Tea Estate India (P.) ltd. v. CIT

103 ITR 785Supreme Court of India1976#11989 most cited
8

judgments rely on this decision, according to BharatTax’s citation analysis of 341,001 Indian tax judgments — from 2017 to 2024.

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Issues it is cited on

section 115wasection 57(i)section 115bbdsection 2(43)section 4(1)section 115osection 2(45)section 10(33)section 14a(1)section 191section 49treaty benefits

Judgments citing Tea Estate India (P.) ltd. v. CIT

Sms Tolls and Developers, Nagpur vs. ITO, Ward 1(5), Nagpur

In the result, appeal filed by the assessee is partly allowed in terms indicated above

ITA 348/NAG/2023[2011-12]Status: DisposedITAT Nagpur18 Nov 2024AY 2011-12

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Kapil HiraniFor Respondent: Shri Abhay Y. Marathe
Section 143(1)Section 143(2)Section 143(3)Section 148Section 2(22)(e)

…rofits of the company up to the date of distribution or payment of liquidation. These would include development rebate & investment allowance reserve. P.K. Badiani vs CIT 105 ITR 642 (SC). It will even include income which is exempt from tax. Tea Estate v CIT 103 ITR 785 (SC) The Revenue also relies upon the order of THE INCOME TAX APPELLATE TRIBUNAL "G" BENCH, MUMBAI, in ITA No.4573/Mum/ 2018 (Assessment Year: 2012-13) Sanjay Subhashchand Gupta 3rd Floor, Atul Baug Near Saraswat Co-operative Bank Syndicate, Kalyan (West) PAN AAXPG1576G. Appellant v/s Asstt. Commissioner of Income Tax Circle-2, Kalyan RESPONDENT,…

Maruti Suzuki India Ltd, New Delhi vs. DCIT, Circle-16(1), New Delhi

ITA 1953/DEL/2022[2018-19]Status: FixedITAT Delhi20 Apr 2023AY 2018-19

Bench: Shri G. S. Pannu, Shri N.V.Vasudevan & Shri Vikas Awasthyआअसुं.6997/म ुं/2019(धन.व. 2016-17) Deputy Commissioner Of Income Tax Circle 11(3)(1), Mumbai ...... अपीलाथी/Appellant बनाम Vs. Total Oil India Pvt. Ltd. 3Rd Floor, The Leela Galleria, Andheri ( East), Mumbai 400 059 ..... प्रधिवादी/Respondent Pan: Aaace-2175-M C.O. No.57/Mum/2019 Total Oil India Pvt. Ltd. Mumbai – 400 059 ...... Cross Objector बनाम Vs. Deputy Commissioner Of Income Tax ...... प्रधिवादी/Respondent Circle 11(3)(1), Mumbai.

For Appellant: Shri Niraj ShethFor Respondent: Shri Vinod Tanwani, CIT-DR
Section 115

…submits that the additional tax levied under the section is on the distributable profits of the company. 34. On constitutional validity of section 115-O of the Act, the ld. DR placed reliance on the decision in the case of Tea Estate India (P.) ltd. vs. CIT 103 ITR 785 (SC) and submitted that the Hon’ble Apex Court in the aforesaid decision held that only 40% of profit made by a company engaged in growing and manufacturing tea is liable to be taxed as income but in the hands of the company those profits would retain the character of accumulated profits and such 31 Special Bench - Total Oil India Pvt. Ltd. accu…

Maruti Suzuki India Ltd, New Delhi vs. DCIT, Circle-16(1), New Delhi

ITA 1952/DEL/2022[2017-18]Status: FixedITAT Delhi20 Apr 2023AY 2017-18

Bench: Shri G. S. Pannu, Shri N.V.Vasudevan & Shri Vikas Awasthyआअसुं.6997/म ुं/2019(धन.व. 2016-17) Deputy Commissioner Of Income Tax Circle 11(3)(1), Mumbai ...... अपीलाथी/Appellant बनाम Vs. Total Oil India Pvt. Ltd. 3Rd Floor, The Leela Galleria, Andheri ( East), Mumbai 400 059 ..... प्रधिवादी/Respondent Pan: Aaace-2175-M C.O. No.57/Mum/2019 Total Oil India Pvt. Ltd. Mumbai – 400 059 ...... Cross Objector बनाम Vs. Deputy Commissioner Of Income Tax ...... प्रधिवादी/Respondent Circle 11(3)(1), Mumbai.

For Appellant: Shri Niraj ShethFor Respondent: Shri Vinod Tanwani, CIT-DR
Section 115

…submits that the additional tax levied under the section is on the distributable profits of the company. 34. On constitutional validity of section 115-O of the Act, the ld. DR placed reliance on the decision in the case of Tea Estate India (P.) ltd. vs. CIT 103 ITR 785 (SC) and submitted that the Hon’ble Apex Court in the aforesaid decision held that only 40% of profit made by a company engaged in growing and manufacturing tea is liable to be taxed as income but in the hands of the company those profits would retain the character of accumulated profits and such 31 Special Bench - Total Oil India Pvt. Ltd. accu…

Maruti Suzuki India Ltd., New Delhi vs. DCIT, Circle-16(1), New Delhi

ITA 521/DEL/2021[2016-17]Status: FixedITAT Delhi20 Apr 2023AY 2016-17

Bench: Shri G. S. Pannu, Shri N.V.Vasudevan & Shri Vikas Awasthyआअसुं.6997/म ुं/2019(धन.व. 2016-17) Deputy Commissioner Of Income Tax Circle 11(3)(1), Mumbai ...... अपीलाथी/Appellant बनाम Vs. Total Oil India Pvt. Ltd. 3Rd Floor, The Leela Galleria, Andheri ( East), Mumbai 400 059 ..... प्रधिवादी/Respondent Pan: Aaace-2175-M C.O. No.57/Mum/2019 Total Oil India Pvt. Ltd. Mumbai – 400 059 ...... Cross Objector बनाम Vs. Deputy Commissioner Of Income Tax ...... प्रधिवादी/Respondent Circle 11(3)(1), Mumbai.

For Appellant: Shri Niraj ShethFor Respondent: Shri Vinod Tanwani, CIT-DR
Section 115

…submits that the additional tax levied under the section is on the distributable profits of the company. 34. On constitutional validity of section 115-O of the Act, the ld. DR placed reliance on the decision in the case of Tea Estate India (P.) ltd. vs. CIT 103 ITR 785 (SC) and submitted that the Hon’ble Apex Court in the aforesaid decision held that only 40% of profit made by a company engaged in growing and manufacturing tea is liable to be taxed as income but in the hands of the company those profits would retain the character of accumulated profits and such 31 Special Bench - Total Oil India Pvt. Ltd. accu…

Maruti Suzuki India Limited, New Delhi vs. ACIT, Spl. Range-6, New Delhi

ITA 8968/DEL/2019[2015-16]Status: HeardITAT Delhi20 Apr 2023AY 2015-16

Bench: Shri G. S. Pannu, Shri N.V.Vasudevan & Shri Vikas Awasthyआअसुं.6997/म ुं/2019(धन.व. 2016-17) Deputy Commissioner Of Income Tax Circle 11(3)(1), Mumbai ...... अपीलाथी/Appellant बनाम Vs. Total Oil India Pvt. Ltd. 3Rd Floor, The Leela Galleria, Andheri ( East), Mumbai 400 059 ..... प्रधिवादी/Respondent Pan: Aaace-2175-M C.O. No.57/Mum/2019 Total Oil India Pvt. Ltd. Mumbai – 400 059 ...... Cross Objector बनाम Vs. Deputy Commissioner Of Income Tax ...... प्रधिवादी/Respondent Circle 11(3)(1), Mumbai.

For Appellant: Shri Niraj ShethFor Respondent: Shri Vinod Tanwani, CIT-DR
Section 115

…submits that the additional tax levied under the section is on the distributable profits of the company. 34. On constitutional validity of section 115-O of the Act, the ld. DR placed reliance on the decision in the case of Tea Estate India (P.) ltd. vs. CIT 103 ITR 785 (SC) and submitted that the Hon’ble Apex Court in the aforesaid decision held that only 40% of profit made by a company engaged in growing and manufacturing tea is liable to be taxed as income but in the hands of the company those profits would retain the character of accumulated profits and such 31 Special Bench - Total Oil India Pvt. Ltd. accu…

Maruti Suzuki India Ltd., New Delhi vs. DCIT, Circle-16(1), New Delhi

ITA 8009/DEL/2018[2014-15]Status: HeardITAT Delhi20 Apr 2023AY 2014-15

Bench: Shri G. S. Pannu, Shri N.V.Vasudevan & Shri Vikas Awasthyआअसुं.6997/म ुं/2019(धन.व. 2016-17) Deputy Commissioner Of Income Tax Circle 11(3)(1), Mumbai ...... अपीलाथी/Appellant बनाम Vs. Total Oil India Pvt. Ltd. 3Rd Floor, The Leela Galleria, Andheri ( East), Mumbai 400 059 ..... प्रधिवादी/Respondent Pan: Aaace-2175-M C.O. No.57/Mum/2019 Total Oil India Pvt. Ltd. Mumbai – 400 059 ...... Cross Objector बनाम Vs. Deputy Commissioner Of Income Tax ...... प्रधिवादी/Respondent Circle 11(3)(1), Mumbai.

For Appellant: Shri Niraj ShethFor Respondent: Shri Vinod Tanwani, CIT-DR
Section 115

…submits that the additional tax levied under the section is on the distributable profits of the company. 34. On constitutional validity of section 115-O of the Act, the ld. DR placed reliance on the decision in the case of Tea Estate India (P.) ltd. vs. CIT 103 ITR 785 (SC) and submitted that the Hon’ble Apex Court in the aforesaid decision held that only 40% of profit made by a company engaged in growing and manufacturing tea is liable to be taxed as income but in the hands of the company those profits would retain the character of accumulated profits and such 31 Special Bench - Total Oil India Pvt. Ltd. accu…

Ramesh Premji Shah, Mumbai vs. Deputy Commissioner of Income Tax, Mumbai

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

ITA 1985/MUM/2022[2012-13]Status: DisposedITAT Mumbai09 Jan 2023AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.1985/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2012-13) Ramesh Premji Shah बिधम/ Dcit 3-6 Shreeji Apartments 45 Aayakar Bhavan, Marine Vs. Jp Road Andheri (W), Lines, Mumbai-400020. Mumbai-400058. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aadps2715F (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Subhas Bains Revenue By: Ms. Mahita Nair (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 19/10/2022 घोषणा की तारीख /Date Of Pronouncement: 09/01/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 15.07.2022 For The Assessment Year 2012-13. 2. The Grounds Of Appeal Raised By The Assessee Are As Under: - “1The Cit(A)/Nfac Has Erred On The Facts & In The Circumstances Of The Case, In As Much As Upholding The Reassessment Order Passed By The Assessing Officer U/S 143(3) Rws 147 Of The It Act Dated 09.12.2019 Which Was Requested To Be Held As Illegal & Bad In Law As No Reassessment Can Be Made For Making Addition U/S 2(22)(E) Of The It Act U/S 147 Especially When The Disallowance Was Made From All The Details & Facts Available On Record And, Therefore, The Main Condition For Reopening The Case Beyond Four Years Which Is Failure On The Part Of Appellant To Disclose Fully & Truly All Material Facts Was Not Established By The Ao. Hon’Ble Itat Is Requested To Reverse The Order

For Appellant: Shri Subhas BainsFor Respondent: Ms. Mahita Nair (Sr. AR)
Section 143(3)Section 147Section 2(22)(e)Section 234ASection 271(1)(c)Section 71

…rofits of the company up to the date of distribution or payment of liquidation. These would include development rebate & investment allowance reserve. P.K. Badiani vs CIT 105 ITR 642 (SC). It will even include income which is exempt from tax. Tea Estate v CIT 103 ITR 785 (SC) The Revenue also relies upon the order of THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI, in ITA No.4573/Mum/2018 (Assessment Year: 2012-13) Sanjay Subhashchand Gupta 3rd Floor, Atul Baug Near Saraswat Co-operative Bank Syndicate, Kalyan (West) PAN — AAXPG1576G. ................ Appellant v/s Asstt. Commissioner of Income Tax Circle-2,…

ACIT, Cir-35, Kolkata vs. Shri Manoj Murarka, Kolkata

In the result, the appeal of revenue is dismissed

ITA 294/KOL/2016[2006-07]Status: DisposedITAT Kolkata13 Dec 2017AY 2006-07

Bench: "ी ऐ. ट". वक", "यायीक सद"य एवं/And "ी वसीम अहमद, लेखा सद"य) [Before Shri A. T. Varkey, Jm & Shri Waseem Ahmed, Am]

Section 143(1)Section 143(3)Section 147Section 2Section 2(22)Section 2(22)(e)

…on of the statute. We do not see any reason why such a strained construction should be adopted." We do not also agree with the Tribunal's reasoning that the decisions in Short Brothers' case [1966] 60 ITR 83 (SC) and in Tea Estate India P. Ltd.'s case [1976] 103 ITR 785 (SC), would not apply to the present case because there had been changes in the definition of Section 2(22) of the Act, which corresponds to Section 2(6A) of the 1922 Act. The Tribunal has not enlightened as to how the difference in the definition had rendered the decisions inapplicable. The principle enunciated in those cases, which is applicabl…

Tea Estate India (P.) ltd. v. CIT (103 ITR 785) — Cited in 8 Judgments | BharatTax