited, Bangalore

In the result, the appeal filed by assessee stands allowed as indicated above and the appeal filed by revenue stands dismissed

ITA 445/BANG/2016[2011-12]Status: DisposedITAT Bangalore02 Feb 2022AY 2011-12

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 608/Bang/2016 Assessment Year : 2011-12 M/S. Robert Bosch The Deputy Engineering & Business Commissioner Of Solutions Pvt. Ltd., Income Tax, #123, Industrial Layout, Large Tax Payers Unit, Hosur Road, Koramangala, Circle 1, Bangalore – 560095. Vs. Bangalore. Pan: Aaacr7108R Appellant Respondent & It(Tp)A No. 445/Bang/2016 Assessment Year : 2011-12 (By Revenue) : Shri Percy Padiwala, Sr. Assessee By Advocate : Shri Sumer Singh Meena, Cit Revenue By Dr (Osd) Date Of Hearing : 20-12-2021 Date Of Pronouncement : 02-02-2022 Order Per Beena Pillaipresent Cross Appeals Are Filed By Assessee As Well As Revenue Against The Final Assessment Order Dated 28.01.2016 By The Ld.Dcit, Ltu, Circle -1, Bangalore U/S. 143(3) R.W.S. 144C Of The Act For Assessment Year 2011-12. In Revenue’S Appeal, The Following Grounds Are Raised. “1. The Directions Of Drp Is Opposed To Law & Facts Of The Case.

Section 10ASection 143(3)Section 144CSection 14ASection 80J

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH : BANGALORE BEFORE SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER IT(TP)A No. 608/Bang/2016 Assessment Year : 2011-12 M/s. Robert Bosch The Deputy Engineering and Business Commissioner of Solutions Pvt. Ltd., Income Tax, #123, Industrial Layout, Large Tax Payers Unit, Hosur Road, Koramangala, Circle 1, Bangalore – 560095. Vs. Bangalore. PAN: AAACR7108R APPELLANT RESPONDENT & IT(TP)A No. 445/Bang/2016 Assessment Year : 2011-12 (By Revenue) : Shri Percy Padiwala, Sr. Assessee by Advocate : Shri Sumer Singh Meena, CIT Revenue by DR (OSD)…

Prima Private Ltd, Pune vs. Deputy Commissioner of Income-Tax, Circle - 10, Pune

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

ITA 1364/PUN/2018[2014-15]Status: DisposedITAT Pune19 Jan 2022AY 2014-15

Bench: Shri Inturi Rama Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.1364/Pun/2018 िनधा"रण वष" / Assessment Year : 2014-15 Prima Private Ltd., Chaitanya, 774 Budhwar Peth, Pune- 411002. .......अपीलाथ" / Appellant Pan : Aabcp1938J बनाम / V/S. Dcit, Circle-10, ……""यथ" / Respondent Pune. Assessee By : Shri Sharad Shah Revenue By : Shri M. J. Jasnani सुनवाई क" तारीख / Date Of Hearing : 17.01.2022 घोषणा क" तारीख / Date Of Pronouncement : 19.01.2022 आदेश / Order Per Partha Sarathi Chaudhury, Jm: This Appeal Preferred By The Assessee Emanates From The Order Of The Ld. Cit(A)-6, Pune Dated 19.04.2018 As Per The Following Grounds Of Appeal On Record :- “On Facts & In Law & Without Prejudice To Each Other - 1. The Ld. A.O (And Ld. Cit(A)) Has Erred In Applying Rule 8D Without Justifying As To Why Assessee Is Not Correct In Applying Section 14A Of The Income-Tax Act, 1961. 2. The Ld. A.O. (And Ld. Cit(A)) Has Erred In Increasing Disallowance U/S 14 A By Rs. 14,24,055/- 2.1) The Ld. A.O. (And Ld. Cit(A)) Has Erred In Not Considering The Fact That Assessee Has Huge Reserves & Interest Free Funds.

For Appellant: Shri Sharad ShahFor Respondent: Shri M. J. Jasnani
Section 14Section 143(3)Section 14A

…nt revenue which does not require any further examination of facts and prayed to allow the additional ground. Further, he submitted that this Tribunal taking support from the decision of Hon’ble High 5 Court of Bombay in the case of Sesa Goa Ltd. reported in 423 ITR 426 directed the AO to allow deduction paid towards Education Cess. 10. After hearing both the parties, we note that the assessee paid Education Cess while computing the taxable income under normal provision of the I.T. Act. The Hon’ble High Court of Bombay in the case of Sesa Goa Ltd. (supra) was pleased to hold that the Education Cess is an allowab…

Ramjee Concretes Pvt.Ltd., Mohali vs. ITO-Ward-6(3), Chandigarh

The appeals are disposed of in the aforesaid terms

ITA 205/CHANDI/2021[2019-20]Status: DisposedITAT Chandigarh17 Jan 2022AY 2019-20

Bench: Shri N.K. Saini & Shri Sudhanshu Srivastavaआयकर अपील सं./ Ita No. 205/Chd/2021 "नधा"रण वष" / Assessment Year : 2019-20 Ramjee Concretes Private Limited, The Ito, बनाम #1238.Sector 91, Ward 6(3), Mohali, Punjab Chandigarh "थायी लेखा सं./Pan No: Aafcr9457E अपीलाथ"/Appellant ""यथ"/Respondent

For Appellant: Shri T.N. Singla, CAFor Respondent: Sh. Ashok Khanna, Addl. CIT
Section 143(1)Section 143(2)Section 250

…आयकर अपील"य अ"धकरण,च"डीगढ़ "यायपीठ, च"डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, “SMC”, CHANDIGARH BEFORE SHRI N.K. SAINI, VICE PRESIDENT & SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER आयकर अपील सं./ ITA No. 205/CHD/2021 "नधा"रण वष" / Assessment Year : 2019-20 Ramjee Concretes Private Limited, The ITO, बनाम #1238.Sector 91, Ward 6(3), Mohali, Punjab Chandigarh "थायी लेखा सं./PAN NO: AAFCR9457E अपीलाथ"/Appellant ""यथ"/Respondent Hearing though video Conferencing "नधा"रती क ओर से/Assessee by : Shri T.N. Singla, CA राज"व क ओर से/ Revenue by : Sh. Ashok Khanna, Addl. CIT सुनवाई क तार%ख/Date of Heari…