Turner Morrison and Co. Ltd. v. Hungerford 33 Special Bench

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

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.

…unknown to tax jurisprudence, both in domestic law as well as in the international law. The ld. DR placed reliance on the decision in the case of Turner Morrison and Co. Ltd. vs. Hungerford 33 Special Bench - Total Oil India Pvt. Ltd. Investment Trust Ltd. 85 ITR 607 (SC) to support his contentions that tax u/s 115-O of the Act is a tax that is statutorily levied on the company on its profits wherein both the statutory levy and the statutory incident is on the company. Hence, in respect of tax paid on distributed profits u/s 115-O of the Act, the assessee can have no claim against Revenue for refund as the lia…

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

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.

…unknown to tax jurisprudence, both in domestic law as well as in the international law. The ld. DR placed reliance on the decision in the case of Turner Morrison and Co. Ltd. vs. Hungerford 33 Special Bench - Total Oil India Pvt. Ltd. Investment Trust Ltd. 85 ITR 607 (SC) to support his contentions that tax u/s 115-O of the Act is a tax that is statutorily levied on the company on its profits wherein both the statutory levy and the statutory incident is on the company. Hence, in respect of tax paid on distributed profits u/s 115-O of the Act, the assessee can have no claim against Revenue for refund as the lia…

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

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.

…unknown to tax jurisprudence, both in domestic law as well as in the international law. The ld. DR placed reliance on the decision in the case of Turner Morrison and Co. Ltd. vs. Hungerford 33 Special Bench - Total Oil India Pvt. Ltd. Investment Trust Ltd. 85 ITR 607 (SC) to support his contentions that tax u/s 115-O of the Act is a tax that is statutorily levied on the company on its profits wherein both the statutory levy and the statutory incident is on the company. Hence, in respect of tax paid on distributed profits u/s 115-O of the Act, the assessee can have no claim against Revenue for refund as the lia…

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

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.

…unknown to tax jurisprudence, both in domestic law as well as in the international law. The ld. DR placed reliance on the decision in the case of Turner Morrison and Co. Ltd. vs. Hungerford 33 Special Bench - Total Oil India Pvt. Ltd. Investment Trust Ltd. 85 ITR 607 (SC) to support his contentions that tax u/s 115-O of the Act is a tax that is statutorily levied on the company on its profits wherein both the statutory levy and the statutory incident is on the company. Hence, in respect of tax paid on distributed profits u/s 115-O of the Act, the assessee can have no claim against Revenue for refund as the lia…

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

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.

…unknown to tax jurisprudence, both in domestic law as well as in the international law. The ld. DR placed reliance on the decision in the case of Turner Morrison and Co. Ltd. vs. Hungerford 33 Special Bench - Total Oil India Pvt. Ltd. Investment Trust Ltd. 85 ITR 607 (SC) to support his contentions that tax u/s 115-O of the Act is a tax that is statutorily levied on the company on its profits wherein both the statutory levy and the statutory incident is on the company. Hence, in respect of tax paid on distributed profits u/s 115-O of the Act, the assessee can have no claim against Revenue for refund as the lia…

Modinagar Rolls Pvt. Ltd., Ghaziabad vs. DCIT, Circle- 1, Ghaziabad

In the result, the appeal of the assessee is allowed

Bench: Shri Kul Bharat[Assessment Year : 2014-15] Modinagar Rolls Pvt.Ltd., Vs Dcit, Major Asha Ram Tyagi Road Circle-1, Ghaziabad. Modinagar, Ghaziabad, Uttar Pradesh. Pan-Aabcm0137C Appellant Respondent Appellant By Shri V. Rajakumar, Adv. Respondent By Shri Om Parkash, Sr.Dr Date Of Hearing 11.08.2022 Date Of Pronouncement 31.08.2022

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “SMC” BENCH: NEW DELHI BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER [Assessment Year : 2014-15] Modinagar Rolls Pvt.Ltd., vs DCIT, Major Asha Ram Tyagi Road Circle-1, Ghaziabad. Modinagar, Ghaziabad, Uttar Pradesh. PAN-AABCM0137C APPELLANT RESPONDENT Appellant by Shri V. Rajakumar, Adv. Respondent by Shri Om Parkash, Sr.DR Date of Hearing 11.08.2022 Date of Pronouncement 31.08.2022 ORDER PER KUL BHARAT, JM : The present appeal filed by the assessee for the assessment year 2014-15 is directed against the order of Ld. CIT(A), Ghaziabad dated 27.10.2017. 2. The assessee has ra…

Navyug Iron Traders, Ghaziabad vs. ACIT, Circle- 2, Ghaziabad

In the result, the appeal filed by the assessee is dismissed

Bench: Sh. R. K. Pandaassessment Year: 2014-15 Navyug Iron Traders, 113/16, Acit Shop No.2, Navyug Market Vs Circle-2 Ghaziabad Ghaziabad Pan Aaafn9536A (Appellant) (Respondent)

…oposition he relied on the decision of Hon’ble Allahabad High Court in the case of Sterling Machine Tools Vs CIT reported 123 ITR 181 and the decision of Hon’ble Supreme Court in the case of Turner Morrison and Co. Ltd vs Hungerford Investment Trust Ltd. (SC) 85 ITR 607. He further noted that the assessee did not bring up the fact that the assessee had not agreed for the said addition during the course of appellate proceedings or in Form 35. He examined the assessment records and relevant extract of order sheet wherein the Assessing Officer had mentioned about the addition which was signed by the AR of the assess…