State Fertilizers & Chemicals Ltd. (217 Taxman 229)(Guj. HC), CIT v. Suzlon Energy Ltd. (

325 ITR 583Reported decision#11493 most cited
9

judgments rely on this decision, according to BharatTax’s citation analysis of 348,607 Indian tax judgments — from 2018 to 2026.

Sections most often in play

Section 143(3)Section 144BSection 14ASection 1961Section 250

Judgments citing State Fertilizers & Chemicals Ltd. (217 Taxman 229)(Guj. HC), CIT v. Suzlon Energy Ltd. (

Joint Commisioner of Income Tax(OSD) Circle 3(1)(1) Ahmedabad, Ahmedabad vs. Nirma Chemical Works Private Limited, Ahmedabad

In the result, the appeal of the Revenue is dismissed

ITA 164/AHD/2026[2020-21]Status: DisposedITAT Ahmedabad26 Feb 2026AY 2020-21

Bench: Dr. B.R.R. Kumar, Vice-Shri T.R. Senthil Kumar

Section 143(3)Section 14ASection 250

…n’ble Gujarat High Court, including in the case UTI Bank Ltd. (32 taxmann.com 370)(Guj.), CIT Vs. Gujarat State Fertilizers & Chemicals Ltd. (217 Taxman 229)(Guj. HC), CIT Vs. Suzlon Energy Ltd. (354 ITR 630) (Guj. HC), CIT Vs. Gujarat Power Corporation Ltd. (325 ITR 583) (Guj. HC), as also relying on his predecessor’s orders in assessee’s own case for preceding assessment years i.e. AY 2015-16, 2017-18, 2018-19, deleted the disallowance holding that no nexus with borrowed funds was established and no exempt income was earned. 5. Aggrieved by the order of the Ld. CIT(A), the Revenue is now in appeal before the T…

The ACIT, Eluru vs. M/S. Jeypote Sugar Company Ltd., Chagallu

In the result, appeal filed by the revenue and the CO filed by the assessee are dismissed

ITA 268/VIZ/2015[2010-11]Status: DisposedITAT Visakhapatnam31 Jul 2018AY 2010-11

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bleacit, Circle-1, Vs. M/S. The Jeypore Sugar Eluru. Company Ltd., D.No. 6/69, Chagallu, W.G. District. Pan No. Aaact 9942 R (Appellant) (Respondent) C.O.No. 50/Viz/2016 (Arising Out Of Ita No. 268/Viz/2015) (Asst. Year : 2010-11) M/S. The Jeypore Sugar Vs. Acit, Circle-1, Company Ltd., D.No. 6/69, Eluru. Chagallu, W.G. District. Pan No. Aaact 9942 R (Applicant) (Respondent)

For Appellant: Shri G.V.N. Hari – AdvocateFor Respondent: Shri K.C. Das – Sr.DR
Section 36Section 36(1)(iv)Section 369(1)(iv)Section 37Section 40A(7)Section 40k

…e described in section 36(1)(iv), therefore cannot be allowed under section 37 also. 8. The CIT(A) ought to have followed the order of the Hon'ble Allahabad High Court judgment in the case of CIT Vs Pradeshya Industrial & Investment Corporation of UP Ltd., in 325 ITR 583 (2010) wherein it was held that for gratuity to be deductible under the Act, it must fulfill the conditions laid down in C.O.No. 50/VIZ/2016 (M/s. The Jeypore Sugar Company Ltd.) Sec.40A(7) and the deduction cannot be allowed on general principles under any other sections of the Act because sub- section(l) of section 40k makes it clear that the…

The ACIT, Eluru vs. M/S. the District Co - Operative Central Bank Ltd., Eluru

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

ITA 269/VIZ/2015[2011-12]Status: DisposedITAT Visakhapatnam25 Jan 2018AY 2011-12

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singh

Section 133ASection 143(1)Section 147Section 148Section 36(1)(v)Section 40A(7)(b)

…Shree Sajjan Mills Vs. CIT reported in 156 ITR 585 (SC), Sony India (P) Ltd. Vs.CIT, 285 ITR 123(Del) and the decision in the case of CIT.Vs Pradeshiya Industrial and Investment corporation M/s. The District Co-operative Central Bank Ltd., Eluru of U.P. Ltd,325 ITR 583 and disallowed the sum of Rs.4,60,59,225/- and brought to tax. 5. Aggrieved by the order of the A.O., the assessee went on appeal before the CIT(A) and the Ld. CIT(A) observed that the gratuity funds/trust was not an approved fund/trust. Even though a separate trust was created for the purpose of gratuity, the assessee has been making the paym…

The District Co-Operative Central Bank Ltd., Eluru vs. The ACIT, Eluru

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

ITA 524/VIZ/2014[2010-11]Status: DisposedITAT Visakhapatnam25 Jan 2018AY 2010-11

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singh

Section 133ASection 143(1)Section 147Section 148Section 36(1)(v)Section 40A(7)(b)

…Shree Sajjan Mills Vs. CIT reported in 156 ITR 585 (SC), Sony India (P) Ltd. Vs.CIT, 285 ITR 123(Del) and the decision in the case of CIT.Vs Pradeshiya Industrial and Investment corporation M/s. The District Co-operative Central Bank Ltd., Eluru of U.P. Ltd,325 ITR 583 and disallowed the sum of Rs.4,60,59,225/- and brought to tax. 5. Aggrieved by the order of the A.O., the assessee went on appeal before the CIT(A) and the Ld. CIT(A) observed that the gratuity funds/trust was not an approved fund/trust. Even though a separate trust was created for the purpose of gratuity, the assessee has been making the paym…

The District Co-Operative Central Bank Ltd., Eluru vs. The ACIT, Visakhapatnam

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

ITA 515/VIZ/2014[2007-08]Status: DisposedITAT Visakhapatnam25 Jan 2018AY 2007-08

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singh

Section 133ASection 143(1)Section 147Section 148Section 36(1)(v)Section 40A(7)(b)

…Shree Sajjan Mills Vs. CIT reported in 156 ITR 585 (SC), Sony India (P) Ltd. Vs.CIT, 285 ITR 123(Del) and the decision in the case of CIT.Vs Pradeshiya Industrial and Investment corporation M/s. The District Co-operative Central Bank Ltd., Eluru of U.P. Ltd,325 ITR 583 and disallowed the sum of Rs.4,60,59,225/- and brought to tax. 5. Aggrieved by the order of the A.O., the assessee went on appeal before the CIT(A) and the Ld. CIT(A) observed that the gratuity funds/trust was not an approved fund/trust. Even though a separate trust was created for the purpose of gratuity, the assessee has been making the paym…

The ITO, Ward-2, Eluru vs. M/S the District Co-Operative Central Bank Ltd., Eluru

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

ITA 78/VIZ/2012[2008-09]Status: DisposedITAT Visakhapatnam25 Jan 2018AY 2008-09

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singh

Section 133ASection 143(1)Section 147Section 148Section 36(1)(v)Section 40A(7)(b)

…Shree Sajjan Mills Vs. CIT reported in 156 ITR 585 (SC), Sony India (P) Ltd. Vs.CIT, 285 ITR 123(Del) and the decision in the case of CIT.Vs Pradeshiya Industrial and Investment corporation M/s. The District Co-operative Central Bank Ltd., Eluru of U.P. Ltd,325 ITR 583 and disallowed the sum of Rs.4,60,59,225/- and brought to tax. 5. Aggrieved by the order of the A.O., the assessee went on appeal before the CIT(A) and the Ld. CIT(A) observed that the gratuity funds/trust was not an approved fund/trust. Even though a separate trust was created for the purpose of gratuity, the assessee has been making the paym…

M/S the District Co-Operative Central Bank Ltd., Eluru vs. The ITO, Ward-2, Eluru

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

ITA 50/VIZ/2012[2008-09]Status: DisposedITAT Visakhapatnam25 Jan 2018AY 2008-09

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singh

Section 133ASection 143(1)Section 147Section 148Section 36(1)(v)Section 40A(7)(b)

…Shree Sajjan Mills Vs. CIT reported in 156 ITR 585 (SC), Sony India (P) Ltd. Vs.CIT, 285 ITR 123(Del) and the decision in the case of CIT.Vs Pradeshiya Industrial and Investment corporation M/s. The District Co-operative Central Bank Ltd., Eluru of U.P. Ltd,325 ITR 583 and disallowed the sum of Rs.4,60,59,225/- and brought to tax. 5. Aggrieved by the order of the A.O., the assessee went on appeal before the CIT(A) and the Ld. CIT(A) observed that the gratuity funds/trust was not an approved fund/trust. Even though a separate trust was created for the purpose of gratuity, the assessee has been making the paym…

M/S the District Co-Operative Central Bank Ltd., Eluru vs. The ITO, Ward-2, Eluru

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

ITA 49/VIZ/2012[2007-08]Status: DisposedITAT Visakhapatnam25 Jan 2018AY 2007-08

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singh

Section 133ASection 143(1)Section 147Section 148Section 36(1)(v)Section 40A(7)(b)

…Shree Sajjan Mills Vs. CIT reported in 156 ITR 585 (SC), Sony India (P) Ltd. Vs.CIT, 285 ITR 123(Del) and the decision in the case of CIT.Vs Pradeshiya Industrial and Investment corporation M/s. The District Co-operative Central Bank Ltd., Eluru of U.P. Ltd,325 ITR 583 and disallowed the sum of Rs.4,60,59,225/- and brought to tax. 5. Aggrieved by the order of the A.O., the assessee went on appeal before the CIT(A) and the Ld. CIT(A) observed that the gratuity funds/trust was not an approved fund/trust. Even though a separate trust was created for the purpose of gratuity, the assessee has been making the paym…

The ACIT., Circle - 1, Eluru vs. M/S the District Co-Operative Central Bank Ltd., Eluru

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

ITA 476/VIZ/2012[2009-2010]Status: DisposedITAT Visakhapatnam25 Jan 2018AY 2009-2010

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singh

Section 133ASection 143(1)Section 147Section 148Section 36(1)(v)Section 40A(7)(b)

…Shree Sajjan Mills Vs. CIT reported in 156 ITR 585 (SC), Sony India (P) Ltd. Vs.CIT, 285 ITR 123(Del) and the decision in the case of CIT.Vs Pradeshiya Industrial and Investment corporation M/s. The District Co-operative Central Bank Ltd., Eluru of U.P. Ltd,325 ITR 583 and disallowed the sum of Rs.4,60,59,225/- and brought to tax. 5. Aggrieved by the order of the A.O., the assessee went on appeal before the CIT(A) and the Ld. CIT(A) observed that the gratuity funds/trust was not an approved fund/trust. Even though a separate trust was created for the purpose of gratuity, the assessee has been making the paym…

State Fertilizers & Chemicals Ltd. (217 Taxman 229)(Guj. HC), CIT v. Suzlon Energy Ltd. ( (325 ITR 583) — Cited in 9 Judgments | BharatTax