Triveni Engg. Works Ltd. v. CIT

144 ITR 732High Court1983#1859 most cited

What is Triveni Engg. Works Ltd. v. CIT authority for?

Interest on arrears of tax is compensatory in nature, not penal, and is therefore an allowable deduction under the Income-tax Act. This decision reversed a previous Full Bench ruling.

61

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2026.

Also referred to as

Triveni Engg. Works Ltd. v. CIT · 144 ITR 732 · interest on arrears of tax · compensatory nature · penal interest · allowable deduction · section 37 · section 201(1A) · section 215 · deductibility of interest · statutory dues · Full Bench decision reversed

Sections most often in play

Section 37Section 143(3)Section 69CSection 115BAASection 147Section 153CSection 2(24)(x)Section 201(1A)

Issues it is cited on

section 215section 226section 24asection 35esection 2(43)section 269uasection 75interest under section 201(1a)section 2(28a)section 14a(1)section 211statutory dues

Judgments citing Triveni Engg. Works Ltd. v. CIT

INCOME TAX OFFICER, LUCKNOW vs. RAJEEV KUMAR KAPOOR, LUCKNOW

In the result, the appeal of the Revenue is dismissed

ITA 424/LKW/2023[2021-22]Status: DisposedITAT Lucknow20 Jan 2026AY 2021-22

Bench: SH. KUL BHARAT, VICE PRESIDENT AND SH. NIKHIL CHOUDHARY (Accountant Member)

For Appellant: Sh. Rakesh Garg, AdvocateFor Respondent: Sh. R.R.N. Shukla, Addl CIT DR
Section 1Section 115BSection 133(6)Section 143(3)Section 37Section 69C

…ance because of late deposit of TDS, we note that the Hon’ble Supreme Court in the case of Lachmandas Mathura vs. CIT 254 ITR 799, after referring to judgments of the Hon’ble Allahabad High Court in the case of Triveni Engineering Works Limited vs. CIT (1983) 144 ITR 732 (All) (FB) and the decision of the Hon’ble Supreme Court in the case of Saraya Sugar Mills (P.) Ltd., vs. CIT in Civil Appeal No.830 of 1979 has held that interest on arrears of tax is compensatory in nature and not penal. In the circumstances, there does not 7 Rajeev Kumar Kapoor A.Y. 2021-22 appear to be any reason to sustain the disallowance…

DCIT-14(1)(2), MUMBAI vs. M/S. EKTA EVERGLADE HOMES PVT LTD.,, MUMBAI

In the result, the ground raised by the revenue is allowed

ITA 1489/MUM/2023[2016-17]Status: DisposedITAT Mumbai24 Nov 2025AY 2016-17
For Appellant: Shri Shobit MishraFor Respondent: Ms. Neena Jeph (CIT DR)
Section 143(3)Section 153ASection 250Section 92C

…a Sugar Mills (P.) Ltd. v. CIT [1979] 116 ITR 387 (All.) The learned counsel appearing for the appellant-assessee states that the said judgment of the Full Bench has been reversed by the larger Bench of the High Court in Triveni Engg. Works Ltd. v. CIT [1983] 144 ITR 732 (All.) (FB), wherein it has been held that interest on arrears of tax is compensatory in nature and not penal. This question has also been considered by this Court in Civil Appeal No. 830 of 1979 titled Saraya Sugar Mills (P.) Ltd. v. CIT decided on 29-2-1996. In that view of the matter, the appeal is allowed and question Nos.1 and 2 are answered…

DCIT-14(1)(2), MUMBAI vs. M/S. EKTA EVERGLADE HOMES PVT LTD.,, MUMBAI

In the result, the ground raised by the revenue is allowed

ITA 1488/MUM/2023[2015-16]Status: DisposedITAT Mumbai24 Nov 2025AY 2015-16
For Appellant: Shri Shobit MishraFor Respondent: Ms. Neena Jeph (CIT DR)
Section 143(3)Section 153ASection 250Section 92C

…ugar Mills (P.) Ltd. v. CIT [1979] 116 ITR 387 (All.) The\nlearned counsel appearing for the appellant-assessee states that the said judgment of\nthe Full Bench has been reversed by the larger Bench of the High Court in Triveni Engg.\nWorks Ltd. v. CIT [1983] 144 ITR 732 (All.) (FB), wherein it has been held that interest on\narrears of tax is compensatory in nature and not penal. This question has also been\nconsidered by this Court in Civil Appeal No. 830 of 1979 titled Saraya Sugar Mills (P.)\nLtd. v. CIT decided on 29-2-1996. In that view of the matter, the appeal is allowed and\nquestion Nos.1 and 2 are answ…

DCIT, CIR-14(1)(2), MUMBAI vs. M/S. EKTA EVEGLADE HOMES PVT LTD.,, MUMBAI

In the result, the ground raised by the revenue is allowed

ITA 1486/MUM/2023[2013-14]Status: DisposedITAT Mumbai24 Nov 2025AY 2013-14

Bench: SHRI ANIKESH BANERJEE (Judicial Member), SMT. RENU JAUHRI (Accountant Member)

For Appellant: Shri Shobit MishraFor Respondent: Ms. Neena Jeph (CIT DR)
Section 143(3)Section 153ASection 250Section 92C

…a Sugar Mills (P.) Ltd. v. CIT [1979] 116 ITR 387 (All.) The learned counsel appearing for the appellant-assessee states that the said judgment of the Full Bench has been reversed by the larger Bench of the High Court in Triveni Engg. Works Ltd. v. CIT [1983] 144 ITR 732 (All.) (FB), wherein it has been held that interest on arrears of tax is compensatory in nature and not penal. This question has also been considered by this Court in Civil Appeal No. 830 of 1979 titled Saraya Sugar Mills (P.) Ltd. v. CIT decided on 29-2-1996. In that view of the matter, the appeal is allowed and question Nos. 1 and 2 are answere…

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, GUWAHATI, GUWAHATI, ASSAM vs. ASSAM POWER DISTRIBUTION COMPANY LIMITED, GUWAHATI

The appeal is allowed and questions Nos

ITA 159/GTY/2025[2016-17]Status: DisposedITAT Guwahati25 Aug 2025AY 2016-17

Bench: The Hon'Ble Income Tax Appellate Tribunal (Itat) Was On Or Before. However, The Appeal Was Filed Before The Hon'Ble

Section 250

…a Sugar Mills P. Ltd. v. CIT [1979] 116 ITR 387 (All). Learned counsel appearing for the appellant -assessee states that the said judgment of the Full Bench has been reversed by the larger Bench of the High Court in Triveni Engineering Works Ltd. v. CIT[1983] 144 ITR 732 (All), wherein it has been held that interest on arrears of tax is compensatory in nature and not penal This question has also been considered by this court in Civil Appeal No. 830 of 1979 titled Saraya Sugar Mills P. Ltd. v. CIT, decided on February 29, 1996. In that view of the matter, the appeal is allowed and questions Nos. 1 and 2 are answer…

SJS MOTORS,MEERUT vs. CIRCLE 1(1) , MEERUT

In the result, the appeal of the Assessee is allowed

ITA 5025/DEL/2024[2018-19]Status: DisposedITAT Delhi04 Jul 2025AY 2018-19

Bench: Shri Vikas Awasthy & Shri M. Balaganeshsjs Motors, Vs. Income Tax Officer, 58, Opp Dewan Circle-1(1), Meerut Textile, Delhi Road, Meerut (Appellant) (Respondent) Pan: Abbfs1262L Assessee By : Shri Rohit Aggarwal, Ca Revenue By: Shri Manish Gupta, Sr. Dr Date Of Hearing 20/05/2025 Date Of Pronouncement 04/07/2025

For Appellant: Shri Rohit Aggarwal, CAFor Respondent: Shri manish Gupta, Sr. DR
Section 143(3)Section 37

…a Sugar Mills (P.) Ltd. v. CIT [1979] 116 ITR 387 (All.) The learned counsel appearing for the appellant-assessee states that the said judgment of the Full Bench has been reversed by the larger Bench of the High Court in Triveni Engg. Works Ltd. v. CIT [1983] 144 ITR 732 (All.) (FB), wherein it has been held that interest SJS Motors on arrears of tax is compensatory in nature and not penal. This question has also been considered by this Court in Civil Appeal No. 830 of 1979 titled Saraya Sugar Mills (P.) Ltd. v. CIT decided on 29-2-1996. In that view of the matter, the appeal is allowed and question Nos. 1 and 2…

MAHALAXMI INFRACONTRACT LIMITED,AHMEDABAD vs. THE DY.CIT, CENTRAL CIRCLE-1(4), AHMEDABAD

In the result, appeal of the assessee is allowed

ITA 1702/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad12 Mar 2025AY 2017-18

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

For Appellant: Shri Dhinal Shah, A.RFor Respondent: Shri V Nandakumar, CIT DR & B.P. Srivastava
Section 10(2)(xv)Section 3(2)Section 3(3)Section 3(5)Section 37

…1702/Ahd/2024 DCIT vs. Mahalaxmi Infracontract Ltd. & Mahalaxmi Infracontract Ltd. vs. DCIT Asst. Years –2020-21, 2021-22 & 2017-18 - 4– Balrampur Sugar Co. Ltd. v. CIT [1982] 135 ITR 227 and the Allahabad High Court in Triveni Engg. Works Ltd. v. CIT [1983] 144 ITR 732 (FB). 7. Accordingly, in light of the aforesaid decisions and discussion, we are of the considered view that Ld. CIT(Appeals) has correctly held that the above interest on GST and GST late filing fee was not towards violation of any law and hence is allowable as a deduction under section 37 of the Act. We find no infirmity in the order of Ld. CI…

DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL CIRCLE)-1(4), AHMEDABAD, AHMEDABAD vs. MAHALAXMI INFRACONTRACT LIMITED, AHMEDABAD

In the result, appeal of the assessee is allowed

ITA 1578/AHD/2024[2021-22]Status: DisposedITAT Ahmedabad12 Mar 2025AY 2021-22

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

For Appellant: Shri Dhinal Shah, A.RFor Respondent: Shri V Nandakumar, CIT DR & B.P. Srivastava
Section 10(2)(xv)Section 3(2)Section 3(3)Section 3(5)Section 37

…1702/Ahd/2024 DCIT vs. Mahalaxmi Infracontract Ltd. & Mahalaxmi Infracontract Ltd. vs. DCIT Asst. Years –2020-21, 2021-22 & 2017-18 - 4– Balrampur Sugar Co. Ltd. v. CIT [1982] 135 ITR 227 and the Allahabad High Court in Triveni Engg. Works Ltd. v. CIT [1983] 144 ITR 732 (FB). 7. Accordingly, in light of the aforesaid decisions and discussion, we are of the considered view that Ld. CIT(Appeals) has correctly held that the above interest on GST and GST late filing fee was not towards violation of any law and hence is allowable as a deduction under section 37 of the Act. We find no infirmity in the order of Ld. CI…

DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL CIRCLE) -1(4), AHMEDABAD, AHMEDABAD vs. MAHALAXMI INFRACONTRACT LIMITED, AHMEDABAD

In the result, appeal of the assessee is allowed

ITA 1577/AHD/2024[2020-21]Status: DisposedITAT Ahmedabad12 Mar 2025AY 2020-21

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

For Appellant: Shri Dhinal Shah, A.RFor Respondent: Shri V Nandakumar, CIT DR & B.P. Srivastava
Section 10(2)(xv)Section 3(2)Section 3(3)Section 3(5)Section 37

…1702/Ahd/2024 DCIT vs. Mahalaxmi Infracontract Ltd. & Mahalaxmi Infracontract Ltd. vs. DCIT Asst. Years –2020-21, 2021-22 & 2017-18 - 4– Balrampur Sugar Co. Ltd. v. CIT [1982] 135 ITR 227 and the Allahabad High Court in Triveni Engg. Works Ltd. v. CIT [1983] 144 ITR 732 (FB). 7. Accordingly, in light of the aforesaid decisions and discussion, we are of the considered view that Ld. CIT(Appeals) has correctly held that the above interest on GST and GST late filing fee was not towards violation of any law and hence is allowable as a deduction under section 37 of the Act. We find no infirmity in the order of Ld. CI…

DCIT 5(1)(1), MUMBAI vs. AIR INDIA LTD, MUMBAI

In the result, the appeals filed by the assessee\nare partly allowed for statistical purposes and the\nappeals filed by the revenue are dismissed

ITA 4484/MUM/2018[2012-13]Status: DisposedITAT Mumbai21 Feb 2025AY 2012-13
For Appellant: \nShri Madhur Agrawal.ARFor Respondent: \nSmt Sailaja Rai, CIT DR
Section 143(2)Section 14ASection 250Section 44A

…ar Mills (P.) Ltd. v. CIT [1979]\n116 ITR 387 (All.) The learned counsel appearing for\nthe appellant-assessee states that the said judgment\nof the Full Bench has been reversed by the larger\nBench of the High Court in Triveni Engg. Works Ltd. v.\nCIT [1983] 144 ITR 732 (All.) (FB), wherein it has been\nheld that interest on arrears of tax is compensatory in\nnature and not penal. This question has also been\nconsidered by this Court in Civil Appeal No. 830 of\n1979 titled Saraya Sugar Mills (P.) Ltd. v. CIT decided\non 29-2-1996. In that view of the matter, the appeal is\nallowed and question Nos.1 and 2 are an…

IVTL INFOVIEW TECHNOLOGIES PVT. LTD.,CHENNAI vs. DCIT, CORPORATE CIRCLE-II(2), CHENNAI

In the result, appeal filed by the assessee stands allowed

ITA 2916/CHNY/2024[2015-16]Status: DisposedITAT Chennai30 Jan 2025AY 2015-16

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Jagadishआयकरअपील सं./ Ita No.2916/Chny/2024 (िनधा"रणवष" / Assessment Year: 2015-2016) Ivtl Infoview Technologies Vs. The Deputy Commissioner Of Private Limited, Income Tax, No.2/319, 3F, Corporate Circle Ii(2) Vishranthi Melaram Towers, Chennai 600 034. Oggiam Thoraipakkam, Chennai 600 097. [Pan: Aaaci 7550A] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Ms. S. Vidhya, C.A., ""यथ" क" ओर से /Respondent By : Ms. Pushpa Hemachand, Jcit. सुनवाई क" तार"ख/Date Of Hearing : 22.01.2025 घोषणा क" तार"ख /Date Of Pronouncement : 30.01.2025 आदेश / O R D E R Per Manu Kumar Giri ()

For Appellant: Ms. S. Vidhya, C.AFor Respondent: Ms. Pushpa Hemachand, JCIT
Section 143(3)Section 2(24)(x)Section 36(1)Section 36(1)(va)

…a Sugar Mills (P.) Ltd. v. CIT [1979] 116 ITR 387 (All.) The learned counsel appearing for the appellant-assessee states that the said judgment of the Full Bench has been reversed by the larger Bench of the High Court in Triveni Engg. Works Ltd. v. CIT [1983] 144 ITR 732 (All.) (FB), wherein it has been held that interest on arrears of tax is compensatory in nature and not penal. This question has also been considered by this Court in Civil Appeal No. 830 of 1979 titled Saraya Sugar Mills (P.) Ltd. v. CIT decided on 29-2-1996. In that view of the matter, the appeal is allowed and question Nos. 1 and 2 are answere…

KIRI INDUSTRIES LTD.,AHMEDABAD vs. THE PR. CIT, AHMEDABAD-1, AHMEDABAD

In the result, appeal of the assessee is allowed

ITA 422/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad23 Oct 2024AY 2018-19

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

For Appellant: Shri Tushar Hemani, Sr. Adv. & ShriFor Respondent: Shri A.P. Singh, CIT DR
Section 143(3)Section 144BSection 14ASection 201Section 263Section 36(1)(iii)Section 36(1)(va)Section 37Section 37(1)

…e & Fire India (P.) Ltd." (2022) 195 ITD 266 (Mum), "Kaypee Mechanical India P. Ltd." (2014) 223 Taxman 346 (Guj), and several decisions from the Supreme Court, such as "Mahalaxmi Sugar Mills Co." (1980) 123 ITR 429 and "Triveni Engineering Works Ltd." (1983) 144 ITR 732. Therefore, even on Kiri Industries Ltd. vs. PCIT Asst.Year –2018-19 - 5– substantive grounds, the addition proposed by the Principal CIT is untenable given the established legal principles. Consequently, the Counsel for the assessee submitted that the order of the Assessing Officer does not meet the criteria of being erroneous or prejudicial to…

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11(1), KOLKATA, KOLKATA vs. WELKIN TELECOM INFRA PRIVATE LIMITED, KOLKATA

In the result, appeal of the revenue is partly allowed

ITA 1087/KOL/2023[2013-14]Status: DisposedITAT Kolkata10 Oct 2024AY 2013-14

Bench: Shri Rajpal Yadav (Vice President), Dr. Manish Borad (Accountant Member)

Section 142Section 143(3)Section 250Section 36(1)(va)Section 40Section 40A(3)

…ya Sugar Mills P. Ltd. v. CIT (1979] 116 1TR 387 (All). Learned counsel appearing for the appellant-assessee states that the said judgment of the Full Bench has been reversed by the larger Bench of the High Court in Triveni Engineering Works Ltd v. C1T [1983] 144 ITR 732 (A11), wherein it has been held that interest on arrears of tax is compensatory in nature and not penal. This question has also been considered by this court in Civil Appeal No. 830 of 1979 titled Saraya Sugar Mills Pvt. Ltd v. C1T, decided on February 29, 1996. In that view of the matter, the appeal is allowed and questions Nos. 1 and 2 are answ…

FRIENDS TIMBER PVT. LTD,NAGPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, NAGPUR

In the result, appeal filed by the assessee is dismissed

ITA 120/NAG/2021[2014-15]Status: DisposedITAT Nagpur24 Sept 2024AY 2014-15

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

For Appellant: Shri Kapil HiraniFor Respondent: Shri Abhay Y. Marathe

…e. The assessee was asked to explain regarding such claim. The assessee, through its Authorised Representative, relied upon the following case laws:– 1. Mahalaxmi Sugar Mills v/s CIT, [1980] 123 ITR 429 (SC); 2. Triveni Engineering Works Ltd. v/s CITv [1983] 144 ITR 732 (All.) 3. CIT v/s H.P. State Forest Corporation, [2010] 320 ITR 170 (HP); 4. Lachmandas Mathuradas v/s CIT, [2002] 254 ITR 799 (SC); and 5. DCIT v/s Messee Dusseldorf India (P) Ltd., [2010] 129 TTJ (Del.) (UO) 81. 5. The Assessing Officer, however, considering the submissions of the assessee and the above case laws, held that the aforesaid case l…

ACIT 14 (1)(2), MUMBAI, MUMBAI vs. SHRIRAM CHITS MAHARASTRA LIMITED, MUMBAI

In the result, the appeal of the Revenue is dismissed

ITA 66/MUM/2024[2017-18]Status: DisposedITAT Mumbai03 Jun 2024AY 2017-18

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2017-18

For Appellant: Mr. Raghav MenonFor Respondent: Mr. Ashok Kumar Ambastha, Sr. DR
Section 37(1)

…tates that the said judgment of the Full Bench has been states that the said judgment of the Full Bench has been reversed by the larger Bench of the High Court in Triveni reversed by the larger Bench of the High Court in Triveni Engg. Works Ltd. v. CIT [1983] 144 ITR 732 (All.) (FB), Engg. Works Ltd. v. CIT [1983] 144 ITR 732 (All.) (FB), wherein it has been held that interest on arrears of tax is has been held that interest on arrears of tax is compensatory in nature and not penal. This question has compensatory in nature and not penal. This question has also been considered by this Court in Civil Appeal No. 830…

DY. COMMISSIONER OF INCOME TAX, CC-4(2), CENTRAL RANGE-4, MUMBAI vs. M/S NEEV INFRASTRUCTURE PVT LTD, MUMBAI

ITA 1537/MUM/2023[2015-16]Status: DisposedITAT Mumbai26 Feb 2024AY 2015-16

Bench: Shri Aby T Varkey & Shri Gagan Goyal

For Appellant: Shri Ashok Kumar Ambastha, Ld. DRFor Respondent: Shri Rahul Hakani, Ld. AR
Section 143(3)Section 14ASection 250Section 37(1)

…a Sugar Mills (P.) Ltd. v. CIT [1979] 116 ITR 387 (All.) The learned counsel appearing for the appellant-assessee states that the said judgment of the Full Bench has been reversed by the larger Bench of the High Court in Triveni Engg. Works Ltd. v. CIT [1983] 144 ITR 732 (All.) (FB), wherein it has been held that interest on arrears of tax is compensatory in nature and not penal. This question has also been considered by this Court in Civil Appeal No. 830 of 1979 titled Saraya Sugar Mills (P.) Ltd. v. CIT decided on 29-2-1996. In that view of the matter, the appeal is allowed and question Nos. 1 and 2 are answere…

THE DCIT CIRCLE 5(1), BHOPAL vs. M/S L N MALVIYA INFRA PROJECTS P LTD, BHOPAL

In the result, appeal of the revenue is partly allowed

ITA 189/IND/2023[2021-2022]Status: DisposedITAT Indore09 Jan 2024AY 2021-2022

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanidcit, Circle 5(1) M/S. L.N. Malviya Infra Projects Bhopal Pvt. Ltd. Plot No.29, F/F Sector, Dwarka Vs. New Delhi

Section 234ASection 3(3)Section 37(1)

…Sugar Mills (P.) Ltd. v. CIT [1979] 116 ITR 387 (All.) The learned counsel appearing for the appellant- assessee states that the said judgment of the Full Bench has been reversed by the larger Bench of the High Court in Triveni Engg. Works Ltd. v. CIT [1983] 144 ITR 732 (All.) (FB), wherein it has been held that interest on arrears of tax is compensatory in nature and not penal. This question has also been considered by this Court in Civil Appeal No. 830 of 1979 titled Saraya Sugar Mills (P.) Ltd. v. CIT decided on 29-2-1996. In that view of the matter, the appeal is allowed and question Nos. 1 and 2 are answere…

AIR INDIA LTD,MUMBAI vs. DCIT 5(1), MUMBAI

In the result, the appeals filed by the assessee are partly allowed for statistical purposes and the appeals filed by the revenue are dismissed

ITA 4467/MUM/2018[2010-11]Status: DisposedITAT Mumbai13 Dec 2022AY 2010-11

Bench: Shri Baskaran Br, Accountat Member & Shri Pavan Kumar Gadaleita No. 4467, 4518 & 4544/Mum/2018 (A.Y: 2010-11, 2011-12 & 2012-13)

For Appellant: Shri Madhur Agrawal.ARFor Respondent: Smt Sailaja Rai, CIT DR
Section 143(2)Section 14ASection 250Section 44A

…a Sugar Mills (P.) Ltd. v. CIT [1979] 116 ITR 387 (All.) The learned counsel appearing for the appellant-assessee states that the said judgment of the Full Bench has been reversed by the larger Bench of the High Court in Triveni Engg. Works Ltd. v. CIT [1983] 144 ITR 732 (All.) (FB), wherein it has been held that interest on arrears of tax is compensatory in nature and not penal. This question has also been considered by this Court in Civil Appeal No. 830 of 1979 titled Saraya Sugar Mills (P.) Ltd. v. CIT decided on 29-2-1996. In that view of the matter, the appeal is allowed and question Nos. 1 and 2 are answere…

AIR INDIA LTD,MUMBAI vs. DCIT 5(1)(1), MUMBAI

In the result, the appeals filed by the assessee are partly allowed for statistical purposes and the appeals filed by the revenue are dismissed

ITA 4544/MUM/2018[2012-13]Status: DisposedITAT Mumbai07 Dec 2022AY 2012-13

Bench: Shri Baskaran Br, Accountat Member & Shri Pavan Kumar Gadaleita No. 4467, 4518 & 4544/Mum/2018 (A.Y: 2010-11, 2011-12 & 2012-13)

For Appellant: Shri Madhur Agrawal.ARFor Respondent: Smt Sailaja Rai, CIT DR
Section 143(2)Section 14ASection 250Section 44A

…a Sugar Mills (P.) Ltd. v. CIT [1979] 116 ITR 387 (All.) The learned counsel appearing for the appellant-assessee states that the said judgment of the Full Bench has been reversed by the larger Bench of the High Court in Triveni Engg. Works Ltd. v. CIT [1983] 144 ITR 732 (All.) (FB), wherein it has been held that interest on arrears of tax is compensatory in nature and not penal. This question has also been considered by this Court in Civil Appeal No. 830 of 1979 titled Saraya Sugar Mills (P.) Ltd. v. CIT decided on 29-2-1996. In that view of the matter, the appeal is allowed and question Nos. 1 and 2 are answere…

AIR INDIA LTD,MUMBAI vs. DCIT 5(1), MUMBAI

In the result, the appeals filed by the assessee are partly allowed for statistical purposes and the appeals filed by the revenue are dismissed

ITA 4518/MUM/2018[2011-12]Status: DisposedITAT Mumbai07 Dec 2022AY 2011-12

Bench: Shri Baskaran Br, Accountat Member & Shri Pavan Kumar Gadaleita No. 4467, 4518 & 4544/Mum/2018 (A.Y: 2010-11, 2011-12 & 2012-13)

For Appellant: Shri Madhur Agrawal.ARFor Respondent: Smt Sailaja Rai, CIT DR
Section 143(2)Section 14ASection 250Section 44A

…a Sugar Mills (P.) Ltd. v. CIT [1979] 116 ITR 387 (All.) The learned counsel appearing for the appellant-assessee states that the said judgment of the Full Bench has been reversed by the larger Bench of the High Court in Triveni Engg. Works Ltd. v. CIT [1983] 144 ITR 732 (All.) (FB), wherein it has been held that interest on arrears of tax is compensatory in nature and not penal. This question has also been considered by this Court in Civil Appeal No. 830 of 1979 titled Saraya Sugar Mills (P.) Ltd. v. CIT decided on 29-2-1996. In that view of the matter, the appeal is allowed and question Nos. 1 and 2 are answere…

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