UCO Bank v. CIT

237 ITR 889Supreme Court of India1999#145 most cited

What is UCO Bank v. CIT authority for?

CBDT circulars and instructions, while not binding on courts or assessees, are strictly binding on income-tax departmental authorities, who cannot act in contravention of them.

486

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2010 to 2026.

Also referred to as

UCO Bank v. CIT · 237 ITR 889 · Supreme Court · CBDT circulars binding on department · instructions to tax authorities · section 119 · income tax authorities bound by circulars · contravention of instructions · 143(2) notices · scope of scrutiny

Also reported as

104 Taxmann 547

Sections most often in play

Section 143(3)Section 153A Section 148 Section 132 Section 250 Section 143(2)Section 147 Section 115BBE

Issues it is cited on

section 119(1)installation pe section 5(8)section 119(2)(a)dependent agent pe agency pe service pe functional analysis closely held company section 150 far analysis section 119

Judgments citing UCO Bank v. CIT

DCIT, C-1, (E), Chandigarh vs. M/S Manav Mangal Society, Chandigarh

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

ITA 29/CHANDI/2020[2015-16]Status: DisposedITAT Chandigarh27 May 2021AY 2015-16

For Appellant: Shri Sudhir Sehgal, AdvFor Respondent: Shri Sandeep Dahiya, CIT-DR

…) has discussed the issue for the A.Y. 2014-15 and order in the Board’s Circular No. 387 of CBDT, the exemption cannot be withdrawn even if there is violation of Section 13 of the Act. Reliance was placed on the following case laws: i. UCO bank Vs CIT (1999) 237 ITR 889 (SC) ii. DIT Vs Working Women’s Forum 235 Taxman 516 (SC) It was pointed out that this issue has been settled by the ITAT Chandigarh Bench in ITA No. 266/Chd/2007 for the A.Y. 2003-04 in assessee’s own case vide order dated 22/11/2007, copy of which is placed at page Nos. 224 to 234 of the assessee’s paper book, against the said order, the depar…

DCIT, C-1, (E), Chandigarh vs. M/S Manav Mangal Society, Chandigarh

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

ITA 28/CHANDI/2020[2014-15]Status: DisposedITAT Chandigarh27 May 2021AY 2014-15

For Appellant: Shri Sudhir Sehgal, AdvFor Respondent: Shri Sandeep Dahiya, CIT-DR

…) has discussed the issue for the A.Y. 2014-15 and order in the Board’s Circular No. 387 of CBDT, the exemption cannot be withdrawn even if there is violation of Section 13 of the Act. Reliance was placed on the following case laws: i. UCO bank Vs CIT (1999) 237 ITR 889 (SC) ii. DIT Vs Working Women’s Forum 235 Taxman 516 (SC) It was pointed out that this issue has been settled by the ITAT Chandigarh Bench in ITA No. 266/Chd/2007 for the A.Y. 2003-04 in assessee’s own case vide order dated 22/11/2007, copy of which is placed at page Nos. 224 to 234 of the assessee’s paper book, against the said order, the depar…

DCIT, Circle-1(Exemption), Chandigarh vs. M/S Manav Mangal School( Manav Mangal Society), Chandigarh

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

ITA 27/CHANDI/2020[2013-14]Status: DisposedITAT Chandigarh27 May 2021AY 2013-14

For Appellant: Shri Sudhir Sehgal, AdvFor Respondent: Shri Sandeep Dahiya, CIT-DR

…) has discussed the issue for the A.Y. 2014-15 and order in the Board’s Circular No. 387 of CBDT, the exemption cannot be withdrawn even if there is violation of Section 13 of the Act. Reliance was placed on the following case laws: i. UCO bank Vs CIT (1999) 237 ITR 889 (SC) ii. DIT Vs Working Women’s Forum 235 Taxman 516 (SC) It was pointed out that this issue has been settled by the ITAT Chandigarh Bench in ITA No. 266/Chd/2007 for the A.Y. 2003-04 in assessee’s own case vide order dated 22/11/2007, copy of which is placed at page Nos. 224 to 234 of the assessee’s paper book, against the said order, the depar…

M/S Manav Mangal Society, Chandigarh vs. DCIT, C-1, (E), Chandigarh

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

ITA 2/CHANDI/2020[2010-11]Status: DisposedITAT Chandigarh27 May 2021AY 2010-11

For Appellant: Shri Sudhir Sehgal, AdvFor Respondent: Shri Sandeep Dahiya, CIT-DR

…) has discussed the issue for the A.Y. 2014-15 and order in the Board’s Circular No. 387 of CBDT, the exemption cannot be withdrawn even if there is violation of Section 13 of the Act. Reliance was placed on the following case laws: i. UCO bank Vs CIT (1999) 237 ITR 889 (SC) ii. DIT Vs Working Women’s Forum 235 Taxman 516 (SC) It was pointed out that this issue has been settled by the ITAT Chandigarh Bench in ITA No. 266/Chd/2007 for the A.Y. 2003-04 in assessee’s own case vide order dated 22/11/2007, copy of which is placed at page Nos. 224 to 234 of the assessee’s paper book, against the said order, the depar…

DCIT, C-1, (E), Chandigarh vs. M/S Manav Mangal Society, Chandigarh

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

ITA 137/CHANDI/2020[2011-12]Status: DisposedITAT Chandigarh27 May 2021AY 2011-12

For Appellant: Shri Sudhir Sehgal, AdvFor Respondent: Shri Sandeep Dahiya, CIT-DR

…) has discussed the issue for the A.Y. 2014-15 and order in the Board’s Circular No. 387 of CBDT, the exemption cannot be withdrawn even if there is violation of Section 13 of the Act. Reliance was placed on the following case laws: i. UCO bank Vs CIT (1999) 237 ITR 889 (SC) ii. DIT Vs Working Women’s Forum 235 Taxman 516 (SC) It was pointed out that this issue has been settled by the ITAT Chandigarh Bench in ITA No. 266/Chd/2007 for the A.Y. 2003-04 in assessee’s own case vide order dated 22/11/2007, copy of which is placed at page Nos. 224 to 234 of the assessee’s paper book, against the said order, the depar…

DCIT, C-1, (E), Chandigarh vs. M/S Manav Mangal Society, Chandigarh

In the result, all the appeals of the assessee are allowed and all the appeals of the department are dismissed

ITA 136/CHANDI/2020[2010-11]Status: DisposedITAT Chandigarh27 May 2021AY 2010-11

For Appellant: Shri Sudhir Sehgal, AdvFor Respondent: Shri Sandeep Dahiya, CIT-DR

…) has discussed the issue for the A.Y. 2014-15 and order in the Board’s Circular No. 387 of CBDT, the exemption cannot be withdrawn even if there is violation of Section 13 of the Act. Reliance was placed on the following case laws: i. UCO bank Vs CIT (1999) 237 ITR 889 (SC) ii. DIT Vs Working Women’s Forum 235 Taxman 516 (SC) It was pointed out that this issue has been settled by the ITAT Chandigarh Bench in ITA No. 266/Chd/2007 for the A.Y. 2003-04 in assessee’s own case vide order dated 22/11/2007, copy of which is placed at page Nos. 224 to 234 of the assessee’s paper book, against the said order, the depar…

Ngc Network Asia Llc, Mumbai vs. DCIT (It) RG 3(3)(1), Mumbai

In the result, all the appeals are allowed in the terms indicated above

ITA 528/MUM/2018[2013-14]Status: DisposedITAT Mumbai11 May 2021AY 2013-14

Section 143(3)Section 147

…nue received by the Appellant may be from the customers in India is not liable for tax in India. That CBDT Circulars are binding needs no repetition. If authorities need be cited. We may now refer to the judgment of the Supreme Court in UCO Bank v. CIT [1999] 237 ITR 889. In that judgment the issue was whether Circular of 9-10-1984 was inconsistent or whether there was ITA No. 7994/Mum/2011, ITA No. 5826/Mum/2012 ITA No. 7631/Mum/2012, ITA No. 1254/Mum/2014 ITA No. 2025/Mum/2016, ITA No. 2079/Mum/2017 Assessment Years: 2004-05, 2007-08, 2008-09, 2009-10, 2011-12, 2012-13 & 2013-14 Page 22 of 30 contradiction in…

Ngc Network Asia Llc, Mumbai vs. DCIT (It) RG 3(3)(1), Mumbai

In the result, all the appeals are allowed in the terms indicated above

ITA 2079/MUM/2017[2012-13]Status: DisposedITAT Mumbai11 May 2021AY 2012-13

Section 143(3)Section 147

…nue received by the Appellant may be from the customers in India is not liable for tax in India. That CBDT Circulars are binding needs no repetition. If authorities need be cited. We may now refer to the judgment of the Supreme Court in UCO Bank v. CIT [1999] 237 ITR 889. In that judgment the issue was whether Circular of 9-10-1984 was inconsistent or whether there was ITA No. 7994/Mum/2011, ITA No. 5826/Mum/2012 ITA No. 7631/Mum/2012, ITA No. 1254/Mum/2014 ITA No. 2025/Mum/2016, ITA No. 2079/Mum/2017 Assessment Years: 2004-05, 2007-08, 2008-09, 2009-10, 2011-12, 2012-13 & 2013-14 Page 22 of 30 contradiction in…

Ngc Nework Asia Llc, Mumbai vs. DCIT (It) RG 3(3)(1), Mumbai

In the result, all the appeals are allowed in the terms indicated above

ITA 2025/MUM/2016[2011-12]Status: DisposedITAT Mumbai11 May 2021AY 2011-12

Section 143(3)Section 147

…nue received by the Appellant may be from the customers in India is not liable for tax in India. That CBDT Circulars are binding needs no repetition. If authorities need be cited. We may now refer to the judgment of the Supreme Court in UCO Bank v. CIT [1999] 237 ITR 889. In that judgment the issue was whether Circular of 9-10-1984 was inconsistent or whether there was ITA No. 7994/Mum/2011, ITA No. 5826/Mum/2012 ITA No. 7631/Mum/2012, ITA No. 1254/Mum/2014 ITA No. 2025/Mum/2016, ITA No. 2079/Mum/2017 Assessment Years: 2004-05, 2007-08, 2008-09, 2009-10, 2011-12, 2012-13 & 2013-14 Page 22 of 30 contradiction in…

Ngc Network Asia Llc, Mumbai vs. DDIT (It) RG 4(2), Mumbai

In the result, all the appeals are allowed in the terms indicated above

ITA 1254/MUM/2014[2009-10]Status: DisposedITAT Mumbai11 May 2021AY 2009-10

Section 143(3)Section 147

…nue received by the Appellant may be from the customers in India is not liable for tax in India. That CBDT Circulars are binding needs no repetition. If authorities need be cited. We may now refer to the judgment of the Supreme Court in UCO Bank v. CIT [1999] 237 ITR 889. In that judgment the issue was whether Circular of 9-10-1984 was inconsistent or whether there was ITA No. 7994/Mum/2011, ITA No. 5826/Mum/2012 ITA No. 7631/Mum/2012, ITA No. 1254/Mum/2014 ITA No. 2025/Mum/2016, ITA No. 2079/Mum/2017 Assessment Years: 2004-05, 2007-08, 2008-09, 2009-10, 2011-12, 2012-13 & 2013-14 Page 22 of 30 contradiction in…

The Commissioner of Income-Tax vs. M/S Varun Developers

In the result, the appeal fails and is hereby

ITA/198/2014HC Karnataka08 Feb 2021

Bench: ALOK ARADHE,R. NATARAJ

Section 260Section 260ASection 80I

…1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF FEBRUARY 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY I.T.A. NO.198 OF 2014 BETWEEN: 1. THE COMMISSIONER OF INCOME TAX CENTRAL CIRCLE C.R. BUILDING QUEENS ROAD BANGALORE. 2. THE DEPUTY COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE -1 (1) C.R BUILDING QUEENS ROAD BANGALORE. ... APPELLANTS (BY SRI.K.V. ARAVIND ADV.,) AND: M/S VARUN DEVELOPERS # 41, VITTAL MALLYA ROAD BANGALORE. ... RESPONDENT (BY SRI. A SHANKAR SENIOR FOR SRI. V. CHANDRASEKHAR AND…

The Pr. Commissioner of Income-Tax vs. M/S. Davangere District Central Co-Op Bank Ltd

The appeal is dismissed

ITA/264/2018HC Karnataka05 Feb 2021

Bench: SATISH CHANDRA SHARMA,V SRISHANANDA

Section 260Section 260ASection 36(1)(vii)Section 36(1)(viia)

…orming asset then the assumption is that it is not yielding any revenue and therefore, the question of showing that revenue and paying tax would not arise. In support of aforesaid submissions, reliance has been placed on decisions in 'UCO BANK VS. CIT', 237 ITR 889 SC, 'CIT VS. CANFIN HOMES LTD.', 347 ITR 382 (KAR), CIT VS. THE URBAN CO-OPERATIVE BANK IN ITA NO.471/2013 (KAR), CIT VIS THE URBAN CO-OPERATIVE BANK IN SLP 6 NO.1066/2015 (SC) and 'UCO BANK VS. CIT', 360 ITR 567 (KOL). 7. We have considered the submissions made by learned counsel for the parties and have perused the…

The Commissioner of Income-Tax vs. M/S Davangere District Central Co-Operative Bank

In the result, we do not find any merit in this appeal, the same fails

ITA/136/2015HC Karnataka04 Feb 2021

Bench: SATISH CHANDRA SHARMA,V SRISHANANDA

Section 143(3)Section 145Section 260Section 40Section 43B

…forming asset then the assumption is that it is not yielding any revenue and therefore, the question of showing that revenue and paying tax would not arise. In support of aforesaid submissions, reliance has been placed on decisions in 'UCO BANK VS. CIT', 237 ITR 889 SC, 'CIT VS. CANFIN HOMES LTD.', 347 ITR 382 (KAR), CIT 8 VS. THE URBAN CO-OPERATIVE BANK IN ITA NO.471/2013 (KAR), CIT VIS THE URBAN CO- OPERATIVE BANK IN SLP NO.1066/2015 (SC) and 'UCO BANK VS. CIT', 360 ITR 567 (KOL). 7. We have considered the submissions made by learned counsel for the parties and have perused the record. In the co…

The Pr. Commissioner of Income-Tax vs. M/S. Davangere District Central Co-Op Bank Ltd

In the result, we do not find any merit in this appeal,

ITA/265/2018HC Karnataka04 Feb 2021

Bench: SATISH CHANDRA SHARMA,V SRISHANANDA

Section 143(3)Section 260Section 36(1)(viia)

…g asset then the assumption is that it is not yielding any revenue and therefore, the question of showing that revenue and paying tax would not arise. In support of aforesaid submissions, reliance has been placed on decisions in 'UCO 7 BANK VS. CIT', 237 ITR 889 SC, 'CIT VS. CANFIN HOMES LTD.', 347 ITR 382 (KAR), CIT VS. THE URBAN CO-OPERATIVE BANK IN ITA NO.471/2013 (KAR), CIT VIS THE URBAN CO-OPERATIVE BANK IN SLP NO.1066/2015 (SC) and 'UCO BANK VS. CIT', 360 ITR 567 (KOL). 7. We have considered the submissions made by learned counsel for the parties and have perused the record. In the c…

The DDIT(It)-1(1), Mumbai vs. M/S. Asia Today Ltd (Formerly Winter Heath Ltd), Mumbai

In the result, all the four appeals are dismissed as infructuous and all the four cross objections are allowed

ITA 5042/MUM/2008[2005-2006]Status: HeardITAT Mumbai29 Jan 2021AY 2005-2006

…nue received by the Appellant may be from the customers in India is not liable for tax in India. That CBDT Circulars are binding needs no repetition. If authorities need be cited. We may now refer to the judgment of the Supreme Court in UCO Bank v. CIT [1999] 237 ITR 889. In that judgment the issue was whether Circular of 9-10-1984 was inconsistent or whether there was contradiction in the circular and Section 145 of the Income-tax Act. The Supreme Court observed that :— "... In fact, the circular clarifies the way in which these amounts are to be treated under the accounting practice followed by the lender. The…

The ADIT(It)-1(1), Mumbai vs. M/S. Asia Today Ltd, Mumbai

In the result, all the four appeals are dismissed as infructuous and all the four cross objections are allowed

ITA 1879/MUM/2008[2004-2005]Status: HeardITAT Mumbai29 Jan 2021AY 2004-2005

…nue received by the Appellant may be from the customers in India is not liable for tax in India. That CBDT Circulars are binding needs no repetition. If authorities need be cited. We may now refer to the judgment of the Supreme Court in UCO Bank v. CIT [1999] 237 ITR 889. In that judgment the issue was whether Circular of 9-10-1984 was inconsistent or whether there was contradiction in the circular and Section 145 of the Income-tax Act. The Supreme Court observed that :— "... In fact, the circular clarifies the way in which these amounts are to be treated under the accounting practice followed by the lender. The…

The ADIT(It)-1(1), Mumbai vs. M/S. Asia Today Ltd, Mumbai

In the result, all the four appeals are dismissed as infructuous and all the four cross objections are allowed

ITA 1878/MUM/2008[2002-2003]Status: HeardITAT Mumbai29 Jan 2021AY 2002-2003

…nue received by the Appellant may be from the customers in India is not liable for tax in India. That CBDT Circulars are binding needs no repetition. If authorities need be cited. We may now refer to the judgment of the Supreme Court in UCO Bank v. CIT [1999] 237 ITR 889. In that judgment the issue was whether Circular of 9-10-1984 was inconsistent or whether there was contradiction in the circular and Section 145 of the Income-tax Act. The Supreme Court observed that :— "... In fact, the circular clarifies the way in which these amounts are to be treated under the accounting practice followed by the lender. The…

Addl. CIT, New Delhi vs. M/S. Ircon International Ltd., New Delhi

In the result, the appeal of the Revenue is accordingly dismissed

ITA 3768/DEL/2017[2009-10]Status: DisposedITAT Delhi22 Jan 2021AY 2009-10

Bench: Shri Amit Shukla & Shri O.P. Kant[Through Video Conferencing]

Section 143(3)Section 148

…the matter cannot be also lost sight of. The Board has power to issue circulars under s. 119 of the said Act. It is trite that the circulars which are issued by the CBDT are legally binding on the Revenue [See UCO Bank vs. CIT (1999) 154 CTR (SC) 88 : (1999) 237 ITR 889 (SC)]. Recently in CIT vs. Anjum M.H. Ghaswala & Ors. (2001) 171 CTR (SC) 1 : JT 2001 (9) SC 61, the apex Court following the said decision observed : "It is true that by this press release the Board had interpreted the provisions of the Act in a particular manner. Be that as it may, we would like to make it clear that every clarificatory note o…

M/S Hero Investment Pvt. Ltd., Ludhiana vs. DCIT, Ludhiana

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

ITA 567/CHANDI/2015[2010-11]Status: DisposedITAT Chandigarh30 Nov 2020AY 2010-11

Bench: Shri N.K. Saini & Shri Sanjay Gargआयकर अपील सं./ Ita No. 567/Chd/2015 "नधा"रण वष" / Assessment Year : 2010-11 M/S Hero Investment Pvt. Ltd., The Dcit, बनाम (Now Merged Into M/S Hero Moto Corp Circle V, Ltd.),Hero Nagar, G.T. Road, Ludhiana Ludhiana "थायी लेखा सं./Pan No: Aaach4072N अपीलाथ"/Appellant ""यथ"/Respondent

For Appellant: Shri Subhash Aggarwal, AdvocateFor Respondent: Smt. Meenakhsi Vohra, Addl. CIT

Section 10(38)Section 143(1)Section 14ASection 45(2)

…आयकर अपील"य अ"धकरण,च"डीगढ़ "यायपीठ, “ए “ च"डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, “A”,CHANDIGARH "ी एन. के. सैनी, उपा"य" एवं "ी संजय गग", "या"यक सद"य BEFORE SHRI N.K. SAINI, VICE PRESIDENT & SHRI SANJAY GARG, JUDICIAL MEMBER आयकर अपील सं./ ITA No. 567/CHD/2015 "नधा"रण वष" / Assessment Year : 2010-11 M/s Hero Investment Pvt. Ltd., The DCIT, बनाम (now merged into M/s Hero Moto Corp Circle V, Ltd.),Hero Nagar, G.T. Road, Ludhiana Ludhiana "थायी लेखा सं./PAN NO: AAACH4072N अपीलाथ"/Appellant ""यथ"/Respondent Hearing though video Conferencing "नधा"रती क" ओर से/Assessee by : Shri Subhash Aggarwal,…

DCIT, Circle-2(2), New Delhi vs. Anant Raj Ltd., New Delhi

The appeal is allowed partly as indicated above

ITA 5238/DEL/2017[2012-13]Status: DisposedITAT Delhi27 Nov 2020AY 2012-13

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri Sanjay Goel, CIT-DRFor Respondent: Shri Vinod Kumar Bindal, CA; Ms

Section 143(3)Section 147Section 148Section 50

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A” NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.As. No.4736/DEL/2017 Assessment Years: 2009-2010 M/s. Anant Raj Ltd., vs. Deputy Commissioner of E-2, ARA Centre, Income Tax, Jhandelwalan Extn., Circle-2(2), New Delhi. New Delhi. TAN/PAN: AABCA3972B (Appellant) (Respondent) ITAs No.5237 & 5238/DEL/2017 Assessment Years 2009-10 & 2012-13 Asst. Commissioner of vs. M/s. Anant Raj Ltd., Income Tax, E-2, ARA Centre, Circle-2(2), Jhandelwalan Extn., New Delhi. New Delhi. TAN/PAN: AABCA3972B (Appellant) (Responde…