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“Section 43(2)”

Section References (mined)Section 43Section 43(2)43 judgments

The decision most relied on for Section 43(2) is CIT v. Ponni Sugars & Chemicals Ltd. (306 ITR 392), cited in 577 judgments on BharatTax.

Leading authorities on Section 43(2)

CIT v. Ponni Sugars & Chemicals Ltd.
306 ITR 392 · 2008 · Supreme Court
577
citing judgments

The "Purpose Test" determines whether an incentive or subsidy is a capital or revenue receipt for income tax purposes. If the incentive's purpose is to enable an assessee to set up a new industry or make investments in capital assets, it is a capital receipt and not taxable.

CIT v. Smifs Securities Ltd.
348 ITR 302 · 2012 · Supreme Court
540
citing judgments

Goodwill, whether arising from an amalgamation or a slump sale, is an intangible asset eligible for depreciation under Section 32(1) of the Income-tax Act. While the assessee must prove the existence and valuation of such goodwill, it is recognized as a depreciable asset.

Sahney Steel and Press Works Ltd. v. CIT
228 ITR 253 · 1997 · Supreme Court
429
citing judgments

A subsidy is treated as a revenue receipt if the assessee is free to use the money in its business as it likes and is not obligated to spend it for a specific capital purpose, such as acquiring assets or repaying loans.

Escorts Ltd. v. UOI
199 ITR 43 · 1993 · Supreme Court
267
citing judgments

A statute should not be construed to permit double deduction for the same expenditure unless specifically provided by law.

M/s Mahadev Cold Storage v. Jurisdictional AO
43 Taxmann.com 33 · 2014 · High Court
262
citing judgments

Employees' contributions to welfare funds are an allowable deduction if paid before the due date for filing the income-tax return under section 139(1), even if the payment is made beyond the due date specified by the respective welfare fund Acts, as per the provisions of section 43B.

DCIT v. Reliance Industries Ltd.
88 ITD 273 · 2004 · ITAT
169
citing judgments

Interest, sales tax, and purchase tax subsidies received by an assessee are generally considered capital receipts, not revenue income, for income tax purposes.

CIT v. P.J. Chemicals Ltd.
210 ITR 830 · 1994 · Supreme Court
158
citing judgments

This Supreme Court decision clarifies the conditions under which a capital subsidy received by an assessee should be reduced from the 'actual cost' of an asset for computing depreciation under Section 43(1) of the Income-tax Act, depending on whether the subsidy directly meets the cost of the asset.

CIT v. Chaphalkar Brothers
400 ITR 279 · 2018 · Supreme Court
136
citing judgments

A subsidy is classified as a capital receipt if its object is to enable the assessee to set up or expand a new or existing unit. Conversely, it is a revenue receipt if its purpose is to help the assessee run the business more profitably.

Judgments citing Section 43(2)

Sundeep Sethi, Kolkata vs. I.T.O., Ward - 44(2), Kolkata

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

ITA 1248/KOL/2025[2015-2016]Status: DisposedITAT Kolkata11 Aug 2025AY 2015-2016

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.1248/Kol/2025 Assessment Year: 2015-16 Sundeep Sethi…….……………………………...………………..….……….Appellant 164, M. G. Road, Burra Bazar, Kol-7. [Pan: Alaps7114C] Vs. Ito, Ward-44(2), Kolkata ………..........................……........……...…..…..Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri Sima Das Biswas, Jcit-Sr.Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : August 11, 2025 Date Of Pronouncing The Order : August 11, 2025 Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 20.03.2024 For The Assessment Year 2015–16. 2. At The Outset The Ld. Ar Stated That There Is A Delay Of 374 Days In Filing The Present Appeal. The Assessee Has Filed A Petition For Condonation Of Delay Citing Reasonable Cause For The Belated Filing. We After Considering The Submissions & Materials On Record, We Are Satisfied That The Assessee Was Prevented By Reasonable Cause In Filing The Appeal Within The Prescribed Time. Accordingly, The Delay Is Condoned & The Appeal Is Admitted For Adjudication On Merits. 3. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed Return Of Income For The Assessment Year 2015–16 Declaring Total Income Of Rs.12,79,510/-. Notice U/S 148 Of The Act Was Issued To The Assessee For The Reasons That The Assessee In Ei Schedule Of The Said Return Has Claimed Exempt Income Under The Head ‘Long Term Capital Gains’ From Transaction On Which Securities Transaction Tax Is Paid. In

Section 148Section 43(2)Section 68

assessee filed return of income declaring same income as was filed in original return of income. Accordingly notice under section 43(2) of the Act was issued and ultimately after considering the various aspects of the case, the Assessing Officer found that a sum of Rs.18,19,250/- arising

Ocean Sparkle Limited, Hyderabad vs. DCIT., Circle 5(1), Hyderabad

In the result, appeal of the assessee is dismissed

ITA 1030/HYD/2024[2010-11]Status: DisposedITAT Hyderabad06 Aug 2025AY 2010-11

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

For Appellant: Sri Sourabh Soparkar, AdvocateFor Respondent: Shri Gurpreet Singh, Sr. AR
Section 115JSection 143(2)Section 143(3)Section 14ASection 263Section 801A

profits and gains of a business would differ according to the system adopted. This is made clear by defining the word 'paid in section 43(2), which is used in several sections from sections 30 to 43C, as meaning actually paid or incurred according to the method of accounting upon

Anunta Technology Management Services Limited, Mumbai vs. Deputy Commissioner of Income Tax, Circle 4(1)(1), Mumbai

In the result, the appeal by the assessee is allowed

ITA 2407/MUM/2025[2020-21]Status: DisposedITAT Mumbai09 Jul 2025AY 2020-21

Bench: Shri Narendra Kumar Billaiyashri Sandeep Singh Karhailanunta Technology Management Services Ltd., Level – 2, Block – 6, Nirlon Knowledge Park, Goregaon East, S.O. Mumbai ............... Appellant Mumbai - 400063 Pan : Aakca6159M V/S Dcit – 4(1)(1), ……………… Respondent Mumbai Assessee By : Shri K.K. Ved Revenue By : Shri Rajesh Kumar Yadav, Cit-Dr

For Appellant: Shri K.K. VedFor Respondent: Shri Rajesh Kumar Yadav, CIT-DR
Section 142(1)Section 143(2)Section 143(3)Section 144BSection 263Section 37(1)

money's worth spent or disbursed or for the spending or disbursing of which a liability has been incurred by an assessee……'. When section 43(2) of the Act is read in conjunction with section 37(1), the meaning of the term 'expenditure' turns out to be the same

JCIT(OSD)-14(1)(1), Mumbai vs. Avendus Capital Pvt. Ltd., Mumbai

Appeal is allowed

ITA 404/MUM/2025[2020-21]Status: DisposedITAT Mumbai06 Mar 2025AY 2020-21

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2020-21 Jcit (Osd)-14(1)(1), M/S Avendus Capital Pvt. Ltd., Room No. 432, 4Th Floor, 901, Platina, 9Th Floor, Plot No. Vs. Aayakar Bhavan, M.K. Road, C59, Bandra Kurla Complex, Mumbai-400020. Bandra East, Mumbai-400051. Pan No.Aabcc 2404 Q Appellant Respondent

For Appellant: Mr. Ashish Mehta &For Respondent: Dr. K.R. Subhash, CIT-DR
Section 14ASection 37(1)

that in above decisions, it was held that as per it was held that as per a joint reading of the provisions of section 43(2) a joint reading of the provisions of section 43(2) and section 37(1) of and section 37(1) of the Act, the term

M. P Police Sakh Sahkari Sanstha Maryadit Ujjain, Ujjain vs. Income Tax Officer -2(1), Ujjain

In the result appeal of the assessee is dismissed

ITA 192/IND/2024[2020-21]Status: DisposedITAT Indore28 Feb 2025AY 2020-21

Bench: Shri Manish Boradm.P. Police Sakh Sahakari Ito 2(1), Sanstha Maryadit, Ujjain 32Nd Battalion, Vs. Dewas Road Nagari, Ujjain (Appellant / Assessee) (Respondent/ Revenue) Pan: Aabam5551C Assessee By Shri Milind Wadhwani, Ar Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 27.02.2025 Date Of Pronouncement 28.02.2025 O R D E R

Section 143(3)Section 80P

present case, the undisputed fact is that the assessee society is required to deposit 25% of its profit as mandated by section 43(2) of the M.P. Chattisgarh Societies Act, 1960. Hence, the assessee is under legal obligation to keep 25% of its profits as reserves. Any interest accrued there

Gurumachideva Vividhodeesha Sahakara Sangh Ltd., Udupi vs. Income Tax Officer, Ward-1 & Tps, Udupi

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1345/BANG/2024[2017-18]Status: DisposedITAT Bangalore10 Jan 2025AY 2017-18

Bench: Shri Laxmi Prasad Sahu & Shri Soundararajan K.Assessment Year : 2017-18

For Respondent: Shri Mahesh .R. Uppin
Section 40A(7)Section 40A(7)(b)Section 43(2)Section 80P(2)(a)

IN THE INCOME TAX APPELLATE TRIBUNAL SMC-‘B’ BENCH : BANGALORE BEFORE SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER AND SHRI SOUNDARARAJAN

Steel City Beverages Limited, New Delhi vs. ITO, Ward-24(1), New Delhi

In the result the appeal of the assessee ispartly allowed for statistical purpose

ITA 3133/DEL/2023[2018-19]Status: DisposedITAT Delhi25 Nov 2024AY 2018-19

Bench: Sh.M. Balaganesh & Sh. Sudhir Kumarassessment Year: 2018-19 Steel City Beverages Vs Ito Limited, C/O Advocate Ward- 24 (1) Kanika Jain D-80, Lgf New Delhi Panchsheel New Delhi - 1110017 Pan No.Aaccs3967M (Appellant) (Respondent)

Section 142Section 143Section 143(2)Section 143(3)Section 36Section 40Section 40ASection 47A(7)

towards gratuity due to Shri Ajit Shah amounts to payment or comprehended by the word "Paid" within the meaning of section 43(2) under which the word "paid" is defined to mean as follows: Section 43(2): "paid" means actually paid or incurred according to the method of accounting upon ... Ajit Shah. Under the circumstances, the gratuity amount payable to Shri Shah should be taken to have been paid within the meaning of section 43(2). meaning of the word 'paid' under section 43(2) is duty applicable while interpreting meaning of the words used in section 43B. Therefore

M/S. Coastal Energy Private Limited Represented by Liquidator, Chennai vs. DCIT, Corporate Circle-1(2), Chennai

In the result, appeal filed by the revenue for the assessment year 2008-09 is dismissed and appeals filed by the assessee for the assessment years 2011-12, 2012-13 & 2013-

ITA 1366/CHNY/2023[2013-14]Status: DisposedITAT Chennai25 Oct 2024AY 2013-14

Bench: Shri Mahavir Singh, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 1363/Chny/2023 िनधा"रणवष" / Assessment Year: 2008-09 Assistant Commissioner Of Coastal Energy Private Limited Income Tax, Central Circle -1(1) V. (Under Official Liquidator), No.46, M.G. Road, Old No.22, New No.28, Menod Nungambakkam, Street, Purasawakkam, Chennai – 600 034. Chennai – 600 007. [Pan: Aaacc-4160-A] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita Nos.: 1364, 1365 & 1366/Chny/2023 िनधा"रणवष" / Assessment Years: 2011-12, 2012-13 & 2013-14 Coastal Energy Private Limited Deputy Commissioner Of Income (Under Official Liquidator), V. Tax, Old No.22, New No.28, Menod Corporate Circle -1(2), Chennai. Street, Purasawakkam, (Now Assessed By Assistant Chennai – 600 007. Commissioner Of Income, [Pan: Aaacc-4160-A] Central Circle -1(1), Chennai. (अपीलाथ"/Appellant) (""यथ"/Respondent) : Shri. B. Ramakrishnan, Fca Assessee By Department By : Shri. A. Sasikumar, Cit सुनवाई क" तारीख/Date Of Hearing : 11.09.2024 घोषणा क" तारीख/Date Of Pronouncement : 25.10.2024 आदेश /O R D E R

For Respondent: Shri. A. Sasikumar, CIT
Section 139(1)Section 143(3)Section 148

assets and liabilities to be received or paid in fixed amounts, e.g. , cash, receivables and payables. The word "paid" is defined under Section 43(2). This has been discussed earlier. Similarly, it is important to note that foreign currency notes, balance in bank accounts denominated in a foreign currency ... assets and liabilities to be received or paid in fixed amounts, e.g. , cash, receivables and payables. The word "paid" is defined under Section 43(2). This has been discussed earlier. Similarly, it is :-20-: ITA. Nos:1363 to 1366 /Chny/2023 important to note that foreign currency notes, balance in bank

M/S. Coastal Energy Private Limited Represented by Liquidator, Chennai vs. DCIT, Corporate Circle-1(2), Chennai

In the result, appeal filed by the revenue for the assessment year 2008-09 is dismissed and appeals filed by the assessee for the assessment years 2011-12, 2012-13 & 2013-

ITA 1365/CHNY/2023[2012-13]Status: DisposedITAT Chennai25 Oct 2024AY 2012-13

Bench: Shri Mahavir Singh, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 1363/Chny/2023 िनधा"रणवष" / Assessment Year: 2008-09 Assistant Commissioner Of Coastal Energy Private Limited Income Tax, Central Circle -1(1) V. (Under Official Liquidator), No.46, M.G. Road, Old No.22, New No.28, Menod Nungambakkam, Street, Purasawakkam, Chennai – 600 034. Chennai – 600 007. [Pan: Aaacc-4160-A] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita Nos.: 1364, 1365 & 1366/Chny/2023 िनधा"रणवष" / Assessment Years: 2011-12, 2012-13 & 2013-14 Coastal Energy Private Limited Deputy Commissioner Of Income (Under Official Liquidator), V. Tax, Old No.22, New No.28, Menod Corporate Circle -1(2), Chennai. Street, Purasawakkam, (Now Assessed By Assistant Chennai – 600 007. Commissioner Of Income, [Pan: Aaacc-4160-A] Central Circle -1(1), Chennai. (अपीलाथ"/Appellant) (""यथ"/Respondent) : Shri. B. Ramakrishnan, Fca Assessee By Department By : Shri. A. Sasikumar, Cit सुनवाई क" तारीख/Date Of Hearing : 11.09.2024 घोषणा क" तारीख/Date Of Pronouncement : 25.10.2024 आदेश /O R D E R

For Respondent: Shri. A. Sasikumar, CIT
Section 139(1)Section 143(3)Section 148

assets and liabilities to be received or paid in fixed amounts, e.g. , cash, receivables and payables. The word "paid" is defined under Section 43(2). This has been discussed earlier. Similarly, it is important to note that foreign currency notes, balance in bank accounts denominated in a foreign currency ... assets and liabilities to be received or paid in fixed amounts, e.g. , cash, receivables and payables. The word "paid" is defined under Section 43(2). This has been discussed earlier. Similarly, it is :-20-: ITA. Nos:1363 to 1366 /Chny/2023 important to note that foreign currency notes, balance in bank

M/S. Coastal Energy Private Limited Represented by Liquidator, Chennai vs. DCIT, Corporate Circle-1 (2), Chennai

In the result, appeal filed by the revenue for the assessment year 2008-09 is dismissed and appeals filed by the assessee for the assessment years 2011-12, 2012-13 & 2013-

ITA 1364/CHNY/2023[2011-12]Status: DisposedITAT Chennai25 Oct 2024AY 2011-12

Bench: Shri Mahavir Singh, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 1363/Chny/2023 िनधा"रणवष" / Assessment Year: 2008-09 Assistant Commissioner Of Coastal Energy Private Limited Income Tax, Central Circle -1(1) V. (Under Official Liquidator), No.46, M.G. Road, Old No.22, New No.28, Menod Nungambakkam, Street, Purasawakkam, Chennai – 600 034. Chennai – 600 007. [Pan: Aaacc-4160-A] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita Nos.: 1364, 1365 & 1366/Chny/2023 िनधा"रणवष" / Assessment Years: 2011-12, 2012-13 & 2013-14 Coastal Energy Private Limited Deputy Commissioner Of Income (Under Official Liquidator), V. Tax, Old No.22, New No.28, Menod Corporate Circle -1(2), Chennai. Street, Purasawakkam, (Now Assessed By Assistant Chennai – 600 007. Commissioner Of Income, [Pan: Aaacc-4160-A] Central Circle -1(1), Chennai. (अपीलाथ"/Appellant) (""यथ"/Respondent) : Shri. B. Ramakrishnan, Fca Assessee By Department By : Shri. A. Sasikumar, Cit सुनवाई क" तारीख/Date Of Hearing : 11.09.2024 घोषणा क" तारीख/Date Of Pronouncement : 25.10.2024 आदेश /O R D E R

For Respondent: Shri. A. Sasikumar, CIT
Section 139(1)Section 143(3)Section 148

assets and liabilities to be received or paid in fixed amounts, e.g. , cash, receivables and payables. The word "paid" is defined under Section 43(2). This has been discussed earlier. Similarly, it is important to note that foreign currency notes, balance in bank accounts denominated in a foreign currency ... assets and liabilities to be received or paid in fixed amounts, e.g. , cash, receivables and payables. The word "paid" is defined under Section 43(2). This has been discussed earlier. Similarly, it is :-20-: ITA. Nos:1363 to 1366 /Chny/2023 important to note that foreign currency notes, balance in bank

Assistant Commissioner of Income Tax, Chennai vs. Coastal Energy Private Limited (Under Official Liquidator), Chennai

In the result, appeal filed by the revenue for the assessment year 2008-09 is dismissed and appeals filed by the assessee for the assessment years 2011-12, 2012-13 & 2013-

ITA 1363/CHNY/2023[2008-09]Status: DisposedITAT Chennai25 Oct 2024AY 2008-09

Bench: Shri Mahavir Singh, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 1363/Chny/2023 िनधा"रणवष" / Assessment Year: 2008-09 Assistant Commissioner Of Coastal Energy Private Limited Income Tax, Central Circle -1(1) V. (Under Official Liquidator), No.46, M.G. Road, Old No.22, New No.28, Menod Nungambakkam, Street, Purasawakkam, Chennai – 600 034. Chennai – 600 007. [Pan: Aaacc-4160-A] (अपीलाथ"/Appellant) (""यथ"/Respondent) आयकरअपीलसं./Ita Nos.: 1364, 1365 & 1366/Chny/2023 िनधा"रणवष" / Assessment Years: 2011-12, 2012-13 & 2013-14 Coastal Energy Private Limited Deputy Commissioner Of Income (Under Official Liquidator), V. Tax, Old No.22, New No.28, Menod Corporate Circle -1(2), Chennai. Street, Purasawakkam, (Now Assessed By Assistant Chennai – 600 007. Commissioner Of Income, [Pan: Aaacc-4160-A] Central Circle -1(1), Chennai. (अपीलाथ"/Appellant) (""यथ"/Respondent) : Shri. B. Ramakrishnan, Fca Assessee By Department By : Shri. A. Sasikumar, Cit सुनवाई क" तारीख/Date Of Hearing : 11.09.2024 घोषणा क" तारीख/Date Of Pronouncement : 25.10.2024 आदेश /O R D E R

For Respondent: Shri. A. Sasikumar, CIT
Section 139(1)Section 143(3)Section 148

assets and liabilities to be received or paid in fixed amounts, e.g. , cash, receivables and payables. The word "paid" is defined under Section 43(2). This has been discussed earlier. Similarly, it is important to note that foreign currency notes, balance in bank accounts denominated in a foreign currency ... assets and liabilities to be received or paid in fixed amounts, e.g. , cash, receivables and payables. The word "paid" is defined under Section 43(2). This has been discussed earlier. Similarly, it is :-20-: ITA. Nos:1363 to 1366 /Chny/2023 important to note that foreign currency notes, balance in bank

The ACIT, Circle-1, Bhavnagar vs. Shri Vallabhbhai Dhanjibhai Patel, Bhavnagar

In the result the appeal filed by the Revenue is hereby dismissed

ITA 7/AHD/2021[2012-13]Status: DisposedITAT Ahmedabad23 Oct 2024AY 2012-13

Bench: The Tribunal On

Section 143(3)Section 2(14)Section 45Section 50C

ACIT Vs. Shri Vallabhbhai Dhanjibhai Pate permission of the Collector under Section 43(1), the said agreement will be invalid as per Section 43(2) of the said Act Para 19: Thereafter, the nature of the consent terms was also examined by the learned Judge in the context of Section ... without taking previous sanction of the Collector under section 43(1) of the Tenancy Act, the said agreement shall be invalid as per Section 43(2) of the said Act. Suffice it to say that Section 43(1) of the Tenancy Act bars even entering into agreement or alienating

Sundaram Fasteners Limited, Chennai vs. DCIT Corporate Circle 6(2), Chennai

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

ITA 3236/CHNY/2017[2013-14]Status: DisposedITAT Chennai26 Jul 2024AY 2013-14

Bench: Shri Aby T. Varkey & Shri Amitabh Shuklaआयकर अपील सं./Ita No.3236/Chny/2017 िनधा"रण वष"/Assessment Year: 2013-14 V. M/S.Sundram Fasteners Ltd., The Dcit, 98-A, 7Th Floor, Corporate Circle-6(2), Dr.Radhakrishnan Salai, Chennai. Mylapore, Chennai-600 004. [Pan: Aaacs 8779 D] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri Vikaram VijayaraghavanFor Respondent: Shri A. Sasikumar, CIT

assets and liabilities to be received or paid in fixed amounts, e.g., cash, receivables and payables. The word "paid" is defined under Section 43(2). This has been discussed earlier. Similarly, it is important to note that foreign currency notes, balance in bank accounts denominated in a foreign currency

M.P. Police Cooperative Credit Society, Bhopal vs. NFAC, Delhi

The appeals of the assessee are partly allowed

ITA 327/IND/2023[2020-21]Status: DisposedITAT Indore06 Jun 2024AY 2020-21

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 234ASection 43(2)Section 80Section 80PSection 80P(2)(a)Section 80P(2)(d)

section 80P(2)(d). 3.1 As regards the interest income from State Bank of India the Ld. AR has submitted that as per section 43(2) of M.P. Cooperative Societies Act 1960 a cooperative society is required to transfer an Page 3 of 22 ITAN0o.326 & 327/Ind/2023 M.P. Police Cooperative Credit ... present case, the undisputed fact is that the assessee society is required to deposit 25% of its profit as mandated by section 43(2) of the M.P./Chattisgarh Societies Act, 1960. Page 20 of 22 ITAN0o.326 & 327/Ind/2023 M.P. Police Cooperative Credit Society Hence, the assessee is under legal obligation

M.P. Police Co-Operative Credit Society, Bhopoal vs. NFAC, Delhi

The appeals of the assessee are partly allowed

ITA 326/IND/2023[2018-19]Status: DisposedITAT Indore06 Jun 2024AY 2018-19

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 234ASection 43(2)Section 80Section 80PSection 80P(2)(a)Section 80P(2)(d)

section 80P(2)(d). 3.1 As regards the interest income from State Bank of India the Ld. AR has submitted that as per section 43(2) of M.P. Cooperative Societies Act 1960 a cooperative society is required to transfer an Page 3 of 22 ITAN0o.326 & 327/Ind/2023 M.P. Police Cooperative Credit ... present case, the undisputed fact is that the assessee society is required to deposit 25% of its profit as mandated by section 43(2) of the M.P./Chattisgarh Societies Act, 1960. Page 20 of 22 ITAN0o.326 & 327/Ind/2023 M.P. Police Cooperative Credit Society Hence, the assessee is under legal obligation

Mudur Vyavasaya Seva Sahakari Sangha Ltd., Udupi vs. Income Tax Officer, Ward-2, Udupi

ITA 78/BANG/2024[2017-18]Status: DisposedITAT Bangalore29 May 2024AY 2017-18

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2017-18

For Appellant: Shri Mahesh R. Uppin, AdvocateFor Respondent: Shri V. Parithivel, Jt.CIT(DR)(ITAT), Bengaluru
Section 143(1)Section 18Section 40A(7)Section 43(2)Section 56Section 80P

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH : BANGALORE BEFORE SMT. BEENA PILLAI, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU

Asst CIT (Ltu) 1, Mumbai vs. Grasim Industries Limited (As A Successor to Aditya Birla Nuvo Ltd, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 1248/MUM/2017[2011-12]Status: DisposedITAT Mumbai28 Dec 2023AY 2011-12

Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am

For Appellant: Shri Yogesh Thar, ARFor Respondent: Ms. A. Alankrutha, Sr. DR
Section 10BSection 115JSection 14ASection 234BSection 271(1)(c)Section 32(1)(iia)Section 37Section 40Section 43BSection 80I

actually paid or payable should be allowed as a deduction, the ld. AR submitted that section 30 should be read along with section 43(2) of the Act where the term "actually paid" is defined to state that the amount paid or incurred should be allowed as a deduction ... operating lease and therefore it is distinguishable. On the contention of the ld. AR that section 30 should be read along with section 43(2) of the Act, the ld. DR submitted that the said section provides that amount actually paid or incurred according to the method of accounting upon

Grasim Industries Limited (As A Successor to Aditya Birla Nuvo Ltd), Mumbai vs. Addl CIT Ltu, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 1065/MUM/2017[2011-12]Status: DisposedITAT Mumbai28 Dec 2023AY 2011-12

Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am

For Appellant: Shri Yogesh Thar, ARFor Respondent: Ms. A. Alankrutha, Sr. DR
Section 10BSection 115JSection 14ASection 234BSection 271(1)(c)Section 32(1)(iia)Section 37Section 40Section 43BSection 80I

actually paid or payable should be allowed as a deduction, the ld. AR submitted that section 30 should be read along with section 43(2) of the Act where the term "actually paid" is defined to state that the amount paid or incurred should be allowed as a deduction ... operating lease and therefore it is distinguishable. On the contention of the ld. AR that section 30 should be read along with section 43(2) of the Act, the ld. DR submitted that the said section provides that amount actually paid or incurred according to the method of accounting upon

Shree Narmada Khand Udyog Sahkari Mandali Ltd., Narmada vs. Income Tax Officer, Ward - 2(1), Bharuch

In the result, the grounds of appeal raised by the assesse are allowed

ITA 104/SRT/2023[2014-15]Status: DisposedITAT Surat31 Oct 2023AY 2014-15

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 234ASection 254(1)Section 271(1)(c)Section 28Section 37Section 37(1)

cannot be now open to challenge the same. In case of assessee also, the assessee paid the difference because as per provisions of Section 43(2) paid means actually paid or incurred according to method of accounting upon the basis of which the profits and gains are computed under ... assessee has paid additional price after profit came to be quantified. The additional price paid on finalization of accounts under Section 43(2) is an allowable expense in mercantile system of accounting. 10. The ld. Senior Counsel for the assessee further submits that the Hon’ble Supreme Court recently

Shree Narmada Khand Udyog Sahkari Mandali Ltd., Narmada vs. Income Tax Officer, Ward - 2(1), Bharuch

In the result, the grounds of appeal raised by the assesse are allowed

ITA 103/SRT/2023[2013-14]Status: DisposedITAT Surat31 Oct 2023AY 2013-14

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 234ASection 254(1)Section 271(1)(c)Section 28Section 37Section 37(1)

cannot be now open to challenge the same. In case of assessee also, the assessee paid the difference because as per provisions of Section 43(2) paid means actually paid or incurred according to method of accounting upon the basis of which the profits and gains are computed under ... assessee has paid additional price after profit came to be quantified. The additional price paid on finalization of accounts under Section 43(2) is an allowable expense in mercantile system of accounting. 10. The ld. Senior Counsel for the assessee further submits that the Hon’ble Supreme Court recently