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“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
85
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
49
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
38
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
26
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
13
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
13
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
12
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

Ledvance Private Limted, Gurgaon vs. DCIT, Circle-2(1), Delhi

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

ITA 540/DEL/2022[2017-18]Status: DisposedITAT Delhi25 Jul 2025AY 2017-18

Bench: SHRI PRAKASH CHAND YADAV (Judicial Member), SHRI MANISH AGARWAL (Accountant Member)

Section 234Section 50BSection 92(3)Section 92C(1)

provisions. It is the contention of the assessee that the assessee has transferred its business as a going concern(Slump sale) to the other domestic company vide agreement dated 13th June, 2016. And hence the AO has erred in referring the matter to the TPO for computing the ALP. Ledvance ... restore this matter to the file of the Assessing Officer with a direction that if the transaction is in fact a transaction between two domestic company, then provisions of transfer pricing would not be applied at all. So far as applicable to domestic transfer pricing provisions is concern, we direct

Jai Barbareek Dev Snacks Private Limited, Durg vs. Income Tax Officer-1(1), Bhilai

In the result, appeal of the assessee in ITA No

ITA 381/RPR/2025[2024-25]Status: DisposedITAT Raipur23 Jul 2025AY 2024-25

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita Nos. 380 & 381/Rpr/2025 "नधा"रण वष" /Assessment Years : 2023-24 & 2024-25 Jai Barbareek Dev Snacks Private Limited Plot No.644, Kumhari, Kumhari S.O, Kandarka, Durg-490 042 (C.G.) Pan: Aafcj6128E .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-1(1), Bhilai (C.G.) ……""यथ" / Respondent

For Appellant: Shri Abhishek Mahawar, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 115BSection 139

Bhilai ITA Nos. 380 & 381/RPR/2025 Thus, the appellant has not opted for taxation under section 115BAB of the I.T. Act (applicable on Domestic Company) and not reported in the column "(e) under filing status" instead the appellant has opted for "none of the above" in the first ITR filed ... pointed out that in the income tax return, they had mentioned in the Column “ Have you opted for taxation under section 115BA/115BAA/115BAB (applicable on Domestic company) and therein the assessee had mentioned “none of the above” mentioning that for the earlier year, they had not made such option. However

Jai Barbareek Dev Snacks Private Limited, Durg vs. Income Tax Officer-1(1), Bhilai

In the result, appeal of the assessee in ITA No

ITA 380/RPR/2025[2023-24]Status: DisposedITAT Raipur23 Jul 2025AY 2023-24

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita Nos. 380 & 381/Rpr/2025 "नधा"रण वष" /Assessment Years : 2023-24 & 2024-25 Jai Barbareek Dev Snacks Private Limited Plot No.644, Kumhari, Kumhari S.O, Kandarka, Durg-490 042 (C.G.) Pan: Aafcj6128E .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-1(1), Bhilai (C.G.) ……""यथ" / Respondent

For Appellant: Shri Abhishek Mahawar, CAFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 115BSection 139

Bhilai ITA Nos. 380 & 381/RPR/2025 Thus, the appellant has not opted for taxation under section 115BAB of the I.T. Act (applicable on Domestic Company) and not reported in the column "(e) under filing status" instead the appellant has opted for "none of the above" in the first ITR filed ... pointed out that in the income tax return, they had mentioned in the Column “ Have you opted for taxation under section 115BA/115BAA/115BAB (applicable on Domestic company) and therein the assessee had mentioned “none of the above” mentioning that for the earlier year, they had not made such option. However

Mantora Oil Products Private Limited, Kanpur vs. JCIT (OSD)/Dy. CIT Central Circle II, Kanpur

In the result, all the appeals of the assessee are dismissed

ITA 657/LKW/2024[2015-16]Status: DisposedITAT Lucknow23 Jul 2025AY 2015-16

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 143(3)Section 148

passed by learned Commissioner of Income Tax [“CIT” for short]. 2. The facts of the case, in brief, are that the assessee is a domestic company and running its business in the nature of manufacturing and sale of refined oil. The return of income for the assessment year

Mantora Oil Products Private Limited, Kanpur vs. JCIT (OSD)/Dy. CIT Central Circle II, Kanpur

In the result, all the appeals of the assessee are dismissed

ITA 656/LKW/2024[2014-15]Status: DisposedITAT Lucknow23 Jul 2025AY 2014-15

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 143(3)Section 148

passed by learned Commissioner of Income Tax [“CIT” for short]. 2. The facts of the case, in brief, are that the assessee is a domestic company and running its business in the nature of manufacturing and sale of refined oil. The return of income for the assessment year

Mantora Oil Products Private Limited, Kanpur vs. JCIT (OSD)/Dy. CIT Central Circle, Kanpur

In the result, all the appeals of the assessee are dismissed

ITA 655/LKW/2024[2013-14]Status: DisposedITAT Lucknow23 Jul 2025AY 2013-14

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 143(3)Section 148

passed by learned Commissioner of Income Tax [“CIT” for short]. 2. The facts of the case, in brief, are that the assessee is a domestic company and running its business in the nature of manufacturing and sale of refined oil. The return of income for the assessment year

ACIT, Circle - 2(1), Kolkata vs. M/S. Bata India Ltd., Kolkata

Appeal is partly allowed and the CO is dismissed

ITA 1844/KOL/2017[2009-10]Status: DisposedITAT Kolkata23 Jul 2025AY 2009-10

Bench: the Hon'ble Income Tax Appellate Tribunal, Kolkata in ITA No. 1844/Kol/2017 for the assessment year 2009-10;

Section 143(3)Section 250Section 43B

Mumbai-Tribunal) (SB), which reads as under: “For the reasons give above, it is held 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, such additional income ... payable by the domestic company shall be at the rate mentioned in section 115-0 and not at the rate of tax applicable to the non-resident shareholder(s) as specified in the relevant DTAA with reference to such dividend income. Thus, wherever the Contracting States to a tax treaty

Atharva Foundries Private Limited, Pune vs. Assistant Comissioner of Income Tax, Circle 1(1), Pune

In the result, the appeal of the assessee is allowed

ITA 113/PUN/2025[2016-17]Status: DisposedITAT Pune17 Jul 2025AY 2016-17

Bench: Shri R.K. Panda & Ms. Astha Chandra

For Appellant: Shri R.C. DoshiFor Respondent: Shri Ramnath P. Murkunde
Section 10(34)Section 143(1)Section 143(2)Section 143(3)Section 14ASection 36(1)(iii)Section 37

grounds of appeal.” 2 ITA No.113/PUN/2025, AY 2016-17 3. Briefly stated, the facts of the case are that the assessee is domestic company in which public is not substantially interested and engaged in the business of manufacturing of automobile and auto parts. For AY 2016-17, the assessee filed

Pramod Lakra Deputy Commissioner of Income Tax, Circle -11(1), Kolkata vs. Nis Management Limited, Kolkata

In the result, both the appeals for AY 2012-13 and AY 2013-14

ITA 189/KOL/2025[2013-14]Status: DisposedITAT Kolkata16 Jul 2025AY 2013-14

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

Section 143(3)Section 148Section 148ASection 250

189/KOL/2025 AYs: 2012-13 & 2013-14 NIS Management Limited. It was stated before the Ld. CIT(A) that the assessee is a domestic company and had provided security services, manpower supply services and cleaning services to its customers/clients all over India, especially in the eastern part of the country

Pramod Lakra Deputy Commissioner of Income Tax, Circle-11(1), Kolkata vs. Nis Management Limited, Kolkata

In the result, both the appeals for AY 2012-13 and AY 2013-14

ITA 188/KOL/2025[2012-13]Status: DisposedITAT Kolkata16 Jul 2025AY 2012-13

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

Section 143(3)Section 148Section 148ASection 250

189/KOL/2025 AYs: 2012-13 & 2013-14 NIS Management Limited. It was stated before the Ld. CIT(A) that the assessee is a domestic company and had provided security services, manpower supply services and cleaning services to its customers/clients all over India, especially in the eastern part of the country

Hdfc Ergo General Insurance Company Limited, Mumbai vs. The Assistant Commissioner of Income Tax, Central Circle 6(2), Mumbai

In the result, the appeal of the assessee in ITA No

ITA 2844/MUM/2025[2018-19]Status: DisposedITAT Mumbai08 Jul 2025AY 2018-19

Bench: Shri Anikesh Banerjee & Smt. Renu Jauhri

For Appellant: Shri Madhur AgarwalFor Respondent: Shri Ritesh Mishra, CIT DR
Section 143(3)Section 144BSection 250

would not apply to the levy of DDT under Section 115-0, unless the contracting states have agreed to extend DTAA benefits to the domestic company distributing dividends. The Tribunal, in that case, ruled that the DTAA is not automatically applicable to DDT unless expressly provided. 15. In the original ... issue and perused the record. The DDT is paid as per the provisions of sec.115-0, which is titled as "Tax on Distributed Profits of Domestic Companies". The assessment order is passed u/s 143(3) of the Act, wherein the assessing officer is required to make assessment of the "total income

Hdfc Ergo General Insurance Company Limited, Mumbai vs. The Assistant Commissioner of Income Tax, Central Circle 6(2), Mumbai

In the result, the appeal of the assessee in ITA No

ITA 2843/MUM/2025[2017-18]Status: DisposedITAT Mumbai08 Jul 2025AY 2017-18

Bench: Shri Anikesh Banerjee & Smt. Renu Jauhri

For Appellant: Shri Madhur AgarwalFor Respondent: Shri Ritesh Mishra, CIT DR
Section 143(3)Section 144BSection 250

would not apply to the levy of DDT under Section 115-0, unless the contracting states have agreed to extend DTAA benefits to the domestic company distributing dividends. The Tribunal, in that case, ruled that the DTAA is not automatically applicable to DDT unless expressly provided. 15. In the original ... issue and perused the record. The DDT is paid as per the provisions of sec.115-0, which is titled as "Tax on Distributed Profits of Domestic Companies". The assessment order is passed u/s 143(3) of the Act, wherein the assessing officer is required to make assessment of the "total income

Mangal Tirth Estate Ltd., Chennai vs. ITO, Corporate Ward-4(1), Chennai

In the result the appeal of the assessee is allowed

ITA 30/CHNY/2025[2020-21]Status: DisposedITAT Chennai07 Jul 2025AY 2020-21

Bench: Shri Manu Kumar Giri & Shri S. R. Raghunathaआयकर अपील सं./Ita No.:30/Chny/2025 िनधा"रण वष" / Assessment Year: 2020-21 Mangal Tirth Estate Ltd., Income Tax Officer, 769, Spencer Plaza, Anna Salai, Vs. Corporate Ward- 4(1), Mount Road, Chennai. Chennai – 600 002. [Pan:Aaacm-4614-R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/Appellant By : Shri. N. V. Balaji, Advocate ""थ" की ओर से/Respondent By : Ms. Anitha, Addl. C.I.T. सुनवाई की तारीख/Date Of Hearing : 14.05.2025 घोषणा की तारीख/Date Of Pronouncement : 07.07.2025 आदेश /O R D E R Per S. R. Raghunatha, Am: This Appeal By The Assessee Is Filed Against The Order Of The Commissioner Of Income Tax, Appeal, Addl/ Jcit (A)-4, Hyderabad, For The Assessment Year 2020-21, Vide Order Dated 07.11.2024. 2. The Brief Facts Of The Case Are That The Assessee Is A Company Filed Its Return Of Income For The A.Y.2020-21 On 17.11.2020 Declaring Total Income Of Rs.11,20,57,920/-. The Return Of Income Was Processed By The Ao, Cpc, Bangalore On 29.12.2021 & Raised A Demand Of Rs.93,79,350/- By Denying The Beneficial Tax Rate As Per Section 115Baa Of The Act & By Applying The Tax Rate Of 30%.

For Appellant: Shri. N. V. Balaji, AdvocateFor Respondent: Ms. Anitha, Addl. C.I.T
Section 115BSection 119(2)(b)Section 154

allowed the appeal of the assessee by reducing the tax rate to 25% as per the First schedule of the Finance Act, 2020 on domestic company :-3-: ITA. No.:30/Chny/2025 (not having opted for 115BBA) for A.Y. 2020-21, if the turnover of the domestic company does not exceed Rs.400 ... chosen the option of concessional rate of tax as per section 115BAA in the ITR – 6 filed on 17.11.2020, which is applicable to domestic company (Page No.19 of the Paper book). Admittedly the assessee could not file the required form 10-IC along with the return of income

Rd Dynamech Infra Private Limited, Vadodara vs. The Deputy Commissioner of Income Tax, Circle 2(1)(1), Vadodara

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

ITA 863/AHD/2025[2020-21]Status: DisposedITAT Ahmedabad30 Jun 2025AY 2020-21

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

Section 115BSection 119(2)(b)Section 139Section 154Section 5

Dynamech Infra Pvt. Ltd. vs. DCIT which was introduced for the purpose of granting benefit of reduced Corporate Tax rate for the domestic companies. The return was processed by CPC however calculated the tax under the normal Tax regime and raised a demand of Rs.1 ... have been filed for Assessment Year 2021-22 within the due date or extended due date and to avoid genuine hardship to the domestic companies in exercising option under section 115BAA of the Act, the CBDT issued Circular No. 19/2023 in exercise of powers conferred under section

Essar Communications Limited, Mauritius vs. ACIT, Circle-1 (2)(2), New Delhi

ITA 340/DEL/2022[2012-13]Status: DisposedITAT Delhi30 Jun 2025AY 2012-13

Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI S. RIFAUR RAHMAN (Accountant Member)

For Appellant: Shri Percy Pardiwala, Sr. AdvocateFor Respondent: Shri N. Venkatraman, ASG
Section 250Section 253Section 6(3)

Regarding application of surcharge Whether the assessee was liable to surcharge at the rate applicable to that on a foreign company or a domestic company. Regarding taxing the interest income and balances written back be added to the total income. Regarding taxing interest received from EPSL Whether the interest received

Vivrn Foods Pvt. Ltd., Raipur vs. Income Tax Officer, Ward-1(2), Raipur

In the result, appeal of the assessee is dismissed

ITA 364/RPR/2025[2024-25]Status: DisposedITAT Raipur25 Jun 2025AY 2024-25

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpiaआयकर अपील सं. / Ita No.364/Rpr/2025 "नधा"रण वष" / Assessment Year : 2024-25 Vivrn Foods Private Limited C/O. Rajkumar Mundra, Village-Sarona, Raipur-492 009 (C.G.) Pan: Aahcv4005G

For Appellant: Shri S.R. Rao, AdvocateFor Respondent: Dr. Priyanka Patel, Sr. DR
Section 115BSection 139Section 139(1)Section 143(1)

than those mentioned under section 115BA and section 115BAA, the 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

Universal Medicap Limited, Vadodara vs. The Dy.CIT, Circle-2(1)(1), Vadodara

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

ITA 1871/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad25 Jun 2025AY 2018-19

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

Section 143(1)Section 143(3)Section 145ASection 154

which is extracted as under: Paragraph E In the case of a company,— Rates of income-tax I. In the case of a domestic company,— (i) where its total turnover or the gross receipt in the previous year 2016- 17 does not exceed two hundred and fifty crore rupees

Shree Cement Limited, Bangur Nagar vs. ACIT, Central Circle, Ajmer

In the result, the appeal of the assessee - appellant in ITA No

ITA 1517/JPR/2024[2019-2020]Status: DisposedITAT Jaipur24 Jun 2025AY 2019-2020

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Shri Dilip B. Desai, FCAFor Respondent: Shri Arvind Kumar, CIT-DR
Section 115JSection 143(1)Section 254Section 36(1)(va)Section 80Section 801A

आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”A” JAIPUR Mk0 ,l- lhrky{eh

Intertek India Private Limited, Delhi vs. Assistant Commissioner of Income Tax, Circle 10(1), Delhi

In the result, the appeal of the assessee in ITA No

ITA 4660/DEL/2024[2019-20]Status: DisposedITAT Delhi24 Jun 2025AY 2019-20

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

For Appellant: Shri Nageswar Rao, AdvFor Respondent: Ms. Anjula Jain, CIT- DR
Section 115Section 237

objective of Memorandum was not confined to shifting the charge for administrative convenience, but also to encourage shareholders investments in domestic company (Para No. 56) c) Sec. 115-O is a code by itself in so far as levy and collection of tax on distributed profits are concerned. Non-obstante ... income of the company and thus, there is no double taxation and thus, DTAA does not apply (Para No. 79 & 80) i) If domestic company has to enter the domain of DTAA, the countries should specifically extend the treaty protection to DDT (Para

Nrb Bearings Limited, Mumbai vs. Joint Comissioner of Income Tax (OSD) - Circle 2(2)(2), Mumbai

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 3019/MUM/2025[2011-12]Status: DisposedITAT Mumbai20 Jun 2025AY 2011-12

Bench: Shri Vikram Singh Yadav & Ms. Kavitha Rajagopal

For Appellant: Shri Mayur Makadia, CAFor Respondent: Shri Leyaqat Ali Aafaqui
Section 142(1)Section 143(1)Section 143(3)Section 250

Registry. In this connection, the assessee filed two separate affidavits, explaining the reasons for the delay, which read as under: “The Appellant is a domestic company engaged in the business of manufacturing needle rollers, needle bushes, needle roller cages and needle roller bearings at Thane, Needle rollers and needle cages