Smt. Tarulata Shyam v. CIT

108 ITR 345Supreme Court of India1977#430 most cited

What is Smt. Tarulata Shyam v. CIT authority for?

Taxing statutes must be interpreted strictly, assuming that the law-making authority does not commit a mistake or make an omission. There is no room for purposive interpretation under direct tax laws.

209

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2009 to 2026.

Also referred to as

Smt. Tarulata Shyam v. CIT · 108 ITR 345 SC · strict interpretation taxing statutes · no purposive interpretation direct tax laws · legislative intent no omission · Section 143(3) · Section 147 · Section 148 · Section 5 · Section 4 · Section 6 · Section 139(1) · Income Tax Act interpretation

Sections most often in play

Section 143(3)Section 147Section 132Section 148Section 5Section 4Section 6Section 139(1)

Issues it is cited on

accumulated profitsdeemed dividendsection 2(22)section 2(22)(e)mercantile system of accountingbook profitscommercial expediencyliable to taxdisallowance u/s 14adisallowance under section 14anon-residentsection 40(a)

Judgments citing Smt. Tarulata Shyam v. CIT

Gobindram Chandramani Vivek, Bangalore vs. Income Tax Officer - Ward 1(1), Bangalore

In the result, the appeal of the assessee is allowed for statistical purposes, in the manner indicated in this order

ITA 656/BANG/2023[2011-12]Status: DisposedITAT Bangalore13 Sept 2024AY 2011-12

Bench: Mrs. Beena Pillai & Shri Ramit Kochar

For Appellant: Sh. Ashok A Kulkarni, AdvocateFor Respondent: Ms. Neha Sahay, JCIT
Section 139Section 139(1)Section 139(4)Section 143(2)Section 143(3)Section 24Section 54Section 54(2)Section 54F

…tained with the bank on or before the due date of filing of return of income under section 139(1) of the Act. The ld. CIT(A) relied upon the judgment and order of Hon’ble Supreme Court in the case of Tarulata Shyam And Ors v. Commissioner Of Income-Tax (1977) 108 ITR 345(SC) and the A.Y. 2011-12 Shri. Gobindram Chandramani Vivek judgment and order of Hon’ble Bombay High Court in the case of Humayun Suleman Merchant v. CCIT reported in (2016) 387 ITR 421(Bom.). Similarly, ld. CIT(A) disallowed the alternative claim of the assessee for deduction u/s 54F on the grounds that the assessee purchased two residential ho…

M/S Unicorn Industries vs. Principal Comm of Income Tax

ITA/53/2019HC Calcutta26 Jun 2024

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani

Section 80

…further in invoked "Golden Rule" of interpretation that the words 7 of a statute must prima facie to be given their ordinary meaning. We find it very much relevant at this stage that their lordships yet another judgment in Smt. Tarulata Shyam v (1977) 108 ITR 345 (SC) also made it clear that it is the fundamental rule of taxation that where there is no scope for importing into the statute words which are not there, such an important word would be not to construe but to amend the statute. And also that even if there is any casus omisus, the defect can be remedied by the legislation alone and not by ju…

Unicorn Industries vs. Principal Commissioner of Income Tax, Kolkata-I

ITA/55/2019HC Calcutta26 Jun 2024

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani

Section 80

…further in invoked "Golden Rule" of interpretation that the words 7 of a statute must prima facie to be given their ordinary meaning. We find it very much relevant at this stage that their lordships yet another judgment in Smt. Tarulata Shyam v (1977) 108 ITR 345 (SC) also made it clear that it is the fundamental rule of taxation that where there is no scope for importing into the statute words which are not there, such an important word would be not to construe but to amend the statute. And also that even if there is any casus omisus, the defect can be remedied by the legislation alone and not by ju…

The Asstt. Commissioner of Income Tax, Circle-2(1) (1), Ahmedabad vs. M/S. Intas Pharmaceuticals Pvt. Ltd., Ahmedabad

Accordingly the claim of expenditure is allowed as revenue

ITA 1646/AHD/2017[2011-12]Status: DisposedITAT Ahmedabad31 Jan 2024AY 2011-12

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

For Appellant: Shri S. N. Soparkar, Sr. AdvocateFor Respondent: Dr. Darsi Suman Ratnam, CI

…n interest free loan is given to the AEs, income on account of interest cannot be attributed from the point of view of arm’s length consideration. In this regard we also draw support from the Hon’ble Apex Court in the case of Smt. Tarulata Shyam v. CIT [1977] 108 ITR 345 wherein it was held that when the language of the Act is clear and unambiguous, there is no scope of interpolation.” 13. The Ld. Counsel for the assessee has relied on various judicial precedents including the ITAT Ahmedabad in the case of Micro Inks Ltd. (Ahmedabad Tribunal) 36 taxmann.com 50 which are primary on ITA Nos. 1334 to 1336/Ahd/2017…

The Asstt. Commissioner of Income Tax, Circle-2(1) (1), Ahmedabad vs. M/S. Intas Pharmaceuticals Pvt. Ltd., Ahmedabad

Accordingly the claim of expenditure is allowed as revenue

ITA 1645/AHD/2017[2010-11]Status: DisposedITAT Ahmedabad31 Jan 2024AY 2010-11

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

For Appellant: Shri S. N. Soparkar, Sr. AdvocateFor Respondent: Dr. Darsi Suman Ratnam, CI

…n interest free loan is given to the AEs, income on account of interest cannot be attributed from the point of view of arm’s length consideration. In this regard we also draw support from the Hon’ble Apex Court in the case of Smt. Tarulata Shyam v. CIT [1977] 108 ITR 345 wherein it was held that when the language of the Act is clear and unambiguous, there is no scope of interpolation.” 13. The Ld. Counsel for the assessee has relied on various judicial precedents including the ITAT Ahmedabad in the case of Micro Inks Ltd. (Ahmedabad Tribunal) 36 taxmann.com 50 which are primary on ITA Nos. 1334 to 1336/Ahd/2017…

The Assistant Commissioner of Income Tax, Circle-2(1)(1), Ahmedabad vs. Intas Pharmaceuticals Pvt. Ltd., Ahmedabad

Accordingly the claim of expenditure is allowed as revenue

ITA 1644/AHD/2017[2009-10]Status: DisposedITAT Ahmedabad31 Jan 2024AY 2009-10

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

For Appellant: Shri S. N. Soparkar, Sr. AdvocateFor Respondent: Dr. Darsi Suman Ratnam, CI

…n interest free loan is given to the AEs, income on account of interest cannot be attributed from the point of view of arm’s length consideration. In this regard we also draw support from the Hon’ble Apex Court in the case of Smt. Tarulata Shyam v. CIT [1977] 108 ITR 345 wherein it was held that when the language of the Act is clear and unambiguous, there is no scope of interpolation.” 13. The Ld. Counsel for the assessee has relied on various judicial precedents including the ITAT Ahmedabad in the case of Micro Inks Ltd. (Ahmedabad Tribunal) 36 taxmann.com 50 which are primary on ITA Nos. 1334 to 1336/Ahd/2017…

Intas Pharmaceuticals Ltd., Ahmedabad vs. The Assistant Commissioner of Income Tax, Circle-2(1)(1), Ahmedabad

Accordingly the claim of expenditure is allowed as revenue

ITA 1336/AHD/2017[2011-12]Status: DisposedITAT Ahmedabad31 Jan 2024AY 2011-12

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

For Appellant: Shri S. N. Soparkar, Sr. AdvocateFor Respondent: Dr. Darsi Suman Ratnam, CI

…n interest free loan is given to the AEs, income on account of interest cannot be attributed from the point of view of arm’s length consideration. In this regard we also draw support from the Hon’ble Apex Court in the case of Smt. Tarulata Shyam v. CIT [1977] 108 ITR 345 wherein it was held that when the language of the Act is clear and unambiguous, there is no scope of interpolation.” 13. The Ld. Counsel for the assessee has relied on various judicial precedents including the ITAT Ahmedabad in the case of Micro Inks Ltd. (Ahmedabad Tribunal) 36 taxmann.com 50 which are primary on ITA Nos. 1334 to 1336/Ahd/2017…

Intas Pharmaceuticals Ltd., Ahmedabad vs. The Assistant Commissioner of Income Tax, Circle-2(1)(1), Ahmedabad

Accordingly the claim of expenditure is allowed as revenue

ITA 1335/AHD/2017[2010-11]Status: DisposedITAT Ahmedabad31 Jan 2024AY 2010-11

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

For Appellant: Shri S. N. Soparkar, Sr. AdvocateFor Respondent: Dr. Darsi Suman Ratnam, CI

…n interest free loan is given to the AEs, income on account of interest cannot be attributed from the point of view of arm’s length consideration. In this regard we also draw support from the Hon’ble Apex Court in the case of Smt. Tarulata Shyam v. CIT [1977] 108 ITR 345 wherein it was held that when the language of the Act is clear and unambiguous, there is no scope of interpolation.” 13. The Ld. Counsel for the assessee has relied on various judicial precedents including the ITAT Ahmedabad in the case of Micro Inks Ltd. (Ahmedabad Tribunal) 36 taxmann.com 50 which are primary on ITA Nos. 1334 to 1336/Ahd/2017…

Intas Pharmaceuticals Ltd., Ahmedabad vs. The Assistant Commissioner of Income Tax, Circle-2(1)(1), Ahmedabad

Accordingly the claim of expenditure is allowed as revenue

ITA 1334/AHD/2017[2009-10]Status: DisposedITAT Ahmedabad31 Jan 2024AY 2009-10

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

For Appellant: Shri S. N. Soparkar, Sr. AdvocateFor Respondent: Dr. Darsi Suman Ratnam, CI

…n interest free loan is given to the AEs, income on account of interest cannot be attributed from the point of view of arm’s length consideration. In this regard we also draw support from the Hon’ble Apex Court in the case of Smt. Tarulata Shyam v. CIT [1977] 108 ITR 345 wherein it was held that when the language of the Act is clear and unambiguous, there is no scope of interpolation.” 13. The Ld. Counsel for the assessee has relied on various judicial precedents including the ITAT Ahmedabad in the case of Micro Inks Ltd. (Ahmedabad Tribunal) 36 taxmann.com 50 which are primary on ITA Nos. 1334 to 1336/Ahd/2017…

Smt. Pratimaben V. Raja, Rajkot vs. The Income Tax Officer, Intl. Taxn., Rajkot

In the result, Ground No. 1 of the assessee’s appeal is allowed

ITA 51/RJT/2018[2006-07]Status: DisposedITAT Rajkot20 Dec 2023AY 2006-07

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

For Appellant: Shri R. D. Lalchandani, A.RFor Respondent: Shri Shramdeep Sinha, CIT DR
Section 148Section 2(30)Section 68Section 69

…sessee in British India at the time when these payments were made by the merchants to them." 25. The above ratio of the Hon'ble Supreme Court in the case of Keshav Mills Ltd. (supra) was reiterated in series of decisions like Smt. Tarulata Shyam v. CIT [1977] 108 ITR 345 (SC); CIT v. Dharamdas Hargovandas [1961] 42 ITR 427 (SC); Benares State Bank Ltd. v. CIT [1970] 75 ITR 167 (SC). This position of law also been accepted by the CBDT vide para 2 of the CBDT Circular No. 5 in [F.No.73A/2(69)-IT (A-II)], dated 20-2-1969. which extracted below :- "Migrant assessee - Money remitted to India through banks - Enquiries…

Shri Vinodkumar Hiralal Raja, Rajkot vs. The Income Tax Officer, Intl. Taxn., Rajkot

In the result, Ground No. 1 of the assessee’s appeal is allowed

ITA 50/RJT/2018[2006-07]Status: DisposedITAT Rajkot20 Dec 2023AY 2006-07

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

For Appellant: Shri R. D. Lalchandani, A.RFor Respondent: Shri Shramdeep Sinha, CIT DR
Section 148Section 2(30)Section 68Section 69

…sessee in British India at the time when these payments were made by the merchants to them." 25. The above ratio of the Hon'ble Supreme Court in the case of Keshav Mills Ltd. (supra) was reiterated in series of decisions like Smt. Tarulata Shyam v. CIT [1977] 108 ITR 345 (SC); CIT v. Dharamdas Hargovandas [1961] 42 ITR 427 (SC); Benares State Bank Ltd. v. CIT [1970] 75 ITR 167 (SC). This position of law also been accepted by the CBDT vide para 2 of the CBDT Circular No. 5 in [F.No.73A/2(69)-IT (A-II)], dated 20-2-1969. which extracted below :- "Migrant assessee - Money remitted to India through banks - Enquiries…

M/S. New Mangalore Port Authority, Mangaluru vs. Assistant Commissioner of Income-Tax, Circle-1(1), Mangaluru

In the result, the appeal of the assessee is allowed and the cross-objection filed by the Revenue is dismissed

ITA 755/BANG/2023[2012-13]Status: DisposedITAT Bangalore19 Dec 2023AY 2012-13

Bench: Shri Chandra Poojari & Ms. Madhumita Roy

For Appellant: Shri V Srinivasan, AdvocateFor Respondent: Shri G Manoj Kumar, CIT (DR)
Section 143(1)Section 143(2)Section 143(3)Section 14ASection 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH : BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND MS. MADHUMITA ROY, JUDICIAL MEMBER ITA Nos.755 - 757/Bang/2023 Assessment Years : 2012-13 to 2014-15 M/s. New Mangalore The JCIT, Range-1 / Port Authority, ACIT, Circle – 1(1), FA and CAO, Panambur Mangaluru. Mangalore-575 010. PAN – AAALN 0057 A Vs. APPELLANT RESPONDENT C.O. Nos. 6 to 8/Bang/2023 Assessment Years : 2012-13 to 2014-15 (By Revenue) Revenue by : Shri G Manoj Kumar, CIT (DR) Assessee by : Shri V Srinivasan, Advocate Date of Hearing : 05-12-2023 Date of Pronouncement : 19 -12-2023 ORDER…

Deputy Commissioner of Income Tax, Circle-1(1), Raipur vs. S.P. Buildcon Pvt. Ltd., Raipur

ITA 38/RPR/2023[2016-17]Status: DisposedITAT Raipur28 Nov 2023AY 2016-17

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am (Ita No. 35 & 38/Rpr/2023) (Assessment Year: 2014-15 & 2016-17) Deputy Commissioner Of Income Tax, V S.P. Buildcon Private Limited Circle-1(1), S Ff-06, Shyam Plaza, Pandri Bus Stand, Aayakar Bhawan, Civil Lines, Raipur Raipur Pan: Aajcs0653H (अपीलाथ" /Applicant) . (""यथ" / Respondent) . िनधा"रती क" ओर से /Assessee By : Shri Amit M. Jain, Adv. राज"व क" ओर से /Revenue By : Shri Satya Prakash Sharma, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 05-09-2023 घोषणा क" तार"ख/Date Of Pronouncement : 28-11-2023

For Appellant: Shri Amit M. Jain, AdvFor Respondent: Shri Satya Prakash Sharma, Sr. DR
Section 143(3)Section 14ASection 2(22)(e)Section 40Section 43C

…e no other payments made by the assessee which were directly linked with the business affairs of the assessee company. In this regard reliance was placed on the decision of Hon’ble Apex Court in the case of Smt. Tarulata Shyam and others vs. CIT, West Bengal (108 ITR 345), wherein it is held that: “When loan or advance made to shareholder are repaid before the end of the accounting year, whether the loan or advance could be treated as being dividend? The provisions of Section 2(6A)(e) of 1992 Act, would be attracted at the time of advance of loan being made to the shareholder except or the specific provision in…

Deputy Commissioner of Income Tax, Circle-1(1), Raipur vs. S.P. Buildcon Pvt. Ltd., Raipur

ITA 35/RPR/2023[2014-15]Status: DisposedITAT Raipur28 Nov 2023AY 2014-15

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am (Ita No. 35 & 38/Rpr/2023) (Assessment Year: 2014-15 & 2016-17) Deputy Commissioner Of Income Tax, V S.P. Buildcon Private Limited Circle-1(1), S Ff-06, Shyam Plaza, Pandri Bus Stand, Aayakar Bhawan, Civil Lines, Raipur Raipur Pan: Aajcs0653H (अपीलाथ" /Applicant) . (""यथ" / Respondent) . िनधा"रती क" ओर से /Assessee By : Shri Amit M. Jain, Adv. राज"व क" ओर से /Revenue By : Shri Satya Prakash Sharma, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 05-09-2023 घोषणा क" तार"ख/Date Of Pronouncement : 28-11-2023

For Appellant: Shri Amit M. Jain, AdvFor Respondent: Shri Satya Prakash Sharma, Sr. DR
Section 143(3)Section 14ASection 2(22)(e)Section 40Section 43C

…e no other payments made by the assessee which were directly linked with the business affairs of the assessee company. In this regard reliance was placed on the decision of Hon’ble Apex Court in the case of Smt. Tarulata Shyam and others vs. CIT, West Bengal (108 ITR 345), wherein it is held that: “When loan or advance made to shareholder are repaid before the end of the accounting year, whether the loan or advance could be treated as being dividend? The provisions of Section 2(6A)(e) of 1992 Act, would be attracted at the time of advance of loan being made to the shareholder except or the specific provision in…

Sreeni Parameswaran, Ernakulam vs. ACIT Corporate Circle 2(1), Kochi

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

ITA 186/COCH/2023[2011-12]Status: DisposedITAT Cochin30 Oct 2023AY 2011-12

Bench: Shri Sanjay Arora & Shri Manomohan Dassreeni Parameswaran Asst. Cit, 7/42 – B5, Mystic Bells Corporate Circle- 2(1) Villa No. 1, Eroor Desom Kochi Nadama Village Vs. Ernakulam 682308 [Pan: Bahps6202C] (Appellant) (Respondent) Appellant By: Ms. K. Krishna, Advocate Respondent By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing: 18.08.2023 Date Of Pronouncement: 30.10.2023 O R D E R Per:Sanjay Arora, Am This Is An Appeal By The Assessee Agitating The Order Dated 20.01.2023 By The National Faceless Appeal Centre, Delhi (Nfac), Dismissing His Appeal Contesting His Assessment Under Section 147 Read With Section 143(3) Of The Income Tax Act, 1961 (Hereinafter "The Act") Dated 28.03.2016 For Assessment Year (Ay) 2011-12. 2. The Only Issue Arising In The Instant Appeal Is The Validity Or Otherwise In Law, In The Facts & Circumstances Of The Case, Of The Addition By Way Of Deemed Dividend U/S. 2(22)(E) Of The Act For Rs. 62,44,215,Since Confirmed In The First Appeal.

For Appellant: Ms. K. Krishna, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 139Section 143(3)Section 147Section 148(1)Section 2(22)(e)

…IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN Before Shri Sanjay Arora, Accountant Member and Shri Manomohan Das, Judicial Member Sreeni Parameswaran Asst. CIT, 7/42 – B5, Mystic Bells Corporate Circle- 2(1) Villa No. 1, Eroor Desom Kochi Nadama Village vs. Ernakulam 682308 [PAN: BAHPS6202C] (Appellant) (Respondent) Appellant by: Ms. K. Krishna, Advocate Respondent by: Smt. J.M. Jamuna Devi, Sr. D.R. Date of Hearing: 18.08.2023 Date of Pronouncement: 30.10.2023 O R D E R Per:Sanjay Arora, AM This is an appeal by the assessee agitating the order dated 20.01.2023 by the National Faceless Appeal Centre,…

Deputy Commissioner of Income Tax, Central Circle-II, Mangalore vs. Shri.P.M.A.Razak, Mangalore

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

ITA 1637/BANG/2016[2013-14]Status: DisposedITAT Bangalore30 Aug 2023AY 2013-14

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2013-14

For Appellant: Shri Saravanan, D.RFor Respondent: Smt. Sheetal, A.R
Section 132Section 139Section 142(1)Section 143(1)Section 2(22)(e)

…, when the facts are clear that the assessee has availed the loans during the financial year which were repaid before the year ending. (III) The Ld. CIT(A) has failed to appreciate the findings of the Apex Court in the case of Tarulata Shyam & Ors. Vs CIT (SC)108 ITR 345 wherein it was held that even the case where loan advanced to a shareholder was re-paid within the financial year, it shall still be deemed as Shri P.M.A. Razak, Mangalore Page 2 of 24 dividend u/s 2(22)(e). If the assessee comes under the letter of law, he has to be taxed, however great the hardship may appear to the judicial mind to be. As the…

Measage G. G Oils & Fats Private Limited, Bathinda vs. Deputy Commissioner of Income Tax Circle- 1, Bathinda

In the result, the appeals of the assessee bearing ITA No

ITA 513/ASR/2019[2016-17]Status: DisposedITAT Amritsar11 Jul 2023AY 2016-17

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjeei.T.A. No.189/Asr/2018 Assessment Years: 2014-15

Section 143(3)Section 2(22)(e)Section 250

…order of the ld. CIT(A) and also placed that the issue was not covered by the order of ITAT Amritsar Bench, in the assessee’s own case in ITA No. 508/Asr/2017, date of order 05.07.2019. The ld. DR further relied on the cases Smt. Tarulata Shyam v. CIT (1977) 108 ITR 345(SC)&Ms. P Sarada v. CIT reported in 229 ITR 444 (SC) 12.1 The ld. DR invited our attention in appeal order para 3.2 which is extracted as below: “3.2 I have carefully considered the submissions of the appellant and find that Sub-clause (e) of section 2(22) brings into its ambit as “dividend” any payment by way of advance or loan by a closely held…

Mesers G.G Contineental Trades Pvt.Ltd, Bathinda vs. Deputy Commissioner of Income Tax, Circle-I, Bathinda

In the result, the appeals of the assessee bearing ITA No

ITA 189/ASR/2018[2014-15]Status: DisposedITAT Amritsar11 Jul 2023AY 2014-15

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjeei.T.A. No.189/Asr/2018 Assessment Years: 2014-15

Section 143(3)Section 2(22)(e)Section 250

…order of the ld. CIT(A) and also placed that the issue was not covered by the order of ITAT Amritsar Bench, in the assessee’s own case in ITA No. 508/Asr/2017, date of order 05.07.2019. The ld. DR further relied on the cases Smt. Tarulata Shyam v. CIT (1977) 108 ITR 345(SC)&Ms. P Sarada v. CIT reported in 229 ITR 444 (SC) 12.1 The ld. DR invited our attention in appeal order para 3.2 which is extracted as below: “3.2 I have carefully considered the submissions of the appellant and find that Sub-clause (e) of section 2(22) brings into its ambit as “dividend” any payment by way of advance or loan by a closely held…

Acc Limited, Mumbai vs. DCIT (Ltu), Mumbai

In the result, appeal filed by department is dismissed

ITA 800/MUM/2022[2013-14]Status: DisposedITAT Mumbai30 Jun 2023AY 2013-14

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Blem/S. Acc Limited V. Dcit (Ltu) 121, Cement House, M.K. Road 29Th Floor, Center-1 Churchgate, Mumbai-400020 World Trade Centre, Cuffe Parade Mumbai - 400005 Pan: Aaact1507C (Appellant) (Respondent) Asst. Cit – 3(4) V. M/S. Acc Limited 29Th Floor, Center-1 Cement House,121, M.K. Road World Trade Centre, Cuffe Parade Churchgate, Mumbai-400020 Mumbai-400005 Pan: Aaact1507C (Appellant) (Respondent)

Section 14A

…fect can be remedied only by legislation and not by judicial interpretation :— - Orissa State Warehousing Corpn. v. CIT [1999] 103 Taxman 623/237 ITR 589 (SC) - Prakash Nath Khanna v. CIT [2004] 135 Taxman 327/266 ITR 1 (SC) - Smt. TarulataShyam v. CIT [1977] 108 ITR 345 (SC) - Padmasundara Rao v. State of Tamil Nadu [2002] 255 ITR 147 (SC) Apart from the above, it was also pointed out that DTC Bill 2013 has proposed expressly that additional depreciation would be allowed in the FY in which the P&M is used for the first time and those provisions are not made with retrospective effect. It was argued that the legis…

Asst. Commissioner of Income Tax-3(4), Mumbai-400005 vs. M/S. Acc Limited, Mumbai-400020

In the result, appeal filed by department is dismissed

ITA 1171/MUM/2022[2013-14]Status: DisposedITAT Mumbai30 Jun 2023AY 2013-14

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Blem/S. Acc Limited V. Dcit (Ltu) 121, Cement House, M.K. Road 29Th Floor, Center-1 Churchgate, Mumbai-400020 World Trade Centre, Cuffe Parade Mumbai - 400005 Pan: Aaact1507C (Appellant) (Respondent) Asst. Cit – 3(4) V. M/S. Acc Limited 29Th Floor, Center-1 Cement House,121, M.K. Road World Trade Centre, Cuffe Parade Churchgate, Mumbai-400020 Mumbai-400005 Pan: Aaact1507C (Appellant) (Respondent)

Section 14A

…fect can be remedied only by legislation and not by judicial interpretation :— - Orissa State Warehousing Corpn. v. CIT [1999] 103 Taxman 623/237 ITR 589 (SC) - Prakash Nath Khanna v. CIT [2004] 135 Taxman 327/266 ITR 1 (SC) - Smt. TarulataShyam v. CIT [1977] 108 ITR 345 (SC) - Padmasundara Rao v. State of Tamil Nadu [2002] 255 ITR 147 (SC) Apart from the above, it was also pointed out that DTC Bill 2013 has proposed expressly that additional depreciation would be allowed in the FY in which the P&M is used for the first time and those provisions are not made with retrospective effect. It was argued that the legis…