Voltas Limited v. CIT

207 ITR 47High Court1994#23691 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2023.

Judgments citing Voltas Limited v. CIT

TATA CHEMICALS LTD,MUMBAI vs. ADDL CIAT 2(3), MUMBAI

In the result, appeal filed by the assessee is partly allowed

ITA 120/MUM/2013[2008-09]Status: DisposedITAT Mumbai10 Nov 2023AY 2008-09

Bench: Shri Vikas Awasthy, Hon'Ble & Shri S. Rifaur Rahman, Hon'Ble

Section 144C(5)Section 14ASection 43BSection 80

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “H”, MUMBAI BEFORE SHRI VIKAS AWASTHY, HON'BLE JUDICIAL MEMBER & SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER ITA.NO. 120/MUM/2013 (A.Y: 2008-09) Tata Chemicals Ltd v. ACIT-2(3) 24, HomiMody Street Aayakar Bhavan Bombay House, Fort M.K. Road, Mumbai- 400020 Mumbai- 400001 PAN: AAACT4059M (Appellant) (Respondent) Assessee Represented by : Shri Nitesh Joshi Department Represented by : Shri Rignesh Das Date of Conclusion of Hearing : 21.09.2023 Date of Pronouncement : 10.11.2023 O R D E R PER S. RIFAUR RAHMAN (AM) 1. This appeal is filed by the assessee against…

GATEWAY TERMINALS INDIA P.LTD,NAVI MUMBAI vs. ITO 5(1)(2), MUMBAI

Appeal stands allowed

ITA 3594/MUM/2016[2010-11]Status: DisposedITAT Mumbai16 Mar 2018AY 2010-11

Bench: Shri C.N. Prasad, Jm & Shri Manoj Kumar Aggarwal, Am आिकर अपील सं./I.T.A. No. 3594/Mum/2016 (धििाारण वर्ा / Assessment Year: 2010-11) Gateway Terminals India Private Ltd. Income Tax Officer 5(1)(2) Gti House Aaykar Bhawan बिाम/ Jawaharlal Nehru Port M.K.Road Vs. Sheva, Uran Mumbai – 400 020 Navi Mumbai – 400 707 स्थािी लेखा सं./जीआइआर सं./Pan/Gir No. Aaccg-1899-E (अपीलाथी /Appellant) (प्रत्यथी / Respondent) : Assessee By : Kiran Nisar, Ld. Ar Revenue By : V.Vidhyadhar, Ld. Dr सुनवाई की तारीख / : 14/03/2018 Date Of Hearing घोषणा की तारीख / : 16/03/2018 Date Of Pronouncement

For Appellant: Kiran Nisar, Ld. ARFor Respondent: V.Vidhyadhar, Ld. DR

Section 115JSection 143(3)Section 37(1)

…upheld the stand of revenue in disallowing the expenditure incurred on corporate social responsibility. The relevant portion of the order is extracted below:- Similar view has been taken by Hon’ble Bombay High Court in the case of Voltas Limited v. CIT (1994) 207 ITR 47 (Bom.). The onus lie on the assessee to prove with cogent material to have substantiated its claim that the said expenses is incurred wholly and exclusively for the purposes of business of the assessee as required u/s 37(1) of 1961 as some remote connection with business is not sufficient to claim the expenses as business expenses, which in the in…

GATEWAY TERMINALS INDIA P.LTD,NAVI MUMBAI vs. DCIT 5(1), MUMBAI

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

ITA 3595/MUM/2016[2009-10]Status: DisposedITAT Mumbai06 Apr 2017AY 2009-10

Bench: Shri C.N. Prasad & Shri Ramit Kocharआयकर अपील सं./I.T.A. No. 3595/Mum/2016 ("नधा"रण वष" / Assessment Year : 2009-10) Gateway Terminals India Pvt. Dy. Commissioner Of बनाम/ Ltd., Income Tax, 5(1), V. Gti House, Jawaharlal Nehru Aaykar Bhavan, Port, M.K. Road, Sheva, District Uran, Mumbai. Navi Mumbai – 400 707. "थायी लेखा सं./Pan : Aaccg1899E .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

For Appellant: Shri Kiran NisarFor Respondent: Shri B.S. Bist, DR

Section 115JSection 143(3)

…he purpose of the assessee's business. The answer to question No. 2, therefore, is in the negative, i.e., in favour of the revenue and against the assessee.” Similar view has been taken by Hon’ble Bombay High Court in the case of Voltas Limited v. CIT (1994) 207 ITR 47 (Bom.) . The onus lie on the assessee to prove with cogent material to have substantiated its claim that the said expenses is incurred wholly and exclusively for the purposes of business of the assessee as required u/s 37(1) of 1961 as some remote connection with business is not sufficient to claim the expenses as business expenses, which in the i…