“domestic company”

Chapter I - PreliminarySection 2 - DefinitionsSection 2(22A) / ITR-6540 judgments

The decision most relied on for domestic company is CIT v. ITC Ltd. (236 Taxmann 612), cited in 108 judgments on BharatTax.

Leading authorities on domestic company

CIT v. ITC Ltd.

236 Taxmann 612 · 2016 · High Court

108

citing judgments

When computing deduction under Section 80IA, specifically for inter-unit transfer of power, the benefit cannot be claimed based on rates chargeable by distribution licensees to consumers. The deduction must be computed based on the rate fixed by the Tariff Regulation Commission for sale by electricity generating companies.

Sky High Appeal XLIII Leasing Company Ltd. v. ACIT

177 Taxmann.com 579 · ITAT

citing judgments

The Multilateral Instrument (MLI) does not become legally enforceable under domestic law without a specific notification under section 90(1) of the Income Tax Act, 1961, for each affected Double Taxation Avoidance Agreement (DTAA).

Commissioner of Income Tax v. Gujarat Alkalies Chemicals Limited

395 ITR 247 · 2017 · High Court

citing judgments

Deduction under Section 80IA is allowable for captive power generation. The price for calculating this deduction is the rate at which the electricity board supplies power to its consumers, rather than the rate at which power generating companies supply to the electricity board.

Union of India v. Tata Tea Co Ltd.

398 ITR 260 · 2017 · Supreme Court

citing judgments

Dividend Distribution Tax (DDT) is a tax on the profits of the domestic company, not on the shareholder. The Supreme Court's decision in Tata Tea Co. Ltd. did not address the precise nature of DDT as a tax on the company versus the shareholder.

Skoda Auto India (P) Ltd. v. ACIT, Aurangabad

30 SOT 319 · 2009 · ITAT

citing judgments

The Tribunal may allow adjustments for differences between the tested party and comparable companies to eliminate material differences, provided accurate and credible evidence is furnished.

SwissRe Global Business Solutions India (P.) Ltd. v. Dy. CIT

116 Taxmann.com 716 · 2020 · Reported

citing judgments

Working capital adjustment is an accepted adjustment provided for better comparability in transfer pricing. The Tribunal has held that working capital adjustment is necessary for better comparability.

ITO v. Strides Arcolab Ltd.

24 Taxmann.com 89 · 2012 · ITAT

citing judgments

Disallowance under section 14A is applicable to investments made in shares of domestic companies but not foreign companies.

Bank of Tokyo Mitsubishi Bank Ltd. v. CIT

108 Taxmann.com 242 · 2019 · High Court

citing judgments

A non-domestic company's Permanent Establishment (PE) in India cannot be taxed at a rate higher than that applicable to a domestic company carrying out the same activities, even considering retrospective amendments to tax treaties.

Judgments citing domestic company

Vashishtha Luxury Fashion Limited, Mumbai vs. Deputy Director of Income-Tax, Centralised Processing Center, Bengaluru

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

ITA 1665/MUM/2025[2023-24]Status: DisposedITAT Mumbai12 Jan 2026AY 2023-24

Bench: SHRI OM PRAKASH KANT (Accountant Member), MS. KAVITHA RAJAGOPAL (Judicial Member)

For Appellant: Shri Manish Agarwal(virtually appeared)For Respondent: Shri Annavaram Kosuri, Sr. DR

Section 115BSection 119(2)(b)Section 139(1)Section 139(4)Section 143(1)Section 143(1)(a)Section 250

pertinent to peruse the provision of the Act which is cited herein under for ease of reference: Tax on income of certain domestic companies. 115BAA. (1) Notwithstanding anything contained in this Act but subject to the provisions of this Chapter, other than those mentioned under section 115BA and section 115BAB ... income-tax payable in respect of the total income of a person, being a domestic company, for any previous year relevant to the assessment year beginning on or after the 1st day of April, 2020, shall, at the option of such person, be computed at the rate of twenty

Deputy Commissioner of Income-Tax, Madurai vs. Sri Jayajothi and Company Private Limited, Rajapalayam

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

ITA 2131/CHNY/2025[2014-15]Status: DisposedITAT Chennai08 Jan 2026AY 2014-15

Bench: Shri Aby T Varkey & Shri S. R. Raghunatha

For Appellant: Ms. R. Anitha, Addl. CITFor Respondent: Shri. V. Srikrishnan, CA

Section 143(1)(a)Section 143(3)Section 263

that of the Assessing Officer be restored. 3. The brief facts of the case emanating from the records that the assessee is a domestic company engaged in the manufacture and sale of cotton yarn. The assessee filed its return of income for the A.Y.2014-15 on 22.09.2014, declaring a loss

Assistant Commissioner of Income Tax, Delhi vs. Trimaster Private Limited, Delhi

In the result, the appeal of the Revenue is allowed for statistical purposes and Cross Objection of the assessee is dismissed as withdrawn

ITA 955/DEL/2025[2021-22]Status: DisposedITAT Delhi07 Jan 2026AY 2021-22

Bench: Shri Satbeer Singh Godara & Shri Amitabh Shukla, Accountnat Member [Assessment Year: 2021-22 Assistant Commissioner Of Trimaster Private Limited, Income Tax, Room No.192A, 222, Okhla Industrial Estate, First Floor, C.R. Building, Ito, Vs New Delhi-110020 Delhi-110002 Pan-Aaacn0138P Assessee Revenue Cross Objection No.119/Del/2025 (Arising Out Of Ita No.955/Del/2025 ) [Assessment Year: 2021-22 Trimaster Private Limited, Assistant Commissioner Of Income 222, Okhla Industrial Estate, Tax, Room No.192A, First Floor, New Delhi-110020 Vs C.R. Building, Ito, Delhi-110002 Pan-Aaacn0138P Assessee Revenue Assessee By Shri Nitini Kumar Sharma, Ca Revenue By Ms. Ankush Kalra, Sr. Dr Date Of Hearing 05.01.2026 Date Of Pronouncement 07.01.2026

Section 10ASection 115BSection 143(3)Section 32Section 32ASection 33ASection 35Section 35ASection 35C

this regard the relevant provisions of the Income Tax Act, 1961(“Act”) is reproduced below: Section 115BAA : Tax on income of certain domestic companies. Quote (1) Notwithstanding anything contained in this Act but subject to the provisions of this Chapter, other than those mentioned under section 115BA and section 115BAB ... income-tax payable in respect of the total income of a person, being a domestic company, for any previous year relevant to the assessment year beginning on or after the 1st day of April, 2020, shall, at the option of such person, be computed at the rate of twenty

Spectris Technologies Pvt. Ltd., Gurgaon vs. ITO, New Delhi

In the result, this appeal is partly allowed

ITA 3742/DEL/2015[2009-10]Status: DisposedITAT Delhi07 Jan 2026AY 2009-10

Bench: Shriyogesh Kumar Us & Shrisanjay Awasthiआ.अ.सं/.I.T.A No.3742/Del/2015 िनधा"रणवष"/Assessment Year: 2009-10 बनाम Spectris Technologies P. Ltd. Income Tax Officer, 201-B, Second Floor, Vs. Ward-9(1), Park Centra, Sector-30, New Delhi. Gurgaon. Pan No.Aagcs6654R अपीलाथ" Appellant ""यथ"/Respondent

Section 250Section 92

case, evidently, there are broadly two issues for adjudication which have been continuing controversies over the past several assessment years. The assessee is a domestic company and is in the business of supplying equipment and products related to material analysis. The assessee also provides installation and commissioning services, followed ... relevant portions from the written submissions with regard to the TP issues may be extracted for record and reference: - 5 “1. Appellant is a domestic company and is engaged in the business of supplying equipment and products relating to material analysis. It also provides installation and commissioning services and after

Satara Engineering Projects and Equipments Private Limited, Satara vs. Deputy Commissioner of Income Tax, Circle, Satara

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

ITA 2450/PUN/2025[2024-25]Status: DisposedITAT Pune06 Jan 2026AY 2024-25

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2450/Pun/2025 Assessment Year : 2024-25

For Appellant: Shri Ashwani Kumar &For Respondent: Shri Ganesh B. Budruk

Section 115BSection 139(1)Section 143(1)Section 250

direct bearing on the issue in the instant appeal and the same is reproduced below : “Tax on income of new manufacturing domestic companies. 115BAB. (1) Notwithstanding anything contained in this Act but subject to the provisions of this Chapter, other than those mentioned under section 115BA and section 115BAA ... income-tax payable in respect of the total income of a person, being a domestic company, for any previous year relevant to the assessment year beginning on or after the 1st day of April, 2020, shall, at the option of such person, be computed at the rate of fifteen

Viraj Solar Maharashtra Private Limited, Andheri East West Flyovermumba vs. ITO 8(3)(1), Mumbai, Aayakar Bhawan

In the result, the appeal being ITA No

ITA 5525/MUM/2024[2021-22]Status: DisposedITAT Mumbai05 Jan 2026AY 2021-22

Bench: Shri Pawan Singh & Shri Girish Agrawal(Physical Hearing) Viraj Solar Maharashtra Private Limited Ito, 8(3)(1), Mumbai 406, Hubtown Solaris, N.S. Phadke Marg, Vs Aayakar Bhawan, Mumbai, Andheri East West Flyover, Mumbai, Maharashtra. Maharashtra-400069. [Pan:Aadvc 4415 A] Appellant / Assessee Respondent / Revenue

Section 144C(13)Section 254(1)Section 270A

provision of section 115BAB, tax payable in respect of the total income of a person being a domestic company shall, at the option of such person, be computed @ 15%. Further he submitted that as per the First Proviso if there is any other income unconnected with the main activities ... this year and even the provision of section 115BAB is a provision for availingconcessional rate on the income earned in new manufacturing in the domestic companies. We observe that when there is no profit earned by the assessee, there is no provision or question to levy concessional tax rate

Kasiviswanathan Medical Agencies Pvt. Ltd., Madurai vs. DCIT, Corproate Circle-1, Madurai

In the result, the appeal of the assessee is allowed

ITA 1989/CHNY/2025[2017-18]Status: DisposedITAT Chennai02 Jan 2026AY 2017-18

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Jagadishआयकर अपीलसं/.Ita No.: 1989/Chny/2025 िनधा"रण वष" / Assessment Year: 2017-18 Kasiviswanathan Medical The Deputy Commissioner Of Agencies Pvt. Ltd., V. Income Tax, Kuvarpalayam Road, Corporate Circle – 1, East Veli Street, Madurai. Madurai – 625 009. [Pan: Aafck-4486-L] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से /Appellant By : Shri Y. Sridhar, Ca : Ms. R. Anitha, Addl.Cit ""यथ" क" ओर से/Respondent By सुनवाईकी तारीख/Date Of Hearing : 07.10.2025 घोषणा की तारीख/Date Of Pronouncement : 02.01.2026 आदेश/ O R D E R

For Appellant: Shri Y. Sridhar, CA

Section 133(6)Section 142(1)Section 143(2)Section 250Section 68

hearing, the appellant prays that the appeal be allowed. 3. Brief facts are that the assessee is M/s. Kasiviswanathan Medical Agencies Pvt. Ltd., a domestic company, filed its original income-tax return for Assessment Year (A.Y.) 2017-18 on 24.10.2017, declaring a total income of Rs.1

Mitsui Kinzoku Components Pvt Ltd, Rewari vs. Income Tax Officer, ITO Ward Two

In the result, appeal of the assessee is allowed

ITA 3912/DEL/2024[2013-14]Status: DisposedITAT Delhi31 Dec 2025AY 2013-14

Bench: Shri Vikas Awasthy & Shri Brajesh Kumar Singh

Section 115Section 143(3)Section 237Section 239

India Pvt. Ltd(ITA NO.6997/MUM/2019) dated 20/04/2023. The question for consideration before Special Bench was "Where dividend is declared, distributed or paid by a domestic company to a non-resident shareholder(s), which attracts additional income-tax (tax on distributed profits) referred to in section 115-0 of the Income ... short 'the Act'), whether such additional income-tax payable by the domestic company shall be at the rate mentioned in Section 115-0 of the Act or the rate of tax applicable to the non-resident shareholder(s) with reference to such dividend income” The Hon'ble Special Bench after

Mitsui Kinzoku Components Pvt Ltd, Rewari vs. Income Tax Officer, ITO Ward Two

In the result, appeal of the assessee is allowed

ITA 3911/DEL/2024[2012-13]Status: DisposedITAT Delhi31 Dec 2025AY 2012-13

Bench: Shri Vikas Awasthy & Shri Brajesh Kumar Singh

Section 115Section 143(3)Section 237Section 239

Mitsui Kinzoku Components India Pvt Ltd, Rewari vs. Income Tax Officer, ITO Ward Two

In the result, appeal of the assessee is allowed

ITA 3910/DEL/2024[2011-12]Status: DisposedITAT Delhi31 Dec 2025AY 2011-12

Bench: Shri Vikas Awasthy & Shri Brajesh Kumar Singh

Section 115Section 143(3)Section 237Section 239

Dy. Commissioner of Income Tax, Central Circle-3(3), Mumbai vs. Kalpataru Projects International Limited, Gujarat

In the result, the appeals by the assessee for the assessment years

ITA 6112/MUM/2025[2013-14]Status: DisposedITAT Mumbai24 Dec 2025AY 2013-14

Bench: Shri Om Prakash Kantshri Sandeep Singh Karhail

For Appellant: Shri Vijay MehtaFor Respondent: Shri Ritesh Misra, CIT-DR

Section 147Section 148Section 250Section 37(1)

deletion of a similar disallowance, all these grounds are considered together. 6. The brief facts of the case are that the assessee is a domestic company engaged in the business of manufacturing of power transmission line towers and steels structures, Biomass based power generation plant, developing infrastructure facilities and construction

Kalpataru Projects International Ltd, Mumbai vs. DCIT, CC-3(3), Mumbai

In the result, the appeals by the assessee for the assessment years

ITA 5965/MUM/2025[2013-14]Status: DisposedITAT Mumbai24 Dec 2025AY 2013-14

Bench: Shri Om Prakash Kantshri Sandeep Singh Karhail

For Appellant: Shri Vijay MehtaFor Respondent: Shri Ritesh Misra, CIT-DR

Section 147Section 148Section 250Section 37(1)

Kalpataru Projects International Ltd, Mumbai vs. DCIT, CC-3(3), Mumbai

In the result, the appeals by the assessee for the assessment years

ITA 5964/MUM/2025[2014-15]Status: DisposedITAT Mumbai24 Dec 2025AY 2014-15

Bench: Shri Om Prakash Kantshri Sandeep Singh Karhail

For Appellant: Shri Vijay MehtaFor Respondent: Shri Ritesh Misra, CIT-DR

Section 147Section 148Section 250Section 37(1)

Kalpataru Projects International Ltd, Mumbai vs. DCIT, CC-3(3), Mumbai

In the result, the appeals by the assessee for the assessment years

ITA 5963/MUM/2025[2015-16]Status: DisposedITAT Mumbai24 Dec 2025AY 2015-16

Bench: Shri Om Prakash Kantshri Sandeep Singh Karhail

For Appellant: Shri Vijay MehtaFor Respondent: Shri Ritesh Misra, CIT-DR

Section 147Section 148Section 250Section 37(1)

Kalpataru Projects International Ltd, Mumbai vs. DCIT, CC-3(3), Mumbai

In the result, the appeals by the assessee for the assessment years

ITA 5962/MUM/2025[2017-18]Status: DisposedITAT Mumbai24 Dec 2025AY 2017-18

Bench: Shri Om Prakash Kantshri Sandeep Singh Karhail

For Appellant: Shri Vijay MehtaFor Respondent: Shri Ritesh Misra, CIT-DR

Section 147Section 148Section 250Section 37(1)

R. M. Commercial Pvt. Ltd., (Earlier Known As Citrine Merchants Private Limited), Kolkata vs. DCIT, Circle 5(1), Kolkata

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

ITA 2114/KOL/2025[2017-2018]Status: DisposedITAT Kolkata17 Dec 2025AY 2017-2018

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2017-18 R. M Commercial Pvt. Ltd (Citrine Merchants Pvt. Ltd.).……..………………….……….……….……Appellant 113, Netaji Subhash Road, 2Nd Floor, Dalhousie, Kolkata - 1. [Pan: Aabcc3113A] Vs. Dcit, Circle-5(1), Kolkata………….…………………….....……...…..…..Respondent Appearances By: Shri Manoj Kataruka, Adv., Appeared On Behalf Of The Appellant. Shri S B Chakraborthy, Addl. Cit-Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 19, 2025 Date Of Pronouncing The Order : December 17, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 11.09.2025 Of The Addl/Jcit(A), Panaji [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2017–18. 2. Brief Facts Of The Case Are That The Assessee Is A Domestic Company & Had Filed Its E-Return For Ay 2017-18 On 26-10-2017 Declaring A Total Income Of Rs.2,68,77,750/-. The Case Was Selected For Complete Scrutiny Assessment Under Cass & Notices Were Issued U/S 143(2) & 142(1) Of The Act, Against Which The Assessee Filed All The Details Along With Books Of Accounts. The Assessing Officer Completed The Assessment Of The Assessee U/S 143(3) Vide Order Dated 18-12-2019 On A Total Income Of Rs.2,79,27,779/- By Making An Addition Of Rs.10,50,029/- U/S 14A R.W.R 8D. R. M Commercial Pvt. Ltd 3. Being Aggrieved By The Said Order, The Assessee Filed An Appeal Before The Ld. Cit(A) & The Ld. Cit(A) Confirmed The Order Of The Assessing Officer.

Section 143(2)Section 143(3)Section 14ASection 250

hereinafter referred to as “the Act”) for the assessment year 2017–18. 2. Brief facts of the case are that the assessee is a domestic company and had filed its e-return for AY 2017-18 on 26-10-2017 declaring a total income of Rs.2 ... Upon hearing the submissions of the counsels of the respective parties, we have perused the records. We find that the assessee is a domestic company and had filed its e-return for A.Y 2017-18 declaring a total income of Rs.2,68,77,750/- and the Assessing Officer completed

Basant Properties Limited, Kolkata vs. A.C.I.T., Circle - 5(1), Kolkata

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

ITA 1765/KOL/2025[2017-2018]Status: DisposedITAT Kolkata17 Dec 2025AY 2017-2018

Bench: Shri Rajesh Kumar (Accountant Member), Shri Pradip Kumar Choubey (Judicial Member)

Section 14ASection 250

hereinafter referred to as “the Act”) for the assessment year 2017–18. 2. Brief facts of the case are that the assessee is a domestic company and filed its return of income for the assessment year 2017-18 electronically on 28.10.2017 declaring loss of Rs. 18,89,620/-. The said

ACIT, Mumbai vs. Reliance Power Ltd, Mumbai

ITA 3989/MUM/2025[2016-17]Status: DisposedITAT Mumbai17 Dec 2025AY 2016-17

Bench: Shri Amit Shukla, Jm & Shri Arun Khodpia, Am Acit-15(3)(1), Aayakar Bhavan, Room No. 460, 4Th Floor, M.K. Road, Mumbai-400020. Vs. Revenue-अपीलार्थी / Appellant Assessee By Revenue By Date Of Hearing Date Of Pronouncement

Section 115JSection 14Section 143(3)Section 14ASection 37(1)

total value of the investment is only Rs.14,892 crores which included the average of investment in equity and preference shares of the domestic company along with the value of dividend on mutual funds. On appraisal of above figures, it is clear that the assessee has more interest free funds ... reserves and surplus were more than the total value of investments which included the average of investment in equity and preference shares of the domestic company along with the value of dividend mutual funds etc. Thus, in appellant's own case, with respect to the same issue on similar facts

Spectris Technologies Pvt. Ltd., Gurgaon vs. ACIT, New Delhi

In the result, the appeal of the assessee is allowed for statistical purpose with above observations

ITA 3563/DEL/2014[2008-09]Status: DisposedITAT Delhi17 Dec 2025AY 2008-09

Bench: Shri C.N. Prasad & Shri Naveen Chandra[Assessment Year: 2008-09] Spectris Technologies Pvt. Vs. Acit Ltd., 201-B, Second Floor, New Delhi Park Centra, Sector -30 Gurgaon Pan No. Aagcs6654R Appellant Respondent Assessee By Sh. Tarandeep Singh, Advocate Revenue By Ms. Priya Goel, Sr. Dr Date Of Hearing 10.10.2025 Date Of Pronouncement 17.12.2025 Order Per C.N. Prasad, Jm, This Appeal Is Filed By The Assessee Against The Order Of The Ld.Commissioner Of Income Tax (Appeals) -20, New Delhi Vide Order Dated 27.03.2014 For The A.Y. 2008-09. The Assessee Has Raised Following Grounds :- 1. That On The Facts & Circumstances Of The Case & In Law, The Order Passed By The Ld. Commissioner Of Income-Tax (Appeals)-Xx, New Delhi ("Cit(A)") Is Bad In Law.

Section 234BSection 92Section 92C

aspect can be factually verified by the TPO. The Ld. Counsel for the assessee also made brief submissions as under :- “1. Appellant is a domestic company and is engaged in the business of supplying equipment and products relating to material analysis. It also provides installation and commissioning services and after

Sharus Steel Products Private Limited, Mumbai vs. ITO, Ward 2(3)(1), Mumbai

In the result, the appeal of the assessee is allowed for In the result, the appeal of the assessee is allowed for In the result, the appeal of the assessee is allowed for statistical purposes

ITA 4903/MUM/2025[2024-25]Status: DisposedITAT Mumbai15 Dec 2025AY 2024-25

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan () Assessment Year: 2024-25

For Respondent: Mr. Dharmesh Shah/

Section 115BSection 115JSection 143(1)Section 250

115BAA is directory in nature and rate u/s. 115BAA is directory in nature and not mandatory. mandatory. 2. Briefly stated, the assessee is a domestic company engaged in Briefly stated, the assessee is a domestic company engaged in Briefly stated, the assessee is a domestic company engaged in the manufacture